Recap of City Council Meeting – September 18, 2012

Filed under: City |

Council Chambers, City Hall
203 E. Wheatland Road

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

Called to order at 7:05


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

Proclamations recognizing Crime Prevention Month to the Duncanville Police Department and National Night Out were presented to Officer Doug Sisk of the Duncanville Police Department.

Jameson presented City Secretary Lisa Polomba  with flowers as she has turned in her notice as she is leaving to go take a job with another municipality.

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

Jeff Burton – spoke on Duncanville United and their request for information on items regarding city budget, rates and fees, city staff and services, community enhancement projects, and emergency response system.

Wesley Jameson – thanked the council for their service and commented on their being elected by the majority of the voters. Encouraged citizens to keep current with the facts.

Jennifer Pennebaker – had additional questions from Duncanville United.  Community enhancement projects, emergency response systems, legal fees, raise total of reserve funds, and what are the policies of the city and the vision of the council and the city’s growth.


1C. Approval of minutes.

Minutes from the August 28, 2012 Special Council Meeting, August 30, 2012 Council Workshop, and the September 4, 2012 City Council Meeting.

2C Approval of Ordinance No. 2179 amending the Code of Ordinances Appendix A, Zoning, and the Zoning map to provide for a Specific Use (“SUP”) Permit to allow an indoor party and rental facility on property zoned Light Commercial on Block C, Lot 16A, Crestview Addition, more commonly known as 608 Crestside Drive; 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.

Pulled and moved to regular agenda.

3C. Approval of Resolution No. 2012-091803 authorizing execution of an interlocal agreement with Dallas County to coordinate the planning and implementation of a hazardous Waste collection program from October 1, 2012 through September 30, 2013 for a cost of $74,500 with options to renew for four additional one-year terms.

4C. Approval of Resolution No. 2012-091804 establishing energy conservation goals as required by Texas Health and Safety Code 388.005, as amended by Senate Bill 898 of the 82nd Legislative Session of 2011, State of Texas; requiring the filing of an annual report on compliance with the City’s energy conservation goals with the State Energy Conservation Office (“SECO”) on a form provided by SECO; and providing an effective date.

5C. Approval of City of Duncanville investment policy and list of authorized dealers/financial institutions.

Motion to approve by Jameson, seconded by Cooks. Passed 7-0.


2C Approval of Ordinance No. 2179 amending the Code of Ordinances Appendix A, Zoning, and the Zoning map to provide for a Specific Use (“SUP”) Permit to allow an indoor party and rental facility on property zoned Light Commercial on Block C, Lot 16A, Crestview Addition, more commonly known as 608 Crestside Drive; 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.

Thomas motioned to strike premises to be vacated no later than 3AM and change to 1AM and was seconded by Jameson. Cooks questioned if she meant for them to be closed or vacated at 1AM.

Jameson clarified that this is simply a correction to reflect what passed at the last meeting.

Motion passed 7-0.

6. Discuss and consider approval of Ordinance No. 2180 approving and adopting a budget for the City for the fiscal year October 1, 2012 through September 30, 2013 and providing that expenditures for said fiscal year shall be made in accordance With said budget.

Freeman moved to adopt the budget with the change that specific authority is given to the city manager to transfer funds within a budget from one class to another within a department. Seconded by Jones. City Manager Dan O’Leary thanked the council for their work on this.

Thomas moved to amend that no transfer of city assets shall take place unless it comes before the council and a public purpose, specifically the transfer of city assets to non-government entities. Freeman questions the need for an amendment because he trusts the city manager to move funds between departments. Thomas explained that the amendment was for external use.

Thomas’s amendment passed 6-1 with Harris opposed.

The budget was passed 7-0.

7. Discuss and consider approval of Ordinance No. 2181 levying the ad Valorem taxes for the year 2012 at a rate of 50.737692 per one hundred dollars ($100.00) assessed valuation on all taxable property Within the corporate limits of the City as of January 1, 2012; to provide an interest and sinking fund on all outstanding debts of the City; and providing for due and delinquent dates together With penalties and interest.

Harris moved to approve and Jameson seconded. O’Leary explained that the tax rate is exactly the same with no change.

Thomas stated that she thinks it’s incredible that we have a budget with no rate increase with two years in a row of a downturn in a tax receipts. Also, she remarked on the reduction in the city council’s budget.

Freeman stated the City Manager and the staff did a great job on the budget.  He also remarked on no raise in taxes or water rates.

Hodge stated she is looking forward to O’Leary being in office next year and getting a full year to prepare the budget. Jameson echoed praise for O’Leary.

O’Leary stated that the city staff deserves the accolades.

Motion passed 7-0.

Cindy Jones was inadvertently left off the Citizen’s Public Comment Period. Jones introduced the Duncanville United Political Action Committee and stated that they were interested in the best interests for the citizens and their mission is: The mission of Duncanville United is to preserve economic growth, sustainable culture, and quality of life that is ever-present in Duncanville. We will ensure that our elected officials are held accountable, remain transparent and keep the best interests of the citizenry in the forefront. We believe that engaged citizens, regardless of age, race, and religion or financial means encourage a positive and vibrant united community. She stated that the group would be involved in the meetings, and would be supporting candidates for city offices.

8. Discuss and consider approval of Ordinance No. 2182 creating classified positions under civil service in the police and fire departments; providing for a pay scale under civil service; and repealing all ordinances in conflict herewith.

O’Leary explained that due to Civil Service Laws, the Police and Fire positions had to be voted on separately. Freeman explained that is simply funding a step raise that is already in place. Freeman moves with Thomas seconding, passes 7-0.

9. Discuss and consider approval of Ordinance No. 2183 approving and adopting a budget for the distribution of hotel/motel receipts for the year October 1, 2012 through September 30, 2013.

O’Leary explained that this also has to be voted on separately and items would be placed on future agendas, Harris makes the motion with Cooks seconding. Motion passes 7-0.

10. Discuss and consider approval of Resolution No. 2012-091810 adopting a master fee schedule.

Jameson moves to approve resolution with a change to section 2 to change the date from October 2011 to 2012, Jones seconds and the motion passes 7-0.

11. Public hearing to receive comments on the continuation of the City of Duncanville’s juvenile curfew ordinance.

Section 370.002 of the Local Government Code requires that cities review and readopt their juvenile curfew ordinance every three years.

Police Chief Robert Brown explained that the majority of juvenile crimes occur between 3pm and 6pm, but the hours of the ordinance are actually covering overnight hours and that there are defenses to the ordinance. Police have only issued 12 citations this year.

No other speakers and Cooks motioned with Jameson seconding to close the public hearing, passed 7-0.

12. Discuss and consider approval of Ordinance No. 2184 readopting, republishing and extending Ordinance No. 1385, as amended, codified as Chapter 12 of the Code of Ordinances, Article IX, Curfew Hours for Minors, for a period of three (3) years; providing a repealing clause; providing a severability clause; and providing an effective date.

Jameson moves to approve and Thomas seconds.

Freeman asked who the citation is issued to, Brown explains that the citation can be written to the juvenile, the parent, or to a business owner that allows the juvenile to be on the premises after curfew. Freeman also questions how many times a juvenile can be ticketed before escalation. Brown explains that the police work with the schools, the parents, and others to determine why the juvenile is unsupervised.

Jameson asks about juveniles in the parks after curfew hours. Brown explains that there are curfews in the park to address those concerns.

Freeman asks if the citizens should call the police if they see juveniles out after curfew, and Brown said yes.

Motion passed 7-0.

13. Discuss and consider approval of Ordinance No. 2185 amending the Code of Ordinances by amending Chapter 19, Traffic, Article VI, Stopping, Standing and Parking, Section 19-107, prohibited on specific streets, Subsection (69), Gemini Avenue; providing Severability, repealing and savings clauses; providing a penalty of fine not to exceed five hundred dollars ($500) for each and every offense; and providing an effective date.

Jameson motions to approve and Thomas seconds.

Freeman states that he has gotten calls of concern from the Bingo owner about trucks being parked in front of her business. O’Leary explained that this is per a request from Pioneer Foods and covers only space for one truck so that trucks for that location can get into that business.

Harris pointed out that this only covers Gemini, but Spaceway is available for truck parking.

Thomas asks the City Manager about trucks parking in Duncanville. Freeman and O’Leary explained that since this is an industrial area, large trucks can park in this area.

Hodge questions why some other areas on the map on Gemini are marked for no parking. Brownlee stated that those areas have been no parking areas from some time. Brownlee also stated that trucks parking along that area reduce visibility and it is a safety issue. Brownlee explained that trucks can park on the street in an industrial area.

Harris stated that she would like to see a map where trucks can park if other areas are addressed in the future.

Motion passed 7-0.

14. Discuss and consider approval of application form for hotel/motel tax funds.

Thomas stated that she would like to see a public purpose added to the form and what safeguards they would have in place while using the facilities/funds.

Hodge commented that the safeguards might be easier to be placed by the council and not from the applicant.

Cooks asked how we could track the economic impact to the city. O’Leary stated that this might be hard to do and information might not be available, that is the reason it was left off the form.

Hodge purposes that the money would be reimbursements and not grants prior to the event. She also suggested that the third page be eliminated and included on the first page.

Cooks questioned regarding the information about the hotels and motels being used and asking them to track the numbers during the event dates.

Jameson states that would be difficult to do if they were talking about an ongoing project and not an event, then it would be hard to tell the numbers of “heads in beds.”

Freeman asks if the applications will be accepted throughout the year.  O’Leary stated yes, and as long as funds are available the applications will be forwarded to the council.

Hodge asks the city attorney if a motion could be made that would cover the application being put into use after the city manager has made the changes and e-mailed it to the council, and attorney said yes. Freeman makes the motion, Thomas seconds. Motion passes 7-0.

15. Discuss and consider duties and appointment of members to the Duncanville Fieldhouse Task Force.

Moved to after the executive session.

16. Receive Capital Projects quarterly update.

Alley Improvements (Hill Terrace Drive/Cliffwood Drive) – Contract signed 02/20/2012, planned review 99% complete, bid opening tentatively scheduled for 11/08/2012.

Alley Improvements (Carder Street/Blueberry Drive) – Contract signed 02/20/2012, planned review 99% complete, bid opening tentatively scheduled for 11/08/2012.

Cedar Ridge Left-Turn Extension – Project completed 08/24/2012.

The Greene North Basin Drainage Improvements – Contract awarded by council on 04/17/2012, project is 99% complete.

Water Line Improvements FY13 Construction (West Red Bird Lane from N. Duncanville Rd to N. Main St.)  – Engineering being performed in-house, plans 50% complete, railroad permit required to bore under their right-of-way.

Water/Wastewater Improvements FY12 Engineering (Roma Drive between North Greenstone Lane and West Ridge Drive. Plans 99% complete, upgrade 6” cast iron water line to 8” PVC, Replaces 6” and 8” clay tile wastewater line with 8” PVC, construction deferred.

Bentle Branch TRA Relier Line (Parkview Drive, Lakeview Circle, Cedar Hill Road) – Project complete, pavement repairs needed at two locations on Cedar Hill Road.

Wintergreen Road Intersection Improvements Engineering (Main Street and Wintergreen Road) – Plans 60% complete, Dallas Water Utilities will install a large water pipeline on this project and will participate in right-of-way costs. Dallas County has prepared an interlocal agreement and is requesting City approval.

Freeman asks about any cost overrun, and Steve Miller explained that it would be divided between the three cities. Miller also stated that there has been talks about the Council of Governments absorbing the costs. Miller also explained that the estimates of costs were a little over a year old. Jameson questioned about any costs for eminent domain, and those costs are included. O’Leary stated that the Council of Governments has verbally committed funds for assistance.

Thomas asked what percentage of the road is in Duncanville, 15% with the majority of the balance is in DeSoto. Miller states our costs are approximately 5.7% of the total cost of the project, as the percentage for DeSoto and Cedar Hill.

Freeman points out that we are the last city to commit funds.

Hodge asks if any previous councils have voted to approve funds for this project, and Miller stated no. Hodge also asks how much of the road is in Duncanville now, and none of it is per Miller. Hodge questions why we are paying 5.7%, like the other cities, when we don’t have any of the roadway.

Thomas asked about the trees taken down on Camp Wisdom next to Los Lupes, and Miller explained that it would be a Jack in the Box, and that the one at Oriole and Camp Wisdom would be closing.

Eastbound IH-20 Service Road (From Main Street to Camp Wisdom Road) – Project justification still in Austin under review, project is in 2011-2014 Transportation Improvement Program, $5M RTR funds authorized.

Emergency Generator (Danieldale Water Pump Station) – Project awarded 05/01/2012, generator delivered 09/10/2012, project schedule to be complete by 10/28/2012.

17. Discuss and consider amending the DCEDC Bylaws regarding a possible change of regular meeting dates and notices for all DCEDC agendas.

O’Leary states that the new bylaws would allow the board to set a meeting day at their own discretion. O’Leary asked that someone make a motion that the board be allowed to determine the day of the week. Thomas motioned to remove any language regarding a meeting date and time, subject to the approval of the council. Freeman seconded.

Harris asks if they would be setting a particular day, or would it be leaving it open subject to change. O’Leary states he doesn’t think it means from week to week, or month to month. The intent is for the board to come up with a day they will meet on a regular basis.

Thomas, stated that as a safeguard she placed the approval of the council.

Motion passes 7-0.

18. Present, clarify, and discuss information regarding the September Library Advisory Board Meeting and email by Library Advisory Board Member Jeff Jones dated Wednesday, September 22, 2012 titled, “To all Concerned Parties.”

Item has been pulled

19. Discuss and take possible action regarding board members of the Duncanville Library Advisory Board.

Moved until after the executive session.

20. Discuss and consider appointment to the Parks and Recreation Advisory Board; and Board of Adjustment.

Moved until after the executive session.

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

Freeman – Information that apparently the Veteran’s Administration will be moving some of their offices to the City of Duncanville.

22. Recess into Executive Session in compliance with Texas Government Code Section 551.071(1) and (2) to meet with the City Attorney regarding pending litigation (DCEDC V. MARA, Inc.; Community Bank V. City of Duncanville, et. al.; Paul Ford V. City of Duncanville, et. al.).

Recessed into Executive Session at 8:33PM

After recusing herself during discussions regarding Paul Ford at the last meeting’s Executive Session, Thomas did not do the recuse herself at any point during this Executive Session.

Item 19. The council came back into regular session and began talks regarding the removal of Jeff Jones due to an e-mail sent out by Jones. During the deliberations, Freeman stated he was concerned about how e-mail addresses were gathered since he had received phone calls from people that had received the original e-mail and they were not familiar with Jeff Jones. Harris stated that she had reservations about removing someone from a board that had already served five years. O’Leary stated that some people believed that their privacy had been violated. Jeff Jones was present in the room, but at no time was asked to explain how he had obtained the e-mail addresses. The council voted 7-0 to remove Jeff Jones from the Library Board. Dallas Dickerson was nominated to fill the spot on the Library Board. Dickerson is a former member.

Item 20. Toby Young had resigned from the Board of Adjustments believing that he needed to do so for work reasons, only to find out he did not. The council had accepted his resignation, but then reappointed him to the board. For a position on the Parks and Recreation Advisory Board, Jameson nominated Herb Kamm and Freeman nominated Jennifer Fulbright. Votes for Kamm were 4 (Jameson, Thomas, Jones, and Hodge). Votes for Fulbright were 3 (Freeman, Harris, and Cooks). A motion was made by Jameson and seconded by Thomas to appoint Kamm to the Parks and Recreation Advisory Board the vote to approve was 5-1 (Freeman voting against) and one abstention (Harris).

The meeting was adjourned shortly before 10PM.