DeSoto City Council Meeting
Tuesday, August 15, 2006

The City Council of the City of DeSoto met in Regular Session on Tuesday, August 15, 2006, in the DeSoto Town Center, 211 E. Pleasant Run Road, DeSoto, Texas


 

A.

WORK SESSION

 

Mayor Hurtt called the meeting to order at 6:07 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.


 

2.

Discussion of Regular Agenda items.


 

3.

Discussion of the Alarm Monitoring Business Plan.

 

Lynda Humble, Assistant City Manager, introduced Cedar Hill City Manager Allan Sims. Ms. Humble provided a PowerPoint presentation on the Southwest Regional Communications Center Alarm Monitoring Program and a proposed business plan.  Concensus of Council is to move forward with the process. 



 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Hurtt called the Regular Session to order at 7:05 p.m.


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


 

1.

Invocation by: Kerry Moore, First Baptist Church


 

2.

Pledge of Allegiance led by Councilmember Carl Sherman


 

3.

Ambassador:  Brandon Freeman, Fire Department.  Brandon has been with DeSoto Fire Rescue since March of this year.  He was president of the 29th DeSoto Fire Academy and recently completed EMT School.  He patiently awaits and anticipates attending Paramedic School in January, 2007.  Becoming a Fireman has been a great vlessing for Brandon and his family, which consists of his wife, Lacey, and their three year-old daughter, Jacey. Brandon is a die hard Cowboy, Maverick, and Ranger fan and looks forward to being an asset to the City and coummunity for many years.  


 

C.

PRESENTATIONS


 

1.

Presentation of the July 2006 Financial Report and Third Quarter Investments Report.

 

Patrick Harvey, Assistant Finance Director, presented the reports.



 

2.

Presentation of the Government Finance Officers Association’s Distinguished Budget Presentation Award for FY beginning October, 2005.

 

Mayor Hurtt presented the award to Patrick Harvey, Assistant Finance Director.



 

3.

Presentation of City Councilmembers’ Open Meetings Training Certificates.

 

Laura Hallmark, Administrative Assistant to the City Secretary, provided background on the Open Meetings law .  Ms. Hallmark provided the required training to the Councilmembers on Saturday, August 12, 2006.  The Mayor and Council accepted Training Certificates indicating they met the requirements as required by the Texas Attorney General. 



 

D.

CONSENT AGENDA 


 

1.

Approval of City Council Minutes

a. Regular Meeting - 06-20-06, 07-18-06
b. Special Meeting - 07-11-06
 

 

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 - 06-26-06
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 - 06-01-06
j. Zoning Board of Adjustment - N/A


 

3.

Ordinances and Resolutions

a. Consider approval of an Ordinance to adopt Supplement 10 to the 2001 edition of the City of DeSoto Code of Ordinances.

 

4.

Contracts and Agreements  No items scheduled for this Agenda.


 

5.

Other Consent Items  No items scheduled for this Agenda.

 

City Secretary Shipman read the caption of Ordinance 1676-06 into the official record for Consent Agenda Item D.3.a.


Motion by Councilmember Clardy with second by Councilmember Helm to approve the Consent Agenda and the adopting Ordinance for Item D.3.a. Motion approved unanimously.



 

E.

PUBLIC HEARINGS


 

1.

Consider Zoning Case Z-1068-06; a Planned Development for Elerson Estates (PD-123); an area west of Elerson Road and approximately 800 feet south of Belt Line Road; on approximately 21.57 acres of land and consisting of 43 lots; Applicant: Charles Starnes; Owner: Gary Lewis; and adopting Ordinance.

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


 

Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff management report and provided the Zoning Map, aeriel photo, and Concept Plan for the case.


 

Applicant Charles Starnes addressed Council to provide addtional information on the Planned Development. 


Motion by Mayor Pro Tem Waddle with second by Councilmember Sherman to close the 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 to adopt Ordinance 1677-06. Motion approved unanimously.



 

2.

Consider Zoning Case Z-1067-06; a Planned Development for The Reserve (PD-122); an area north of Hanna Avenue and west of Hubert Drive; on approximately 24.8 acres of land and consisting of 69 lots; Applicant: Michael Redden; Owner: Louis Lebowitz; and adopting Ordinance.

 

Motion to open the Public Hearing not audible.


 

Edlyn Vatthauer presented excerpts from the staff management report and provided the Zoning Map, aeriel photo, and Concept Plan for the case.


 

Applicant representatives, Mike Bogel, 5921 Armstrong Parkway, Dallas, and Brian Cline, with Ion Design Group, 2800 N. Henderson Avenue, Dallas, addressed Council to provide additional information.


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


 

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


Motion by Councilmember Mayer with second by Councilmember Helm to approve the item as presented with the Planning and Zoning Commission stipulations and to adopt Ordinance 1678-06. Motion approved.


 

Motion approved with six (6) votes in favor and one (1) vote in opposition from Councilmember Sherman.



 

3.

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.

 


This item is brought forward from the previous Council meeting of July 18, 2006.  The Public Hearing was held on that date. 


 

Linda Zombeck, City Planner, presented excerpts from the staff management report and provided an aeriel photo and the proposed site plan.  Additional information was included in response to questions raised by Council at the July 18, 2006 Council meeting regarding the same case.


 

Developer Bud Hudgins, 722 N. Main Street, Fort Worth, Texas,  addressed Council and distributed handout documents that included a site plan and photographs.


 

Brad Nevel, 11588 Wildrose Lane, Anna, Texas, 75409, addressed Council stating that manufactured stone veneer has been around for over 40 years and his company has been producing it for 11 years and is one of the largest producers in the USA.  His company is owned by Pavestone Corporation that serves 42 States and the product has a 75 year warranty. Stone veneer is a luxury product for the builder because brick is a more cost effective option for the builder.


 

Discussion regarding the entrance and exit for Phase I and Phase II.


 

Discussion regarding the timing of construction for the two Phases.


 

Council discussion of 675 sq.ft. vs 702 sq.ft for the one bedroom apartments.  


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.


 

Council continued discussion of the square footage of some of the one bedroom apartments.  The difference being an increase of 27 square feet for only an additional $10.00 in monthly rent. 


 

Mr. Hudgins agreed to increase the square footage of all one-bedroom apartments to 702 sq.ft.


Motion by Councilmember Mayer with second by Mayor Pro Tem Waddle to approve as proposed with the stipulation that the eastern most north-south drive between Phase I and Phase II be constructed and gated and that the smallest unit in Phase II be 702 sq.ft., and to adopt Ordinance 1679-06.  Motion approved with six (6) votes in favor from Mayor Hurtt, Mayor Pro Tem Waddle, Councilmember Helm, Councilmember Mayer, Councilmember Clardy, and Councilmember Sherman, and with one (1) vote in opposition from and Councilmember Williams..



 

4.

Consider an amendment to Summit Parks Planned Development 109 (PD-109) regarding the proposed Landscaping and Site Plan; an area south of Spinner Road between Westmoreland Road and Hampton Road; on approximately 156.45 acres of land, consisting of 141.3 acres for residential and 15.15 acres for neighborhood services; Applicant: Mardy Brown; Owner: SDC Summit Parks; and adopting Ordinance.

 


Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff management report and provided slides of the proposed landscaping  and revised site plan.


 

Discussion by Council if there is a civil remedy or any consequences for developers that clear cut the property.  Question raised as how to quantify the number of trees lost to determine tree mitigation. Mayor Hurtt said the Heath Creek Home Owners Association met with the owner of the development to discuss options to resolve. 


 

Eddie Collins addressed Council and stated he is employed by Goodman Land Advisors, in partnership with SDC Summit Parks, LTD. which is the owner of this sight and the actual developing entity.  Offices are located at 5700 W. Plano Parkway, Suite 3000, Plano, Texas.  Mr. Collins provided a PowerPoint presentation and discussed options.


 

Gil George, 330 Spinner Road, President of the Heath Creek Homeowners Association, addressed Council to discuss  the current issues with the tree removal and the potential for subsequent problems to the property and creek. The developer shredded the trees and dust and debrie filled neighbor’s lungs, swimming pools and covered cars.  He is hopeful the developer will be true to his word as this will be an ongoing solution.  Mr. George feels it would be a mistake to determine the number and type of trees at this meeting.  Based on his experience, he offered to drive the area with the developer to offer suggestions for type and location of the replacement trees. 


 

Paul Buckley, 512 Spinner Road, DeSoto, addressed Council saying he has concerns about the followup of the developer.  Heath Creek bridge is in bad state of repair and wanted to know if the developer or the City would be doing the repairs. He said his wife had been to the Doctor with allergy problems two times since the development began. He said he had pictures of the trees before they were knocked down and of the bridge that needs repair.


 

Don Miller, 320 W. Spinner Road, a DeSoto resident for 42 years, addressed Council to express his concerns about the clear cutting issue.  The buffer zone that was expected, is gone.  He has pictures to identify trees that were there.  He asked who do you call at City Hall when you see something like this happening.  He recommended that DeSoto get a Tree Code.  He feels that a $2,000 fine is not enough and is just a slap on the wrist; it is cheaper to cut trees down and replant.  Clear cut can not be replaced, not in his life time.  Homeowner needs to know who to call when they see something that is going wrong. 


 

Stephen Rast, 518 Spinner Road, addressed Mr. Collins and said he would appreciate him taking back to Mr. Goodman that they disapppinted that he has not communicated with them in the time that has already been allotted.  He is concerned about the steep slope into the creek that will be bordering property that will have a park built near it.  He is concerned about drainage and the effect to flooding on the creek.  City has done a great job of managing the creeks recently to prevent flooding that had occurred previously. Thinks abstaining from a vote tonight would be advisable and have the developer meet with the concerned homewoners to finalize some of these decisions.  He would prefer a six foot fence, only the quality of fence was discussed.  Persuant to Penal Code 30.05, it would be nice to put up the purple marks to identify property lines. 


 

Jerry Chester, 605 Spinner Road, addressed Council to echo comments of others.  I live on other side of Spinner, by the Sheridan Park development.  A silt fence was  put across his two acres.  There was no one at the City to be sure it was put in correctly. He had to call the developer to be sure the problem on his property was remediated to his benefit. The developer brought heavy equipment, a tree chipper,onto his property and tore up his property.  The problems should not have happed to his property.  Who in the city protects him against this?  He goes out daily to watch when building is going on.  Needs to be some oversite in this City for what developers are doing.  This started with a property line issue just like on his property.  Both developers have huge financial impact at stake. Suggest that someone at the City get out of the office to inspect what is being done by the developer.  Owners have been hurt by this and it could all have been prevented.  This property needs to be walked to determine the trees. Mayor Hurtt said that much of this happened on a Saturday morning.  Mr. Echo said he is a practicing emergency physician.  In his line of work, "No great errors are ever made until somebody has made a number of small errors". In commission of this great error, a that a number of small errors were made ahead of time, that could have been caught.


 

Beth Price, 404 W. Spinner Road, addressed Council to say she and her husband were the beginners of starting this issue.  They heard the trees crack and fall for about three weeks and then they got closer to their house and realized they were getting closer to the creek. They started on a Friday afternoon and finished on Saturday.  They wadded across the creek where the bridge is out, and did not see any orange fences anywhere.  Only two big stakes almost on the corner of their property and there were not trees.  She called Mayor Hurtt and he advised her to call Edlyn Vatthauer.  He said he did not know anything about it, and would go right over there.  He called back and said they had oversteped where they were supposed to go. As a result, they are the only home that will see the pond and houses, and hear the noise.  Everyone else has trees, but they do not.  Her Doctor said her allergies are environmental.  The orange fence was put up after talking with Planning and Zoning and are there now,  but they were not there in the beginning. 


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


 

Discussion of flood plain, water in the creek, upstream developments.


 

Mayor Hurtt summary comments with legal opinion from City Attorney Smith. 


 

Eddie Collins said Mr. Goodman is out of town, or he would have been here. Mr. Goodman made a commitment to do what is right.


 

City Secretary Shipman read the caption of Ordinance into the Public Record.


Motion by Councilmember Mayer with second by Councilmember Sherman to table the item to a date certain of the City Council meeting of September 5, 2006. Motion approved unanimously.



 

F.

REGULAR AGENDA - New Business


 

1.

Consider approval of a Resolution accepting 2006 Appraisal Roll submitted by the Dallas Central Appraisal District.

 


Councilmember Clardy left the dais for a break at 11:09pm.


 

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


Motion by Councilmember Helm with second by Councilmember Williams to take a Record Vote to adopt the 2006 Appraisal Roll as presented and Resolution 06-25.  Motion approved unanimously, with six (6) members voting.


 

Councilmember Clardy returned to the dais.


 

Item approved with six (6) votes in favor.  Councilmember Mayer was not available at the dais to vote.



 

2.

Consider taking a Record Vote on the Proposed Candle Meadow Public Improvement District (CMPID) Assessment Rate and set the date for the Public Hearing on the Budget for FY 2006-2007 and Assessment Rate Adoption for 2006.

 

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


 

Councilmember Mayer returned to the dais.


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



 

3.

Consider taking a Record Vote on the Proposed Tax Rate and set the dates for the Public Hearing on the Budget for FY 2006-2007 and the Tax Rate Adoption for 2006.

 


Camelia Browder, Managing Director of Finance, presented excerpts from the staff management report. mo vh cw  unan


Motion by Councilmember Helm with second by Councilmember Williams to take a Record Vote on the Proposed Tax Rate and set the dates for the Public Hearing on the Budget for FY2006-2007 and the Tax Rate Adoption for 2006. Motion approved unanimously.



 

4.

Consider approval of a Resolution providing for Reimbursement of Expenditures from the proceeds of Future Debt Obligations for the Southwest Regional Call Center (SWRCC) Public Safety Radio System. 

 

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


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item as presented and Resolution 06-26. Motion approved unanimously.



 

5.

Consider award of bid for Official Newspaper Designation.

 

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


Motion by Councilmember Clardy with second by Mayor Pro Tem Waddle to award bid for Official Newspaper Designation to the Focus Daily News. Motion approved unanimously.



 

6.

Consider authorizing the City Manager to execute a Single-Nonprofit Trust and other such documents as may be necessary to pay Health Insurance Premiums.

 

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


Motion by Councilmember Sherman with second by Councilmember Williams to approve the item as presented. Motion approved unanimously.



 

7.

Consider approval of an Ordinance amending Chapter 12, Section 12.5050 of the Code of Ordinances, to designate School Traffic Zones.

 


Tom Johnson, Managing Director of Development Services, presented excerpts from the staff management report.  Mayor Hurtt thanked Sharon Price, Chief Operations Officer with DeSoto ISD, for staying so late for this item.  Sharon confirmed the school district will pay for the flashers.


 

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


Motion by Councilmember Mayer with second by Councilmember Clardy to approve the item as presented and adopting Ordinance 1680-06. Motion approved unanimously.



 

8.

Consider approval of an Ordinance amending Chapter 1, Section 1.908 of the Code of Ordinances to add requirements for the Use of City Facilities; by eliminating the 75/25% resident to non-resident requirement, creating a Participant Fee for non-resident participants, and instituting policies for Team and League Capacity, and Practice Facility Use for teams in the Youth Athletic Associations.

 


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


 

Mayor Hurtt read a statement from Ishmael A. Muhammed, a DYFA Executive Board member.


 

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


Motion by Councilmember Sherman with second by Mayor Pro Tem Waddle to approve the item as presented and adopting Ordinance 1681-06.  Motion approved unanimously.



 

G.

REGULAR AGENDA - Old Business

 

No items scheduled for this Agenda.



 

H.

CITIZEN APPEARANCES

 

No additional request to speak cards were submitted.



 

I.

ANNOUNCEMENTS

 

No announcements were made.



 

J.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

 

No Executive Session scheduled or held.



 

K.

ADJOURNMENT

 

Mayor Hurtt adjourned the meeting at 11:42 p.m.




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