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Home My WebLink About1996-07-09 MINUTES OF A REGULAR MEETING 'glow OF THE EULESS CITY COUNCIL JULY 9, 1996 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 2:10 p.m. on Tuesday, July 9, 1996, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Carl Tyson, Leon Hogg, Charles Miller, Glenn Walker, and Katie Edwards. A closed session was held to discuss land acquisition and personnel as authorized by Sections 551.072 and 551.074 of the Texas Government Code. Precouncil discussion was held on agenda items and other scheduled items. JOINT MEETING WITH PLANNING AND ZONING COMMISSION The City Council met with members of the Planning and Zoning Commission to discuss the City's Comprehensive Land Plan and the necessity to review it prior to moving forward with any rezoning. Bo Bass, Deputy Director of Development, presented the methodology of the Planning and Zoning Commission reviewing individual sections of the City in order to make recommendations to the City Council of possible changes. Rod Tyler, Planning Services Manager, reviewed the concept that neighborhoods are generally bounded by commercial development. He stated that is non-existent in Euless at this time, but the attempt will be made through this review for that concept in Euless. After the Planning and Zoning Commission has reviewed the entire City, the findings and recommendations will be presented to the City Council for adoption. 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; Gary McKamie, Police Chief; Lee Koontz; Fire Chief; Rick Herold, Director of Community Services; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Diana Ortiz, Finance Director; Tom Cox, Director of Administrative Services/Economic Development;Andrea Baxter, Assistant City Engineer; Rod Tyler, Planning Services Manager; Janina Jewell, Accountant, Finance Department; COUNCIL MINUTES JULY 9, 1996 PAGE 2 Jesse Alfaro, Field Tech, Public Works; Sgt. Danny Neill, Police Department; Lisa Pierce, Water Clerk; Diane Rasor, Water Clerk; Jenny Kratz, Municipal Relations Coordinator; Scott Campbell, Administrative Assistant; Cathy DiMaggio, Deputy City Secretary Visitors George Zahn, Billy Owens and Keith Eggers, Planning and Zoning Commission; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Carl Tyson led the Pledge of Allegiance. INVOCATION Council Member Katie Edwards gave the invocation. ITEM NO. 1: PRESENTATION OF "HELLO DOLLY" FANFARE The Starlight Minstrels presented a "Hello Dolly" fanfare from the musical to be held at the Villages of Bear Creek Amphitheater on August 2, 3, 9 and 10. __ ITEM NO. 2: PRESENTATION OF EMPLOYEE OF THE MONTH FOR JULY Mayor Saleh presented a plaque and gift certificate to Jesse Alfaro, Public Works Field Tech, as Employee of the Month for July. ITEM NO. 3: PRESENTATION OF EMPLOYEE SERVICE PINS Mayor Saleh presented 20-year service pins to Police Sergeant Danny Neill. David Northcutt, Equipment Operator, Public Works, was not present to receive his 20-year service pin. ITEM NO. 4: APPROVAL OF SITE PLAN #96-17-SP Deputy Director of Development Bo Bass reported that the Development Review Committee had reviewed Site Plan #96-17-SP to tear down an existing McDonald's restaurant at 105 W. Airport Freeway and construct a new McDonald's with an indoor play area and recommended Council approval. Mayor Pro Tern Baker noted that the future widening of SH183 would set back the service road at this site considerably. David Larsen, David E. Larsen & Associates Architects, Inc., replied that the widening of SH183 had been taken into consideration. Anthony Thompson, Construction Project Manager for McDonald's Corp., said he had spoken with Texas Department of Transportation officials earlier in the day and they do not have hardline or geometric joins with respect to this project at this point. TXDOT is also considering a new design for the retaining wall COUNCIL MINUTES JULY 9, 1996 PAGE 3 at this site which would result in less encroachment on the service road or properties along the service road. The building has been set as far back on the property as possible without interrupting the fire lane and easements behind the building. Council Member Miller suggested that some kind of barrier be placed to prevent large trucks from parking on the grass area. Mr. Thompson replied that construction of a barrier would not be a problem if the area is not in a right-of-way and if it is on McDonald's property. Mayor Pro Tern Baker requested that McDonald's consider landscaping appropriate to a front entrance both at the SH183 service road entrance and also the Highway 10 entrance. David Larsen, David E. Larsen & Associates Architects, Inc., replied that since the drive-thru window would be located at the back of the building near the Highway 10 entrance, McDonald's philosophy is to make the customer's visual experience as pleasant as possible. Therefore, there will be extensive and attractive landscaping in this area as well and that if the City will tell him what is desired, he will commit to putting it in. He agreed to landscape a front door entrance on both the SH 183 side as well as the Highway 10 entrance. Mayor Pro Tem Baker commented that the city should consider reviewing its landscape ordinance to ensure that when a business has entrances onto two thoroughfares that it would require both entrances to be landscaped. Council Member Walker moved to approve Site Plan #96-17-SP to tear down an existing McDonald's restaurant at 105 W. Airport Freeway and construct a new McDonald's with an indoor play area. Council Member Edwards seconded the motion. Ayes: Council Members Tyson, Hogg, Miller, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: APPROVAL OF SITE PLAN #96-20-SP Deputy Director of Development Bo Bass stated that the Hurst-Euless-Bedford Independent School District is doing some expansion and remodeling on the Trinity High School site (500 North Industrial Boulevard). The Development Review Committee and Planning and Zoning Commission recommended approval of Site Plan #96-20-SP with several conditions (Attachment A). Council Member Miller moved to approve Site Plan #96-20-SP with Attachment A, amending Item 3 to include a hold harmless agreement until the school is in total compliance with sprinkler system requirements. Council Member Walker seconded the motion. City Attorney Bob McFarland asked for clarification of the sprinkler system requirements. Fire `r.• Chief Lee Koontz replied that this is the first time this land has been platted and there are new COUNCIL MINUTES JULY 9, 1996 PAGE 4 Unified Development Code requirements. Since expansion will take place to present buildings, thus changing a lawfully existing non-conforming use, the school is required to have a sprinkler system or provide fire lane access. Fire Marshal Mike Logan stated that according to the 1983 Uniform Fire Code, access must be provided to all buildings or a sprinkler system must be installed in each building. Chief Koontz stated that the August 15, 1998 date stipulated in Item #3 of Attachment A is a target date to allow the school time to do a bonding program to acquire funds necessary for these required renovations. If the required renovations cannot be accomplished by the 1998 date, the school will need to come before the Council with a request for a revised site plan. City Attorney Bob McFarland stated that he would have to do some legal research to determine if the HEB ISD Board would have the authority to authorize an interlocal agreement that would hold harmless another political subdivision from liability against a claim for failure to sprinkler. Council Member Miller withdraw his motion with the consent of the second, Council Member Walker. Council Member Miller asked City Attorney McFarland to discuss with the HEB-ISD Attorney the possibility of a hold harmless agreement. Council Member Miller moved to approve Site Plan #96-20-SP with conditions as follows: 1. Revised building plans, consistent with the approved site plan, shall be submitted to and approved by the city's building official and fire marshal prior to issuance of building permits. NNW 2. All new buildings shall be constructed in compliance with city code requirements, specifically with respect to, but not limited to, the installation of sprinkler systems. 3. All existing buildings must be brought into compliance with city code requirements specifically with respect to, but not limited to, the installation of sprinkler systems, on or before August 15, 1998. 4. No combustible construction shall commence on new buildings until such time as adequate fire protection has been provided on the site as determined by the city fire chief/fire marshal. 5. Existing fire lanes disturbed during the installation of water mains, fire hydrants and other fire protection related items shall be brought to current city standards with regard to pavement and subgrade for the full width of said fire lanes at the time of the installation of the water mains. 6. All new fire lanes shown on the site plan shall be constructed to current city standards with the construction of the new buildings. Neither a final inspection of the new buildings nor occupancy of the new buildings shall occur until such time as the new fire lanes are complete. 7. Existing fire lanes which are not disturbed during the installation of water mains shall be reconstructed to meet current city standards in accordance with the following schedule: COUNCIL MINUTES JULY 9, 1996 PAGE 5 Nye. a. The looped fire lane and drive approach at the Drivers' Education Parking Lot and the fire lane and drive approach on the north side of Building S west of the batting cages shall be reconstructed prior to August 15, 1997; b. The fire lane and drive approach on the west side of the site and adjacent to Trojan Trail and the fire lane and drive approach on the east side of the site and adjacent to Midway Drive and the track shall be reconstructed prior to August 15, 1998. 8. The fire chief/fire marshal shall be authorized to accelerate the fire lane reconstruction schedule should the existing fire lanes deteriorate to the point of being impassable. Council Member Walker seconded the motion. Ayes: Council Members Hogg, Miller, Walker and Edwards and Mayor Saleh Nays: Mayor Pro Tem Baker and Council Member Tyson Mayor Saleh declared the motion carried. ITEM NO. 6: APPROVAL OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY BOARD Council Member Miller moved to accept Lawrence Lubrano's resignation from the Industrial New Development Authority and from the position as alternate on the Library Board and approve the following appointments to the Economic Development Advisory Board: Lawrence Lubrano, Place 6, term to expire 12/31/97 Patricia Fry, Place 9, term to expire 12/31/96 Council Member Edwards seconded the motion. Ayes: Council Members Tyson, Hogg, Miller and Edwards, Mayor Pro Tem Baker and Mayor Saleh Nays: Council Member Walker Mayor Saleh declared the motion carried. ITEM NO. 7: APPROVAL OF RESOLUTION NO. 96-946 Council Member Edwards moved to approve Resolution No. 96-946, authorizing the execution and delivery of a Continuing Disclosure Agreement with the Trinity River Authority. Council Member Hogg seconded the motion. Ayes: Council Members Tyson, Hogg, Miller, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh COUNCIL MINUTES JULY 9, 1996 PAGE 6 'to Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8: APPROVAL OF RESOLUTION NO. 96-947 Assistant City Manager Joe Hennig explained that the establishment of a North Texas Tollway Authority will be considered in the 1997 legislative session. The proposed Authority would be comprised of Collin, Dallas, Denton and Tarrant Counties. Another option would be to merge the Texas Turnpike Authority into the Texas Department of Transportation in 1997. Council Member Miller stated that he felt the city has a good relationship with the Texas Department of Transportation. With the proposed establishment of a North Texas Tollway Authority, there is some question as to how much representation the city will have on that board. Mayor Saleh commented that there would be a Regional Transportation Committee meeting on July 11 at the North Central Texas Council of Governments where this issue will be discussed and perhaps it would be appropriate for a representative from the city to attend. Mayor Saleh suggested that City Engineer Paul Kruckemeyer contact Wes Heald, Fort Worth District Engineer, TXDOT, to determine his view of the proposed Tollway Authority. Council Member Miller moved to deny Resolution No. 96-947, endorsing the establishment of a North Texas Tollway Authority. ^rr. Council Member Walker seconded the motion. Ayes: Council Members Miller, Walker and Mayor Saleh Nays: Council Members Tyson, Hogg and Edwards and Mayor Pro Tern Baker Mayor Saleh declared the motion failed. Council Member Walker moved to table consideration of Resolution No. 96-947 until the second meeting in August. Council Member Edwards seconded the motion. Ayes: Council Members Tyson, Hogg, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Member Miller Mayor Saleh declared the motion carried. Mayor Saleh requested that staff do some research on the issues raised regarding make-up of the board and the possible benefits to the city of the proposed tollway authority and report back at the next Council meeting. r.. COUNCIL MINUTES JULY 9, 1996 PAGE 7 `om. ITEM NO. 9: RENEWAL OF BID NO. 95-08 - OFFICE SUPPLIES Council Member Hogg moved to approve a one-year renewal of Bid No. 95-08 with Corporate Express for office supplies at present pricing. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Tyson, Hogg, Miller, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10: AWARD OF BID NO. 96-13 - RENOVATIONS FOR BUILDING C, CITY COMPLEX Director of Administrative Services Tom Cox stated that a requisite of the bid for renovations to Building C was a bid bond or a cashier's check in the amount of 5% of the bid. The low bidder, Bailey Construction, Inc., submitted a personal check rather than a cashier's check, therefore, staff recommends award of the bid to Stillwell Building Systems, Inc., who submitted the next lowest bid. Council Member Hogg moved to award Bid No. 96-13 for partial renovation to the interior structure of Building C, City Complex, to Stillwell Building Systems, Inc. in the amount of $115,145. Council Member Miller seconded the motion. Ayes: Council Members Tyson, Hogg, Miller, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11: APPROVAL OF MINUTES OF JUNE 25, 1996 REGULAR MEETING Council Member Edwards moved to approve the Minutes of the June 25, 1996 Regular Meeting as presented. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Tyson, Hogg, Miller, Walker and Edwards, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. COUNCIL MINUTES JULY 9, 1996 PAGE 8 Mr. Ayaz Babar, 1005 Simmons, Euless, addressed the Council regarding his concerns about a sewer line being installed on Simmons Drive. Mr. Babar expressed dismay over not being notified of the project in advance. Mr. Babar said the first time he was notified of the project was the last week in June. Mr. Babar was particularly concerned about some 14' tall bushes planted as a barrier between his property and the commercial property next door. Mr. Babar stated that on the first of July, Assistant City Engineer Andrea Baxter had assured him that the contract included replacement of any landscaping disturbed by the project and she agreed to provide him with a copy of the contract but he still does not have a copy. Mr. Babar said a backhoe cut into the gas main on his property and one of the workers who was approximately 15 feet from the gas main lit a cigarette. At this point Mr. Babar called the Fire Marshal and Lone Star Gas who shut off the gas. Mr. Babar provided pictures of the work done on his property and asked that in the future the city try to communicate with homeowners in advance of this kind of project. Mr. Babar said that an open sewer line was laying across his lawn which was kept together with duct tape which was leaking. This leakage caused his driveway to become muddy. He called Charles Belton, Public Works Inspector, several times and indicated that there was not enough gravel in his driveway. Mr. Babar also reminded the Council that he had discussed a problem with 14' tall busses on the other side of his back fence at a Council meeting approximately two years ago. Mr. Babar noted that when he tries to call City Engineer Paul Kruckemeyer and he is not in his office, the phone message instructs him to dial "0" for assistance, however, when he does so the message states that personal assistance is not available. City Manager Tom Hart replied that when the sewer project is completed there should be a definite improvement for the homeowners. Mr. Hart instructed City Engineer Paul Kruckemeyer to work closely with the contractor to ensure that the project is completed according to the contract provisions. Mayor Saleh asked staff to contact Mr. Babar and explain what zoning requirements apply to Tours By Stan. ITEM NO. 12: REPORTS a) City Manager City Manager Tom Hart had nothing to report. b) City Attorney City Attorney Bob McFarland had nothing to report. c) Staff Community Services Director Rick Herold gave an update on Arbor Daze 1996. Mr. Herold distributed a report which included a cost to departments and other expenses and revenues. Cash sponsorships totalled $89,000. Mr. Herold stated that he would like to have a discussion in the next few months with Council regarding location of Arbor Daze, fees, cost of departments to run the event, parking fees, cost versus benefit, alcohol, impact on city businesses, etc. Mr. ''■••► Herold estimated there were close to 100,000 people who attended the Arbor Daze festival. COUNCIL MINUTES JULY 9, 1996 PAGE 9 d) City Council Council Member Tyson thanked Rick Herold for his hard work on Arbor Daze. Mr. Tyson congratulated Danny Neill and Jesse Alfaro. Council Member Miller said he took two of his clients to lunch, one of whom lived in Azle and the other in Fort Worth. Both people commented positively on the Library and one said that members of her family had attended Arbor Daze and they felt it was the best festival around. Council Member Edwards commended Rick Herold for his efforts to make Arbor Daze such a huge success. Ms. Edwards invited citizens to visit the new library. Mayor Saleh reported that the first 100 people to visit the library were given carnations and there were 878 people who entered the library that day with 1,810 items checked out, which was a record high for daily use, and there were 485 new library card registrations. Mayor Saleh thanked Rick Herold for arranging the "Hello Dolly" fanfare at the beginning of the meeting. Della Ferris, 609 Commerce, asked who owns the vacant lot next to her on the east and asked that the property be inspected and cleaned up. Ms. Ferris also asked where Euless citizens could take things the garbage company won't pick up. Mayor Saleh replied that if you call the garbage company they will make a special trip to pick up certain items. Council Member Tyson said when he called Laidlaw Waste Systems to pick up an old washing machine, he was told to put it out with his other garbage and Laidlaw would send another truck to pick it up. Mayor Saleh reconvened a closed session at 9:02 p.m. Mayor Saleh adjourned the closed session. ITEM NO. 13: ADJOURN Mayor Saleh adjourned the meeting at 10:15 p.m. APPROVED: jta Mary Lib aleh, Mayor ATTEST: � � / -1,;/ 'an Crim, NC,City Secretary