DeSoto City Council Meeting
Tuesday, June 20, 2006

The City Council of the City of DeSoto met in Regular Session on Tuesday, June 20, 2006, in the DeSoto Town Center, 211 E. Pleasant Run Road, DeSoto, Texas


 

A.

WORK SESSION

 

Mayor Hurtt called the Work Session to order at 6:00 p.m.


Members Present:
Mayor Hurtt
Mayor Pro Tem Waddle
Councilmember Helm
Councilmember Mayer
Councilmember Clardy
Councilmember Sherman
Councilmember Williams
 


 

1.

Review of Master Agenda by City Manager.

 

City Manager Baugh reviewed the Master Agenda.



 

2.

Discussion of Regular Agenda items.


 

3.

Update on Regional Initiatives related to Drainage and Storm Water Management.

 

Tom Johnson, Managing Director of Development Services, provided a PowerPoint presentation titled Drainage and Storm Water Regional Initiatives.  A scanned copy of the presentation notes is inserted below. 



 

4.

Review of Drought Contingency Plan and review of Water Usage.

 

Jimmie Johnson, Superintendent of Water/Wastewater, provided a handout titled, Drought Contingency Plan & Trigger Points, with a copy of Ordinance 1354-00 adopted on April 18, 2000.  A scanned copy of the handout document is inserted below.


 

Mayor Hurtt recessed the Work Session at 6:59 p.m.



 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Hurtt called the Regular Session to order at 7:00 p.m.


Members Present:
Mayor Hurtt
Mayor Pro Tem Waddle
Councilmember Helm
Councilmember Mayer
Councilmember Clardy
Councilmember Sherman
Councilmember Williams
 


 

1.

Invocation by: Bruce Smiley, Southwest Baptist Church


 

2.

Pledge of Allegiance led by Councilmember Virgil Helm


 

3.

Ambassador: Sharon Carmichael, Senior Secretary, Southwest Regional Call Center (SWRCC) 

 

Sharon Carmichael is the Senior Secretary for the Southwest Regional Communications Center and will celebrate her 1st anniversary on June 27.  She came to us from the City of Arlington where she was the Athletic Coordinator for 11 years.  She has an Associates Degree in Business.  Sharon is originally from Tulsa, OK but has been a Texas resident since 1979.  She and her husband Bryan live in Cedar Hill and she has 2 sons, ages 20 and 23.  In her spare time, Sharon enjoys playing softball, bowling, and water sports.  She loves college football and is an avid Oklahoma Sooners fan.  She also enjoys working with her 2 Labrador Retriever dogs named Hershey and Puddin’.  A little known fact:  Sharon was hit by a car when she was 4 years old while crossing a neighborhood street.  No broken bones, just a concussion, and a good excuse when things go wrong!



 

C.

PRESENTATIONS


 

1.

Presentation of a Resolution by Dallas County Commissioner John Wiley Price recognizing the City of DeSoto’s All-America City Award.

 

Dallas County Commissioner John Wiley Price read the Resolution to City Council and audience.



 

2.

Presentation of Proclamation recognizing Great Days of Service.

 

Mayor Hurtt presented the Proclamation to the group.



 

3.

Recognition of Marikay Dewberry’s receipt of North East Texas Library System (NETLS) Citizen of the Year award.

 

Mayor Hurtt presented a DeSoto Commemorative Coin Paperweight to Ms. Dewberry in recognition of receiving the NETLS award and read excerpts from the nomination letter submitted by DeSoto Public Library Managing Director, Lucile Dade. 


 

Representatives of Masonic Lodge #1409 presented a check to the City of DeSoto Library in the amount of $500.00 to purchase children’s books.  The funds were raised at their annual barbeque event.  



 

4.

Presentation of May 2006 Financial Report.

 

Patrick Harvey, Assistant Finance Director presented the Financial report.  Mr. Harvey was sporting his patriotic red, white, and blue bow tie in honor of the All-America City Award presented to the City of DeSoto.  Walter Shumac assisted with the PowerPoint presentation.



 

D.

CONSENT AGENDA


 

1.

Approval of City Council Minutes

a. Regular Meeting - 06-06-06
b. Special Meeting - N/A

 

2.

Acceptance of Board and Commission Minutes

a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - N/A
e. Library Board - N/A
f. Park Development Corporation - 04-03-06, 05-01-06
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - 05-04-06
j. Zoning Board of Adjustment - N/A

 

3.

Ordinances and Resolutions. 

 

No items scheduled for this Agenda.



 

4.

Contracts and Agreements. 

 

No items scheduled for this Agenda.



 

5.

Other Consent Items. 

Motion by Councilmember Helm with second by Mayor Pro Tem Waddle to approve the Consent Agenda as presented. Motion approved unanimously.



 

E.

PUBLIC HEARINGS


 

1.

Consider Zoning Case Z-1061-06; an amendment to Planned Development 10 (PD-10) to delete a Dedicated Right-of-Way; located west of Prince George Road; Applicant: KRG Properties, LLC; Owner: William Kelly Clark; and adopting Ordinance.

Motion by Councilmember Mayer with second by Councilmember Helm to open this Public Hearing. Motion approved unanimously.


 

Linda Zombeck, Senior Planner, presented excerpts from the staff management report and provided a PowerPoint presentation and visual aids of maps and aerial photos. 


 

Applicant Steven Brown, in partnership with Kelly Clark, 2808 Emerald Sound, Cedar Hill, addressed Council and requested the road to be terminated due to security reasons and access to minimize traffic within their facility as well as the apartments. 


Motion by Councilmember Clardy with second by Councilmember Mayer to close this Public Hearing. Motion approved unanimously.


 

City Secretary Shipman read the caption of the Ordinance into the official record.


Motion by Councilmember Helm with second by Councilmember Clardy to approve the item as presented and adopt Ordinance 1069-06. Motion approved unanimously.



 

2.

Consider Zoning Case Z-1060-06; a Specific Use Permit (SUP) for a Telecommunications Tower located at 1430 N. Polk Street; consisting of approximately 568.51 sq. ft. and containing one (1) leased site on a four acre tract; Applicant: Dave Kirk; Owner: T-Mobile Texas, LP; and adopting Ordinance.

Motion by Mayor Pro Tem Waddle with second by Councilmember Mayer to open this Public Hearing. Motion approved unanimously.


 

Linda Zombeck, Senior Planner, presented excerpts from the staff management report and a PowerPoint presentation for visual maps and aerial photos.


 

Applicant, Dave Kirk with T-Mobile Texas, addressed Council to respond to questions and discuss tower appearance and location.


 

Cecelia Neeland, 810 Aspen Lane, addressed Council stating she is concerned that it is an electrical source and may cause an explosion.  She feels her residence would be impacted by the tower and stated she was opposed to it being at this location.


 

Linda Bailey, 920 Manor Drive, President of the Homeowners Association, addresssed Council and stated she feels it will dimenish their quality of life and the tower causes her great concern.


 

Mr. Kirk returned to the podium to respond to questions from Council.  He stated the tower sites cost between $200,000 and $300,000 to build and are designed and engineered to meet very high standards by the Federal Government and if lightning hits the tower, a ground ring inside causes the lightning to be grounded immediately.  This tower is not within the 60’ gas line easement.


Motion by Mayor Pro Tem Waddle with second by Councilmember Mayer to close this Public Hearing. Motion approved.


 

City Secretary Shipman read the caption of the Ordinance into the public record.


Motion by Councilmember Clardy with second by Councilmember Sherman to deny this Specific Use Permit for the Telecommunications Tower located at 1430 N. Polk Street. Motion approved with five (5) votes in favor from Mayor Hurtt, Mayor Pro Tem Waddle, Councilmember Mayer, Councilmember Clardy, and Councilmember Williams, and with two (2) votes in opposition from Councilmember Helm, and Councilmember Sherman..


 

For clarification purposes, the motion for Public Hearing E.2. was to deny the request.  Therefore, a "yes" vote is in support of a denial.  A "no" vote is opposed to a denial.  Mayor Hurtt, Mayor Pro Tem Waddle, and Councilmembers Mayer, Clardy, and Williams voted "yes" to deny the Specific Use Permit.  Councilmembers Helm and Sherman voted "no" as they were in support of the Specific Use Permit.



 

3.

Consider Zoning Case Z-1062-06; a proposed amendment to the Use Chart, contained within the Zoning Ordinance, concerning the Planned Development Column; and amending Sections 16-21 concerning a reference to uses allowed and adopting Ordinance.

Motion by Councilmember Clardy with second by Mayor Pro Tem Waddle to open this Public Hearing. Motion approved unanimously.


 

Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff management report and a PowerPoint presentation.


Motion by Councilmember Mayer with second by Councilmember Sherman to close this Public Hearing. Motion approved.


 

City Secretary Shipman read the caption of the Ordinance into the official record.


Motion by Councilmember Mayer with second by Councilmember Williams to approve this item as presented and adopt Ordinance 1670-06. Motion approved unanimously.



 

4.

ITEM NOT PRESENTED AT REQUEST OF APPLICANT.

 

The publication of the Council Agenda Packet was completed prior to staff receiving notification that the Applicant requested this item to be pulled from consideration by Council. ( Zoning Case Z-1064-06, an amendment to PD-20)



 

5.

Consider approval of Ordinance denying the request of ATMOS Energy Corp., Mid-Tex Division, for the 2005 Annual Gas Reliability Infrastructure Program (GRIP) Rate Increase.

Motion by Councilmember Mayer with second by Councilmember Helm to open this Public Hearing. Motion approved unanimously.


 

Lynda Humble, Assistant City Manager, presented excerpts from the staff management report.


Motion by Councilmember Mayer with second by Councilmember Clardy to close this Public Hearing. Motion approved unanimously.


 

City Secretary Shipman read the caption of the Ordinance into the public record. 


Motion by Councilmember Mayer with second by Councilmember Clardy to approve this item as presented and adopt Ordinance 1671-06. Motion approved unanimously.


 

A point of clarification:  The motion was unanimous to deny the rate increase requested Atmos Energy Corp.



 

6.

Consider adoption of Ordinance denying ATMOS Energy Corp., Mid-Tex Division’s Statement of Intent to increase Gas Utility Rates; supporting the reduction of existing Natural Gas Distribution Rates currently charged; ordering ATMOS to reimburse the City for its reasonable costs incurred in ratemaking proceedings or appeals; and authorizing the ATMOS Cities Steering Committee to act on behalf of DeSoto.

Motion by Councilmember Helm with second by Councilmember Mayer to open this Public Hearing. Motion approved unanimously.


 

Lynda Humble, Assistant City Manager, presented excerpts from the staff management report.


Motion by Councilmember Helm with second by Councilmember Mayer to close this Public Hearing. Motion approved unanimously.


 

City Secretary Shipman read the caption of the Ordinance into the public record.


Motion by Mayor Pro Tem Waddle with second by Councilmember Williams to approve the item as presented and adopt Ordinance 1672-06. Motion approved unanimously.



 

7.

Consider authorization to amend rate structure of the solid waste contract with Republic Waste Systems Ltd. d/b/a Duncan Disposal Company, Inc. to reflect rate increase of Waste Management d/b/a Skyline Landfill effective August 1, 2006.

Motion by Councilmember Helm with second by Councilmember Clardy to open this Public Hearing. Motion approved unanimously.


 

Lynda Humble, Assistant City Manager, presented excerpts from the staff management report.


Motion by Councilmember Mayer with second by Councilmember Clardy to close this Public Hearing. Motion approved unanimously.


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item as presented. Motion approved unanimously.



 

8.

First Reading of Ordinance amending existing Franchise with TXU Electric Delivery to provide for a different payment schedule and providing an extension of the Franchise Term.

Motion by Councilmember Helm with second by Councilmember Clardy to open this Public Hearing. Motion approved unanimously.


 

Lynda Humble, Assistant City Manager, presented excerpts from the staff management report.


 

First reading of Ordinance caption by Assistant City Manager Humble.


 

Public Hearing held with no voting action required.



 

F.

REGULAR AGENDA - New Business


 

1.

Consider Final Plat FP-969-06; Summer Meadows Phase II; 34.812 acres, 125 lots; located west of Uhl Road and south of Parkerville Road; Applicant: Dietz Engineering; Owner ISF Summer Meadows Investors, LP.

 

Linda Zombeck, Senior Planner, presented excerpts from the staff management report and provided visual displays.


Motion by Mayor Pro Tem Waddle with second by Councilmember Clardy to approve the item as presented. Motion approved unanimously.



 

2.

Consider Final Plat FP-970-06; Summer Meadows Phase III; .383 acres and one (1) lot; located east of Bluebonnet Drive and south of Skyflower Court; Applicant: Dietz Engineering; Owner ISF Summer Meadows Investors, LP.

 

Linda Zombeck, Senior Planner, presented excerpts from the staff management report.


Motion by Councilmember Clardy with second by Councilmember Helm to approve the item as presented. Motion approved unanimously.



 

3.

Consider award of 24-month Fixed Price Agreement for Linen Services in the DeSoto Civic Center to Admiral Linen & Uniform.

 

Mel Rapp, Managing Director of Park and Leisure Services, presented excerpts from the staff management report.


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item as presented. Motion approved unanimously.



 

4.

Consider Resolution supporting the Regional Transportation Council’s approved Tolling Policies for Comprehensive Development Agreements.

 

Mayor Hurtt presented excerpts from the staff management report prepared by Lynda Humble, Assistant City Manager.


Motion by Councilmember Mayer with second by Councilmember Sherman to approve the item as presented and Resolution 06-16. Motion approved unanimously.



 

5.

Consider a Resolution to cancel the City Council Meeting scheduled for July 4, 2006.

 

Mayor Hurtt presented excerpts from the staff management report and information on Joint Fireworks program to be held in Lancaster this year.


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item as presented and Resolution 06-17. Motion approved unanimously.



 

6.

Consider appointing Councilmembers to Housing Finance Corporation, Industrial Development Authority, and Health Facilities Development Corporation.

 

Camelia Browder, Managing Director of Finance, presented excerpts from the staff management report.


Motion by Councilmember Mayer with second by Councilmember Clardy to appoint seated Councilmembers to the Housing Finance Corporation; to appoint the seated Councilmembers to the Industrial Development Authority; and to appoint the seated Councilmembers to the Health Facilities Development Corporation. Motion approved unanimously.



 

G.

REGULAR AGENDA - Old Business

 

No items scheduled for this Agenda.



 

H.

CITIZEN APPEARANCES

 

No citizens requested to speak.



 

I.

ANNOUNCEMENTS

 

Mayor Hurtt made announcements regarding the Great Days of Service; the Resolution presented by Dallas County Commissioner Price; and the Juneteenth celebration on June 18th.



 

J.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

 

No items scheduled for this Agenda.



 

K.

ADJOURNMENT

 

Mayor Hurtt adjourned the Regular Session at  9:41 .




An audio tape of the Work Session and an audio tape and video tape of the Regular Session for this meeting are stored with the City Secretary through the Records Management Program.  The City Secretary, per the adopted retention schedules of the Texas State Library and Archive Commission, will maintain a complete file copy of the City Council Agenda Packet.


Respectfully submitted,



 
_________________________________
Anell Shipman, City Secretary

 

APPROVED:_________________



 
________________________________
Mayor Michael Hurtt