Recap of City Council Meeting – January 15, 2013

Filed under: City |

REGULAR MEETING 7:00PM
Council Chambers, City 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

 

REVISED AGENDA

 

Invocation
Pledge of Allegiance
Mayor’s Report
 

Hodge introduced Interim City Manager Greg Contreras and Interim City Secretary Angie Wade. 

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

Patrick Harvey – Spoke on the forensic audit and the cost approaching or over $170,000 and the money could be used for five police vehicles or to keep our fireman safe, instead of turning the money over to a consultant.

Barry Johnson – Spoke on International Museum of Cultures and the supports Item 12.

Consent Item(s)

1C. Approval of minutes.

2C. Award of Bid to Reliable Chevrolet, Inc. in the amount of $122,476.60 for four (4) police patrol vehicles

3C. Approval of an emergency purchase of two police patrol vehicles from Reliable Chevrolet, Inc. in the mount of $62,808.70

4C. Award of Contract to Terracon Consultants, Inc. in the amount of $23,240 for Professional Environmental Engineering Services for fire Station l Environmental Assessment (pulled from agenda)

city_hall5C. Approval of Resolution No. 2013-011505 authorizing the Mayor to enter into a Memorandum of Agreement on behalf of the City of Duncanville, Texas, with the Texas Commission on Environmental Quality to implement and enforce locally the Texas State Rule on Motor Vehicle Idling Limitations and providing an effective date.

6C. Approval of Ordinance No. 2188 repealing Ordinance No. 2174 and amending the Code of Ordinances Appendix A, Zoning, and the Zoning Map to provide for a Specific Use (“SU”) permit to allow a party/event facility (indoor only) on property Zoned Local Retail-2 Block B, Lot 11, Duncanville Estates 1, more commonly known as 111 South Cedar Ridge Drive, Suite 110; providing severability, repealing and savings clauses; providing a penalty of a 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 non-consent items)

7C. Approval of Ordinance No. 2189 amending the Code of Ordinances Appendix A, Zoning, and the Zoning Map to provide for a Specific Use (“SU”) permit to allow auto dealers , used cars only (pre­-owned auto dealership) on Block 1, Lots 4 and 5, Central Business Area, Third Section, more commonly known as 611 and 613 East IH-20; providing severability, repealing and savings clauses; providing a penalty of a 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.

8C. Ratify Re-Appointment of Civil Service Board member Sharon White (pulled from agenda)

9C. Approval of revisions to Hotel Occupancy Tax Use Guidelines under Texas State Law and Funding Application Form

10C. Consider approval of a budget adjustment from Fund Balance to fund substandard building demolitions.

1C-3C, 5C, 7C, and 9C thru 10C. Jameson approves and Cooks seconds and passes 7-0.

Reports/Recommendations/Requests

6. Approval of Ordinance No. 2188 repealing Ordinance No. 2174 and amending the Code of Ordinances Appendix A, Zoning, and the Zoning Map to provide for a Specific Use (“SU”) permit to allow a party/event facility (indoor only) on property Zoned Local Retail-2 Block B, Lot 11, Duncanville Estates 1, more commonly known as 111 South Cedar Ridge Drive, Suite 110; providing severability, repealing and savings clauses; providing a penalty of a 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.

Motion was moved for approval and seconded.

Thomas stated she would not be voting for this because of the alcohol usage was included in the Special Use Permit.

Freeman reminded that this was a dance studio and the owner has had a trial period and the neighbors had no opposition. This is not a night club, but a dance studio that wants to have parties. Freeman is for this and so are the surrounding neighbors.

Cooks will be voting for this, and Duncanville needs this type of businesses. Phatt Matt’s is in the same shopping center, and has a fully functional bar inside.

Jameson will be voting against it. She has heard from people in her district and they don’t approve of it.  People in her district also asked who is going to make the decision on when a person has had enough to drink.

Harris stated that she will be supporting this, and that Duncanville Police Officers will be paid for by the owners of the establishment and not by the City of Duncanville. The owner has wedding receptions, and parties for her dance students. If there are issues the city can pull the permit.

Thomas clarified that Phatt Matt’s serves by the glass and patrons cannot bring their own bottle. She also stated that she received no phone calls on this.

Hodge states that she ran on a platform of being business friendly and that she votes for what she believes a majority of the citizens would support. When the citizens passed beer and wine, she feels the citizens said that they have no problem with alcohol being on the premises. She also stated that the owner has to earn the right to keep her permit.

Jameson, Jones and Thomas vote against, and the motion passes 4-3.

11. Public hearing to consider the request of Mary Fae Kamm, representing the International Museum of Cultures, to amend the existing Local Retail­2 zoning to include a Specific Use Permit “SUP” (Museum) on Lot 1, Block A, Sunset Village Section 3, more commonly known as 411 East Highway 67.

Tony Shepherd – Spoke in favor of the council approving the permit.

No one spoke against.

The motion was made to close the public hearing at it passed 6-0 with Hodge having recused herself.

12. Consider directing staff on the request of Mary Fae Kamm, representing the International Museum of Cultures, to amend the existing Local Retail­2 Zoning to include a Specific Use Permit “SUP” (Museum) on Lot 1, Block A, Sunset Village Section 3, more commonly known as 411 East Highway 67.

Harris moved to approve and Jones seconds and the motion passes 6-0 with Hodge having recused herself.

13. Public hearing to consider 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 310 East Red Bird Lane.

Van Nguuyen thanked the council and the people in the community that supported the temple and asks for the council to approve the amended site plan.

James Hubener spoke against because he feels it does not meet a special use permit, but needs to be a planned development. He is also concerned that the site plan does not take into account residential slope.

A member of the center stated that the buildings would match what is currently there and that the buildings are a part of the Buddhist religious practices. This would allow them to complete their meditation.

Another member stated that the center has helped her come to grips with tragic situations that she has recently faced and the center helps other people like her.

Thomas moves to close the public hearing and Cooks seconds. Motion passes 7-0.

14. 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 310 East Red Bird Lane.

This item was pulled to allow staff to do some more work for the council on this item before it is discussed and voted on.

15. Discuss and consider approval of the request of Duncanville Community Theatre for hotel occupancy tax funds totaling $25,621.40 for 2012/2013 season. This includes a loan payment from the General Fund in the amount of $21,621.40 and $4,000 for General Operating Expenditures.

Jameson moves to approve and Freeman seconds.

Hodge states that she is voting against this because of money that was already given them and because of the reduced rent the city gives them on the building. She feels that the money could be  used better if applied to the Duncanville Field House. She also stated that the funds are limited in the amount that they city can give the arts and wants to share the funds with other entities that might want to apply.

Thomas and Harris were confused because they believed that the $21,621.40 was already approved. Hodge stated that she does not support the $4,000 extra.

Freeman stated that the theatre needs the money or they wouldn’t be asking for it. He also stated that they city needs the theatre. He talked about the amount of people that eat at the restaurants around the theatre and tax dollars they bring in for those businesses. This money is well spent, and can’t be spent for anything else.

Jameson states she supports the theatre and the city has to have something cultural. The theatre provides workshops for children and if the theatre doesn’t meet the criteria of what the money can be used for, then she doesn’t know what does. She feels the field house is moving forward and is in a better place.

Thomas states that she will be supporting this. The theatre does theatre very well and they have excelled in what we as a community can ask them to do, and support them.

Cooks wants to amend the motion to approve the $21,621.40, but does not get a second.

Hodge agrees with Thomas that the theater is doing a great job. They have shown a profit the past two years. It’s not that we don’t think they are doing a great job, but the field house is losing money and other people in the arts want access to this money as well. She will still be voting against.

Thomas asked Amy Jackson, Executive Director, what she does with the profits. Jackson stated that the money goes back into the theatre and they used the money to purchase an annex to hold educational classes. Actors are not paid, but degreed directors receive an honorarium, and Jackson and an assistant receive a stipend to take care of the building and pay the bills.

Cooks asks if any other major supporters are involved with the theatre and Jackson stated there is not. In addition, the $21,621.40 is an advance to renovate the building. Cooks asks about the board. Jackson stated that the 10-11 members of the board is very active, but they act as an advisory board.

Motion passes 6-1 with Hodge voting against.

16. Discuss and consider action regarding the request of the Parks and Recreation Department for hotel occupancy tax funds in the amount of $41,960 for the annual July 4th Celebration

Pulled from the agenda.

17. Receive Fire Department Public Safety Report

See the quarterly report here

Jameson states that she got several phone calls about aluminum wiring in homes. The fire chief states that is an issue, but it’s more about an issue with how the wiring is hooked to switches, plugs and fixtures.

Freeman asks that the 20 and 30 year employees before the council to be recognized.

Cooks thanks the fire chief for all the fire department does.

18. Consider Approval of Resolution No. 2013-011518 authorizing submission of a grant application with Dallas County on their Sixth Call of the Dallas County Major Capital Improvements Program.

Thomas motions and Freeman and Cooks seconds.

Steve Miller was asked to the give feedback to the council by Cooks. Miller stated that he e-mailed the plan to the county and feels good about it being approved.

Motion passes 7-0.

19. Consider Approval of Resolution No. 2013-011519 authorizing submission of a grant application With Texas Parks and Wildlife Department in their Recreation Trail Program.

Freeman motions to approve and was seconded by Jones and Cooks.

Freeman thanked the City Manager for getting on this and made it happen. Thomas commended Steve Miller for his work on this plan.

Thomas also said the Parks Board wants to workshop and put together a trail system that would connect the parks and other cities with bike trails.

Jameson commends Miller and good job with the limited amount of time and a different project.

Hodge asks that Miller also thank the County of Dallas for their work.

Cooks thanked Miller for his work and for putting this together so fast.

Motion passes 7-0.

20. Discuss and consider action regarding the request of the International Museum of Cultures for hotel occupancy tax funds in the amount of $12,500 for advertising, introduction of new exhibits, cultural programming, and recruitment of conferences/retreats.

Mayor Hodge recuses herself from this item.

Freeman motions to approve, Jones seconds.

Thomas asks if there are any comment cards and there are none.

Freeman thanks the museum for coming home to Duncanville.

Harris questions why before when it was requested it was for $10,000 and now it is for $12,500.

Mary Fae Kamm explained that she is asking for the additional $2,500 to provide information on all of Duncanville. She states that she gets visitors that request what else can be done in the area. She stated that items such as the arboretum (in Cedar Hill) and the gardens in Armstrong Park.

Harris again questions why, when $10,000 was voted on, was it brought back asking for more. Kamm explains that they are now in Duncanville and expenses over the next three months will rise to get news out about the move. Harris clarified that the difference was that they used to be in Dallas, but now they are in Duncanville.

Cooks asks what support they got from other organizations. Kamm explains that the Dallas Cultural Affairs, Library Live of Dallas, Nissan Foundation is funding the auditorium they are planning to renovate, Texas Commission of the Arts, and others.

Cooks also asks what the board for the museum does in the area of support. She explained that the board is expected to contribute and actively involved and raise funds for the museum.

Cooks asks if the money requested is a higher percentage, and Kamm states that it is not, but it is about the average given. States that he doesn’t support the total of $12,500.

Jameson asks where the museum will be located and Kamm stated that it is between Danieldale and Main on Hwy 67.

Thomas asks about the type of people visit the museum. Kamm states that she already has reservations for Girl Scouts to be coming into the museum. Kamm also stated that school groups and universities will be bringing their students into the museum. The hope is that the traveling community will stop in. Thomas also asked that if DeSoto provides money and Kamm states that they give $5,000. Kamm states that they put displays into DeSoto city offices. Funds that are needed for the move are $30.000 for sprinkler system, $25,000 to $30,000 for marketing pieces. Thomas noted that the money being asked for is for advertising and this helps Duncanville become a destination spot.

Harris stated that the Duncanville addresses makes a huge difference to her, and that she will be supporting this request.

Motion passes 5-1 with Cooks voting against and Hodge having recused herself.

21. Consider Approval of Resolution No. 2013-011521 amending the Master Fee Schedule and providing an effective date.

Pulled from the agenda.

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

Jameson stated she got some good news regarding the Duncanville Fieldhouse. The Great American Shootout will be coming in April and paying $7,000 and in July and paying $15,000 to the city.

Thomas spoke to discussion about a forensic auditor and the use of Bible scripture. Stated that society spends a lot of money for law enforcement, about the DA’s office, because of the need for justice. This is the council’s attempt to get justice. Thomas stated that it didn’t matter how much this audit costs if justice is produced. Stated that the council is doing due diligence and the council was elected to do, elected to investigate and guard the cities interests.

23. Recess into Executive Session in compliance with Texas Local Government Code Section 551.074, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee as follows: (a) City Attorney and/or law firm transition, resignation and/or appointment and interim process/agreement; (b) submittals for Request for Legal Services Statement of Qualifications; and (C) appointments/removals to Sign Control Board, Planning and Zoning Board, Keep Duncanville Beautiful Board, Duncanville Community Multicultural Commission, Regional Animal Shelter Advisory Board and Library Advisory Board.

Recessed at 8:50PM

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

MyDuncanville.com used the replay from the city website to recap the meeting to allow for sports coverage of the Duncanville High School basketball games. Anything that occurred after the executive session was not recorded.