Recap of City Council Meeting – February 5, 2013

Filed under: City |

DUNCANVILLE CÍTY COUNCIL
MEETING AGENDA
TUESDAY, FEBRUARY 5 – 7PM
Council Chambers, Hall 203 E. Wheatland Road

Mayor Deborah Hodge
Councilmember Don Freeman
Councilmember Stephen Jones
Councilmember Leslie Thomas
Councilmember Johnette Jameson
Councilmember Janet Harris
Councilmember Mark Cooks
Councilmember Johnette Jameson

AGENDA

Invocation
Pledge of Allegiance
Mayor’s Report
Recognition of Visitors / Proclamations / Presentations

Duncanville High School Drama Department presented a short scene from their upcoming production of The Masque of Beauty & The Beast that is being presented at Shine Performance Hall on February 6-10. Tickets are $5 and are available at the door. Performances are at 7:30pm each evening with matinee performances on Saturday and Sunday at 2:30pm.

Proclamations presented for Black History Month, also  the Finance Department for their work on the Comprehensive Annual of Report for 2012 receiving the Certificate of Achievement for the 16th consecutive year, Property of the Month for the Keep Duncanville Beautiful Board presented to Dickey’s Barbeque at 106 E. Hwy 67.

Citizens Public Comment Period
[Each speaker will be allowed two (2) minutes to address the council)

MyDuncanville.com was not present at the meeting in order to cover the Duncanville Pantherette and Panther basketball games and is recapping this meeting with the meeting video that is available on Duncanville.com. The comment period and the councilmember reports are not broadcast once filing for city council seats has been opened, until the time of the election.

CONSENT AGENDA

1C. Approval of minutes for January 15, 2013 City Council Meeting; January 17, 2013, Joint Meeting with DCMC; January 17, 2013, Joint Meeting with Sign Control Board

2C. Award of bid to Sam Pack’s Five Star Ford, LTD in the amount of $45,954 for sport utility Vehicles

3C. Approval of an expenditure in the amount of $55,000 for annual purchase of Water and Sanitary Sewer Maintenance Supplies from Municipal Waterworks Supply, L.P. through a City of Midlothian Cooperative

city_hall4C. Award of a contract with Economists.com for a Water and wastewater rate and cost allocation study in the amount of $34,000. Pulled from consent.

5C. Approval of Ordinance No. 2190 amending the Code of Ordinances Appendix A, Zoning, and the Zoning map to provide for a Specific Use (“SU”) permit to include a museum on property Zoned Local Retail-2 on Block A, Lot l, of Sunset Village Section 3, more commonly known as 4ll East Highway 67; providing Severability, repealing and savings clauses; providing a penalty of fine not to exceed two thousand dollars ($2,000) for each and every offense; providing an effective date; and providing for the publication of the caption hereof. Moved to after Item 14.

6C. Award of contract with Terracon Consultants, Inc. for Professional Environmental Engineering Services for Fire Station #l Environmental Assessment in the amount of $19,540. Pulled from the agenda.

7C. Approve TexPool Resolution Amending Authorized Representatives to include Interim City Manager Greg Contreras as an Authorized Representative for the City of Duncanville.

8C. Approval of expenditure in the amount of $11,312.55 for professional services by CA Forensics in the matter of DCEDC v. MARA. Pulled and added after the executive session

Items motioned for approval by both Thomas and Jameson, seconded by Jones and passed 7-0.

REPORTS/RECOMMENDATIONS/REOUESTS

4. Award of a contract with Economists.com for a Water and wastewater rate and cost allocation study in the amount of $34,000.

Motion was made and seconded and passes 7-0.

9. Consider all matters incident and related to the issuance and sale of “City of Duncanville, Texas, General Obligation Refunding Bonds, Series 2013”, including the adoption of an ordinance authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to authorized officials of the City.

Jason Hughes of First Southwest made a presentation to refinance the bonds on Joe Poole Lake, just under $2.1 million. The refinance would be paid out in February 15, 2020 and would save the city just under $15,000 per year and would cut the interest rate in half and no out of pocket costs.

Thomas asks how much will cost the city. Hughes stated that $114.918, but the fee would be close to $50,000 of fees associated with the refinance, but those are not taken from the general budget and are wrapped into the refinance. Thomas motions to approve with Jameson seconding and the motion passes 7-0.

10. Public hearing to consider the request of Victor Bell, representing Poppa’s Place Daycare, to include a Special Use Permit “SUP” to allow a Religious Institution (Church) on the Kindercare Addition, more commonly known as 707 Center Ridge Drive.

Victor Bell spoke and stated that they were asking for a SUP to allow for a church to temporarily  meet at the location until the church can relocate and only plan to use the location for the church for six months to a year.

James Hubener spoke against the SUP request. His concern was that the parking was not contiguous and was “off-site”. He also stated that they were seeking a SUP on top of a SUP that was already in place on that property.

E.G. Roberts, pastor of the church that is seeking to meet at the daycare. Assured the council that this was a temporary situation and that the on-site parking would suffice and the off-site was for possible overflow.

No other speakers came forward, motion was made and seconded to close the public hearing and passed 7-0.

Item agenda 12 was moved for the public hearing to occur before voting on 11. The council will be going into executive session to discuss item 11 and 13 with the City Attorney to receive legal counsel

12. Public hearing to consider the request of Robert Ramoz, representing Templo Bautista Nueva Jerusalem, to renew the existing Special Use Permit “SUP” Zoning that allows a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Main Street.

Robert Ramoz, pastor, spoke in favor of renewing the SUP as they meet their on Sundays, Wednesdays, and a youth group on Fridays. The church owns the building, meets there, and is slowly growing.

Robert Heath Ramoz, minister of music and youth minister for the church. The youth group has grown from one to thirteen youths and does meet there every week.

Mr. Fernandez, a member of the church, urged the members of the council to grant the request of the church.

No one rose to speak, a motion was made and seconded to close the public hearing and passed 7-0.

Council recessed into executive session to receive legal counsel from the City Attorney on items 11, 13, and 14 at 8:04PM.

11. Consider directing staff on the request of Victor Bell, representing Poppa’s Place Daycare, to include a Special Use Permit “SUP” to allow a Religious Institution (Church) on the Kindercare Addition, more commonly known as 707 Center Ridge Drive.

Thomas motioned to postpone the item by Thomas and seconded by Jones.

Freeman states that he can’t see putting a special permit on top of the already existing SUP.

Motion passes 6-1 to postpone with Freeman voting against.

13. Discuss and consider directing staff on the request of Robert Ramoz, representing Templo Bautista Nueva Jerusalem, to renew the existing Special Use Permit “SUP” Zoning that allows a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Mains Street.

Thomas moves to postpone with Jameson seconding. Motion passes 6-1 with Freeman voting against.

14. Discuss and consider directing staff on the request of Van Nguyen, representing the Maitreya Buddha Meditation Center, to amend the site plan for the existing Special Use “SU” permit to include three (3) memorial structures and two (2) future building locations on Lot 17A, Block 3, Woodhaven Replat, more commonly known as 3 l() East Red Bird Lane.

Jones moves for approval and was seconded. Hodge brought up the amendments to the motion that involves screening landscaping. Motion carries 6-1 with Freeman voting against.

5C. Approval of Ordinance No. 2190 amending the Code of Ordinances Appendix A, Zoning, and the Zoning map to provide for a Specific Use (“SU”) permit to include a museum on property Zoned Local Retail-2 on Block A, Lot l, of Sunset Village Section 3, more commonly known as 4ll East Highway 67; providing Severability, repealing and savings clauses; providing a penalty of fine not to exceed two thousand dollars ($2,000) for each and every offense; providing an effective date; and providing for the publication of the caption hereof.

Hodge recuses herself and Jameson takes control of the meeting. Thomas moves for approval and Freeman seconds. Motion passes 6-0.

15. Consider directing staff to perform additional study and conduct public hearings to consider adding text amendments to Appendix A, Article XIII, Special Uses, of the Comprehensive Zoning Ordinance.

Hodge remains recused and Harris recuses herself. Motion made by Thomas to postpone it directly effects a sitting council members business, and it was just heard by the P&Z Board and it received a negative vote. Jameson seconded the motion to postpone.

Cooks states that he asked for this in order to remand it back to P&Z. Jameson stopped Cooks and stated that the discussion had to center around the postponement and not why it was placed on the agenda. Cooks stated that he wants to state why he wanted it on the agenda and why he feels why it should or shouldn’t be postponed. Cooks stated that while a sitting council member is sitting on the council we shouldn’t hold this against the councilmember. Cooks asked to reconsider the request without the limousine service and tire installation sales and service that was originally heard by the P&Z.

Motion to postpone passed by a vote of 4-1 with Cooks voting against.

16. Consider Approval of Resolution No. 2013-020516 amending the Master Fee Schedule and providing an effective date.

Thomas motioned for approval with additions to include retirees spouses in the wording, and add back in family resident be included in the wording of the recreation center fees at $125, but does not include fitness room, seconded by Jameson.

Freeman states that he believes that this is good and does not raise the fees for the citizens.

Motion passes 7-0.

17. Discuss and Consider approval of contract With CA Forensics, LLC for auditing services in the matter of DCEDC v. MARA.

Item pulled from the agenda.

18. Receive Fieldhouse Monthly Status Report presented by Latisha and Ricky Brice.

Latisha Brice gave report for November, December, and January. She stated that revenue has increased, as well as an increase in events.

Brice was asking for a security VCR, hot water heater, repair of the A/C for meeting rooms, installation of a banquet door.

Basketball, karate tournament, and other events are scheduled that includes basketball and volleyball tournaments.

Harris questioned part of the report and the annotations, and Brice assured that these event were marked to ask for additional assistance from the city for crowds and parking.

One of the events is the Oak Cliff Bible Championship and Brice stated that they were moving the event to the Duncanville Field House because of the number of gyms available. Brice stated that in the past Oak Cliff Bible had reached out to other cities and they have outgrown that and would be moving to the Field House.

Cooks asked about the checks and balances between the income reflected and what is being turned in to finance. Latisha Brice stated that they are learning a new computer system and the numbers they presented are taken from the spreadsheets generated by their system. There were discrepancies with what is given to Finance and those have been rectified. Latisha Brice states that the people who were trained on the system are no longer with the facility and they are working to learn the system. Latisha stated that the problem is not with cash sales, but with credit cards and they are being processed more than once and credits had to be made.

Cooks asked Finance Director Richard Summerlin to explain what Finance is seeing and if anything needs to be changed. Summerlin stated that when the city went through their internal audit recommendations were made and they haven’t been implemented as of this time. Other reconciliation, Finance needs to focus more on learning their system, and the report it produces.

Cooks recognizes that the Finance Department is very busy, but is concerned that the city would get the additional support to get this remedied as quickly as possible due to the fact that a third-party is now running the facility.

Jameson states she did not hear Summerlin say that they couldn’t reconcile what has been turned in. Summerlin stated that he did not say that, what he said was that as of this time they haven’t been able to even try to reconcile. Summerlin stated that the auditors did make some recommendations and former City Manager Dan O’Leary had discussed the recommendations. Jameson asked why there was a different system than what the city used. Summerlin stated that the system that is being used is for more a point of sale and not what the city uses. Summerlin also stated that they Library and Recreation Center are all on different systems. Jameson stated that the city look at a program purchase that would allow the systems to interface with each other. Jameson went on to state that it was her understanding that under the prior management there were discrepancies in cash receipts and petty cash. Latisha stated that Finance has done audits of petty cash and no discrepancies have been found. When Latisha was asked by Jameson about collections she stated that it was a task and that she feels that it was due to a lack of training for the employees. Under the new system, the company is coming in for constant training.

Hodge asked the Brice’s about the double credit card billing and asked about the system and why they are having issues. Latisha stated that the staff was impatient, and they perhaps were reprocessing the card and it was being charged twice. The Brice’s stated that they have been in contact with their vendor to rectify the problem.

Freeman states he is glad to see the Field House is turning around. He also asked for clarification on the hiring of personnel is done by the city, and not the council or the Brice’s and they are City of Duncanville employees.

19. Discuss and consider Council appointments to the Best Southwest Partnership.

Item was pulled from the agenda

20. Discuss and consider requiring all future invoices presented by CA Forensics for auditing purposes in the matter of DCEDC v. MARA be presented to City Council for approval prior to payment.

Moved to after executive session.

21. Discuss and consider hiring Strategic Government Resources to provide an Executive Coach for Interim City Manager for a period of 90 – 120 days.

Freeman motions to give the City Manager authorization to hire someone should he desire to do so, seconded by Jameson. Motion passes 7-0.

22. Discuss and consider eliminating the position of Assistant City Manager and discuss hiring an assistant to the Interim City Manager.

Pulled from the agenda

23. Discuss and take action to procure Prosecutor Services for the Municipal Court.

Thomas motioned for City Manager to advertise for the services, Jameson seconds. Passes 7-0.

24. Discuss criminal activity at the Duncanville Fieldhouse and consider taking action towards providing police officers for security.

Jameson asked the Brice’s to state what they see as needs for the Field House.

Ricky Brice stated that he has met with the police department and that they had recent incidents of vehicle burglaries, as well as thefts. Some of his initial recommendations made over a year ago have not been addressed. The Field House has purchased a new DVR that records 16 cameras, but needs cameras fixed and an additional DVR to record outside cameras. They also suggested a kiosk that would assist in requiring those coming into the facility to register and pay to play. Some of these that have used the “free play” have been of an “unattractive” crowd that causes problems. The use of off-duty police officers for security has been discussed to help cut down on criminal activities. Jameson asks if the need to pay off duty officers or could the police provide more visibility.

Police Chief Robert Brown stated that he had made recommendations a year ago and those have not been implemented. Brown has met with the new Parks Director and with the Brice’s and that they are moving forward. Brown also has stated that he was glad to see the cost for security being included in the cost for the larger events.

Brown also states that with a minimum staffing of 6 officers on duty, that police could get by there as call load permits. Brown did state that he felt that they were moving in the right direction. Ricky Brice stated that Northwood University brings their own security while their teams practice in the facility.

Cooks thanked the Brice’s for taking the steps to build the price of security into the larger events. Cooks asked that the “free play” players aren’t lumped into “one bucket”.

Thomas stated that it had been a concern of hers that the security plan had not been implemented and the liability the city faces.

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

MyDuncanville.com was not present at the meeting in order to cover the Duncanville Pantherette and Panther basketball games and is recapping this meeting with the meeting video that is available on Duncanville.com. The comment period and the councilmember reports are not broadcast once filing for city council seats has been opened, until the time of the election.

26. Recess into Executive Session in compliance with Texas Government Code Section: 551.071(1) and (2), Consultation with Attorney regarding: (a) pending litigation Community Bank v. City of Duncanville, DCEDC, et al; and (b) pending litigation DCEDC V. MARA.
551.072, Deliberation Regarding Real Property, Joe Pool Lake Water Rights Valuation Study.

12:55AM the Council reconvened from Executive Session

Item 8 and 20 are pulled

8C. Approval of expenditure in the amount of $11,312.55 for professional services by CA Forensics in the matter of DCEDC v. MARA.

20. Discuss and consider requiring all future invoices presented by CA Forensics for auditing purposes in the matter

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

Thomas made the motion to authorize the City Manager to execute a contract that the assignment of the McKamie Krueger CSA Forensic Contract be given to the City Attorney for the City of Duncanville, seconded by Jones. Vote passes 6-0. Freeman had left the meeting. Cooks stated that he had his light on to discuss the item. Hodge asked what did he intend to speak on since she had already adjourned the meeting and Cooks stated that his light was on prior to the adjournment. Cooks wanted to see all contracts reference this item that are brought to the City Manager would be brought to the council as well.