Recap of June 5, 2012 City Council Meeting

Filed under: City |

Council Chambers, City Hall
203 E. Wheatland Road

In attendance:

Mayor David Green
Mayor Pro Tem Johnette Jameson
Member at Large Janet Harris
Member Don Freeman
Member Dr. Stephen Jones
Member Leslie Thomas
Member Grady Smithey


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

Mayor David Green presented proclamations recognizing Older Americans Month and the Best Southwest Juneteenth Celebration.

The Keep Duncanville Beautiful Board presented Curb Appeal Awards to residences in the following areas:

  • District 1: 1800 Green Tree Lane
  • District 2: 123 Willowbrook Drive
  • District 3: 622 E. Center Street
  • District 4: 811 Athenia Way
  • District 5: 903 Georgeland Drive

In the Citizens Public Comment Period, Ken Woods representing Help is Here. The organization provides meals to under privileged children and has worked through the Duncanville Recreation Center for the past 3-4 years and was informed today that they would have to shut down operations for the next two weeks until the council could look into service. City Manager Daniel O’Leary advised that he had called the organization and would have the item for discussion at the next council meeting. Woods advised that they are approved through the USDA and had never had issues before.


lC. Approval of minutes.

2C. Approval of an expenditure in the amount of $351,303.75 (Utility Capital Improvements Fund) for 6″ wastewater line replacement services by pipe bursting with Insituform Technologies, Inc. through the Texas Local Government Purchasing Cooperative.

3C. Approval of a professional services agreement and a Utility Fund expenditure in the amount of $52,990 with Burgess & Niple, Inc. for FY 2011

Freeman moved to approve the consent items, with Smithey seconding. Motion passed 7-0.


4. Consider approval of Ordinance No. 2174 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 (“LR-2”) on Block B, Lot 11, Duncanville Estates I, more commonly known as 111 S. Cedar Ridge Road, Suite 110; providing severability, repealing and savings clauses; providing a penalty of fine not to exceed two thousand dollars ($2,000) for each and every offense; and providing an effective date.

Freeman moved to approve with Harris seconding the motion. Motion passed 7-0.

5. Public hearing to consider the request of Saad Bairuty of SB Commercial, representing Kerat Building, LLC, owner, to amend the existing “GR” General Retail zoning to include a Specific Use “SU” Permit to allow a flea market (indoor only) on a portion of Block A, Lot 2A, of Mower World Addition, more commonly known as 435 E. Danieldale Road.

Mike Brownlee, Assistant Public Works Director, advised that the Planning and Zoning Commission made a positive recommendation for a 5-year “SU” Permit for a period of 5 years, with two (2) five year options. Harris questioned what type of items would be sold at the location. Brownlee advised that, according to what was presented, that the term flea market did not adequately describe the proposal, but that was the only description available in the code. The owners would be selling new items, and would have a variety of smaller businesses located inside the building. Two people spoke in favor, Saad Bairuty, who would be handling the leasing, and the owner/developer Raid Ibraheem. Both advised that they would be upgrading the parking lot to all concrete, and had spent over 500K in upgrades to the building; including lighting (inside and out) pain (inside and out), flooring, and security systems. They also advised that tenants would be signing a year lease and in the beginning, they would only be open Thursday through Monday. Mohamad Shawky, representing the Duncanville Islamic Center, spoke against the development due to safety concerns for those attending the center, especially the children. Smithey moved to close the public hearing, with Freeman seconding. Motion passed 7-0.

6. Consider directing staff on the request of Saad Bairuty of SB Commercial, representing Kerat Building, LLC, owner, to amend the existing “GR” General Retail zoning to include a Specific Use “SU” Permit to allow a flea market (indoor only) on a portion of Block A, Lot 2A, of Mower World Addition, more commonly known as 435 E. Danieldale Road.

Freeman motioned to approve the request, with the stipulation of one year, with 2 five year options, that the parking lot be repaired to a concrete parking lot, and security guards be onsite during business hours. Harris seconded.

Harris restated that the new owners had plans to complete renovate, including paint, lighting, flooring, a/c units, renovate and add restrooms, but she had concerns about possible restaurants. Brownlee advised that Building Officials had met with the owners to insure the codes were being followed. Smithey stated he had come prepared to vote against this, but if the owners will carry through with what they said then he could support it. Thomas stated that this was in her district and she was not prepared to lower the standards by voting to grant the request. Freeman stated that this is a gateway to the city and it is currently an eyesore and the owners want to improve the parking lot and since they will be selling new items, he believes it’s a wonderful opportunity.

Jameson stated she doesn’t support the motion and thinks the council should “raise the bar.” Jones went to Garland and visited the business the requestors presented as a model. He stated that the outside was nice, but the inside did not present quality items. The owners assured they would be very selective about tenants and the quality of vendors. Harris had concerns about this being the first local venture of this type for the owner/developer. The developer stated that he had done the concept overseas, but this was his first locally, but the concept had worked very well.

Smithey reminded the council that this was a one-year approval, with two 5-year renewals and that if they did not meet the requirements, then the renewals would not be granted.

Jones again stated his concern about merchandise quality.

The motion was approved 4-3 with Jones, Thomas, and Jameson voting against.

7. Receive Capital Projects Update.

  • Alley improvements on Hill Terrace/Cliffwood Drive are 60% complete through plan review.
  • Alley improvement on Carder Street/Blueberry Drive are 60% complete through plan review.
  • Cedar Ridge left-turn extension from Middale Road to Pelt Place is expected to be completed by July 31, 2012.
  • Water/Wastewater improvements on Roma Drive between N. Greenstone Land and West Ridge Drive engineering plans to be reviewed June 18, 2012.
  • Bentle Branch TRA relief line project is complete with only punch list items remaining.
  • Wintergreen Road intersection improvements engineering at Main Street and Wintergreen; plans are 60% complete. The funding summary shows that there is a $630,000 shortfall, but NTCOG will have the funds to complete.
  • Eastbound IH-20 Service Road from Main Street to Camp Wisdom Road is still in Austin, but $5M RTR funds have been authorized.
  • Emergency generator for the Danieldale Water Pump Station. Project awarded and a preconstruction meeting held on May 25, 2012.
  • The Greene North Basin drainage improvements contract was awarded April 17, 2012, preconstruction meeting May 17, 2012 and work schedule to begin June 4, 2012.

8. Consider approval of Resolution No. 2012-060508 supporting a currently planned freeway project with tolled bridges and continuous service roads, suggesting a name change from “Loop 9” to “Southern Beltway”, and encouraging the purchase of necessary right-of-way.

Smithey requested this item on the agenda. Smithey advised that TXDOT had cut back the width of the right-of-way needed and proposed the use of toll bridges, freeways and continuous service roads for the 37 mile strip. Smithey moved for approval with Green seconding.

Citizen James Hubener spoke against the resolution due to the contention created by those directly affected by displacement due to the right-of-way needed and that it doesn’t directly relate to the business interest of Duncanville.

Smithey advised that the other communities directly affected by the highway have already approved similar resolutions.

Thomas doesn’t feel that Duncanville needs to involved in something so politically charged and Jameson agreed.

Smithey advised that this does directly affect Duncanville as it involved traffic relief on IH-20.

Motion failed with a vote of 5-2 with Green and Smithey voting for the resolution.

9. Consider approval of Resolution No. 2012-060509 endorsing the Interstate Highway 30 and Interstate Highway 35 improvement plan known as the Horseshoe Project, specifically the Trinity Tollway portion thereof, and urging the Texas Department of Transportation, the North Texas Tollway Authority, and the City of Dallas to move forward as rapidly as possible with its construction.

Smithey asked for this item on the agenda and stated that this does directly affect the citizens of Duncanville as it would expand the traffic lanes along IH-35 from downtown Dallas to Hwy 67 with the use of toll roads. Smithey advised that the Dallas Mayor and the majority of the council approved the construction. Smithey motioned for approval and Green seconded.

Jameson presented a newspaper article where the Dallas Mayor was asking for more information and was now concerned about how much benefit the toll road would give to the citizens.

Freeman stated that he was against any toll roads.

Smithey stated that the roads would need to be built to provide any relief to the citizens.

Jameson advised that TXDOT does what is voted upon by the taxpayers and does not promote projects.

Smithey said that eleven days ago the Dallas Mayor advised he supports the toll roads, and the majority of the Dallas City Council does as well.

Citizen James Hubener said that he is against the resolution due to the fact that Dallas has not made a decision yet.

Smithey said that the resolution is simply showing support.

The motion failed by a vote of 5-2 with Smithey and Green voting for.

10. Discuss City of Duncanville’s selection as a KaBoom! playground site location.

Shane Gravens, Parks Director, told the council that the city had been awarded a playground and would be built by community volunteers on September 15, 2012 in a one-day build. In mid-July they would be holding a design day and include input from children for the 2,500 square foot playground. Interested volunteers were asked to call Gravens at 972-780-5076.

Smithey complimented the city staff for getting this done.

11. Consider action regarding cell phone reimbursement in the amount of $1 ,660 requested by Scott Cannon.

Smithey advised he could not support this request. Freeman agreed and moved to deny with Harris seconding. The motion to deny passed with a 7-0 vote.

12. Discuss and consider action regarding request of Hollywood Park Homeowners Association for use of meeting space.

Charles Freeman, representing the Hollywood Park Homeowners Association requested the use of space at either the Library Meeting Rooms or the upstairs area of the Duncanville Fieldhouse to hold a candidate’s debate and question & answer session involving the candidates in the runoff election for Mayor and representation of District 4. In the past, the city has allowed the Hollywood Park HOA one free use of a city building for this event. Smithey advised that the opportunity for citizens to meet the candidates fulfilled the public purpose.

Jameson asked the city attorney to explain if this met a “public purpose.” The attorney, William Krueger III, advised that there were a couple of issues. This included the lack of a definition for a homeowners association and would this open it up to other groups demanding the same benefit, and  the lack of a working definition for “public purpose.”

Smithey asked if the HOA preferred the library or fieldhouse locations and Freeman advised that they fieldhouse had more available dates and more room should citizens from outside the HOA wish to attend since this involved a city-wide race and a district race.

Jameson now expressed concern that since this would be a city-wide event that it no longer fit their request and asked the attorney for a ruling. The attorney basically stated that there were issues, but the council was taking this on a case by case basis until definitions were established.

Charles Freeman stated that they wanted to offer an un-biased forum due to the runoff election and offer an opportunity to meet with and talk to the candidates.

Jameson asked Deborah Hodge (Mayoral Candidate) if she had been approached and she stated that she was given a specific date and was available for that day only and would not be available in other evenings.

Harris amends the motion to allow the usage for Hollywood Park HOA only, and not district or city wide.

That amended motion passed 5-2 with Freeman and Jameson voting against.

13. Discuss and take possible action on an ordinance providing that only officials, elected or appointed, or employees paid or volunteer, may officially speak or lobby in the name of the City of Duncanville with the explicit authorization of the City Council.

The City Attorney advised during the briefing session that this item should be tabled to allow him time to work on the wording of such an ordinance due to legal ramifications. Jameson motioned to postpone until the next meeting with Freeman seconding. Motion passed 7-0.

14. 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 welcomed new City Manager Daniel O’Leary.

Jameson also welcomed O’Leary and new Councilmember Dr. Stephen Jones.

15. Recess into Executive Session pursuant to G.C. Section 551.071(1), Consultation with Attorney, regarding pending or contemplated litigation (Community Bank v. City of Duncanville; Paul Ford v. City of Duncanville; Otto Caldwell v. City of Duncanville) and G.C. Section 551.071(2), Consultation with Attorney to seek legal advice regarding personnel issue.