Recap of May 1, 2012 City Council Meeting

Filed under: City |

MEETING AGENDA TUESDAY, MAY 1, 2012
REGULAR MEETING – 7:00 P.M.
Council Chambers, City Hall
203 E. Wheatland Road

Mayor David Green – present
Mayor Pro Tem Johnette Jameson – present
Council At Large – Janet Harris – present
Council member Don Freeman – present
Council member Scott Cannon – absent (resigned)
Council member Leslie Thomas – absent
Council member Grady Smithey – present

AGENDA 

Meeting called to order at 7PM. 

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

Honor Bound Motorcycle Ministry

Mayor David Green presented the following proclamations:

  • A proclamation to the Honor Bound Motorcycle Ministry recognizing the month of May as Motorcycle Safety and Awareness Month.
  • A proclamation to Duncanville Police Department’s Officer Doug Sisk recognizing May 13-19 as National Police Week
  • A proclamation recognizing Rainbow at 319 S. Cedar Ridge as Keep Duncanville Beautiful Board Property of the Month
  • Proclamations recognizing the Month of May as Asian American and Pacific Islander Heritage Month and Jewish American Heritage Month

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

  • Nancy Smith spoke on agenda item #8 regarding traffic and parking issues with the new parking lot redesign at Ben Franklin. She also has concerns regarding a vacant lot being used as a dog walk and the number of people that currently reside at the residence and what issues would arise with an increase in the number of residents.
  • Bill Hawkins spoke regarding item #6 & #7. He is against granting the variance due to noise and lighting concerns and the use of alcohol.
  • Judy Richards spoke on the Homeowners Sewer Warranty Program (adopted by the council in September of 2011) and wanted to know if local businesses were given the opportunity to provide the warranty, and it should be open to all businesses to offer the service. (See the MyDuncanville.com article detailing the program)
  • Theresa Bryant spoke regarding item #8 and the parking issues and stated that there were two wrecks in that area during the past nine days due to congestion. She also said she was insulted that she was questioned about actually mailing her letter stating her objections.

CONSENT AGENDA

1C. Approval of minutes.

2C.Award of bid in the amount of $315,400 to MART, Inc. for the purchase and installation of an emergency generator for Danieldale Pump Station.

3C. Receive 2011 Annual Report of the Duncanville Community & Economic Development Corporation.

4C. Approval of 2012 Community Enhancement Program (CEP) of the Duncanville Community & Economic Development Corporation.
This item was pulled until a new city manager is on staff to review the information.

5C. Approval of discounted rental rate for use of Armstrong Park pavilion.

Motion was made and the four items were approved by a 5-0 vote.

REPORTS/RECOMMENDATIONS/REQUESTS

6. Public hearing to consider the request of Wilsonia Prichard, representing Destiny Ventures, LLC (Just Dance), tenant, to amend the existing Local Retail-2 zoning to include a Specific Use “SU” Permit to allow a party/event facility (indoor only) on Block B, Lot 11, of Duncanville Estates 1, more commonly known as 311 S. Cedar Ridge Drive, Suite 110.

Mike Brownlee, city staff, explained that Planning and Zoning had reviewed the plans and staff made several recommended conditions to consider:

  • No food preparation or food disposal at the location
  • Signs at all sinks prohibiting disposal food
  • A maximum occupancy set for specific approved floor plans
  • A Just Dance employee present during all events
  • City of Duncanville off-duty officers for any event in which alcoholic beverages are consumed
  • Closed on Sundays, open Monday thru Thursday until midnight and Friday and Saturday until 1AM.
  • other conditions

The Planning and Zoning Commission voted 2-2, so the motion failed.

Travis Townes spoke against the requested permit on the grounds that the business is close to a residential area and does not feel the business would lend itself to the “Perfect Blend of Family, Community, and Business.

Sonia Prichard spoke in favor of the permit as this would not be a club, but a dance studio that the owners would like to expand the business to offer an opportunity to bring more business.

Roy Boles spoke opposing due to the noise and complaints about loud music.

Dorothy Nance spoke against due to the location being right behind her home and she has concerns about alcohol being on site. Appreciates the owners wanting to bring the business to Duncanville, but feels it is the wrong location.

Wilsonia Prichard, managing partner, states that the company is family owned and looks for opportunities to bring service businesses to the community. Duncanville was chosen due to the demographics of the community and the mix of shopping, retail, restaurants, and community was the reason the location was picked. The services currently include group and private lessons, social dances, and exercise classes. They are asking for the SUP to provide additional services to accommodate wedding receptions, family gatherings, seminars, and others. She says the maximum occupancy is 150 people for these types of events, but doesn’t predict gatherings of that size. There would be no event past 1AM and there would always be staff on site to supervise the event and clean-up. She assures that they have taken steps to insure that all events would be contained inside the venue. She says that it really is about enjoying dance and that their customer base is the community of dancers and that they are all mature adults, with most being ages 38 and older.

Michael Zimmerman, shopping center owner, understands the concerns of the neighborhood and he would put no clubs in any of his shopping centers. He has lighting and security systems on site to watch the property and has clauses in his lease to remove a business that causes problems. He also feels this is a good mix for the center.

Keith Prichard is also a managing partner and addressed the concern of violence. He stated that Duncanville Police are frequently patrolling the area, and with his military background he is very concerned about crowd control. He also states that the sound system is designed so the speakers point to the front of the building and away from the neighborhood. They have turned the sound system all the way up and checked behind the building and the music could not be heard. He also said that they have personally invited the neighborhood to visit the location and see what the business is about and no one has responded.

The public hearing was closed by a 5-0 vote.

Janet Harris asked Wilsonia Prichard if she would still proceed if the use of alcohol was removed and she replied yes.

7. Consider directing staff on the request of Wilsonia Prichard, representing Destiny Ventures, LLC (Just Dance), tenant, to amend the existing Local Retail-2 zoning to include a Specific Use “SU” Permit to allow a party/event facility (indoor only) on Block B, Lot 11, of Duncanville Estates 1, more commonly known as 311 S. Cedar Ridge Drive, Suite 110.

This items was postponed until the May 15 meeting

8. Consider directing staff on the request of Zenovia C. Oancea of Zeni’s Care Home, owner, to amend the existing “NR” Neighborhood Retail Zoning to include a Special Use “SU” Permit to allow a convalescent home on Block I, west one-half of Lot 11, of the Original Town of Duncanville, more commonly known as 302 N. Hastings Street.

This items was postponed until the May 15 meeting

9. Public hearing to receive input concerning potential projects for the Community Development Block Grant Program for FY 2012.

Public Works director Steve Miller explained that the program had a very limited scope and uses, that are set to assist lower income areas.

Smithey expressed concern over the community being given enough information to be able to give input.

Jeff Burton stated that the city should do a better job of conveying the information to the public so that adequate community response could be made.

Jameson stated that the criteria for the grand was very specific regarding the area and type of project.

Freeman agrees that there isn’t enough information available to allow for adequate input.

James Hubener supports that use of funds for a code enforcement officer for those areas.

Judy Richards stated that the money should be used for street overlays and construction of curbs, gutters, and storm sewers.

Smithey asks if this is time sensitive and Miller stated that it was due to be approved and the next council meeting and sent to Dallas County the following day to meet the deadline.

Cindy Jones stated that since a code enforcement officer position has been funded for several years, that she did not want to see someone lose a job. She also asked if any additional money could be used toward Kidsville.

Mayor Green advised that Kidsville would not fit the scope.

Jameson asked that Chris Paris park be considered with any remaining funds and that it needs attention. Miller stated that Chris Paris park would fit the scope.

Public Hearing closed by a 5-0 vote.

10. Discuss and consider approval of a Utility Fund expenditure in the amount of $34,000 with Economists.com for a Water and Wastewater rate and cost allocation study.

Dan Jackson of Economists.com stated that the company had done two previous studies, in 2002 and 2007. That studies were needed due to the increase costs related to services and it was necessary for cities to look at the best way to cover those costs with the least impact to the ratepayers.

Jackson stated that if the item were approved by the end of May, the study could be conducted for the council to use during the budgeting process.

Janet Harris questioned why another study was necessary since the 2007 study was supposed to be for ten years. Jackson stated that even though it was a 10-year projection, that after 3-5 years the study needed to be evaluated to see what economic changes effected the projection and to see if the projections were still accurate.

A vote on this item was postponed.

11. 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 announced that the Golden Chicken restaurant on Cedar Ridge is due to open on Thursday. He also asked Police Chief Brown to read a letter that Brown had received from the Institute for Law Enforcement Administration had sent recognizing Lt. Mark Livigni who distinguished himself in the recent class.

Smithey recognized the passing of city employee Brenda Kyle and former Duncanville coach George Whitley.

12. Recess into Executive Session pursuant to Government Code Section 551.074, Personnel, to deliberate employment of a City Manager.

Meeting was recessed into Executive Session at 8:32PM

13. Discuss and consider approval of employment contract with Dan O’Leary for City Manager.

Council approved the motion to extend a contract to Dan O’Leary for the position of City Manager.