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HomeMy WebLinkAbout1995-05-09 MINUTES OF A REGULAR MEETING `► OF THE EULESS CITY COUNCIL MAY 9, 1995 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, May 9, 1995, 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. A closed session was held to discuss land acquisition as authorized by Section 551.072 of the Texas Government Code. 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; James Cribbs, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Diana Ortiz, Director of Finance; Tom Cox, Director of Administrative Services/Economic Development; Rick Herold, Director of Community Services; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Municipal Court Judge George Boring; Jerry Payton, Environmental Health Inspector; Ruth Alley, Personnel Manager; Tammy Money, Insurance Manager; Zella Stierwalt, Insurance Technician; Alice Cahill, Personnel Technician; Emily Murphy, Deputy Court Clerk; Scott Campbell, Administrative Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Carl Tyson, Planning and Zoning Commission; Andy Chesney, Charter Review Committee; Tenia Baker; Betty Boring; Harry Stierwalt; Faye Payton; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Mayor Mary Lib Saleh led the Pledge of Allegiance. INVOCATION Council Member Todd Smith gave the invocation. COUNCIL MINUTES MAY 9, 1995 PAGE 2 ITEM NO. 1: APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 25, 1995 AND SPECIAL CALLED MEETING OF MAY 1, 1995 Mayor Pro Tern Baker moved to approve the Minutes of the Regular Meeting of April 25, 1995 and the Special Called Meeting of May 1, 1995 as presented. Council Member Walker 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. ITEM NO. 2: APPROVAL OF RESOLUTION NO.95-895 CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION AND SPECIAL ELECTION HELD MAY 6, 1995 Council Member Douglass moved to approve Resolution No. 95-895, canvassing returns and declaring the results of the General Election held May 6, 1995, to fill City Council positions for Place 1 and Place 3, and the Special Election held May 6, 1995, to adopt amendments to the existing Charter, as follows: Nur TOTAL NUMBER OF VOTERS: 996 Place 1: Carl Tyson 468 Larry Barthel 140 Leon Hogg 366 Place 3: Bobby Baker 618 FOR AGAINST Proposition 1 704 163 Proposition 2 772 77 Proposition 3 847 46 Proposition 4 837 48 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. COUNCIL MINUTES MAY 9, 1995 PAGE 3 r.. ITEM NO. 3: APPROVAL OF RESOLUTION NO. 95-896, CALLING A RUNOFF ELECTION FOR PLACE ONE OF THE EULESS CITY COUNCIL Mayor Pro Tern Baker moved to approve Resolution No. 95-896, calling a runoff election for Saturday, June 3, 1995, for Place One of the Euless City Council. Council Member 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. Mayor Saleh introduced the two candidates in the runoff election: Mr. Leon Hogg and Mr. Carl Tyson. ITEM NO. 4: OATH OF OFFICE City Attorney James Cribbs administered the oath of office to Bobby Baker, Council Member, Place Three. Mayor Pro Tern Baker introduced his wife, Tenia. ITEM NO. 5: SELECTION OF MAYOR PRO TEM Since the May 6, 1995 General Election resulted in a runoff, a Mayor Pro Tern will not be selected until the first regular meeting following the runoff election. ITEM NO. 6: PRESENTATION OF EMPLOYEE OF THE MONTH FOR MAY Tammy Money, Insurance Manager, introduced Zella Stierwalt, Insurance Technician, Employee of the Month for May. Mayor Saleh presented a plaque and gift certificate to Ms. Stierwalt. ITEM NO. 7: PRESENTATION OF EMPLOYEE SERVICE PINS Mayor Saleh presented a 20-year service pin to Municipal Court Judge George Boring. Judge Boring introduced his wife, Betty. Mayor Saleh presented a 10-year pin to Jerry Payton, Environmental Health Inspector. Mr. Payton introduced his wife, Faye. ITEM NO. 8: APPROVAL OF A TEMPORARY USE PERMIT FOR OUTDOOR SALES Council Member Boatright moved to approve a request from Mr. Chuck Massey, representing the North Central Texas Farmers Market, Inc., for a temporary use permit to operate an open air market on the K-Mart parking lot between June and October 1995, subject to the following: 1) all necessary permits and inspections are complied with; 2) the location and operation of the market shall comply with the application; COUNCIL MINUTES MAY 9, 1995 PAGE 4 "`r' 3) all structures, frames, etc. be removed from the site and the site be returned to its original condition by mid-October or within 10 days from date of last business day, whichever comes first. 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. ITEM NO. 9: ACKNOWLEDGE RECEIPT OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE SEMI-ANNUAL REPORT FOR THE PERIOD OF JULY 1, 1994 THROUGH DECEMBER 31, 1994 Mayor Pro Tern Baker moved to acknowledge receipt of the Capital Improvements Advisory Committee Semi-Annual Report relative to the progress of the capital improvement plans and the imposition of impact fees from July 1, 1994 through December 31, 1994. 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. ITEM NO. 10: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1176 Council Member Douglass moved to approve the first and final reading of Ordinance No. 1176, amending Chapter 38, "Floods", Section 38-5, changing the effective date of the Federal Emergency Management Agency (FEMA) scientific and engineering report with accompanying maps for the City of Euless from October 3, 1984 to August 2, 1995. Mayor Pro Tem 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 MAY 9, 1995 PAGE 5 ITEM NO. 11: APPROVAL OF RESOLUTION NO. 95-894 AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS FOR TRA WEST FORK RELIEF INTERCEPTOR, SEGMENT WF-D Council Member Miller moved to approve Resolution No. 95-894, authorizing the Mayor to execute Easement, Waiver of Compensation, Affidavit as to Debts, Solicitation and Permit documents for the construction, operation and maintenance of the TRA West Fork Relief Interceptor, Segment WF-D (Hurricane Creek). Council Member Douglass 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. 95-893 OPPOSING EFFORTS TO WEAKEN THE ASSAULT WEAPONS BAN Council Member Douglass moved to approve Resolution No. 95-893, opposing efforts to weaken the assault weapons ban and preempt local authority to enact and enforce local ordinances limiting firearms and endorsing efforts of the National League of Cities to inform citizens about the impact of pending congressional action. Council Member Walker seconded the motion. Ayes: Council Members Douglass, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Abstain: Council Member Smith Mayor Saleh declared the motion carried. ITEM NO. 13: AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS FOR PURCHASE OF TWO PARCELS OF PROPERTY FOR A GOLF COURSE City Manager Tom Hart explained that the city had been seeking land around and adjacent to the city for the purpose of building an athletic complex and golf course and that they have found three tracts. Two of the tracts have scheduled closings on or before May 12, 1995, and the third tract will be closed in October 1995. Staff recommended approval of the purchase of two of the tracts at this time (43 acres between Highway 10 and Pipeline, along American Boulevard; and the 150 acres south of the 43-acre tract in Fort Worth). The city is negotiating disannexation with the City of Fort Worth. COUNCIL MINUTES MAY 9, 1995 PAGE 6 v,r, City Attorney Cribbs advised if Council decided to approve the purchase of the land, it should be subject to final approval by the City Engineer of the location of a couple of easements. Stewart Title Company has recently sent a revised title commitment with easements that had not been contained in the title commitment earlier and have not been located on the survey plat at this time. Mr. Cribbs said It is not anticipated these easements will cause problems, but for the record any motion the Council makes should contain a condition requiring City Engineer final approval that these easements do not adversely affect the tract. Council Member Miller asked for assurance from the City Attorney that there is no escape clause that would commit the city to the purchase of these two parcels of land and then be unable to purchase the additional 85 acre tract to be purchased October 1995. Assistant City Manager stated that the seller was obliged by a contract to sell the land to the city. City Attorney Cribbs said that if the seller did not sell the land, the city could sue the seller. Council Member Douglass stated that for the following reasons he could not support the proposed golf course: 1) the majority of the land is not within the city limits, but perhaps now the city will be allowed to annex the property; 2) 40% of the golf course is in flood plain land; 3) for those 8- 10% of our population who play golf, the golf course is not being designed as just a good municipal golf course, but rather a premier, championship course; 4) the golf course is anticipated to run "in the red" for 5 or more years; 5) the total cost of this land with a questionable mix of terrain is double the cost of the Tarrant Appraisal District market value, almost twice the $5,000 per acre that Mr. Bruton Smith is paying for his motor sports land which is choice, flat land in the highly visible commercial Alliance Airport area; the preparation and building of the course on this primitive terrain will cost an estimated $4 million. Mr. Douglass suggested a bond proposal to the `.. citizens which would give them options of making needed sewer and street improvements versus the golf course or possibly even the athletic complex; however, the athletic complex would serve a much larger percentage of our citizens. Mayor Pro Tern Baker stated he supports the proposed golf course because it is not only recreation for our citizens, it is a tool of economic development for the city. The course will be self funding; it will be paid for by those who play there. The city has been working steadily on capital improvements as funds are available. This project should not be denied because of problems with streets and sewers which will exist whether or not the golf course is built. Council Member Miller reiterated that the citizens were told when the half penny sales tax was passed that three projects would be accomplished. One of those projects is an athletic complex which has been proposed for many years. The city will be able to annex the majority of the land proposed for the golf course and athletic complex. Mr. Miller said he believes the city is paying a fair price for the tracts of land. The golf course will be paid for by those who play the course, but possibly the first few years there will be a negative cash flow, but the majority of golf courses pay for themselves in a short time. The golf course must be looked at from an economic development standpoint. Council Member Smith said his decision to support the proposed golf course was not made lightly. Two factors have been foremost in that decision, including the fact that the taxpayers would not be subsidizing the golf course. In other words, the project must be a moneymaker. Mr. Smith stated he had been assured by staff that after extensive research, it is their opinion that the golf course will be self supporting. Secondly, the athletic complex must be the first priority COUNCIL MINUTES MAY 9, 1995 PAGE 7 ‘110. and he has been assured that the city's action on the golf course at this time will not in any way adversely affect the ability to proceed with the athletic complex. Council Member Walker stated that he felt the action tonight would be to approve the purchase of land, not on whether to build a golf course or how much money to spend on an athletic complex. The citizens voted a half cent sales tax to buy land and the Council is fulfilling that commitment to the citizens to build an athletic complex. Council Member Boatright agreed that the golf course would be an asset for economic development in the city and has been assured by City Manager Tom Hart that in 3-4 years the course will be self supporting. The athletic complex may not bring a great deal of revenue, but enhances the quality of life, particularly for families. Mayor Saleh said that a feasibility study has been conducted and a golf pro had been consulted to look at the land. The feasibility study revealed that this property is an outstanding piece of property for an upscale golf course. Mayor Saleh pointed out the Council is only considering the land for the golf course at this time--not the land for the athletic complex. Council Member Douglass responded that bond proposals for street and drainage improvements have been put off because the Council was afraid to place the proposals before the voters. Therefore, patch work projects have been continued on streets and other infrastructure. Mr. Douglass added that Mr. Hart has stated he cannot guarantee that the golf course will be revenue producing in five years. City Manager Tom Hart stated that although he could not guarantee that the course would be revenue producing in five years, when he looks at other cities with golf courses, many are adding second courses. Mayor Pro Tem Baker moved to authorize the City Manager to execute documents for the purchase of two parcels of property (43 acres - Colonial Savings & Loan $450,000 and 150 acres - August 1965, ltd., Trust [Royce Wisenbaker] $750,000) for a golf course contingent upon location of easements and City Engineer's agreement they do not adversely affect the tracts of land. Council Member Miller 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. Mayor Pro Tern Baker asked that an item be placed on the next agenda for approval of the purchase of land for the athletic complex. COUNCIL MINUTES MAY 9, 1995 PAGE 8 ITEM NO. 14: RENEWAL OF BID NO. 93-08 Council Member Smith moved to renew Bid No. 93-08 to extend the city's fuel purchase contract for one year with Advance Petroleum. 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. ITEM NO. 15: REPORTS a) City Manager City Manager Tom Hart reported that Tarrant County had approved 100% participation in the Tax Increment Financing District for Reinvestment Zone No. One. The Hurst-Euless-Bedford Independent School District also voted last week to participate. b) City Attorney City Attorney James Cribbs had nothing to report. c) Staff Report Rick Herold, Director of Community Services, gave a report on Arbor Daze. Mr. Herold stated that using United States Chamber of Commerce figures, Arbor Daze had made a $1.54 million impact on the area. Mr. Herold stated that $292,000 in coupons were sold at Arbor Daze. d) City Council Council Member Douglass congratulated Zella Stierwalt, Judge Boring and Jerry Payton and thanked them for their commitment to the city. Mr. Douglass commended Rick Herold, Julia Wakeley, the staff and volunteers who made Arbor Daze a great success. Council Member Smith stated that he was appreciative of the HEB-ISD working in cooperation with the city and other taxing entities for the tax increment financing district. Mayor Pro Tem Baker thanked Wes Scott for running for the HEB-ISD School Board. Mr. Baker stated that even though Mr. Scott did not win the election, he hoped Mr. Scott would run again next year because he would represent the entire Hurst-Euless-Bedford community very well. Council Member Miller introduced Gary and Michelle Waldron, new Lions Club members who were present in the audience. Mr. Miller agreed with Mr. Baker that Wes Scott would be an COUNCIL MINUTES MAY 9, 1995 PAGE 9 %ow excellent HEB-ISD Board Member. Mr. Miller commended Rick Herold on the good balance of entertainment provided at Arbor Daze. Council Member Boatright agreed with previous comments about Arbor Daze and added the festival was one of the most exciting things in Euless. Mayor Saleh stated that each Council Member individually supported Wes Scott in his candidacy for the HEB-ISD School Board and were disappointed that he did not win, but hope that he will consider running again for the school board. Mayor Saleh reported that the First Baptist Church had donated 38 shumard oak trees to plant along Highway 157 on the east and west side of the highway. Several of the trees were planted during Arbor Daze and were dedicated in memory of those who lost their lives in the Oklahoma City tragedy. The church also provided blue ribbons to be given away with each of the 11,000 trees at Arbor Daze in memory of the Oklahoma City victims. Mayor Saleh congratulated the city staff on Arbor Daze, especially in light of the weather conditions. Mayor Saleh asked if anyone in the audience wished to address the Council. Mayor Pro Tern Bobby Baker thanked those who supported him in the May 6 election and stated that he looked forward to serving on the Council the next three years. ITEM NO. 16: ADJOURN Mayor Saleh adjourned the meeting at 8:20 p.m. APPROVED: VA_ ,L / Mary Lib SaCeh, Mayor ATTEST: ftj- )tdete, 4 *....(17/41411,„,,f All' ,A4 $ /54.. Susan Crim CMC Ci tY Sec—t- 0,4 wpwin\minutes\5-9-95.min