DeSoto City Council Meeting
Tuesday, July 18, 2006

The City Council of the City of DeSoto met in Regular Session on Tuesday, July 18, 2006, in the DeSoto Town Center, 211 E. Pleasant Run Road, DeSoto, Texas


Housing Finance Corporation
 

Industrial Development Authority
 

Health Facilities Development
 

 

The City Council and Camelia Browder, Managing Director of Finance conducted Annual meetings of the Housing Finance Corporation, Industrial Development Authority, and Health Facilities Development Corporation during the Work Session. 



 

A.

WORK SESSION


 

1.

Review of Master Agenda by City Manager.


 

2.

Discussion of Regular Agenda items.


 

3.

Discussion of National Night Out and coordination of visits to participating HOA’s.


 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Hurtt called the meeting 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: Reverend Anette Meehan, First Christian Church


 

2.

Pledge of Allegiance led by Councilmember Gordon Mayer

 

Vincent Verheyden, Life Scout, Troop 125, led the Pledge to the United States Flag.  Councilmember Mayer led the Pledge to the Texas Flag.



 

3.

Ambassador:  Lt. Brian Windham, Police Department

 

Brian Windham is the Administrative Lieutenant for the DeSoto Police Department.  He oversees jail operations, hiring and recruiting, property/evidence, quartermaster, and the accreditation process.  Brian has been with the department for over fourteen years and a Lieutenant since 2001.  Brian has a Masters degree from Amberton University.  Brian’s family is the light of his life with a beautiful/wonderful wife and two great children.  He loves to hunt, fish, and travel. 



 

C.

PRESENTATIONS


 

1.a.

Presentation by State Representative Yvonne Davis in recognition of the City of DeSoto’s receipt of the National Civic League’s All-America City Award.

 

Representative Davis, District 111,  presented a framed Resolution from the Texas House of Representatives.

Representative Yvonne Davis, District 111, presented a Resolution from the Texas House of Representatives.  She made some personal congratulatory remarks stating, "when we grow together, we all win."  She read an excerpt from the Resolution to the Mayor, Council, and citizens.



 

1.b.

Presentation by State Representative Helen Giddings in recognition of the City of DeSoto’s receipt of the National Civic League’s All-America City Award.

 

Representative Giddings, District 109,  presented a framed Resolution from the Texas House of Representatives.

Representative Helen Giddings, District 109, proudly announced she was a resident of DeSoto, and presented a Resolution from the Texas House of Representatives.  Sarah Wayland, assistant to Representative Giddings provided a creative writing reading recognizing DeSoto’s achievement as an All-America City. Representative Giddings followed with her personal thoughts and congratulations for DeSoto and read the Resolution to the Mayor, Council, and citizens.

Mayor Hurtt asked the Representatives, Councilmembers, and other citizens that participated in the united effort for DeSoto to come forward for photographs.



 

2.

Presentation to the City from First National Bank in recognition of the All-America City Award from the National Civic League.

 

Linda Barnes-Rhodes, President of First National Bank, a 20 year resident of DeSoto, presented a framed certificate of recognition to the Mayor, Councilmembers and all DeSoto residents.  Ms. Barnes-Rhodes requested that  Denise Valentine, Chairman of DeSoto Dining and Dialogue, come forward to receive a certificate and a check for $2,000 to assist  with the Dining and Dialogue organization.



 

3.

Presentation of the DEDC Operating Budget for FY 2006-2007, the Five-Year Strategic Plan, and the Annual Plan of Work for FY 2006-2007.

 

A copy of this presentation is available for public viewing.


 

Sandy Respess, DEDC Board President,  with the assistance of Scott Livingston, DEDC Executive Director,  made the presentation.  President Respess introduced DEDC Board Member Curtistene McCowan who was present in the audience.  The Mayor and Councilmembers expressed their comments on the presentation of the budget and future plans for DEDC.  Mr. Livingston addressed Council to respond to their questions.



 

4.

Presentation of June 2006 Financial Report.

 

Patrick Harvey, Assistant Finance Director, with the assistance of Walter Schumac, made the presentation. 



 

D.

CONSENT AGENDA


 

1.

Approval of City Council Minutes

a. Regular Meeting - N/A
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 - 05-15-06, 05-19-06
e. Library Board - N/A
f. Park Development Corporation - N/A
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - N/A
j. Zoning Board of Adjustment - N/A

 

3.

Ordinances and Resolutions 

 

No items presented for this Agenda.



 

4.

Contracts and Agreements

1. Consider approval of the Interlocal Cooperation Purchasing Agreement with the Collin County Purchasing Group (Coop Entity).

 

5.

Other Consent Items 

 

No items presented for this Agenda.


Motion by Councilmember Helm with second by Councilmember Clardy to approve Consent Agenda as presented. Motion approved unanimously.



 

E.

PUBLIC HEARINGS


 

1.

Consider Zoning Case Z-1065-06; an amendment to Kentsdale Farm Planned Development (PD-92) regarding the addition of eight (8) additional acres to the development; an area south of Parkerville Road and west of Melody Lane; consisting of approximately 80.34 acres and containing 210 residential lots; Applicant/Owner: Wildwood Development; and adopting Ordinance.

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


 

Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the Management Report.


 

Mr. Vatthauer noted changes in the Ordinance.


 

Richard Rozier, representative of the applicant addressed Council to provide additional information. Acknowledged the background for the naming of the Richard Pittmon street


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.


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item with stipulations and corrections and adopt Ordinance #1675-06.  Motion approved unanimously.



 

2.

Consider Zoning Case Z-1063-06; an amendment to Planned Development 74 (PD-74) to amend requirements for exterior finish and phasing; located northwest of Parkerville Road and Polk Street; Applicant: DeSoto Ridge Apartments, Ltd.; Owner: Don Hudgins; and adopting Ordinance.

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


 

Linda Zombeck, Senior Planner, presented excerpts from the Management Report and provided a presentation with aerial photographs and a site plan.


 

The applicant, 11509 Cactus Spring, Keller, Texas, addressed Council to describe the product. Councilmember Williams raised questions and his concerns regarding the manufactured stone. 


 

Council discussion regarding the exterior product.


 

Bud Hudgins, 722 N. Main Street, Fort Worth, Texas and John Owens, 1118 Laguna Vista Way, Grapevine, Texas addressed Council to define the durability of the manufactured stone.


 

Discussion by Councilmembers to clarifiy  issues brought forward.


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.


 

Council and Applicants continued discussion. 


Motion by Councilmember Clardy with second by Councilmember Williams to table the item until the next meeting. 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..


 

Comments by Councilmember Helm.


 

Clarification:  Five votes in favor of tabling the item from Mayor Hurtt, Mayor Pro Tem Waddle, and Councilmembers Mayer, Clardy, and Williams.  Two votes opposed to tabling the item from Councilmembers Helm and Sherman.



 

3.

Consider Zoning Case Z-1066-06; an amendment to Planned Development 105 (PD-105) to provide a Site Plan, Landscape Plan and Building Elevations for Lot 6; located north of Belt Line and east of Elerson; Applicant: Dunaway Associates, L.P.; Owner: Nexgen Properties; and adopting Ordinance.

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


 

Linda Zombeck, Senior Planner, presented excerpts from the Management Report and provided aerial photographs and site plan for this zoning case.

Thelma Clardy left the dais at 9:34pm.


 

Brent Oneal, with Dunaway Associates, addressed concerns of the Planning and Zoning Commission. 


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


 

City Secretary Shipman read the caption of the Ordinance.


Motion by Councilmember Mayer with second by Councilmember Williams to approve the item as presented and adopt Ordinance #1674-06. Motion approved unanimously.



 

4.

Second reading of Caption of Ordinance amending existing Franchise with TXU Electric Delivery to provide for a different payment schedule and providing an extension of the Franchise Term and consider adopting Ordinance.

Motion by Councilmember Mayer with second by Mayor Pro Tem Waddle 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 Mayor Pro Tem Waddle 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 Sherman to approve the item as presented and adopt Ordinance #1673-06.  Motion approved unanimously.



 

F.

REGULAR AGENDA - New Business


 

1.

Consider a Professional Services Contract with Grantham and Associates Engineering in the amount of $35,651 for the Belt Line Siphon Improvements Project.

 

Walter Shumac, City Engineer, provided excerpts from the Staff Management Report and presented aeriels and photographs of the project.


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



 

2.

Consider approval of an Emergency Purchase Order in the amount of $140,185.53 to fund the rental and maintenance cost for the Belt Line Road Sanitary Sewer Bypass System.

 

Tom Johnson, Managing Director of Development Services, presented excerpts from the Staff Management Report.


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



 

3.

Consider Resolutions authorizing Eminent Domain proceedings to acquire street Rights-of-Way and Temporary Construction Easements on East Parkerville Road for the Parkerville Road Widening Project.

 

Walter Schumac, City Engineer, presented excerpts from the Staff Management Report and provided an aerial photograph and drawings of the street and road layouts.


 

Betty Davis, 1338 E. Parkverville Road, a resident for 35 years, addressed Council and distributed a petition signed by five (5) residents that own seven (7) of the eleven (11) lots. The beginning statement of the Petition is, "We, the property owners, on the south side of Parkerville Road do not desire to sell our land to the City and will not accept the offer made to sell our land for an access easement road to the City of DeSoto". Ms. Davis reviewed the petition that listed alternative suggestions. Councilmember Sherman expressed appreciation to Ms. Davis for appearing at the meeting tonight.


 

Donna Bossert, 1337 E. Parkerville Road, addressed Council and expressed her objections to the access road and the price offered for the property. Mayor Hurtt explained the process of Eminent Domain.


Motion by Councilmember Mayer with second by Councilmember Williams to approve the item as presented with the six (6) Resolutions: #06-19, #06-20, #06-21, #06-22, #06-23, #06-24.  Motion approved unanimously.



 

4.

Consider award of annual Contract for Wrecker Service and Vehicle Storage Facility.

 

Lt. Brian Wyndam, DeSoto Police Department, provided excerpts from the Staff Management Report.


 

Councilmember Clardy left the meeting at 10:45pm.


Motion by Mayor Pro Tem Waddle with second by Councilmember Sherman to approve the item as presented. Motion approved unanimously, with six (6) members voting.



 

5.

Consider sale of property located at 1 Cockrell Hill Road to Dallas County for Right-of-Way Easement.

 

John Ames, Tax Collector, presented excerpts from the Staff Management Report.


Motion by Councilmember Mayer with second by Councilmember Williams to approve the item as presented.  Motion approved unanimously, with six (6) members voting.



 

6.

Consider a Resolution to cancel the City Council Meeting scheduled for August 1, 2006 (due to National Night Out).

 

City Secretary Shipman presented excerpts from the staff Management Report.


Motion by Councilmember Mayer with second by Mayor Pro Tem Waddle to approve the item as presented and adopt Resolution #06-18. Motion approved unanimously.



 

7.

Mayoral Appointments of Councilmembers to serve as City Council Liaisons to DeSoto Boards and Commissions.

 

Mayor Hurtt announced the appointments of City Council Liaisons to the various Boards, Commissions, and other Organizations.


Motion by Mayor Hurtt with second by Mayor Pro Tem Waddle to approve the appointments. Motion approved unanimously, with six (6) members voting.



 

G.

REGULAR AGENDA - Old Business

 

No items scheduled for this Agenda.



 

H.

CITIZEN APPEARANCES

 

Ms. Davis made a correction on dates referenced in her previous comments.



 

I.

ANNOUNCEMENTS


 

J.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION


 

1.

Executive Session:  Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.


 

2.

Action resulting from Executive Session regarding Personnel Matter.

 

  Mayor Hurtt recessed the regular meeting at 10:49pm to enter into Executive Session after a short break.


 

The Executive Session convened at 11:09pm and concluded at 11:58pm with no action taken.



 

K.

ADJOURNMENT

 

Mayor Hurtt adjourned the meeting at 11:59pm.




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