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Home My WebLink About1993-09-14 �... MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL SEPTEMBER 14, 1993 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, September 14, 1993, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh and Council Members Frank Douglass, Todd Smith, Charles Miller, and Henry Boatright. Precouncil discussion was held on agenda items and other scheduled items. The City Council met in Executive Session to discuss pending litigation, land acquisition and personnel as authorized the Texas Government Code, Sections 551.071, 551.072 and 551 .074. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:00 p.m. for the consideration of scheduled items. Staff Members Present Tom Hart, City Manager; Susan Crim, City Secretary; James Cribbs, City Attorney; Joe Hennig, Assistant City Manager; K. B. Fuller, Police Chief; Debra Forte' , Director of Fiscal and Human Resources; Randy Byers, Director of Public Works and Development; Tom Cox, Director of Administrative Services and Economic Development; Rod Tyler, City Planner; Modesto Mundo, Assistant to the City Manager; Clyde Cullum, Reserve Police Officer; Michelle Wyman, Recycling Coordinator; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Billy Owens, Planning and Zoning Commission; Bill Byers, Historical Preservation Committee; Katie Matzke, Chairperson, Advisory Board for Social Concerns; Gary Terry and Vickie Peterson, Southwestern Bell Telephone; other visitors as noted on the Visitor's Register PLEDGE OF ALLEGIANCE Councilman Todd Smith led the Pledge of Allegiance. INVOCATION Councilman Henry Boatright gave the invocation. REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 2 CONSENT AGENDA ism Councilman Smith moved to approve Items 1 through 3 on the Consent Agenda as follows: ITEM NO. 1: APPROVAL OF RESOLUTION NO. 93-824 Resolution No. 93-824, amending Resolution No. 93-821, to correct the date for the last day to file for a place on the ballot to be September 20, 1993, in the November 2, 1993 Special Election to fill Place 5 on the City Council. ITEM NO. 2: AWARD OF BID NO. 93-16 Award Bid No. 93-16 to DPC Industries, Inc. for 100% Gas Chlorine for disinfection of drinking water in the amount of $8, 121. ITEM NO. 3: APPROVAL OF MINUTES a) Minutes of Regular Meeting of August 10, 1993 b) Minutes of Regular Meeting of August 24, 1993 Councilman Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 4: APPROVAL OF SIGN VARIANCE (#93-07-SV) Mr. Jim Smelcer, Project Manager for Long John Silver's requested a variance for an off-premise sign to be located at the new entrance to their facility off Highway 10 at 116 W. Euless Boulevard. Mr. Rod Tyler, City Planner, explained that the proposed sign is 129 square feet in area and 28 feet high, which meets the requirements for an on-premise sign. The request for this variance is similar to that granted to Home Depot where there is an off-premise sign on an access easement to Airport Freeway. Councilman Miller moved to approve a request for sign variance #93-07-SV for an off-premise sign for Long John Silver's at 116 W. Euless Boulevard. Councilman Boatright seconded the motion. Councilman Douglass asked Councilman Miller if he would add to his motion that the sign will be owned and maintained by Long John Silver's and as long as they lease the property the sign can remain, but will be removed when and if Long John Silver's vacates their present location. Councilman Miller indicated he had no problem with adding that to the motion, but after discussing lease provisions with Mr. Bill Byers, owner of the property, and Mr. Jim Smelcer, Long John `" Silver's, Mr. Miller felt comfortable with the motion as first stated. REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 3 Mayor Saleh told Councilman Douglass that he could amend the motion later, but Councilman Miller did not wish to change his motion. Imo Ayes: Council Members Smith, Miller, Boatright and Mayor Saleh Nays: Council Member Douglass Mayor Saleh declared the motion carried. Mr. Cribbs clarified that the 3/4 vote necessary to grant the variance is based on the number of members present at a meeting, not the number of members currently serving. Councilman Douglass moved to amend the motion to add that the sign will be owned and maintained by Long John Silver's as long as they lease the property and upon Long John Silver's terminating the lease, they will be responsible for removal of the sign. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1119 Councilman Douglass moved to approve the first and final reading of Ordinance No. 1119 adopting the 1993 Tax Roll . Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 6: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1118 Councilman Miller moved to approve the first and final reading of Ordinance No. 1118, adopting the 1993 tax rate at $.618617. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 4 ITEM NO. 7: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1117 Councilman Douglass moved to approve the first and final reading of Ordinance No. 1117, adopting the Fiscal Year 1993-94 Budget and amending the Fiscal Year 1992- 93 Budget. Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1120 Councilman Smith moved to approve Ordinance No. 1120, creating a Municipal Court of Record Number 1. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9: AUTHORIZING MAYOR TO NEGOTIATE AND EXECUTE A CONTRACT FOR CITY OF EULESS MUNICIPAL COURT OF RECORD NUMBER 1 JUDGE Councilman Douglass stated that he would prefer to have had the voters make a decision on whether or not the judge would be a council appointment or elected by the citizens of Euless. Councilman Miller moved to authorize the mayor to negotiate and execute a contract for office of Judge for Court of Record Number 1 . Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10: APPOINTMENT OF COURT CLERK AND DEPUTY COURT CLERKS FOR MUNICIPAL COURT OF RECORD NUMBER 1 Councilman Boatright moved to appoint Teresa Britt Court Clerk for the Municipal Court of Record Number 1 and Diana Kopecky, Roslyn Moore, Emily Murphy and Bridget Long as Deputy Clerks. REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 5 Councilman Douglass seconded the motion. `r Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11: AUTHORIZE CITY MANAGER TO AWARD CONTRACT FOR CITY AUDIT Councilman Smith moved to authorize the city manager to negotiate and execute a contract for city audit to Weaver and Tidwell in the amount of $28,000. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12: APPROVAL OF RESOLUTION NO. 93-823 Councilman Douglass moved to approve Resolution No. 93-823, supporting a contractual agreement with the Texas Water Commission and the North Central Texas Council of Governments to receive grant funds for used oil recycling. Ira Councilman Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REPORTS a) City Manager Mr. Hart reported on a mishap on Westpark Way involving a fire truck. A fireman was slightly injured. b) City Attorney Mr. Cribbs had nothing to report. c) Staff A staff report was not given. REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 6 d) City Council Councilman Miller stated that he had taken a tour of DALTEX Technologies with Mr. bow Cox and Ms. Thompson. Mr. Miller attended the H-E-B Chamber Affair. Councilman Boatright regretted that he was unable to attend the H-E-B Affair because of a prior commitment. Mayor Saleh complimented the Police Department on their Concerned Apartment Managers program to encourage sharing of information on a variety of apartment- related topics. Mayor Saleh noted that the Fall Music Festival will be held September 23, 24, and 25 in the Villages of Bear Creek Park Amphitheater. UNFINISHED BUSINESS ITEM NO. 14: REMOVE FROM THE TABLE THE SECOND AND FINAL READING OF ORDINANCE NO. 1093, FRANCHISE CONTRACT WITH SOUTHWESTERN BELL TELEPHONE COMPANY (Note: The second and final reading of Ordinance No. 1093 was tabled at the December 8, 1992 regular meeting. ) Councilman Boatright moved to remove from the table the second and final reading of Ordinance No. 1093 and amend the franchise agreement for a one-year extension. Mayor Saleh pointed out that the proper motion at this time is to remove Ordinance No. 1093 from the table. Councilman Boatright agreed to delete from his motion the portion regarding amending the franchise agreement. Councilman Smith seconded the motion to remove Ordinance No. 1093 from the table. Ayes: Council Members Smith, Boatright and Douglass Nays: Council Member Miller and Mayor Saleh City Attorney Cribbs stated the motion required four votes to pass. Mayor Saleh declared the motion was denied. City Attorney Cribbs encouraged the Council to take action on the franchise agreement since the present franchise expires October 14, 1993. Councilman Miller moved to reconsider the motion just denied and to remove Ordinance 1093 from the table. Councilman Douglass seconded the motion. Ayes: Council Members Miller, Boatright, Douglass, Smith and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR COUNCIL MINUTES SEPTEMBER 14. 1993 PAGE 7 ITEM NO. 15: CONSIDER SECOND AND FINAL READING OF ORDINANCE 1093 Councilman Boatright moved that the existing Southwestern Bell franchise agreement be substituted for Ordinance 1093 to extend for a period of 12 months, following approval. Councilman Smith seconded the motion. Discussion took place between Council and Mr. Gary Terry and Ms. Vickie Peterson, Southwestern Bell representatives. Councilman Smith stated that Ms. Peterson had made a verbal agreement to a 12-month extension during pre-council session and asked City Attorney Cribbs to prepare a written opinion on the validity of that agreement. Mayor Saleh called a recess at 8:15 p.m. The meeting was reconvened at 8:30 p.m. Attorney Cribbs advised Council that if the present motion passes, there would be a legal question as to whether or not the city can hold Southwestern Bell to a 12-month extension based on Ms. Peterson's comments during pre-session. Mr. Cribbs advised Council regarding their options on the motion before them: approve, reject or table, pending a response from Southwestern bell on an extension. Councilman Smith moved to amend the motion as follows: "Accept Southwestern Bell's offer for a one-year extension of the existing contract subject to a legal opinion from our city attorney supporting our position on that issue and should such an opinion not be forthcoming, authorize city management to negotiate an extension with Southwestern Bell for a mutually agreeable extension." Councilman Boatright agreed to the amendment of his motion. Vote on amendment to main motion: Ayes: Council Members Douglass, Smith, Miller, Boatright and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. Mayor Saleh asked the city secretary to read the motion as amended: "The existing Southwestern Bell franchise agreement be substituted for Ordinance 1093 to extend for a period of 12 months, following approval and accept Southwestern Bell's offer for a one-year extension of the existing contract subject to a legal opinion from our city attorney supporting our position on that issue and should such an opinion not be forthcoming, authorize city management to negotiate an extension with Southwestern Bell for a mutually agreeable extension. " City Manager Hart asked Ms. Peterson if the franchise agreement took two weeks beyond October 13, 1993 to be properly executed, would that time lapse be covered by Southwestern Bell . Ms. Peterson replied that it would. Vote on motion as amended: Nom REGULAR COUNCIL MINUTES SEPTEMBER 14, 1993 PAGE 8 Ayes: Council Members Douglass, Smith, Miller and Boatright Nays: Mayor Saleh Mayor Saleh declared the motion carried. ADJOURNMENT Mayor Saleh recessed the meeting into Executive Session at 8:45 p.m. After reconvening into regular session and there was no further business before the City Council, the meeting was adjourned at 9:20 p.m. APPROVED: L—DlaA-. / dgav Mary L`ib Saleh, Mayor ATTEST: er".■ _ sa Crim, c C, City Secretary Nom /WP51/MINUTES/9-14-93.MIN