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HomeMy WebLinkAbout1996-11-12 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 12, 1996 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:20 p.m. on Tuesday, November 12, 1996, in the Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Bobby Baker and Council Members Carl Tyson, Leon Hogg, Charles Miller, Glenn Walker, and Katie Edwards. 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. Precouncil discussion was held on agenda items and other scheduled items. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:10 p.m. for consideration of scheduled items. Staff Members Present Tom Hart, City Manager; Joe Hennig, Assistant City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Tom Cox, Director of Support Services; Paul Kruckemeyer, City Engineer; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Randy Byers, Public Works Director; Bo Bass, Director of Development; Diana Ortiz, Director of Finance; Clyde Cullum, Public Works Superintendent and Reserve Police Officer; Jenny Kratz, Municipal Relations Coordinator; Shelly Bird, Assistant to the City Secretary; Tammy Money, Benefits Manager; Ruth Alley, Personnel Manager; Andrea Baxter, Assistant City Engineer; Carolyn Johnson, Animal Control Officer; and Paul Wrzesinski, Water Utilities Superintendent. Visitors Planning and Zoning Commissioner Billy Owens; Albert Simmenroth, Civil Service Commissioner; Carrot Scott; Chris Newton; Joe Blanoc, Aerobotics; Ken & Mary Balsinger. PLEDGE OF ALLEGIANCE Cub Scout Troop #546, led the Pledge of Allegiance. Their troop leader, Dan Steggall, was present with them. COUNCIL MINUTES NOVEMBER 12. 1996 PAGE 2 INVOCATION Council Member Katie Edwards gave the invocation. ITEM NO. 1: EMPLOYEE OF THE MONTH PRESENTATION Mayor Saleh presented a plaque and gift certificate to Carolyn Johnson, Animal Control Officer, as Employee of the Month for November. ITEM NO. 2: EMPLOYEE SERVICE PIN PRESENTATION Mayor Saleh presented Clyde Cullum, Public Works Superintendent, with his 20 year service pin. Clyde introduced his wife Gayle, daughter Casey and son Michael. CONSENT AGENDA Council Member Miller moved to approve items 3 through 8 on the Consent Agenda as follows: ITEM NO. 3: CAPITAL IMPROVEMENTS ADVISORY COMMITTEE SEMI- ANNUAL REPORT FOR THE PERIOD OF JANUARY 1, 1996, THROUGH JUNE 30, 1996. Accepted the Capital Improvements Advisory Committee semi-annual report for the period of January 1, 1996 through June 30, 1996. ITEM NO. 4: STREET NAME CHANGE FROM AIRPORT DRIVE TO TEXAS STAR PARKWAY Approval of Resolution #96-960 changing the street name of Airport Drive to Texas Star Parkway. ITEM NO. 5: CHANGE ORDERS NO. 1 & NO. 2 TO THE CONTRACT FOR CONSTRUCTION OF RECREATION FACILITIES AT THE PARKS AT TEXAS STAR WITH ARCHITECTURAL UTILITIES, INC. Approval of Change Order No. 1 (Grease trap for concession building) in the amount of $5,978 and Change Order No. 2 (Batting cage equipment) in the amount of $67,383 to the City's contract for construction of recreation facilities at the Parks at Texas Star with Architectural Utilities, Inc. (AUI) for a revised contract amount of $3,959,361. COUNCIL MINUTES NOVEMBER 12. 1996 PAGE 3 r.. ITEM NO. 6: INTERLOCAL PURCHASING AGREEMENT WITH HOUSTON - GALVESTON AREA COUNCIL (H-GAC). Approval of interlocal purchasing agreement with Houston-Galveston Area Council Cooperative Purchasing Program. ITEM NO. 7: PURCHASE OF CUES CAMERA UNIT Approval of purchase of CUES camera unit through the Houston-Galveston Area Council Cooperative Purchasing Program in the amount of$84,910.38. The CUES Camera unit is utilized for viewing the interior of the sanitary sewer system. ITEM NO. 8: RENEWAL OF CONTRACT (BID NO. 95-26) Approval of renewal of contract (Bid No. 95-26) for emergency medical supplies and equipment, as allowed by law, to the following vendors from the previous year: Bound Tree/ Advanced Life Support Products Plaza Pharmacy Council Member Edwards seconded the motion for approval of items 3-8 on the Consent Agenda. Ayes: Council Members Tyson, Hogg, Miller, Walker, and Edwards, Mayor Pro Tern Baker, and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 9: PUBLIC HEARING FOR SPECIFIC USE PERMIT #34-SUP - BILLIARDS. Request of Bruce and Cindy Khanhkham for a Specific Use Permit for a billiards establishment within the I-1 (Light Industrial District) zoning district at 905 and 907 Heather Drive, Lots 9 and 10, Block 1, Cresthaven Addition. Director of Development, Bo Bass, described the request, stating that the Unified Development Code requires a Specific Use Permit for a billiards establishment for the COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 4 r.. purpose of determining the impact of surrounding land uses. He stated that the Planning and Zoning Commission had reviewed the request and recommended denial to the City Council. Mayor Saleh requested Mr. Bass show the audience on the map where the proposed business would be located. Mayor Saleh then asked what is located on those two lots at this time. Mr. Bass informed her that the lots are vacant at this time. Mayor Saleh opened the public hearing at 7:20. There were no proponents or opponents. Mayor Saleh closed the public hearing at 7:21. ITEM NO. 10: DENIAL OF SPECIFIC USE PERMIT #34-SUP-BILLIARDS. Council Member Miller moved to deny the request for Specific Use Permit #34-SUP for a billiards establishment to be located at 905 and 907 Heather Drive. ,,tis, Council Member Walker 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 SITE PLAN#96-SP -INTERNATIONAL/REGIONAL INDUSTRIAL COMPLEX, LOT 8, BLOCK C. Director of Development, Bo Bass, discussed the site plan, showing the location on a map. Mr. Bass stated that there were two key issues: (1) the presence of the various chemical materials stored on the site and stated that issue has been addressed to the satisfaction of the Fire Department and DRC; and (2) the quantity of masonry on the building. Mr. Bass then stated the applicant is exceeding the ordinance in terms of masonry by building 100% masonry facade on the street facing elevation, as opposed to 60% as required as a minimum in the ordinance. Council Member Hogg moved to approve Site Plan#36-SP for an office/warehouse within COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 5 Nifty an 1-2(Heavy Industrial)Zoning District on Lot 8, Block C, International/Regional Industrial District; located on the west side of Royal Parkway. Mayor Pro Tern Baker seconded the motion. Council Member Miller asked the owner about the brick and stated that the City is trying to change the building standards to make more buildings all masonry type structures. He asked Chris Newton, Chem-Spray representative, if the owner would entertain the possibility of making their building all brick or all masonry, knowing that in the future the city is going to try to make that their new requirement. Council Member Miller suggested that maybe Chem-Spray could recapture the additional cost with the increase of building values when other buildings around it are constructed with this type of quality. Mr. Chris Newton, with Chem-Spray North answered Council Member Miller's question by stating that they would consider it if it would please the Council. Council Member Miller then stated that the front of the building is very attractive and asked if they could continue the similar design down all the other sides. Mr. Newton stated that they would consider it. Council Member Miller asked Mr. Newton if it was critical that their request for a specific use permit be approved tonight. Mr. Newton stated that it was. Council Member Miller then stated that he had addressed his concerns and wished the minutes to reflect that the owner would consider making it completely brick veneer. Council Member Tyson stated that he shared the same thoughts that Council Member Miller had. He felt that it would make a much better building and make the entire area better once the standards are changed, and that he encouraged them to put some thought into it. City Attorney Bob McFarland added that the Council had asked for an amendment to the Unified Development Code, which basically will establish those requirements of future buildings within the city. Council Member Miller stated to Mr. Newton that although the amendment would not impact him, he hoped that Chem-Spray would work with the City, and that if Chem-Spray COUNCIL MINUTES NOVEMBER 12. 1996 PAGE 6 sold that building in 15-20 years, they might recover their costs and the area around it should be attractive. Ayes: Council Members Tyson, Hogg, Miller, Walker, and Edwards, Mayor Pro Tem Baker, and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12: APPROVAL OF SIGN VARIANCE #96-39-SV Director of Development, Bo Bass, gave a brief description of the request of Aerobotics, 1400 Westpark Way, for a variance to have their sign set back off the property line. Mayor Pro Tern Baker asked if this is a monument street sign. Mr. Bass said that it was a ground based monument sign. Mr. Baker then asked if it sits one foot off the property and how far that is behind the curb. Joe Blanco, Facilities Manager for Aerobotics, stated that it is about 14-16 feet. Mr. Bass stated that there were two primary concerns that staff had discussed with Aerobotics. One was the site distance as you drove down Westpark Way, primarily south, and that the City's Engineering Department has looked at it and have no concerns with the sight distance. The second concern was if Westpark Way was expanded in the future for right of way or construction of the cross-section, would Aerobotics move the sign? Mr. Bass said Aerobotics has committed to the City that they would file a letter with the City Secretary's Office stating they would remove it at their cost. Council Member Tyson asked if the pad was already poured for this. Mr. Bass stated that no construction has taken place. Mr. Tyson then asked how the foundation for the new sign was in relation to the concrete pad that is out there. Mr. Blanco stated that the current one would have to be removed. Mr. Tyson then asked if it would be back further than that one. Mr. Blanco stated yes, it is a little bit further back. Mr. Blanco stated the reason they want to put the sign further back is that right now they have the flag pole right in front of it. Mr. Blanco stated that if they put a flag on the flag pole, it is in the power lines and that they are moving the flag pole also. Council Member Tyson moved to approve Sign Variance No. 96-39-SV for a ground sign to be placed less than the minimum 5' setback from property line at Aerobotics subject COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 7 r.. to the owner agreeing to move the sign at no expense to the City of Euless when Westpark Way is expanded. 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. 13: AWARD OF BID NO. 96-28 Benefits Manager, Tammy Money presented the bids with options that were received by the City for employee insurance benefits. Council Member Walker moved to award Bid No. 96-28 as follows: Term Life/AD&D Blue Cross/Blue Shield Long-Term Disability ITT Hartford Employee Assist. Program Family Services Medical/Dental Insurance Renewal of self-insured, self-administrated plan Re-Insur. Carrier International Assurance Pre-Certification Health Utilization RX Plan Super Value Pharmacy PPO Network Medical Control Short Term Disability Accept no bid Council Member Hogg seconded the motion. In response to Council Members' questions, Ms. Money reported that the City insurance program is self-insured; that pre-retirement age claimants account for a large portion of the claims, because they are not yet on Medicare; that the City has a wellness program which includes flu shots and screening tests that help employees target problem areas; that annual physicals are available to insurance enrollees at a minimum cost; and that retirees are furnished information regarding all phases of the insurance program the same as full time employees. COUNCIL MINUTES NOVEMBER 12. 1996 PAGE 8 New Council Member Miller then asked Ms. Money if she keeps track of loss in terms of premiums collected under retirees versus losses paid out. Ms. Money stated that yes, every year when they do the budget book, one of the sheets in the book gives this information. 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. 14: AUTHORIZE CITY MANAGER TO EXECUTE REVISED LAIDLAW CONTRACT Council Member Miller moved to authorize the City Manager to execute the revised Laidlaw contract. Council Member Walker seconded the motion. Assistant. City Manager Joe Hennig, stated that the City Attorney had pointed out about 4 or 5 various small, minor, clarifications that are basically legal clarifications, and that those changes will be made upon Council's approval. Council Member Miller asked for clarification, because the way the contract is written now, there would be no rate increase under operations or disposal, although there is the possibility we could have a 28 day rate increase. Doug Rivers, Laidlaw representative, stated that he would go on record that they will not impose a rate increase. Council Member Tyson stated that he could not support this contract, because there are a couple of items in it that are detrimental to the City. One of those is changing the method of paying the contractor, based on billings versus collections, and that has moved the risk of collections from Laidlaw to the City. The second thing is any reference to the consumer price index. Assistant City Manager, Joe Hennig, stated for clarification, the city does now pay every Friday what the City has collected. The City does that 52 times a year. We are modifying that so that we will write them 12 checks a year instead of 52. We will pay COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 9 them monthly, by the 10th of the month, and we will pay that on the amount billed, not on the amount collected. Mr. Hennig stated that he believed the difference between 12 checks and 52 checks is much more efficient and a better way to pay for both Laidlaw and the City. Mr. Hennig said that, in his opinion the risk is very minimal in changing the method of paying and that our entire bad debt from garbage collection in 1995 was $3900. He did not think that was a risk that was substantial to consider. Mayor Pro Tern Baker stated that the City is the one that set the credit up with the client and if we have a contractor providing the service, he should not be the one at risk. If he is providing the service, the City has the responsibility to collect from the citizen or cover the loss. Council Member Tyson stated that we are only paid for providing billing, not collections, not bad debt service. If something happens in this year to cause the loss to be different from $3900, then the City is the one that will have to stand the loss. He believed the discussion at the last council meeting was that we were going to continue the contract as is, except to give an increase of 5% and 20%. Mr. Tyson stated that he is for that, but that he is not for those two clauses. Council Member Edwards asked if we could still stay with collection versus billing. Mr. Hennig stated that yes we could, but that he does not recommend it. City Manager, Tom Hart, stated that his instructions to Mr. Hennig were to negotiate a contract and that there were a number of negotiating sessions held and a number of points discussed. We ended up with a contract that we were comfortable to recommend to the Council. Bottom line, in any negotiating sessions there is give and take and for Mr. Hennig to be effective, he had to be willing to agree to certain things to get concessions in other areas, and that we have a good contract. There are advantages to this revised contract that are going to be good for our citizens like the $10 take all, and as a citizen, Mr. Hart stated he was glad to have that. He said the City will have a contract that he is extremely complimentary of. He said he was very comfortable to recommend this contract and move forward as it is a good contract for the City. Council Member Miller stated that he guessed Mr. Tyson's concern is on future contracts, and Mr. Miller feels that Mr. Tyson is saying, "we are setting a precedent for future contracts". City Manager Tom Hart, stated that he does not feel there is any precedent being set, and that his understanding is that we are going to have a work session some time in the COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 10 r.. future with Council to discuss the issues that they want to address before beginning the bidding process for a new contract. Council Member Edwards commented that this is a fourteen month contract and that Mr. Rivers had indicated that there would be no increase. She asked Mr. Rivers why the clauses were in the contract that reference increases. Mr. Hart then stated that there would have to be some major revisions because there are references to those two areas throughout the entire contract. Ms. Edwards stated that she didn't think there were that many references. Mr. Rivers stated that there are two or three clauses that talk about the operational and the disposal portion of the rate. Ayes: Council Members Hogg, Miller, Walker, Mayor Pro Tern Baker, Mayor Saleh Nays: Council Members Edwards, Tyson ,too, Mayor Saleh declared the motion carried. ITEM NO. 15: CONSIDER APPROVAL OF MINUTES FOR THE FOLLOWING a) Regular Meeting of October 10, 1996 b) Special Called Meeting of October 17, 1996 c) Regular Meeting of October 22, 1996 Council Member Walker motioned to approve the minutes of the regular meeting of October 10, 1996 and the regular meeting of October 22, 1996. Mayor Pro Tem 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 NOVEMBER 12, 1996 PAGE 11 The minutes of the Special Called Meeting of October 17, 1996 will be on the agenda of the November 26 meeting. ITEM NO. 16: REPORTS a) City Manager Assistant City Manager Joe Hennig reported that Mr. Duff Cunningham has been hired as the head pro for the golf course. He will begin his employment on November 18, 1996. Mr. Cunningham came from Squaw Valley near Glen Rose and has worked with John Snider, our superintendent. Mr. Hart commended Mayor Saleh and City Secretary Susan Crim for a great job of organizing the visit of elected officials from Gruibingen, Germany. He also stated the employees did an outstanding job representing the City of Euless. Mr. Hart mentioned that Arbor Daze has won another award from the State of Texas and complimented Rick on the work he has done. Mr. Hart said that the manager of Softball World will give a report from Softball World at the next Council meeting. Mr. Hart commented that the renovation of Building C is progressing but the golf course and athletic complex are not moving as quickly as was hoped. The athletic complex is moving better than the golf course. Mr. Hart then commended Tammy Money on the insurance bidding process. b) City Attorney City Attorney Bob McFarland had no report c) Staff There was no staff report. d) City Council Council Member Tyson congratulated Carolyn Johnson for being employee of the month when she has only been employed with the City since March. He congratulated Clyde Cullum on his 20 year service pin. Mr. Tyson also commented on the Boards and Commissions dinner and commended Susan Crim on making the evening a great success. COUNCIL MINUTES NOVEMBER 12, 1996 PAGE 12 Nay Council Member Hogg congratulated Carolyn Johnson and Clyde Cullum and commended Tammy Money on the insurance bidding process. Mr. Hogg stated that he saw Debbie Forte, former Finance Director for the City of Euless, on the news while he was in Lamesa recently. He thanked everyone for their prayers and thoughts upon the death of his brother-in-law and father-in-law. He stated that Jan appreciated the care and concern also and that many employees from the City gave them their condolences. Mayor Pro Tem Baker stated that he attended a breakfast this morning to help State Representative Elect Todd Smith repay his campaign debt. Mr. Baker said that Mr. Smith will make us a very good representative. Council Member Miller stated that he was not sure the people in the audience are aware of how much they have gone back and forth on the recycling and the trash contracts. He stated that now both the recycling and solid waste contracts will expire on a concurrent date where the vendors will come to us and we can either renew both of them simultaneously or bid them simultaneously. He stated that we have always had them at different dates and the businesses are really very related. He stated that he is very happy that this is resolved. Mr. Miller then commended New Hennig for his help with getting electricity turned back on for an individual that was on a respirator. Council Member Edwards commended Tammy Money on her excellent job with the insurance bidding. She commented that Clyde Cullum has been an excellent resource for her and that anytime she has called Clyde for help in repairing streets, he has always gotten it resolved quickly. She stated that he is very much customer focused. Mayor Saleh commented on the Boards and Commission dinner and stated that there were approximately 168 people at the dinner last night and it was probably the most successful dinner yet. She commended Tammy Money for her insurance bid work and Randy Byers for the Capital Improvement Projects report he gave in precouncil. Mayor Saleh stated that several Council Members and Staff members attended the Texas Municipal League annual conference in Corpus Christi the past week.. Mayor Saleh thanked everyone for their help with the German visitors. COUNCIL MINUTES NOVEMBER 12. 1996 PAGE 13 ITEM NO. 16: ADJOURN There being no further business before the City Council, Mayor Saleh adjourned the City Council meeting at 8:15 p.m. APPROVED: L-1)LAA.,1/Y1,1-dif2a. Mary LilY Saleh Mayor ATTEST: usan Crim, •MC/AAE City Secretary