DeSoto City Council Meeting
Tuesday, November 21, 2006

The City Council of the City of DeSoto met in Regular Session on Tuesday, November 21, 2006, in the DeSoto Town Center, 211 E. Pleasant Run Road, DeSoto, Texas


 

A.

WORK SESSION

 

Mayor Hurtt called the meeting to order at 6:02 p.m. 


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

 

Attorney Samantha Gowans with Nichols, Jackson, Dillard, Hagar & Smith, was in attendance as legal counsel for City Council.



 

1.

Review of Master Agenda by City Manager.


 

2.

Discussion of Regular Agenda items.

 

Councilmember Williams stated he had a conflict of interest with Regular Agenda Item F.1.  A Conflict of Interest Affidavit will be submitted to the City Secretary.



 

3.

Discussion of City policy for paying claims resulting from sewer blockages.

 

Lora Stallings, Administrative Assistant to the City Manager, made the presentation. 


 

General concensus of City Council is to set a cap of $1,000 for damages due to a sewer backup in the main line. 



 

4.

Discussion of the timing and format changes for the Town Hall Meetings.

 

City Manager Baugh and Community Initiatives Manager Tracie Hlavinka provided background on previous formats for Town Hall meetings.  General concensus of Council is to conduct two (2) Town Hall meetings per year with departmental participation and displays in the atrium with City staff and City Council in attendance.  Meetings will begin at 6:30 p.m. 


 

Councilmember Mayer arrived at the meeting at 6:30 p.m.



 

5.

Discussion of draft job description for the position of City Secretary.

 

Due to time constraints, the Council will reconvene into Work Session after completion of the Regular Meeting to discuss Item 5.


 

Mayor Hurtt recessed the Work Session at 7:03 p.m.



 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Hurtt called the Regular Session to order at 7:07 p.m.


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

 

Attorney Samantha Gowans with Nichols, Jackson, Dillard, Hagar & Smith, was in attendance as legal counsel for City Council.



 

1.

Invocation by: Curt Krohn, Faith Bible Church


 

2.

Pledge of Allegiance led by Councilmember Carl Sherman


 

3.

Ambassador: Tina Turner, Human Resources -  Tina joined the City of DeSoto team in October  2005 and in July  2006 was promoted to a Human Resource Generalist.  Tina was born and raised in Chicago and graduated from Southern Illinois University with a Bachelors Degree in Career Development and a minor in Data Processing. She served ten years as a Quality Improvement/Training Coordinator at a social service agency and fifteen years as an adjunct instructor.  In her spare time, she enjoys reading and mentoring children.  Little known fact: She loves to travel and is quite adventurous and likes to try something new every year such as skiing, mountain climbing, etc.

 

Mayor Hurtt asked Former Councilmember Jim Strom to come to the podium so the Council could extend appreciation and a special thank you to him for participating in the annual Council event that thanks City employees for their great service to the community.  The Council prepares and serves the meal of barbeque brisket and sausage with potato salad, beans, and pie for approximately 300 employees.  The barbeque requires cooking for 24 hours and while Councilmember Strom is no longer on the Council, he still wanted to participate and took a night shift with the barbeque.



 

C.

PRESENTATIONS


 

1.

Presentation of October 2006 Financial Report and Third Quarter Investment Report.

 

Patrick Harvey, Assistant, presented the report to Council.



 

D.

CONSENT AGENDA


 

1.

Approval of City Council Minutes

a. Regular Meeting - 10-17-06, 11-07-06
b. Special Meeting - 10-30-06; 11-13-06; 11-14-06

 

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 - 10-02-06
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

a. Consider a Resolution to adopt the Investment Policy and the List of Broker/Dealers.

 

4.

Contracts and Agreements
     No items scheduled for this Agenda.


 

5.

Other Consent Items 
     No items scheduled for this Agenda.

Motion by Councilmember Clardy with second by Councilmember Williams to to approve the Consent Agenda as presented and Resolution 06-32 for Consent Agenda Item D.3.a. Motion approved unanimously.



 

E.

PUBLIC HEARINGS


 

1.

Consider Case Z-1081-06; an amendment to Elerson Ranch Planned Development (PD-86) regarding a Proposed Revision in Fencing and Landscaping Requirements; located north of Parkerville Road and west of Westmoreland Road; consisting of approximately 32.6 acres and containing 100 lots; Applicant: Spyglass Hill Investments; Owner: Steve Crowley; and adopting Ordinance.

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


 

Tom Johnson, Managing
Director of Development Services presented excerpts from the staff management report and a visual presentation.


 

Steve Crowley,  Developer, addressed Council regarding a straight line masonry wall in the rear 5’ of the property in lieu of a tubular steel fence.  The living screen of Nellie R. Stevens Holly would still be planted.  This change will create approximately $70,000 in additional expense for him.  The HOA will be responsible for the maintenance.  Mayor Hurtt said this type of fencing will prevent the students from crossing through the yards.


 

City Secretary Shipman read the caption of Ordinance 1695-06 into the official record.


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


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



 

F.

REGULAR AGENDA - New Business


 

1.

Consider a recommendation from the DeSoto Arts Commission for the funding of Arts Grants for the FY 2006-07.

 

Councilmember Williams submitted a Conflict of Interest Affidavit to City Secretary Shipman and left the dais at 7:53 p.m.


 

Kathy Maples Jones, Public Information Officer, and staff liaison for the DeSoto Arts Commission, presented excerpts from the staff management report. 


Motion by Councilmember Clardy with second by Councilmember Sherman to approve the item as presented and award grants to ten applicants. Motion approved unanimously.


 

Councilmember Williams returned to the dais.



 

2.

Consider a Resolution accepting Membership in the Texas Clean Air Cities Coalition, appointing the City Manager or his representative to serve on behalf of the City at Coalition meetings and authorizing the Payment of Membership Assessment.

 

City Manager Baugh presented excerpts from the staff management report. 


 

City Manager Baugh confirmed the City can drop out at anytime but there would not be a refund of the $10,000 membership fee.


 

City Manager Baugh said hearings begin November 30, 2006 and provided additional comments.  Mayor Hurtt and Councilmember Mayer expressed their opinions.


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



 

3.

Consider confirmation of appointments by the City Council to the Citizens Charter Review Commission.

 

Councilmember Clardy appointed Berthena Williams and Joycelyn Ceasar.  Councilmember Mayer appointed Ray Dent and Susie Wade.


Motion by Mayor Pro Tem Waddle with second by Councilmember Williams to approve the additional appointments to complete the twenty-one (21) member Citizens Charter Review Commission. Motion approved unanimously.



 

4.

Consider Communications Facilities License Agreement between the City of DeSoto and T-Mobile Texas for the use of  Water Tower Premises for the Installation and Operation of Communications Equipment and Antenna Systems.

 

Lora Stallings, Administrative Assistant to the City Manager, presented rexcerpts from the staff report.  City Manager Baugh made additional comments.


 

Managing Director Tom Johnson said the equipment will be inside the building.


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



 

G.

REGULAR AGENDA - Old Business

 

No items scheduled for this Agenda.



 

H.

CITIZEN APPEARANCES

 

James Freedman, 6010 S. Westmoreland Road, #738, Dallas, Texas, with politicalmajority.com, representing citizens of the United States, addressed Council regarding a modification to the current procedure when DeSoto Police Officers pull over a citizen not carrying identification. He stated it is an opportunity for identity theft when that person gives another person’s full name and birthdate.  He urged citizens to check with the Texas Department of Public safety on a weekly basis to be sure their identity has not been stolen.  If a person is unaware of warrants from citations being issued to them, under a false name, the person can not avoid arrest.  He offered solutions for consideration: (1) When no identification can be produced, an arrest can not be made until they can prove who they are, (2) detain the person until someone can bring them their identification, (3) a photo that would pull up on the Police Officer’s computer, (4) a fingerprint scanner when the ticket is signed, or (5) the easiest solution, a hard copy of fingerprints when tickets are signed.  He said some solutions may not seem fair or just but neither is spending the night in jail when you are innocent.  The DeSoto City Council is responsible and needs to address this issue in a swift manner.  The issue has been raised and should be referred to City staff for research and future action.



 

I.

ANNOUNCEMENTS

 

Mayor Hurtt acknowledged that local State Senator Royce West was Governor Pro-Temporary in Austin on November 18th.
 
Parks and Leisure Service invited local seniors and anyone who is alone at Thanksgiving to share a free Community Thanksgiving Dinner on November 23rd in the Bluebonnet Rooms and to call and make reservations so they have enough food. 

Due to Thanksgiving Holiday, trash is backed up to Friday and Saturday. 

First Annual School Holiday Dance is December 1st and you should call to make reservations with Carolyn Campbell. 

Second year of Councilmember Thelma Clardy's Light Up DeSoto Christmas Decorations contest.  Councilmembers will view decorations in their District from December 11th through the 17th and winners will be announced at the December 19th City Council meeting. 

Councilmember Clardy wished everyone a Happy Thanksgiving.

Mayor Hurtt announced that Council would recess at 8:48 p.m. for five minutes and return to the Work Session for item A.5. 



 

J.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

 

No Executive Session scheduled for this Agenda.


 

A. WORK SESSION 


 

     Mayor Hurtt reconvened the meeting into Work Session at 8:54 p.m.


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

 

City Manager Baugh and City Attorney Gowans were present during the Work Session with City Councilmembers and City Secretary Shipman. 


 

     5. Discussion of draft job description for the position of City Secretary.


 

Council discussion of  the City Secretary Job Description and summarizing the detailed task list agreed upon during the previous meeting.  Councilmember Williams will provide a sample of a Corporate approach to develop criteria for performance measures and bring back for discussion during the Work Session of the December 5, 2006 Council Meeting. 



 

K.

ADJOURNMENT

 

Mayor Hurtt adjourned the Work Session at 10:18 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