Recap of City Council Meeting – September 4, 2012

Filed under: City |

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 7:05PM

Duncanville City Council
Tuesday, September 4, 2012
Regular Meeting – 7:00 PM
Council Chambers, City Hall 203 E. Wheatland Road

Revised Agenda

Invocation
Pledge of Allegiance
Mayor’s Report

Hodge reported on providing the warranty on the water/wastewater lines from the home, that there will be another company offering those services.

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

Cindy Jones – commented on the conflict of interest showing that there is now a conflict of interest between Thomas and Paul Ford as she is now representing Paul Ford as an attorney as of August 28, 2012. Jones asks that Thomas resign. She also stated that she feels that the council should not settle with Ford and that the whole situation is inappropriate.

Carol Leach – commented on being a nature lover and have always been impressed by the parks and that the parks is  reflection on former Parks Director Shane Gravens, who was fired after over 25 years of service. She is at the meeting asking her elected representative for an explanation.

CONSENT ITEMS

1C Approval of minutes as amended.

2C. Approval of the Household Hazardous Waste Interlocal Agreement between Dallas County and the City of Duncanville and a Solid Waste Fund expenditure in the amount of $74,500 for participation in the Household Hazardous Waste Network for FY 12-13. (pulled from the agenda for tonight)

Jameson motioned and Thomas seconded. Motion passed 7-0.

REPORTS/RECOMMENDATIONS/REQUESTS

3. Public hearing to consider the request of Pamela Foto—DaSabe of La Soiree DFW, owner, to amend the existing “C-1” Light Commercial zoning to include a “SU” Specific Use Permit (indoor party and rental facility) on Lot 16A, Block C, Crestview Addition, more commonly known as 608 Crestside Drive.

Public Works Director Mike Brownlee explained that the applicant is requesting a special use permit for an indoor party and rental facility. Eighteen notices were sent out, only four came back negative (with two from the same address).  The area is essentially commercial zoning, as well as the zoning in front and behind the building is commercially zoned. The building will be completely re-landscaped, and the parking lot is built, and six additional spaces will be added to the existing lot. The building will have a sprinkler system added for fire protection, and security will be on-site during events. In addition, an off-duty police officer will be on site. There will be no on food preparation on-site. The Planning and Zoning Commission passed 4-0. The maximum occupancy for the building will be 192 persons.

James Wheeler spoke in regards to a working relationship with the applicants and that this business is necessary for Duncanville. Asks that the city would allow them to continue with the positive aspects of the business. He also asks that the council humble their reservations and allow the facility and event center to operate.

The applicant’s representative James Gleason is a long time resident of Duncanville. Gleason stated that the owners have put a lot of effort into the building and are ready to do more. This is an upscale facility in an industrial/commercial park.

Robert Brown, neighbor of the applicant, doesn’t see the problem with permit. Brown owns the building across the street and next door and agrees.

David Newhouse, business owner on Hwy 67, is very familiar with the owners and the building. The owners have improved the building and the parking lot. The owners have tried several businesses there. He asks the council to be more business friendly and allow businesses to be able to advertise their businesses.

Bernard Page, business owner on Hwy 67, spoke in favor of the special use permit.

Rosa Hampton, neighbor of the owners, spoke as to the hard work the applicants have put in to the location. She spoke on the number of people the business would draw into Duncanville.

Jeff Burton was on the Planning and Zoning Commission when the owners first approached and stated that the business owners complied with every request.

Another neighbor spoke in favor of the request.

Barbara Newhouse, looking for a place to fulfill a ministry need, and the owners have agreed to assist in allowing them to meet there.

A family friend spoke on how the building looked when they first bought it, and how it looks now. He is also a pastor, and has used the building for his church. Moved his church to Duncanville because of the building.

Cooks motions and Freeman seconds to close public hearing, passes 7-0.

4. Consider directing staff on the request of Pamela Foto-DaSabe of La Soiree DFW, owner, to amend the existing “C-1” Light Commercial zoning to include a “SU” Specific Use Permit (indoor party and rental facility) on Lot 16A, Block C, Crestview Addition, more commonly known as 608 Crestside Drive.

Thomas asks City Manager Dan O’Leary regarding the November 2011 Occupancy Permit and now a Special Use Permit is being requested now. Brownlee explained that in 2009 they asked for a SU permit and were denied. In 2011 they asked for a change from a convenience store. Brownlee explained that once the applicant found out that they could not hold events, they no longer scheduled events and asked for the Special Use Permit. Thomas talked to the residents in the area and they were concerned about having to call police due to loud noise complaints in February 2012. The neighbors complained about parking, loud noises, littering, and other complaints. While meeting n person the residents told Thomas that they weren’t against the facility, but are concerned about noise, vandalism, and persons have sex in the street. Other businesses would prefer that the neighborhood remain quiet and low-traffic.  Thomas requested the same restrictions at the event hall on Cedar Ridge; no alcohol in parking lot, police officer on duty, and three validated complaints and the building would revert back to original zoning.

Harris had questions for the owners. Harris asked about what other events would be held there besides church related events. She asked specifically about teenage parties. The owners advised that there would be all types of events. Any events that included minors would require chaperons and security. Harris asked about additional parking needs once the parking lot is full. Owners stated that they would tell the clients that street parking is not permitted. Owners also stated that the 4AM time is set to allow for cleanup. The parties would be stopped at 2AM and allow two hours for cleanup.

Freeman states he sees the need, and that he likes the location and that it is out of the way.

Cooks asked if the owners would be on site. The owners stated that they would have security on site, but owners will not be on site. Cooks asked if the owners would be inspecting the grounds after the parties. The owners stated that they would be inspecting the following morning and that part of the deposit from the client would be forfeited. Cooks asked Police Chief Brown if he was familiar with any calls, Brown stated he wasn’t and that he wasn’t prepared and didn’t look up the address.

Harris commented on having been at the facility and that she was impressed and would be supporting the request with the stipulations.

Jameson clarifies the three validated complaints in one year, no congregating in the parking lot, and a one-year permit with a review in one-year at no fee to the owner. Jameson also questioned about the 2AM time. The owner states that the 2AM is used to allow the clients to have full use of the facilities.

Harris also questioned Chief Brown about when a party would be shut down. Brown stated that there are different circumstances at each location. Generally speaking, if the police are having to continually respond to a location, then the actions of the police would be stronger.

Hodge asked if there is a zoning in place to meet this. Brownlee advised that this requires a special use permit.

Freeman moves that we accept the zoning change with the stipulations brought up by the council; three legitimate complaints in one year, no congregating in the parking lot, no alcohol in the parking lot, a one-year permit. Thomas amended the motion to restrict hours Sun-Thurs with an earlier closing time, Jameson seconded the amendment, while Harris had seconded the original motion. By a vote 4-3 the amendment passed with Thomas, Freeman, Hodge and Jameson voting for. Freeman’s motion passed 7-0 to have council prepare an ordinance.

5. Discuss and consider appointment of citizens to the City Council Audit Committee.

Pulled

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

Cooks encouraged citizens to apply for the Fieldhouse Task Force

7. Recess into Executive Session in compliance with Texas Government Code Section 551.07l(l) and (2) to meet With the City Attorney regarding (1) DCEDC v. MARA, Inc., (2) Community Bank v. City of Duncanville, et. al., and (3) confidential police expenditures and Texas Government Code Section 551.074, Personnel, to discuss appointments to the Board of Adjustments.

8:30PM recessed into executive session.

8. Reconvene into Regular Session and consider appointments to the Board of Adjustments.

10:01 back in session.

Jameson moves Ron White and multiple seconds. Passes 7-0.

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

No action taken. Meeting adjourned at 10:02.