HomeMy WebLinkAbout1995-09-26 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
SEPTEMBER 26, 1995
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at
4:25 p.m. on Tuesday, September 26, 1995, in the downstairs Administration Building Conference
Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Bobby Baker and Council
Members Carl Tyson, Todd Smith, Charles Miller and Glenn Walker. Precouncil discussion was
held on agenda items and other scheduled items. A closed session was held to discuss pending
litigation and land acquisition as authorized by Sections 551.071 and 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 7:05 p.m. for the
consideration of the scheduled items.
Staff Members Present
New Tom Hart, City Manager; Bob McFarland, City Attorney; Gary McKamie, Police Chief; Lee Koontz,
Fire Chief; Randy Byers, Director of Development and Public Works; Diana Ortiz, Director of
Finance; Rick Herold, Director of Community Services; Tom Cox, Director of Economic
Development/Administrative Services; Paul Kruckemeyer, City Engineer; Captain Joey Ziemian,
Police Department; Ruth Alley, Personnel Manager; Betty Yarbrough, Library Manager; Sheila
Williams, Assistant Library Manager; Mary Wilber, Reference Librarian; Carolyn Hoots, Library
Clerk; Johnny Green, Parks Superintendent; Jenny Kratz, Municipal Relations Coordinator; Scott
Campbell, Administrative Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio,
Deputy City Secretary
Visitors
Leon Hogg, Chairman, Parks & Leisure Services; Keith Eggers, Planning and Zoning
Commission; Andy Chesney, Charter Review Committee; Kathy Haecker, Community Advisory
Board; Geri Donworth, Historical Preservation Committee; Bruce Ebert, Civil Service Commission;
Katie Edwards; John Wilber; and other visitors as noted on the Visitor's Register.
PLEDGE OF ALLEGIANCE
Mayor Saleh led the Pledge of Allegiance.
INVOCATION
Council Member Miller gave the invocation.
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 2
ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH FOR SEPTEMBER
Mayor Saleh presented a plaque and gift certificate to Mary Wilber, Reference Librarian, as
Employee of the Month for September 1995. Ms. Wilber introduced her husband, John Wilber.
ITEM NO. 2: PRESENTATION OF PROCLAMATION - AMY BAXTER
Mayor Saleh presented a proclamation to Amy Baxter, as "Ms. Wheelchair America." Ms. Baxter
thanked the Council and said that it was an honor to represent the city in her travels across the
country as "Ms. Wheelchair America."
ITEM NO. 3: PUBLIC HEARING - SPECIFIC USE PERMIT #95-17-SUP
Mayor Saleh opened a public hearing at 7:12 p.m. to hear public input on a request of Sadhana
Sanger for a specific use permit for the Euless Sports Bar to sell alcohol within a C-2 zoning
district at 1447 W. Euless Boulevard.
Attorney Alex Bickley spoke as a representative of Ms. Sanger, and stated that she would like
to operate as a restaurant with bar privileges if the Council denies the specific use permit.
Attorney McFarland explained that the owner could apply for a certificate of occupancy, but this
would require that 51% or greater of receipts be derived from food sales.
Mr. Don Whigham, owner of property at 1300 Euless Boulevard, stated that he felt another
.4•` business in that area selling alcohol was not needed--with or without food. Council Member
Walker stated that if the owner wished to comply with current zoning restrictions (at least 51% of
gross receipts from sale of food), the owner would need to make substantial improvements to the
facility.
Randy Byers, Director of Development, stated that up to this point, the Euless Sports Bar had
operated under a certificate of occupancy in conjunction with a hotel, however, after issuance of
that certificate of occupancy, it was found the lounge is not operating in conjunction with a hotel.
Therefore, that certificate is technically invalidated and a specific use permit is required. City
Manager Tom Hart suggested that if the Council denies the request, a meeting be set up with the
owner and city staff to work with the owner to set objectives to bring the establishment into
conformance.
ITEM NO. 4: APPROVAL OF SPECIFIC USE PERMIT #95-17-SUP
Mayor Pro Tern Baker moved to deny Specific Use Permit#95-17-SUP for Euless Sports Bar to
sell alcohol within a C-2 zoning district at 1447 W. Euless Boulevard (Lot A, Block 3, Cresthaven
Addition).
Council Member Walker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
v..
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 3
`... Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 5: APPROVAL OF SITE PLAN #95-22-SP - WESTPARK PROFESSIONAL
CENTER
Council Member Miller moved to approve Site Plan #95-22-SP, for construction of a restaurant
(Village Grill) within a C-2 Zoning District, on the southeast corner of Dock McGinnis Drive and
West Airport Freeway.
Council Member Smith seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6: APPROVAL OF SITE PLAN #95-25-SP - EULESS INDUSTRIAL PARK
Mr. Richard Connelly, a representative of American EZ Type, Inc., addressed the Council
regarding a request of a site plan to expand an existing print shop at 1103 Stanley Drive. Mr.
Connelly showed the Council substantial landscape improvements which will be made at a cost
of approximately $11,000. Council Member Miller asked if the temporary trailers would be
removed from the site when the expansion is completed. Mr. Connelly replied they would be
removed.
Council Member Walker moved to approve Site Plan #95-25-SP for the expansion of a print shop
(American EZ Type, Inc.) located at 1103 Stanley Drive.
Mayor Pro Tern Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
CONSENT AGENDA NO. 1
Mayor Saleh stated that Items 7, 9, 10, 13, 14, 22 and 23 would be considered as Consent
Agenda #1.
Mayor Pro Tern Baker moved to approve Items 7, 9, 10, 13, 14, 22 and 23 on Consent Agenda
#1 as follows:
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 4
Y..• ITEM NO. 7: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1190
Approval of first and final reading of Ordinance No. 1190, vacating and abandoning a portion of
a 10-feet utility easement located on the west side of Lot 4, Block A, McCormick Farms Phase
One Addition.
ITEM NO. 9: APPROVAL OF RESOLUTION NO. 95-911
Approval of Resolution No. 95-911, authorizing the Director of Community Services to execute
all agreements associated with the "Urban and Community Forestry Program" grant with the
Texas Forest Service, committing to providing in-kind services and endorsing the continued hiring
of an Urban forester.
ITEM NO. 10: APPROVAL OF ACQUISITION OF 8.247 ACRES OF LAND FROM
MIDWAY INDUSTRIAL TRUST FOR THE CITY OF EULESS GOLF
COURSE
Approval of acquisition of 8.247 acres of land from Midway Industrial Trust for the golf course at
a cost not to exceed $77,822.50.
ITEM NO. 13: APPROVAL OF AN AGREEMENT FOR AUTOMATIC FIRE PROTECTION
AND EMERGENCY MEDICAL SERVICES WITH THE CITY OF
GRAPEVINE
Approval of an agreement with the City of Grapevine for the automatic provision of fire protection
and emergency medical services.
ITEM NO. 14: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE 1189
Approval of first and final reading of Ordinance No. 1189, amending Ordinance No. 1086 which
adopted the 1991 edition of the Uniform Plumbing Code, to allow use of A.B.S. and P.V.C. pipe
in certain cases.
ITEM NO. 22: RENEWAL OF BID NO. 93-23 - UNIFORM RENTAL
Approval of a 2-year renewal of a contract (Bid No. 93-23) for uniform rental with Aramark
Uniform Services, Inc. at the same prices quoted in 1993.
ITEM NO. 23: APPROVAL OF MINUTES
Approval of the Minutes of the Regular Meeting of September 12, 1995 and the Special Meeting
of September 18, 1995, as presented.
Council Member Walker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tem Baker and
Mayor Saleh
r..
Nays: None
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 5
�.. Mayor Saleh declared the motion carried.
ITEM NO . 8: AUTHORIZE THE CITY MANAGER TO TAKE APPROPRIATE ACTION
REGARDING THE REQUEST BY MORRISDALE RESIDENTS TO CLOSE
PECAN STREET
Mayor Saleh stated that the city had done a survey of residents in Morrisdale Estates regarding
closing of Pecan Street. Seventy-five percent of those who responded favored closure of Pecan
Street. Council Member Miller commented that if the residents found that after closing the street,
they would prefer that it was opened again, he would prefer that a sizeable percentage, perhaps
70%, would be required to reopen the street. Mayor Pro Tern Baker asked if in the future there
was a request to reopen the street if there would be any legal ramifications that would make it
difficult. City Attorney McFarland stated there were no legal requirements other than making it
adequate for traffic again.
Council Member Miller moved to authorize the city manager to take appropriate action regarding
the request by Morrisdale residents to close Pecan Street.
Council Member Smith seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
City Manager Tom Hart asked the Council if their intention in authorizing him to take action, was
to close the street. The Council indicated it was their intention to close the street when the
Sulphur Branch Project is completed. Council Member Miller requested the City staff address the
traffic problem at Driftwood and Pipeline, specifically the left turn from Driftwood onto Pipeline.
Mayor Saleh stated the staff has been requested to install some type of warning signals on
Pipeline Road indicating it is a dangerous intersection.
Mr. Bruce Ebert, 1309 Cliffwood, thanked the Council for listening to the request of Morrisdale
residents to close Pecan Street.
ITEM NO. 11: AUTHORIZE CITY MANAGER TO NEGOTIATE A CONTRACT FOR
ARCHITECTURE FOR GOLF CLUBHOUSE, MAINTENANCE COMPLEX
AND OTHER RELATED BUILDINGS
Council Member Walker moved to authorize the City Manager to negotiate a contract with Chris
Construction for architecture for golf clubhouse, maintenance complex and other related buildings
at a rate not to exceed 6.75 percent of the overall approved construction budget and not to
exceed 8 percent of the fixture and furniture budget and subject to the issuance and sale of
bonds.
Noir
Mayor Pro Tern Baker seconded the motion.
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 6
... Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12: APPROVAL OF CONTRACT FOR GOLF COURSE CONSTRUCTION
Council Member Walker moved to accept bids and approve award of contract to Landscapes
Unlimited in the amount of $3,864,107 for golf course construction subject to issuance and sale
of bonds and to authorize the City Manager to execute change orders up to $25,000 each for this
project.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
`.. Mr. Lee Hedrick, with Keith Foster Golf Course Design, stated that he and Mr. Foster were
looking forward to working with Landscapes Unlimited to make this the best course they have
ever built.
ITEM NO. 15: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO
THE CONTRACT BETWEEN THE CITY AND YMCA OF METROPOLITAN
FORT WORTH THROUGH ITS NORTHEAST TRANSPORTATION
SYSTEM (NETS)
Council Member Miller moved to approve an addendum to the contract between the City of
Euless and YMCA of Metropolitan Fort Worth through its Northeast Transportation System
(NETS), increasing the membership fee from $.35 per capita to $.50 per capita.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
CONSENT AGENDA NO. 2
Mayor Saleh stated that Items 16 through 21 would be considered as Consent Agenda No. 2.
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 7
Mayor Pro Tern Baker moved to approve Items 16, 17, 18, 19, 20 and 21 on Consent Agenda
No. 2 as follows:
ITEM NO. 16: APPROVAL OF RESOLUTION NO. 95-912
Approval of Resolution No. 95-912, approving and authorizing publication of a notice of intention
to issue tax and golf course revenue certificates of obligation.
ITEM NO. 17: APPROVAL OF RESOLUTION NO. 95-913
Approval of Resolution No. 95-913, approving and adopting a reimbursement resolution stating
that proceeds for debt, City of Euless Tax and Golf Course Revenue Certificates of Obligation,
will be issued to reimburse capital expenditures related to the golf course, not to exceed
$9,700,000.
ITEM NO. 18: APPROVAL OF RESOLUTION NO. 95-914
Approval of Resolution No. 95-914, approving and authorizing publication of a notice of intention
to issue tax and waterworks and sewer system revenue certificates of obligation for streets,
drainage and parks capital improvements.
ITEM NO. 19: APPROVAL OF RESOLUTION NO. 95-915
`�.. Approval of Resolution No. 95-915, approving and adopting a reimbursement resolution stating
that proceeds for debt, City of Euless Tax and Waterworks and Sewer System Revenue
Certificates of Obligation, will be issued to reimburse capital expenditures related to streets,
drainage and park improvements, not to exceed $5,200,000.
ITEM NO. 20: APPROVAL OF RESOLUTION NO. 95-916
Approval of Resolution No. 95-916, approving and authorizing publication of a notice of intention
to issue tax and softball park revenue certificates of obligation.
ITEM NO. 21: APPROVAL OF RESOLUTION NO. 95-917
Approval of Resolution No. 95-917, approving and adopting a reimbursement resolution stating
that proceeds for debt, City of Euless Tax and Softball Park Revenue Certificates of Obligation,
will be issued to reimburse capital expenditures related to acquiring and improving land and park
facilities for acquisition and improvement of a softball park, not to exceed $2,000,000.
Council Member Walker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 24: REPORTS
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 8
�... a) City Manager
City Manager Tom Hart said that the report they received on projects in the Development
Department would be sent periodically and he hoped the Council found them informative.
b) City Attorney
City Attorney Bob McFarland had nothing to report.
c) Staff
There was no staff report given.
d) City Council
Councilman Walker congratulated Mary Wilber as Employee-of-the-Month. He complimented the
city staff in that the city was chosen by the Texas Business magazine as the second best
managed city in its size category.
Councilman Miller stated he went to the Open House at Monarch Development Corporation on
Ash and Fuller-Wiser, and it looks like a good development. He also felt the Police Department
put on a good golf tournament.
Mayor Pro Tern Baker invited the audience to a meeting scheduled for Friday, September 26,
Now 1995, at 5:30 to hold a public hearing regarding the proposed crime tax possibly being set for a
November election. He also announced a ground breaking ceremony for the proposed athletic
complex and golf course set for Saturday, November 4, 1995.
Councilman Smith praised City Manager Tom Hart and Assistant City Manager Joe Hennig for
the award by Texas Business magazine. He thanked Joe Hennig for getting the information he
requested which was given to the City Council tonight. He noted he has heard complaints over
the last five years about the city having too many churches that are eating up the economic
development because they are not taxpayers. This is something that he does not agree with
because it does not take into account the intangible benefits of having churches and the influence
they have on the youth. He stated his frustration by the extent the debate has occurred behind
the scenes about whether our city is being adversely affected from an economic development
standpoint by the number of churches in the city. He asked Joe Hennig for a comparison of the
amount of property value in Hurst, Euless and Bedford and it shows that Euless has the smallest
amount of property taken off its rolls because of religious institutions. Approximately one percent
of the property value in the city is not on the rolls; $18 million of value compared to $18.8 million
in Bedford and $31 million in Hurst. He wanted the information so that in the future the debate
could take place with this information being taken into consideration.
Councilman Tyson congratulated Mary Wilber for being recognized Employee-of-the-Month. He
also congratulated Mr. Hart for his leadership for being the number two, best managed city for
our size.
Mayor Saleh introduced Katie Matzke Edwards and Leon Hogg as the two candidates running for
the vacant council seat to be decided at the November 7th election. She also recognized the
Police Academy Members, as well as former Councilman Frank Douglass, who were in the
COUNCIL MEETING SEPTEMBER 26, 1995 PAGE 9
'Nov audience. She stated that she, Tom Hart, and Diana Ortiz just returned this afternoon from New
York City where they made presentations to two bond rating firms. She felt it went very well.
ITEM NO. 25: ADJOURN
There being no comments from the audience, Mayor Saleh adjourned the meeting at 8:25 p.m.
APPROVED:
Mary Li• aleh, Mayor
c11-1
ATTEST:
Susan Crim, ( MC, City Secretary
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