MINUTES CITY COUNCIL MEETING JUNE 26, 2007

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1 MINUTES CITY COUNCIL MEETING JUNE 26, 2007 The City Council of the City of Cedar Hill, Texas met in regular session Tuesday, June 26, 2007, 7:00 p.m., City Hall, City of Cedar Hill, Texas. Present: Mayor Pro Tem Cory Spillman, Council Members Wade Emmert, Makia Epie, Daniel C. Haydin, Jr., Greg Patton and Clifford Shaw. Absent: Mayor Rob Franke. I. Call the meeting to order. Mayor Pro Tem Spillman called the meeting to order, declaring it an open meeting, that a quorum was present and that the meeting notice was duly posted. He announced that Mayor Franke was out of town. II. Pledge of Allegiance. Council Member Haydin led the Pledge of Allegiance. III. Invocation Rev. Mike House, Pastor First United Methodist Church. Mayor Pro Tem Spillman welcomed the new pastor of the First United Methodist Church. Rev. House gave the invocation. IV. Election Matters: 1. Canvass the votes of the Run-off Election held on June 16, 2007, and declare results of the election. Mayor Pro Tem Spillman and the City Council canvassed the votes of the Run-off Election for City Council Place 5 held on June 16, The following votes were recorded: TOTAL VOTES Makia Epie 568 Jason Russell 409. A motion was made by Council Member Emmert and seconded by Council Member Haydin that, having canvassed the votes of the Run-off Election held on June 16, 2007, the City Council finds and declares that Makia Epie, having received a majority of the votes, was duly elected to City Council Place 5. The motion carried unanimously. 2. Installation of City Council Member-elect Place 5: (a) Issue Certificate of Election. (b) Administer Oath of Office. (c) Remarks by elected officials.

2 City Council Minutes 2 June 26, 2007 Mayor Pro Tem Spillman issued the Certificate of Election to Council-member elect Makia Epie. City Secretary Frankie Lee administered the Oath of Office to Council Member Epie. Council Member Epie introduced his family members and a group of his supporters who stood with him during the installation ceremony. V. Presentation: 1. Recognize a promotion in the Fire Department and conduct a swearing-in ceremony for new firefighters. Mayor Pro Tem Spillman made introductory remarks and introduced Chief Steve Pollock, the Texas Fire Chief of the Year. All of the City s firefighters were present at the meeting. Chief Pollock recognized the members of the Cedar Hill Fire Department as the best firefighters he had ever worked with and as his second family. Chief Pollock announced the promotion of Chad Thomison from firefighter to paramedic/engineer. Chief Pollock introduced new firefighters, Robert Burlison, Jason O Neill, Chad Richardson and Adam Whitney. City Secretary Frankie Lee administered the Oath of Office to the new firefighters. Chief Pollock invited their family members to participate in the installation ceremony by pinning the badges on the new firefighters. VI. Public Hearing: 1. Case Number Conduct a public hearing and consider a request for a Conditional Use Permit to construct three townhouses within the Old Town- Residential zoning district, located at 308 South Main Street, Cedar Hill, Texas; requested by Norman Patten of Norman Patten and Associates. Mayor Pro Tem Spillman opened the floor to the applicant. Norman Patten, 701 Belt Line Road, presented the request for a Conditional Use Permit for townhouses at 308 South Main Street. He said the townhouses would be primarily masonry construction with Hardiboard siding. Patton sought variances to the drainage and sidewalk requirements. Mayor Pro Tem Spillman opened the floor to anyone speaking in favor of the Conditional Use Permit. No one spoke in favor, and Mayor Pro Tem Spillman opened the floor to anyone speaking in opposition.

3 City Council Minutes 3 June 26, 2007 Kenna Prior, 302 and 304 South Main, said she was concerned about the visual appearance of the townhouses not matching the neighborhood, but she supported the applicant s request for the drainage variance. There being no one else to speak, Mayor Pro Tem Spillman closed the public hearing and opened the floor to the City Council. City Manager Alan Sims noted that the staff did not have a serious concern over the drainage issue. The Council and staff discussed an option for the applicant to escrow funds for the sidewalk rather than building the sidewalk. Council Member Epie relayed a comment from Ms. Richards, who originally had concerns about the project. She informed him she was no longer opposed, since the townhouses would be owner occupied rather than rented. A motion was made by Council Member Emmert and seconded by Council Member Haydin to approve Case No , subject to the Planning and Zoning Commission s recommendation, except the applicant would be required to put money into escrow for a future sidewalk. Mayor Pro Tem Spillman announced that Council Member Patton would abstain due to a possible conflict of interest. The motion carried by the following vote: Mayor Pro Tem Spillman and Council Members Emmert, Epie, Haydin and Shaw voted yea. Council Member Patton abstained. VII. Consent Agenda: Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The following Consent Agenda items were introduced for the City Council s consideration: 1. Consider approving the minutes of June 12, 2007, and the special meeting of April 14, Consider authorizing the Mayor to execute an Interlocal Cooperative Purchasing Agreement with the City of Rowlett. 3. Case Number Consider approving, in accordance with the Planning and Zoning Commission s motion, the final plat and civil plans of Barrix Addition, creating 4 residential lots on 2.9 acres of land out of Abstract 304, generally located in the 500 block of S. Clark Road, south of Weaver; requested by Jim McDill of Davis and McDill, Inc.

4 City Council Minutes 4 June 26, Consider granting the Mayor authority to execute an Encroachment Agreement between the City of Cedar Hill and the Terraces Homeowners Association, Inc. for constructing and maintaining an entry feature within public right-of-way at the intersection of Cedar Hill Road and Terrace Lane. A motion was made by Council Member Emmert and seconded by Council Member Haydin to approve Consent Agenda items one (1) through four (4), with the contract in item four (4) being amended to require the Homeowners Association to maintain a general liability insurance policy to indemnify the City in an amount not less than $1,000,000. The motion carried unanimously. Mayor Pro Tem Spillman recognized James Charles, former school board trustee, who was in the audience. VIII. Citizens Forum. No one spoke during Citizens Forum. Mayor Pro Tem Spillman noted that M. G. Johnson had submitted a form to speak during Citizens Forum, but he was no longer present. IX. Regular Agenda: 1. Case Number Consider the preliminary plat and plans of Lake Ridge, Section 23, Phase B, showing 38 residential lots out of acres of land in Abstracts 93 & 529, generally located at the intersection of Mason & Gannon Lanes; requested by Craig Malan Engineering Concepts and Design, Inc., on behalf of Bluegreen Southwest One, L.P. Mayor Pro Tem Spillman opened the floor to the applicant. Craig Malan of Engineering Concepts presented the preliminary plat for one-acre lots similar to previous sections of Lake Ridge. He said there had been discussions about drainage issues and past concerns over maintenance of the drainage ways. Malan pledged to work with the City and a third-party engineer on the drainage issues and to continue putting wording on the plats requiring the property owners association to be responsible for maintenance of the drainage ditches. Mayor Pro Tem Spillman discussed his concern about the sustainability of the drainage system that had been used throughout Lake Ridge. He said the City was receiving complaints from the citizens about drainage issues and improper maintenance, and he did not want to perpetuate the situation with this case or the next case. He said he would not be in favor of approving the final plat until staff was comfortable with the drainage issues. Malan replied they had the same concerns, but he emphasized the problems areas were in isolated locations. Mayor Pro Tem Spillman expressed a concern that this section matches some of the problem areas.

5 City Council Minutes 5 June 26, 2007 Several Council members echoed Mayor Pro Tem Spillman s concerns about the drainage issues and indicated they would not support the final plat until the drainage issues were resolved. There were also concerns about the length of the cul-de-sac. It was pointed out that the fire department was not concerned about the length based on the number of lots involved. Council Member Epie echoed the same concerns about drainage, plus he did not support the culde-sac length. A motion was made by Council Member Haydin and seconded by Council Member Shaw to approve the case, subject to the Planning and Zoning Commission s recommendations and the drainage issues being resolved to staff s satisfaction, and not to accept the final plat until the drainage is resolved. The motion carried by the following vote: Mayor Pro Tem Spillman and Council Members Emmert, Haydin, Patton and Shaw voted yea. Council Member Epie voted nay. 2. Case Number Consider the preliminary plat and plans of Lake Ridge, Section 22, Phase B, showing 42 residential lots out of acres of land in Abstract 93, generally located south of Creekside Drive, east of Marcus Lane; requested by Craig Malan of Turner Engineering Concepts and Design, Inc. on behalf of Bluegreen Southwest One, L.P. Mayor Pro Tem Spillman opened the floor to the applicant. Craig Malan presented the case stating that the same issues apply to this plat, except this section would have private streets with curb and gutter. Malan and the City staff answered questions about the plat. Staff advised that there was still a concern about drainage, but to a lesser extent than the previous case. Council Member Epie noted that he was not opposed to the curb and gutter streets, but he was opposed to the length of the cul-de-sacs. A motion was made by Council Member Haydin and seconded by Council Member Patton to approve Case No with the same stipulations regarding the drainage issues being worked out to satisfy staff. The motion carried by the following vote: Mayor Pro Tem Spillman and Council Members Emmert, Haydin, Patton and Shaw voted yea. Council Member Epie voted nay. 3. Consider adopting Ordinance No altering the speed limit on Parkerville Road between South Clark Road and Tidwell Street. Mayor Pro Tem Spillman announced that the City Council received a briefing on the proposed ordinance. A motion was made by Council Member Haydin and seconded by Council Member Epie to adopt Ordinance No

6 City Council Minutes 6 June 26, 2007 The motion carried unanimously following the reading of written Ordinance No entitled, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TEXAS TRANSPORTATION CODE SECTION PRIMA FACIE SPEED LIMITS, AND SECTION AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS, UPON PARKERVILLE ROAD BETWEEN SOUTH CLARK ROAD AND TIDWELL STREET OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF CEDAR HILL, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A CONFLICT CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $ FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR IMMEDIATE EFFECT. 4. Consider adopting Ordinance No altering the speed limit on Beltline Road between Merrifield Street and Carrell Street and between Carrell Street and the Central Fire Station. Mayor Pro Tem Spillman introduced this item. A motion was made by Council Member Epie and seconded by Council Member Emmert to adopt Ordinance No The motion carried unanimously following the reading of written Ordinance No entitled, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TEXAS TRANSPORTATION CODE SECTION PRIMA FACIE SPEED LIMITS, AND SECTION AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS, UPON BELTLINE ROAD BETWEEN MERRIFIELD STREET AND CARRELL STREET AND BETWEEN CARRELL STREET AND THE CENTRAL FIRE STATION OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF CEDAR HILL, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A CONFLICT CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $ FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR IMMEDIATE EFFECT. Mayor Pro Tem Spillman gave Council Member Epie an opportunity to read some comments into the record that he had planned to make during his installation ceremony.

7 City Council Minutes 7 June 26, 2007 Council Member Epie read the following list of concerns that were relayed to him by citizens: 1. Degrading neighborhoods 2. Trash not being picked up 3. Traffic congestion 4. Trucks parking for extended time on City streets 5. Preservation of downtown 6. Minorities not being recognized by the Council for their contributions to the community 7. Neighborhoods along Joe Wilson dying and becoming ghettos because of renters 8. Rental properties degrading property values 9. The recreation center being used as a nursery 10. Lack of corporation with the school board 11. Lack of lights on the median between Duncanville Road and Cannady Drive on Belt Line Road 12. Nothing being done about children walking Pit Bulls or Pit Bulls walking children 13. Getting the City Council meetings televised. He thanked the Council members for being his partner and stated a desire to get to work on these issues. X. Adjourn Upon a motion by Council Member Emmert and second by Council Member Patton, the meeting adjourned at 7:55 p.m. by unanimous vote. ATTEST: Cory Spillman, Mayor Pro Tem Frankie Lee, City Secretary