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Home My WebLink About1994-07-12 ... MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL July 12, 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, July 12, 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 and land acquisition as authorized by the Texas Government Code, Chapter 286, Sections 551.071 and 551.072. 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; Rod Tyler, City Planner; Modesto Mundo, Assistant to the City Manager; Michelle Wyman, Community Affairs Administrator; Sgt. Robert Freeman, Police Department; Capt. Harland Westmoreland, Police Department; Lt. Dan McLain, Police Department; Carol Agee, Police Department Secretary; Carol Lafave, Police Department Secretary; Pete Seider, Public Works; Clyde Cullum, Reserve Police Officer; Valerie Hicks, Intern; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Diana Crawford, Chairperson, Historical Preservation Committee; Billy Owens, Planning and Zoning Commission; Jack Hill, Zoning Board of Adjustment; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. INVOCATION Council Member Boatright gave the invocation. COUNCIL MINUTES JULY 12, 1994 PAGE 2 ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH Mayor Saleh presented a plaque and gift certificate to Carol LaFave, Police Department Patrol Division Secretary, as Employee of the Month for July. ITEM NO. 2: PRESENTATION OF SERVICE PINS Mayor Saleh presented a 25-year service pin to Pete Seider, Public Works, and a 20-year pin to Carol Agee, Police Department Secretary. ITEM NO. 3: 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 Council Member Miller moved to authorize the City Manager to execute a contract on two tracts of land: Tract 1 (150 acres) not to exceed $750,000 for six months; Tract 2, (42 acres) not to exceed $375,000, with a refundable 5% retainage on these tracts of land. Mayor Pro Tem Baker seconded the motion. Ayes: Council Members Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh �.► Nays: None Abstain: Council Member Douglass Mayor Saleh declared the motion carried. CONSENT AGENDA Items 4 and 5 were removed from the Consent Agenda for discussion. ITEM NO. 4: RENEWAL OF BID NO. 93-13 Bid No. 93-13 for street maintenance materials was amended as follows: Items 1 and 5: Renew contract for one year with Vulcan Materials at no increase in bid prices; Item 2: Extend existing contract for 90 days with Austin Bridge and Road at no increase in bid prices with J. L. Bertram as first alternate and Reynolds Asphalt as second alternate and advertise for new bids during next 90 days. Items 3 and 4: Allow contract with Apac-Texas to expire. NNW COUNCIL MINUTES JULY 12, 1994 PAGE 3 Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker Niew and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: APPROVAL OF MINUTES OF JUNE 28, 1994 Council Member Smith moved to approve the Minutes of the June 28, 1994 Regular Meeting as presented. Council Member 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. REGULAR AGENDA ITEM NO. 6: PUBLIC HEARING FOR ZONING CASE NO. 94-03-ZC v.. Mayor Saleh opened a public hearing at 7:15 p.m. to hear input on a request from Arya Corporation (DBA Monarch Development) for a change of zoning on 11.34 acres located on the southwest corner of Fuller-Wiser Road and Tall Timbers Drive from CUD 694 to PD. City Planner Rod Tyler reviewed zoning on surrounding properties and explained the recommendations placed on approval by the Planning and Zoning Commission. Mr. Henry Rahmani, Monarch Homes, addressed the Council regarding the proposed development. Mr. Rahmani indicated his intention to build an upscale development with private streets and gated access. Ms. Evelyn Thomas, 412 Limestone Drive, asked how the proposed D/FW Airport runway would affect this property. Mr. Hennig, Assistant City Manager, replied that the homes in this area must have avigation easements and noise attenuation. Mr. Jack Emmons, 400 E. Ash Lane, asked that Council stipulate that Tall Timbers Drive would be repaired to its original condition before construction and that the city conduct a traffic study from Tall Timbers to Ash Lane. The public hearing was closed at 7:40 p.m. Council discussion focused on private vs. public streets, fencing, preservation of trees, and access for police and fire emergencies. COUNCIL MINUTES JULY 12, 1994 PAGE 4 ITEM NO. 7: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1143 (Zoning Case 94-03-ZC) Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1143 and Zoning Case No. 94-03-ZC as recommended by the Planning and Zoning Commission with the following conditions: 1) 25-year fiberglass composition roofs. 2) 25' streets built to city specifications. 3) Transition in non-wood fencing on Lots 1 and 2 on the south side of the development. Council Member Walker seconded the motion. Ayes: Council Members Smith, Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Members Douglass, Miller and Boatright Mayor Saleh declared the motion carried. It was noted that according to the City Charter, the ordinance would require a second reading because it did not pass with five affirmative votes. Mr. Rahmani, representative of Monarch Development, indicated he could not wait until the August 9, 1994 Council Meeting for approval. v.. Councilman Smith moved to reconsider the previous motion. Mayor Pro Tem Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Walker, Mayor Pro Tem Baker and Mayor Saleh Nays: Council Member Boatright Mayor Saleh declared the motion carried. Further discussion took place regarding fencing and private vs. city streets. Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1143 and Zoning Case No. 94-03-ZC as recommended by the Planning and Zoning Commission with the following conditions: 1) 25-year fiberglass composition roofs. 2) 25' streets built to city specifications. 3) Transition in non-wood fencing on Lots 1 and 2 on the south side of the development. COUNCIL MINUTES JULY 12, 1994 PAGE 5 `,,. Council Member Walker seconded the motion. Ayes: Council Members Smith, Miller and Walker, Mayor Pro Tem Baker and Mayor Saleh Nays: Council Members Douglass and Boatright Mayor Saleh declared the motion carried. Mayor Saleh requested staff to gather information and arrange a meeting for Council to discuss the issue of private streets within the city. Mayor Saleh called a recess at 9:05 p.m. The meeting was reconvened at 9:15 p.m. ITEM NO. 8: AUTHORIZING CITY MANAGER TO NEGOTIATE AN AMENDED CONTRACT WITH LAIDLAW WASTE SYSTEMS, INC. Council Member Miller moved to authorize City Manager to negotiate, subject to City Council approval, an amended contract with Laidlaw Waste Systems, Inc., with any rate adjustments to be effective March 1, 1995. Mayor Pro Tem 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. 9: AUTHORIZING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH STATE OF TEXAS, DEPARTMENT OF INFORMATION RESOURCES Council Member Douglass moved to authorize the City Manager to enter into an interlocal agreement with the State of Texas, Department of Information Resources, for the purchase of computer equipment or services. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ... COUNCIL MINUTES JULY 12, 1994 PAGE 6 ITEM NO. 10: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1144 (CURFEW HOURS FOR MINORS) Ms. Jerilyn Barthel, 910 Henslee Drive, spoke against the curfew hour for minors because she felt it is inappropriate to restrict the freedoms of any person because of the misdeeds of a few. Evelyn Thomas, 412 Limestone, spoke in favor of the curfew and added that parents should be held responsible for the actions of their children. Council Member Boatright moved to approve the first and final reading of Ordinance No. 1144, amending Article II, "Criminal Code" of Chapter 50, "Offenses" of the Code of Ordinances, by the addition of a new Section 50-27, "Curfew Hours for Minors." Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright and Mayor Pro Tern Baker Nays: None Abstain: Mayor Saleh Mayor Saleh declared the motion carried. ITEM NO. 11: DECLARE AN EMERGENCY DUE TO IMMINENT DAMAGE TO PUBLIC PROPERTY AND AUTHORIZING CITY MANAGER TO OBTAIN QUOTES AND NEGOTIATE A CONTRACT FOR THE MOVING OF FULLER HOUSE LOCATED AT 106 E. EULESS BLVD. Council Member Walker moved to declare an emergency due to imminent damage to public property and to authorize the City Manager to obtain quotes and negotiate a contract for the moving of Fuller House located at 106 E. Euless Blvd. Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. COUNCIL MINUTES JULY 12, 1994 PAGE 7 REPORTS ITEM NO. 12: REPORTS a) City Manager City Manager Tom Hart commended Debra Forte', Director of Fiscal and Human Resources, on her professional presentation to the bond rating companies in New York City recently and stated that Mayor Saleh had represented the city very well. b) City Attorney City Attorney Bob McFarland, referring back to discussion in Items No. 6 and 7, stated that he would research and report back to the Council whether or not the city has authority by ordinance to enforce speed limits on private streets. c) Staff The scheduled staff report by Randy Byers, Director of Public Works and Development, was postponed. d) City Council 1.•• Council Member Miller attended the McCormick Farms Homeowners Association parade on July 4 and the Music Shop this past weekend. Mr. Miller commended Diana Crawford, Chairperson of the Historical Preservation Committee, and Leon Hogg, Chairperson, Parks and Leisure Services Board, for their efforts in preserving the Fuller House. Council Member Boatright thanked those individuals who had worked on saving the Fuller House. Mayor Saleh thanked the citizens who provided input on various agenda items and noted the difficulty the Council has in making some of the decisions that affect the citizens of Euless. Mayor Saleh asked if anyone in the audience wished to make any comments. Ms. Evelyn Thomas said she felt the children in the community need more activities. She praised the recreation program, but added that many children cannot afford to participate in those activities. ITEM NO. 13: 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. ITEM NO. 14: RECONVENE INTO REGULAR SESSION TO TAKE REQUIRED ACTION AS NECESSARY No action necessary. COUNCIL MINUTES JULY 12, 1994 PAGE 8 ITEM NO. 15: ADJOURN As there was no further business before the City Council, Mayor Saleh adjourned the meeting at 9:55 p.m. APPROVED: V7LaAlit/ Cdietk Mary Lib , Mayor ATTEST: usan Crim, C C, City Secretary /WPWI N/MINUTES/7-12-94.M I N