City Manager Dan O’Leary Resigns | Recap of City Council Meeting – December 4, 2012

Filed under: City |

Council Chambers, City Hall
203 E. Wheatland Road

Mayor Deborah Hodge
Mayor Pro Tem and District 5 Johnette
Councilmember At-Large Janet Harris
Councilmember District 1 Don Freeman
Councilmember District 2 Dr. Stephen Jones
Councilmember District 3 Leslie Thomas
Councilmember District 4 Mark Cooks

Called to order at 7:06 PM by Mayor Deborah Hodge



Pledge of Allegiance
Mayor’s Report

Mayor Hodge advised that there are several openings due to resignations for various reasons and the city is seeking applicants.

Recognition of Visitors / Proclamations / Presentations
Citizens Public Comment Period
[Each speaker will be allowed two (2) minutes to address the council.]

Carla Bryan – Recognized the retirement of Elaine Patrick from the Library.

Nathan Birth – speaking concerning the police stopping Parkour being practiced in the park this evening.

Ronald Cade – he was told that police told the youth that they would be arrested for doing Parkour in the park against city ordinance.

Barbara Detmore – expressed concern of a mass exodus of employees and she volunteers for the city and is concerned because she has pride for Duncanville and sees it deteriorating. Wants to the city hold on to employees.

Raul Garcia – he was practicing Parkour and was told by a police officer that he was in violation of the law and was threatened to be arrested for trespassing if he comes back and feels that he is being targeted and is not trying to stir up trouble and he is offended.

Cindy Jones – referenced an article in Southwest Now about Marshall, Texas and about their economic difficulties and how they revitalized their town through hard work. She referenced the things going on in Duncanville and what the town has going for it and that the leadership will have an epiphany and will stop wasting tax dollars on lawsuits and personal agendas and will move forward.

Gale Sliger – questioned why the council does not feel why the Chamber is not supported by the Hotel/Motel tax and consider money for a small and slightly visited museum and that the money for the museum not receive funding.

1C. Approval of minutes.

2C. Approval of a one-year renewal option with Striping Plus, Inc. in the amount of $68,077 for traffic marking services.

3C. Approval of a two-year bid with Knight Erosion Control, Inc. in the amount of $163,200 for erosion control services.

4C. Award of bid to Estrada Concrete Co., L.L.C. in the amount of $140,428 for alley reconstruction improvements in Fairmeadows #11 and Forest Hills #17 Subdivisions.

5C. Approval of an expenditure in the amount of $36,379.35 with Traffic Parts, Inc. for purchase of traffic signal equipment and supplies.

6C. Approval of an expenditure in the amount of $29,075.75 with InSite Amenities for purchase and installation of shelters at Chris Paris Park.

7C. Reject all bids received November 8, 2012 for senior meals.

8C. Approval of agreement with Dallas Area Agency on Aging (DAAA) and acceptance of grant for congregate meals and transportation program and approval of the annual purchase of senior meal services with the Paper Plate, Inc. in the amount of $81,175 through a City of Lancaster.

9C. Approval of Master Interlocal/Cooperative Purchasing Agreement between Dallas County and Governmental Agency for Agency’s use of Dallas County Contracts.

10C. Approval of the incentive contract between the Duncanville Community and Economic Development Corporation (DCEDC) and W & B Service Company for a rebate of a portion of City sales and ad valorem taxes over a five-year period in an amount not to exceed $200,000.

11C. Approval of a DCEDC expenditure in the amount of $2,387 for a sign grant for property located at 259 S. Cedar Ridge Drive.

Freeman moves and it is seconded and passes 7-0.


Item 19, 20, 21, 22 are moved to the top of the agenda.

19. Discuss and consider action regarding the request of the International Museum of Cultures for hotel occupancy tax funds in the amount of $10,000 for advertising, introduction of new exhibits, cultural programming, and recruitment of conferences/retreats.

Hodge recused herself due to her position on the museum board and Jameson sits in. Thomas moves and Jones seconds. Harris advises that she would like to see it reduced and more discussion. Freeman states that he also thinks it is too much and would amend the motion to $2,000 with Harris seconding.

Cooks states he will voting against the item completely because he cannot see the benefit to Duncanville. Freeman stated that during the museum’s presentation they stated that the museum did have patrons stay in local hotels and that he has been told by the museum and city staff that it will be moved to Duncanville and feels it does need support. Thomas called up Mary Fay Kamm from the museum to answer questions. Kamm states that they are purposing to move the museum to Duncanville and have a contract pending at 411 E. Hwy 67 and that they are buying that business. She stated that they have 3 speakers staying at hotels currently for a seminar and the museum has 25,000 to 30,000 students tour the museum each year and visitors are dining and shopping in Duncanville. She also stated that the museum holds a fundraiser at the Hilton Garden Inn. Kamm also stated that the DeFord Museum would be opening along I-20 and that their museum would be on the south side of town and visitors will be coming through town to go to both. Harris questions when the museum will be moving to the city. Kamm stated that they are waiting for a zoning change to be acted on by the city and will be purchasing the property shortly after. Cooks questions what the funds were used for and Kamm stated it would be used for publicity and to pay for costs of the move.

Thomas stated that her first time to vote on 4B money she voted against the theatre because she ignorantly believed that the funds had to be people in the motel, but was educated that it was also for promoting the arts and support of this would be vote for the arts.

Harris states that she is excited about the museum’s move to Duncanville, but does feel $10,000 is too much and that $2,000 may not be enough.

Cooks stated that he was very familiar with the arts and that he believes $10,000 is too much, but would support $3,000.

Freemans motion fails by a vote of 5-1 with only Freeman voted for the motion.

Motion made to amend by Harris and seconded by Cooks for an amount of $3,500. Thomas states that $10,000 is a justifiable number because they are moving to Duncanville. Freeman states that they can come back and ask for more money and will support $3,500.

Harris’s motion was a split vote of 3-3 with Harris, Freeman and Cooks voting for.

The original motion for $10,000 was voted on and failed with a 3-3 tie with Thomas, Jameson, and Jones voting for.

20. Discuss and consider participation in the upcoming Dallas County photo journal entitled “Dallas County: A 21st Century Mosaic”.

Assistant City Manager Jeanne Fralicks-Heard stated that they were approached by a firm that was making a coffee table book and it would cost $3,500 for a page on Duncanville. The book would be sold to the general public and will be promoting the book throughout the county.

Harris moves to not participate and Jameson seconds. Motion passes by a 7-0 vote to not participate.

21. Discuss and consider approval of Independent Contractor Agreement between Jus’Balls Managing Group and the City of Duncanville for Fieldhouse management.

City Manager Dan O’Leary stated that they had to dismiss management over missing funds and other items and that he had to move quickly and hired the Ricky and Laticia Brice to manage the field house in the interim and that they are needed to run the field house until a permanent solution is reached. Laticia Brice is over marketing and events and is working to reestablish relationships with former patrons. The company was established in 2010 to establish infrastructure for youth sports and will be marketing the location. Brice projected an income of $645,000 for 2012-2013. Within 45 days Adidas, Nike, and Reebok have come to the city. Adidas is in talks to bring one of their tournaments to the Duncanville fieldhouse. Nike has also asked to do an event in May. They are also in talks to host a Disney/ESPN event at the city that would encompass several venues within the city.

Cooks thanked them for their work so far and confirmed that the contracts are with the city and not their company.

Thomas asks what happens day-to-day. Laticia stated that over the first couple of weeks she observed the staff and their operations and to go over the books. In addition she has addressed staffing, their productivity and the needs.

O’Leary stated he also asked them to take care of the maintenance needs and to generally clean-up the facility and to find out who is using the facility and who needs to be paying.

Thomas asked about damaged relationship and the current management made contact with former patrons that there is new management and that they would like to reach out to them and reestablish those relationships. Current management has brought in new clients and brought in business for day use by private schools, home schools, and local universities.

Cooks asks about written procedures that have put in place. Management stated that they are currently writing those protocols. They have also established a higher expectation of customer service and focused on the accounting perspective. Cooks asks if the audit has been provided to the management company and O’Leary stated that it has not at this time. Cooks asks that it becomes a priority that the field house becomes a priority due to an outside company being involved.

Harris stated how much she appreciates the job that has been done.

Jameson stated that she introduced the Brice’s to the city manager and the city manager made his decision and moved forward and that the Brice’s were familiar with the leagues before they were hired. Laticia stated that her children are involved in basketball and that she has helped organize tournaments at the field house and is passionate about the success of the fieldhouse.

Ricky Brice states that he is talking with the Nike representative and when he heard that they were in charge of the fieldhouse that they wanted to talk about moving all three tournaments in the area to the Duncanville Fieldhouse. Others have discussed 3-5 year commitments on bringing more tournaments to the facility.

Thomas reiterated that the contracts are because of the relationship with the management company.

Cooks thanked them for taking ownership, even during the interim, but wants them to also tell the Duncanville story and sell Duncanville to those interested.

Hodge stated that she has no concerns at all over the company and them being considered.

Freeman makes a motion to accept the contract with amendment that a bond (amount to be established by the city manager) be established and that the management company provide monthly reports to the council with Jones seconding. Motion passes 7-0.

22. Discuss and consider changes to the Planning & Zoning procedures to require the proposed zoning change notification sent to all properties within 200 feet of requested property to contain a return date at least one week prior to the Planning and Zoning public hearing date and to require staff only to answer technical questions not to speak on behalf of applicants.

Jameson asked this to be placed on the agenda and the issue is that notification is sent to persons within 200 feet of the property, per state law. If 20% of those protest, a super majority would be needed (6 out of 7) to make the change over the protests. The deadline to protest to the council is after the Planning and Zoning Commission meets and the Commission is concerned that they aren’t hearing all the protests. Now two letters will be sent to clear up any confusion. Also Jameson is concerned that it appears that staff is taking sides and speaking on behalf of the applicant during meetings. Jameson stated that it sometimes appeared that two differing sides would be speaking and staff would be trying to explain and it would appear they took sides.

Freeman, Jones, Thomas (with some clarification), Hodge, Harris, Cooks, and Jameson agree and no motion is necessary.

The council now moved back to item 12.

12. Consider directing staff on the request of Wilsonia Pritchard, representing Destiny Ventures, LLC (Just Dance), tenant, to renew and amend the existing “SUP” Specific Use Permit zoning that allows a party/event facility (indoor only) on Block B, Lot 11, of Duncanville Estates 1, more commonly known as 111 South Cedar Ridge Road, Suite 110.

Mike Brownlee stated that the 6-month renewal is up and they are asking for a renewal with the changes that a police officer is not required if no alcohol is on premises, that clients be allowed to bring their own alcohol, and the Planning and Zoning Commission agreed to a 12 month renewal term.

Freeman asks for clarification that if no alcohol, no officer, and with alcohol a uniformed officer would be required.

Cooks questioned why one year, and not six months. Brownlee stated that the process starts 3 months from the renewal date and would keep it from being a constant process. The applicant asked for 24-months and the Planning and Zoning suggested 12 months. Brownlee confirmed that no calls for service or criminal activity was reported and that was confirmed by Chief Brown.

Jameson stated that she believes that special use permit be the exception, rather than the rule. She expressed concern because of the BYOB aspect that is being requested and to know who would be responsible for alcohol consumption. The City Attorney stated that the person holding the function, not the owner of the facility. Jameson was concerned over not being a year since the initial request.

Thomas was concerned because of the BYOB and drinking of underage people and excessive alcohol use and drunks being allowed on the streets of Duncanville. For the safety of the drivers of Duncanville, that BYOB not be allowed.

Harris asked how many people the establishment will hold, and she was advised it was set 150. She also stated that the council set the SUP at six months and that she feels that the ownership would not allow over use of alcohol because the council could pull the SUP but does not want to tie her hands in drawing events. Harris motions to approve as presented by the Planning and Zoning Commission and was seconded by Cooks.

Freeman states that he has met with the owners and that she is a religious woman and doesn’t drink. The neighbors don’t have a problem with this SUP as presented.

Hodge asks that the two or more complaints are received during the one year then the SUP would be pulled.

Jones asks the owner why she doesn’t want to get a liquor license. She stated that she is not interested in being a nightclub, that it is cost prohibitive, and that it does not bring any benefit to her business to do that. The events that she would be catering to, it is not necessary to those events that she has.

Harris clarified that if a caterer is used with a bartender, then they have to provide a license.

Hodge states that a license requires a certain amount of food has to be served, and she is not providing food.

Thomas asks if a caterer brings in a bartender, then they have to provide a catering alcohol permit. Harris assured her that they would.

Thomas asks what the officer’s duties would be at the event. Chief Brown states that while they would not actively check identification, but they would be monitoring underage drinking and anyone that might be drunk. Thomas asks if the city would be taking on responsibility should someone “slip by” and the City Attorney told her no, the city would not be taking on any additional liability.

Thomas motioned to amend the motion to strike clients and to allow only caters with licenses to bring alcohol. Failed by a 4-3 vote with Jones, Thomas, and Jameson voting for.

Thomas moves to amend to allow only wine and champagne, Jameson seconds. This fails by a 4-3 vote with Thomas, Hodge and Jameson voting for.

Motion to approve as recommended by Planning and Zoning. Motion passes with Jones, Thomas, and Jameson voting against.

13. Public hearing to consider the request of James R. Wilkins, owner, to amend the existing “R-1.4” Single Family Dwelling zoning to include an “SUP” Specific Use Permit (Bed and Breakfast) on Lot 4, West Park Estates 3, more commonly known as 234 Walnut Circle.

Alla Wilkins, co-owner, stated that six years ago they were approved to operate a Bed and Breakfast with an SUP and have been very successful on Hustead Drive. She and her husband also own a property on Walnut Circle as a private residence. They have had people from 35 different countries and every continent except Antarctica. They stated that their clients visit Main Street restaurants and businesses.

Dennis Newton, Duncanville resident, has stayed at the establishment with his wife multiple times and recommends the location.

The owner of Roma’s stated that their business is supported by the establishment.

Motion by Cooks to close the hearing, seconded by Cooks and passes 7-0.

14. Consider directing staff on the request of James R. Wilkins, owner, to amend the existing “R-1.4” Single Family Dwelling zoning to include an “SUP” Specific Use Permit (Bed and Breakfast) on Lot 4, West Park Estates 3, more commonly known as 234 Walnut Circle.

Jones moves for approval with second by Jameson. Jones stated that he has toured both of the facilities and feels that his apprehension was outweighed by what they bring to the City of Duncanville and it enhances the community. Harris stated that she has also toured the locations and was impressed by the antiques. Thomas states that this is an SUP to operate a boarding house in a neighborhood and feels it is spot zoning and feels it is unwise to give this SUP. Freeman requests clarification about if this is two different locations.  The ownership stated that the home is only six lots apart and that he has used the home on Walnut was used only for overflow. Hodge expressed concern about the new location in a neighborhood and she feels it is an isolated neighborhood and feels it will have a negative impact on the neighborhood. Hodge stated that Planning and Zoning did not approve and it would need a super majority to approve. Motion failed by not obtaining the required super majority.

15. Public hearing to consider the request of Ed Hicks, Jr., representing Duncanville L, LLC, to amend the existing General Retail “GR” zoning to include a Special Use “SU” Permit to include Auto Dealers, Used Cars Only, (Pre-Owned Auto Dealership) on Lots 4 and 5, Block 1, Central Business Area, Third Section, more commonly known as 611 and 613 East IH-20.

Hicks stated that this would be an extension of Clay Cooley Nissan and their certified pre-owned vehicles. The effective plan is to use the main building for showroom and office and also a parts and service department. Projected revenues for the location would be $43,000,000 per year. In addition, they will be initially employing 55 people at the location.

Wesley Jameson does not support a used car lot and the type of “cheesy” advertising and feels that buildings such as this should be torn down and repurposed.

Motion to close public hearing made by Jones and seconded by Jameson and passes 7-0.

16. Consider directing staff on the request of Ed Hicks, Jr., representing Duncanville L, LLC, to amend the existing General Retail “GR” zoning to include a Special Use “SU” Permit to include Auto Dealers, Used Cars Only, (Pre-Owned Auto Dealership) on Lots 4 and 5, Block 1, Central Business Area, Third Section, more commonly known as 611 and 613 East IH-20.

Freeman moves to accept and he is tired of looking at the vacant location and is tickled to death that someone is interested, Harris seconds.

Jameson asks Hicks why no new cars will be sold. Hicks stated that Nissan assigns market areas and that Urban Nissan in Arlington actually has the market area to sell new cars to this area. Clay Cooley wanted to put new trucks along with pre-certified cars, but Nissan would not approve it due to Urban Nissan having the market. Hicks also stated that he was concerned with the term “used car lot” and that Nissan would control the look of the facility. Hicks also stated that the business development center and Internet departments for all of the Clay Cooley locations would be moved to Duncanville and that 20 of the 55 would be Duncanville residents. Jameson asked about signage at the location and if Hicks stated that it would have the Nissan sign and “certified pre-owned. Cooks asked about the market in Duncanville as it relates to other areas and stated that he wanted to be sure the SUP was for Nissan only and that if they left anyone could put a used car lot. The city attorney assured him that the SUP was for a Nissan dealership with Clay Cooley. Thomas questioned exactly how much money the city would see since city sales tax is not collected on new and used vehicles. Hodge said that property tax would be collected and the property value would go up with the improvements to the building. Hodge also asked about if cars that were not certified would be available on the lot. Hicks said that only those vehicles taken in trade would be available and that if they did not meet their criteria they would be sold at auction. Hicks also said that Clay Cooley was very involved in the communities where he had dealerships.

The motion passed 7-0.

17. Public hearing to consider possible amendments to Appendix A, Article XIII, Special Uses, of the Comprehensive Zoning Ordinance.

Hodge and Harris both recused themselves due to both owning property that would be affected by this change. Mayor Pro-Tem Jameson read a statement that due to the fact that the Planning and Zoning Commission had denied the request that it would require a super majority of the council to overturn. With six votes required and only five sitting members after Hodge and Harris recused themselves, the measure could not pass. The council did allow those present that wished to speak to do so.

James Harris, owner of Justin Moving stated that he had asked the city council to consider the amendments due to the fact that he has to park his large trucks on another lot because of their size and that any trucks currently on his lot are less than one ton and can be legally parked there.

Freeman asked why Uncle Bob’s Storage is allowed large trucks and was informed that the property allows it, and asked about a Special Use Permit.

Thomas also asked about an SUP and James Harris stated that he had inquired and hit type of business was not listed as an acceptable use for an SUP and City Manager O’Leary confirmed that.

Jameson asked Steve Miller, Public Works Director to explain. Miller stated that the business is a moving business and is not listed in the ordinance that would be an allowable SUP and it was covered under another zoning category and that a change to the ordinance would be necessary and that once that was done, Harris could file for the SUP.

James Hubener expressed concern over adding SUP categories to zoning districts and had spoken against this at the Planning and Zoning hearing. He stated that while Justin moving had the land available for storage and parking, other like businesses might not.

Ken Martin, property owner, spoke on behalf of James Harris and made the point that he had initially run an air conditioner business from that location, and compared that business and Justin Moving to not being a “point of sale” but that the air conditioner business was allowable by ordinance. Also, the air conditioner business would do less retail business because Justin Moving actually sold boxes and packing supplies from the building.

With no one else wishing to speak Cooks motioned to close the public hearing and Jones seconds. The motion passes with a 5-0 vote.

18. Consider directing staff on proposed amendments to Appendix A, Article XIII, Special Uses, of the Comprehensive Zoning Ordinance.

Because a super majority was necessary and only five sitting council members could vote, no further action was taken.

23. Receive Councilmember Reports – Items of community interest regarding which no action will be taken, as authorized by Section 551.0415 of the Government Code.

Jones expressed gratitude to DHS teachers Mr. Bennett and Ms. Martin for their assistance with the situation of the park being used for parkour. Bennett is an engineering teacher and has agreed to his students designing a park area to be used by those practicing parkour. In addition, Martin will be assisting with information and working with the city for funding sources. Parents of the students have expressed interest in assisting with building the facilities. Jones also spoke on attending the Texas Municipal League conference and he learning opportunities.

Thomas commented on TML and some of the vendor items that caught her attention and will be passing them on to the city manager.

Jameson also went to TML and was intrigued by the information on parks and water features and would be looking to see what could be used in Duncanville. She also said that since this was the last meeting of the year she wanted to wish everyone a Merry Christmas and to remember the reason for the season.

Cooks reported that Concord Church had teamed with Jubilee United Methodist to pass out Thanksgiving meals to those in need. He also said that he and several other council members had met with students of Northwood University regarding the Duncanville Fieldhouse and offered a report from the students for those that had not attended. Cooks also commented on attending TML and the technology available to cities in the 21st century. Cooks also reported that his sister was getting married and that the wedding is happening in Duncanville.

Harris wished everyone Happy Holidays and asked for prayers for her husband as he faced minor surgery on Friday.

Freeman reminded everyone about the Christmas parade and tree lighting this Friday.

Hodge reported that she also went to TML and that it was held in the Metroplex and the council attended with no flight or hotel costs and that she took a course on economic development.

O’Leary invited the council to attend the employee Christmas luncheon on December 20 from 11AM to 1:30PM at the Duncanville Fieldhouse that was for employees and retirees.

24. Recess into Executive Session in compliance with Texas Government Code Section 551.071(1), to meet with the City Attorney regarding pending litigation (MARA v. DCEDC; Community Bank v. City of Duncanville); Section 551.074, Personnel, to discuss City Manager duties; and, Section 551.074, Personnel, to discuss appointments to the Planning & Zoning Commission and Sign Control Board.

The council recessed into executive session at 10:30PM

25. Reconvene in Open Session to discuss appointment to the Tri-City Animal Shelter Board.

The council reconvened at 11:15PM and this item was pulled for a future meeting.

26. Consider appointments to the Planning & Zoning Commission, Sign Control Board, and Tri-City Animal Shelter Board.

Item pulled for a future meeting.

27. Discuss any item and/or take any action necessary as a result of the Executive Session.

City Manager Dan O’Leary confirmed that he had tendered his resignation from his employment with the City of Duncanville and had made his decision to retire from City Government. The council voted to accept his resignation.  A motion was made to appoint Greg Contreras as Interim City Manager by Thomas and was seconded by Jameson. The motion passed 7-0. Contreras will begin as interim on December 20.