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HomeMy WebLinkAbout1994-06-28 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL June 28, 1994 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, June 28, 1994, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Frank Douglass, Todd Smith, Charles Miller, Glenn Walker and Henry Boatright. Precouncil discussion was held on agenda items and other scheduled items. The City Council met in Executive Session to discuss contemplated litigation, land acquisition and personnel matters as authorized by the Texas Government Code, Chapter 286, 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 the scheduled items. Staff Members Present Tom Hart, City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Debra Forte', Director of Fiscal and Human Resources; Tom Cox, Director of Administrative Services and Economic Development; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Andrea Baxter, Assistant City Engineer; Rod Tyler, City Planner; Modesto Mundo, Assistant to the City Manager; Michelle Wyman, Community Affairs Administrator; Clyde Cullum, Reserve Police Officer; Cathy Maggio, Assistant to the City Secretary Visitors Billy Owens, Planning and Zoning Commission; Boyce Byers, Economic Development Advisory Board; Jack Hill, Zoning Board of Adjustment; Ray Saleh; Susan Hart; Peggy Skinner; Paula McKamie; Bill Staub; Kent Marsh; Boyd and Lillie Harris; Lauralee Hams; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Councilman Miller led the Pledge of Allegiance. INVOCATION Mayor Saleh gave the invocation. COUNCIL MINUTES JUNE 28, 1994 PAGE 2 ITEM NO. 1: PRESENTATION OF 10-YEAR SERVICE PIN Mr. Randy Byers, Director of Public Works and Development introduced Bill Woods, Equipment Operator, Public Works. Mr. Woods introduced his daughters, Sara and Stephanie. Mayor Saleh presented Mr. Woods with a 10-year service pin and thanked him for his years of service. ITEM NO. 2: CONSIDERATION OF ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN EXECUTIVE SESSION AS AUTHORIZED BY CHAPTER 268, SECTION 551.102 OF THE TEXAS GOVERNMENT CODE No action taken. ITEM NO. 3: REPORT ON RESPONSE OF CITY OFFICIALS TO STATEMENT OF FORMER EULESS EMPLOYEE, K. B. FULLER, MADE TO THE CITY COUNCIL ON MAY 10, 1994 Mayor Saleh read the following statement from the Council in response to allegations made by former Police Chief K. B. Fuller in his May 10, 1994 statement to the City Council. "The Euless City Council has done an informal but thorough investigation into the allegations made by former Police Chief K. B. Fuller in a statement to the Euless City Council on May 10, 1994. All relevant documents pertaining to these matters are r... available to the public. After considering all the allegations made by former Chief Fuller in his statement and all of the facts obtained in the investigation by the Euless City Council, it is the unanimous opinion of the Euless City Council that it is unnecessary and would be wasteful to hire a third party investigator to do any further investigation of these matters. The Euless City Council strongly believes that any member of the public who is interested in this particular subject will agree with the decision of the Euless City Council if they examine all the information and documents available to the public. The City Council does not believe that there is any credible evidence that suggests that either City Manager Tom Hart or former Police Chief K. B. Fuller did anything illegal or improper. Certain Council Members do not agree, however, that the former police chiefs removal was handled in a manner befitting an 18-year employee of the city, or that sufficient effort was made to find Fuller alternative employment with the city. As far as the underlying decision of the city manager to replace the Chief of Police, the council believes that that decision is clearly within his discretion as city manager as stated in the Euless City Charter. The evidence suggests that the City Manager exercised his discretion to resolve a personnel problem which arose during his administration and the City Council finds no reason to disturb that decision." ITEM NO. 4: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1142 Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1142, approving TU Electric Company's proposed rate package consisting of four new tariff schedules: Rider ED- Economic Development Service; Rate GC-General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; Rider ET - Environmental Technology Service. COUNCIL MINUTES JUNE 28, 1994 PAGE 3 __ Councilman Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: AUDIENCE REQUESTED BY LAURALEE HARRIS OF NETS Ms. Lauralee Hams, Branch Director, Northeast Transportation Service (NETS) requested the city to continue its membership for the coming year. Membership would continue at $.35 per city resident ($13,352). Mr. Boyd Harris, 222 Manchester, #70, Euless, addressed the Council and asked them to continue the city's membership in NETS. No action was taken. ITEM NO. 6: AUDIENCE REQUESTED BY ROBIN McGOWAN Ms. Robin McGowan, 901 Roaring Canyon Road, Euless, Texas, addressed the council regarding the park and amenities to be placed in the park in Bear Creek Bend II development by the builder, Pulte Homes. City staff, Pulte representatives and homeowners met in a separate meeting to discuss options available to them. Staff will report back to the City Council on the results of that meeting and options available to the city regarding the park. l.. CONSENT AGENDA Councilman Miller moved to approve Items 7 through 10 on the Consent Agenda as follows: ITEM NO. 7: APPROVAL OF RESOLUTION NO. 94-859 Resolution No. 94-859, granting the Department of the Army (Corps of Engineers) to enter in and upon certain lands, rights-of-way, licensed properties and easements held by the city within the Sulphur Branch Project. ITEM NO. 8: FIRST AND FINAL READING OF ORDINANCE NO. 1141 First and final reading of Ordinance No. 1141 vacating and abandoning a portion of a 20' utility easement located in Bear Creek Bend Addition, Phase II. ITEM NO. 9: FIRST AND FINAL READING OF ORDINANCE NO. 1139 First and final reading of Ordinance No. 1139 amending Chapter 86, Utilities, Section 86-48 (Deposits) of the Code of Ordinances. ITEM NO.10: APPROVAL OF MINUTES OF JUNE 14, 1994 REGULAR MEETING The Minutes of the June 14, 1994 Regular Meeting were approved as presented. r.. COUNCIL MINUTES JUNE 28, 1994 PAGE 4 Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 11: APPROVAL OF SITE PLAN 94-04-SP Mr. Rod Tyler, City Planner, reviewed Site Plan 94-04-SP, for a Taco Bell Restaurant to be located on the southeast corner of SH10 and S. Main Street. Mr. Tyler indicated that the plan is one of the first to be filed under the new Unified Development Code. The Taco Bell will move from its present site on the northwest corner of SH10 and S. Main Street to the new location. The plan complies with zoning codes and subdivision regulations. Mr. Tyler pointed out landscaping features, traffic patterns and parking facilities. Mr. Kent Marsh, Director of Planning for Huitt- Zollars, Inc., representative for Taco Bell, addressed the Council. Mr. Marsh stated that Taco Bell would share a drive onto Main Street with Saebit Baptist Church. Taco Bell will also build an access driveway onto SH10 and a free-flow right turn lane on Euless Main to alleviate some of the backup at that signal. Discussion took place on ingress and egress, sidewalk construction and traffic flow within the site. Councilman Boatright moved to approve Site Plan #94-04-SP. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12: APPROVAL OF RESOLUTION NO. 94-858 Mayor Saleh stated that Resolution No. 94-858 would authorize the City Manager to execute an interlocal agreement among Hurst, Euless, Bedford and HEB Independent School District for the establishment of an HEB Teen Court, however, the City of Hurst has not yet agreed to participate in the agreement. Ms. Debra Forte', Director of Human and Fiscal Resources, stated that the city had budgeted $8,333 this year for the teen court and the City could begin participating in July. The City's portion for the 1994-95 fiscal year would be $11,000. Discussion took place regarding the Teen Court budget, evaluation and advisory board. City Attorney Bob McFarland pointed out that the Resolution before the Council stipulates that the COUNCIL MINUTES JUNE 28, 1994 PAGE 5 v— agreement is based on the participation of all four entities, therefore, if any of those four decide not to enter into the agreement, the Resolution would have to be brought back before the Council. Councilman Douglass moved to approve Resolution 94-858. Councilman Smith seconded the motion. City Attorney McFarland clarified with Councilman Douglass that his motion, if adopted, would authorize the city to start the teen court beginning October 1, 1994, only if all four entities join. One of the other options would be to authorize participation in the 1993-94 fiscal year through October 1994 based on the participation of the Cities of Euless and Bedford and the HEB-ISD. Councilman Douglass amended his motion as follows with the consent of Councilman Smith: Approve Resolution 94-858, allowing the City to participate in the teen court for the balance of the 1993-94 fiscal year as one of three participants at a cost of $8,333, and to consider participation in the 1994-95 fiscal year at a later time. Councilman Walker noted that he would vote against the motion, not because he is against the teen court but he does not agree with spending money prior to all of the entities approving the agreement and the fact that the 1993-94 budget includes approximately $6,000 in fixed assets for which the city would partially pay, but to which the city would not hold title. Councilman Boatright noted agreement with Mr. Walker. r.. Mr. Joe Hennig, Assistant City Manager, suggested that the Council could authorize participation beginning October 1, 1994, and determine if the City of Bedford would be agreeable to the proposed 1994-95 budget of $11,000 for each of the cities with no fixed assets included, and assuming the City of Hurst's participation. Councilman Douglass withdrew his motion with the consent of Councilman Smith. Councilman Smith stated that he felt the most efficient way to implement the teen court would be to involve as many cities as possible. Councilman Smith moved to approve Resolution 94-858 authorizing the City Manager to execute an interlocal agreement for a teen court commencing October 1, 1994, with an $11,000 expenditure, contingent upon the participation all four entities. Councilman Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. COUNCIL MINUTES JUNE 28, 1994 PAGE 6 ..er ITEM NO. 13: REPORTS a) City Manager City Manager Tom Hart indicated that Mr. Randy Byers, Director of Development and Public Works, had returned to the Council meeting from the meeting being held concurrently regarding Item#6 and said that there was a good exchange between the residents of Bear Creek Bend and Pulte Homes during their meeting. The majority did not seem to be in opposition to the park, but rather have some concerns about certain amenities to the park. A detailed survey will be conducted to determine the wishes of homeowners concerning the park in Bear Creek Bend Phase II. b) City Attorney City Attorney Bob McFarland had nothing to report. c) Staff The scheduled staff report by Michelle Wyman, Community Affairs Administrator, was postponed. d) City Council Councilman Douglass congratulated Bill Woods on receiving his 10-year service pin. �.• Councilman Boatright commented that the Western Hills Annex demolition is progressing very well. Councilman Walker congratulated Councilman Smith on being named Rotarian of the Year. Mr. Walker noted that City Manager Tom Hart was Rotarian of the Year last year. Mayor Mary Lib Saleh reported that Hurst, Euless and Bedford City Councils and the HEB Independent School District met at their quarterly meeting to discuss area economic development. Mayor Saleh and Councilman Douglass have visited additional libraries that were designed by the architect selected to design the city's new library. The Woodvine Bridge was dedicated on Saturday, June 25, with a brief ceremony. The bridge is the first built in Euless in thirty-three years. Councilman Douglass reported that Leon Hogg, Chairman of the Parks and Leisure Services Board, had recently been named Lion of the Year. Councilman Walker congratulated Bill and Boyce Byers on their upcoming 50th Wedding Anniversary. ITEM 14: RECONVENE INTO WORKSESSION TO CONTINUE DISCUSSION OF PRECOUNCIL ITEMS AND CONTINUE EXECUTIVE SESSION IF NECESSARY The meeting was not reconvened into worksession or executive session. COUNCIL MINUTES JUNE 28, 1994 PAGE 7 ITEM NO. 15: RECONVENE INTO REGULAR SESSION TO TAKE REQUIRED ACTION AS NECESSARY No action necessary. ITEM NO. 16: ADJOURN As there was no further business before the City Council, Mayor Saleh adjourned the meeting at 9:15 p.m. APPROVED: t, Mary Lib Salbh, Mayor ATTEST: NNW Susan brim, C r, City Secretary \WP WI N\MINUTES\6-28-94.M I N