MINUTES CITY COUNCIL MEETING FEBRUARY 13, 2007

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1 MINUTES CITY COUNCIL MEETING FEBRUARY 13, 2007 The City Council of the City of Cedar Hill, Texas met in regular session Tuesday, February 13, 2007, 7:00 p.m., City Hall, City of Cedar Hill, Texas. All members of the City Council were present, to wit: Mayor Rob Franke, Mayor Pro Tem Cory Spillman, Council Members Wade Emmert, Makia Epie, Daniel C. Haydin, Jr., Greg Patton and Clifford Shaw. I. Call the meeting to order. Mayor Franke called the meeting to order at 7:07 p.m., declaring it an open meeting, that a quorum was present and that the meeting notice was duly posted. II. Pledge of Allegiance. Council Member Haydin led the Pledge of Allegiance. III. Invocation Rev. Van Lazaroff First United Methodist Church. Rev. Van Lazaroff gave the invocation. IV. Presentation: 1. Present Certificate of Recognition to Taylor Gulley, fifth-grade student, Joe Wilson Intermediate School S.T.A.R. Student Award for the month of February. Mayor Franke presented the Certificate of Recognition to Taylor Gulley. Taylor introduced her family members in the audience and her teacher, Ms. Woods. V. Public Hearings: 1. Case No Conduct a public hearing and instruct Staff on the preparation of an ordinance regarding a request for a change in zoning of Tract C from Planned Development District Ordinance No to LR- Local Retail zoning district, being a acre section at the northwest corner of E. Pleasant Run Road and Old Clark Road, requested by Bobby Fletcher of Hillcrest Baptist Church. Mayor Franke opened the floor to the applicant. Bobby Fletcher presented the request and gave an update on the Hillcrest Baptist Church s senior complex. The Church was seeking the zoning change to allow for a professional building on a corner tract of land, as the final phase of the complex. Fletcher said the professional building had been designed and financed, and the Cedar Hill Economic Development Corporation helped with funding for the professional building.

2 City Council Minutes 2 Mayor Franke opened the floor to anyone speaking in favor of the zoning change. No one spoke in favor, and Mayor Franke opened the floor to anyone speaking in opposition to the zoning change. There being no one to speak, Mayor Franke closed the public hearing and opened the floor to the City Council. A motion was made by Council Member Haydin and seconded by Council Member Epie to approve Case No The motion carried unanimously. VI. Consent Agenda: Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. Item number two (2) was removed from the Consent Agenda for separate discussion and consideration. The following Consent Agenda items were introduced for the City Council s consideration: 1. Consider approving the minutes of January 23, 2007, and special meeting of November 17-19, Case No Consider approving, in accordance with the Planning & Zoning Commission s motion, the site plan of Lot 3R, Blk. C, Cedar Hill Village Phase IV, showing a 5,775-sq. ft. non-residential building on acres of land out of Abstract 1472, generally located northwest of North Clark Road and U.S. Highway 67, requested by Jim Riley of Brockette, Davis, Drake. 4. Case No Consider approving, in accordance with the Planning & Zoning Commission s motion, the revised Site Plan of Lot 1-R, Block 1, Hillcrest Addition, Section One, showing a 37,124-sq. ft. non-residential building addition on acres of land out of Abstract 1226, generally located on the northwest corner of East Pleasant Run Road and Old Clark Road, requested by Aaron Lindsey of GHLA Architects. 5. Case No Consider approving, in accordance with the Planning & Zoning Commission s motion, the final plat and civil plans of Cedar Hill Medical Center Addition, creating one non-residential lot on 3.15 acres of land out of Abstract 877, generally located on the southwest corner of East Beltline Road and Waterford Oaks Drive, requested by Johnny Walker of Jaster-Quintanilla Dallas, LLP. 6. Case No Consider approving, in accordance with the Planning and Zoning Commission s motion, the revised site plan of 432 South Clark Road, requested by Nancy Jackson. A motion was made by Council Member Emmert and seconded by Council Member Shaw to approve Consent Agenda items one (1) and three (3) through six (6). The motion carried unanimously.

3 City Council Minutes 3 VII. Citizens Forum. Raymond Ashley, 929 Sleepy Hollow Drive, owner of Ashley s Private School, 310 West Belt Line Road, addressed the City Council with concerns about the School s noncompliance with the fire codes. He had received a notice from the fire marshal stating that he had 45 days to bring the business into compliance with the fire codes. Ashley was concerned about the costs involved and the short period of time allowed to bring the facility into compliance. He thought his only option might be to close the school that had been in business for 28 years. Ashley asked for help from the City Council. Charles McDill, owner of Rolling Hills Day Care, 1028 East Wintergreen, also relayed concerns about bringing his business into compliance with the fire codes. His issues and concerns were similar to Ashley s concerns. McDill said he could not afford to make the necessary improvements, and he thought he would have to go out of business. Jim Klipp, 945 Cannady Circle, owner of a business on Hickerson Street, asked the City Council to consider additional street lighting and improvements to Hickerson Street. He did not believe Hickerson Street met the City s vision statement of a safe and clean environment. Matt McCormick, 716 Berry Lane, informed the City Council that the next day was his last day as executive director of the Cedar Hill Chamber of Commerce, since he had accepted a position with the Lewisville Chamber of Commerce. McCormick stated his appreciation and the joy of working with the City Council, City Manager Alan Sims and Assistant City Manager Greg Porter over the past seven years. Mayor Franke and the Council members, individually, expressed appreciation to McCormick and praised his service to the Chamber of Commerce and the City. They expressed regret at his leaving Cedar Hill, while offering best wishes for his future. VIII. Regular Agenda: From the Consent Agenda: 2. Consider approving Resolution No. R supporting the appraisal districts to accurately value real property and ensure that property is valued at fair market value. Mayor Franke explained that the Dallas Central Appraisal District asked the City Council to support a resolution seeking action from the state legislature to require the disclosure of property values on residential and commercial property. The purpose was to assist appraisal districts in appraising property at true market value. Council discussion followed. The Council had some concerns about the disclosure of private information. The Council also discussed a desire for more information and the need for additional time to study the issue. postpone this item until the next meeting. Following further discussion, the motion carried unanimously.

4 City Council Minutes 4 1. Consider authorizing the Mayor to enter into a lease agreement with Texas Ten, Ltd. for the use of Pioneer Park, otherwise known as 600 Cedar Street. A motion was made by Council Member Patton and seconded by Council Member Emmert to approve the lease agreement. The motion carried unanimously. Mayor Franke expressed appreciation for the City attorney s efforts in resolving the lease agreement issues. 2. Consider authorizing the Mayor to sign a contract with Quorum Architects to perform a Building Evaluation and Needs Assessment for the Tri-City Animal Shelter. approve the contract. The motion carried unanimously. 3. Consider authorizing the Mayor to execute an agreement to purchase a piece of property located at the corner of Joe Wilson and Weaver Street from the Young Men s Christian Association of Metropolitan Dallas. Mayor Franke advised that the City Council had previously discussed the property that was owned by the YMCA. A motion was made by Council Member Emmert and seconded by Council Member Patton to authorize the Mayor to execute the agreement. The motion carried unanimously. 4. Case No Consider approving, in accordance with the Planning & Zoning Commission s motion, the preliminary plat and layout plans of Blue Duck Park Addition, showing one non-residential lot on 3.95 acres of land out of Abstract 138, generally located southeast of Cedarview Drive and the railroad tracks, requested by Bobby Spears of Bennett Building Systems. Mayor Franke introduced Case No for the City Council s consideration. approve Case No contingent upon the Planning and Zoning Commission s recommendations. The motion carried unanimously. 5. Consider authorizing the Mayor to execute an Agreement between Cedar Hill and the Texas Department of Transportation (TXDOT) for signalization Improvements on FM A motion was made by Council Member Epie and seconded by Council Member Patton to authorize the Mayor to execute the agreement. The motion carried unanimously.

5 City Council Minutes 5 Mayor Franke called a five-minute recess to allow the students from the Cedar Hill Scholar s Program time to obtain signatures of the City Council members on their meeting attendance forms. 6. Closed Meeting called pursuant to Texas Gov t Code: a. Sec Deliberation Regarding Economic Development Negotiations: (1) Discussion or deliberation regarding commercial or financial information received from business prospect with which the City is conducting economic development negotiations; (2) To deliberate offer of a financial or other incentive to a business prospect with which the City is conducting economic development negotiations. (Project Cirrus and Project Hotel) b. Sec Deliberation Regarding Real Property to discuss: Easement Acquisition on Highway 67 Mayor Franke announced the closed meeting pursuant to the above sections of the Texas Government Code, and the Council went into closed session at 8:00 p.m. 7. Reconvene in open session and consider any action to be taken from the Closed Meeting. Mayor Franke reconvened the open meeting at 8:39 p.m. and announced that no action was to be taken from the closed session. IX. Adjourn. Upon a motion by Mayor Pro Tem Spillman and second by Council Member Haydin, the meeting adjourned by unanimous vote. ATTEST: Rob Franke, Mayor Frankie Lee, City Secretary