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HomeMy WebLinkAbout1999-06-22 MINUTES OF A REGULAR MEETING ,, OF THE �, EULESS CITY COUNCIL JUNE 22, 1999 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:05 p.m. on Tuesday, June 22, 1999, in the Administration Building Downstairs Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg, Glenn Porterfield, and Katie Edwards. Council Member Bobby Baker was not in attendance. Closed session was held to deliberate real property and personnel matters as authorized by Sections 551.072 and 551.074. 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 the consideration of scheduled items. Staff Members Present *ow City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, City Secretary Susan Crim, Director of Administration Torn Cox, Acting Police Chief Bob Freeman, Fire Chief Lee Koontz, Finance Director Loretta Getchell, Director of Community Services Rick Herold, Assistant Director of Public Works Andrea Baxter, Library Administrator Joann Rogers, Battalion Chief Scott Parsley, Development Services Manager Kevin Mercer, Information Services Manager Dan McLain, Computer Services Specialist Rick Maldonado, Police Sgt. Wayne Pavlik, Public Works Equipment Operator Bill Woods, Reserve Police Officer Clyde Cullum, Senior Administrative Assistant Scott Campbell, and Assistant to the City Secretary Becky Null. Visitors Carroll Scott, Library Board Member Wes Scott, Planning & Zoning Commissioner Billy Owens, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Mayor Pro Tem Charlie Miller led the Pledge of Allegiance. INVOCATION `- Council Member Carl Tyson gave the invocation. City Council Minutes Page 2 of 13 June 22, 1999 ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Director of Administration Tom Cox introduced Equipment Operator Bill Woods, receiving a 15-year pin and Computer Services Specialist Rick Maldonado, receiving a 5-year pin. Acting Police Chief Bob Freeman introduced Police Sgt. Wayne Pavlik, receiving a 10-year pin. Consent Agenda ITEM NO. 2 CONSIDERATION OF BID NO. 98-16 NOTE: Item No. 2, a one-year extension of jail food contract with Scobee Foods, Inc., was pulled from the agenda and not considered. ITEM NO. 3 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1369 Approval of first and final reading of Ordinance No. 1369 amending Chapter 30, "Fees", Section 30-28, "Library", of the Euless Code of Ordinances. ITEM NO. 4 APPROVAL AUTHORIZING EULESS PUBLIC LIBRARY BOARD TO APPOINT TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) REPRESENTATIVE AND ALTERNATE REPRESENTATIVE Approval authorizing the Euless Public Library Board to appoint the Texas Regional Library System (NTRLS) representative and alternate representative for two year terms. ITEM NO. 5 APPROVAL OF MINUTES Approval of the minutes of the regular meeting of the Euless City Council on June 8, 1999. Mayor Pro Tem Miller motioned to approve Consent Items No. 3 through 5. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 3 of 13 June 22, 1999 Regular Meeting New ITEM NO. 6 APPROVAL AUTHORIZING CITY MANAGER TO ACQUIRE RIGHT-OF-WAY ALONG HARWOOD ROAD FOR PAVING IMPROVEMENTS Mayor Pro Tern Miller motioned to approve authorizing the city manager to acquire 4.264 acres of right-of-way for paving improvements along Harwood Road, from 350 feet west of North Main Street to SH 360. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 APPROVAL OF RESOLUTION NO. 99-1025 Council Member Hogg motioned to approve Resolution No. 99-1025 declaring a public necessity for the acquisition of parcels of real estate required for the reconstruction improvement to Harwood Road, from 350 feet west of North Main Street to SH 360. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8 APPROVAL OF RESOLUTION NO. 99-1026 Mayor Pro Tern Miller motioned to approve Resolution No. 99-1026 declaring expectation to reimburse expenditures with proceeds of future debt for construction of a new police and municipal court facility. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards City Council Minutes Page 4 of 13 June 22, 1999 Nays: None Nur Mayor Saleh declared the motion carried. ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1368 Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1368 amending Ordinance No. 1334, providing for Crime Control and Prevention District Amended Budget for fiscal year beginning October 1, 1998, and ending September 30, 1999, by increasing the total expenditures to $1,495,000 with $510,000 thereof to be allocated to the Police Facility Construction Fund. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 PRESENTATION OF CRIME CONTROL DISTRICT BUDGET Acting Police Chief Bob Freeman presented the proposed Crime Control District Budget for fiscal year 1999-2000. He stated that the Crime Control District Board held a public hearing on June 8, and approved the proposed budget for a total of $997,587.00 on June 22. The budget will be on the City Council agenda for approval on August 10. Mayor Pro Tern Miller asked if the personnel costs included in the proposed budget would eventually be paid for out of the city's general fund budget. Mr. Freeman replied that those positions had been approved to be funded solely by the Crime Control Prevention District. ITEM NO. 11 APPROVAL AUTHORIZING CITY MANAGER TO ISSUE REQUESTS FOR QUALIFICATIONS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE POLICE AND COURTS FACILITY Deputy City Manager Gary McKamie stated that staff is now at the point of bidding the construction of the police and court facility. He stated that staff is presenting the construction management process as an option for council consideration. City Council Minutes Page 5 of 13 June 22, 1999 Greg Schon, PSA Architects, stated that he had no preconception on whether to use the general contractor or construction management process. There are pros and cons to both methods. He stated that there is more control in who the city works with in the construction management process, because they pick the contractor. In the general manager process, the city would have to go with the lowest bidder. The construction manager bids all the work to subcontractors and the general contractor does the same in a different way, contracting with the subs he has bid. With the general contractor, the city will know the price of the project at bid opening, but won't know who the contractor is until the bids are opened. It is very difficult to pre-qualify contractors. In the construction management process, you pick the management company and then work out the cost with a guaranteed maximum price. A highly qualified construction manager is associated with highly qualified subcontractors. The construction manager typically bonds all the work and may also have the subcontractors bond themselves. Should the cost exceed the guaranteed maximum price, it could either be handled out-of-pocket by the construction manager or by the performance bond. Under a general contractor there would be change orders funded by the city. He stated that with the activity in the market place at this time contractors are so busy that there is less interest in bidding, and small contractors are bidding larger projects. This is a concern because a more experienced firm may not be the low bidder. There are good general contractors out there that would like to have the project, but there is no guarantee who will get the bid. With construction management the city can select the company, because it is considered a professional service. Those contracts are written directly to the city, but are overseen by the construction manager. Mr. Schon also stated a construction manager would have staff on the site providing additional supervision and would be acting as the owner's agent. Deputy City Manager McKamie stated that on the library and clubhouse projects, which were done by general contractor method, a staff person provided on-site project management approximately 80-90% of the time. With construction management, it should drop to about 20%. City Manager Hennig stated that with all the projects going on now, Assistant Public Works Director Andrea Baxter is extremely busy. Council Member Tyson asked about hiring someone to oversee the project. Mr. Hennig stated that is an option but would be additional cost to the project. He stated that as a checkpoint, PSA, Inc., could interview prospective construction management firms and bring them before the city council in precouncil. City Council Minutes Page 6 of 13 June 22, 1999 In response to Council Member Edward's question, Mr. Schon stated that a construction management firm would be selected with the same process as used in selecting an architect, through newspaper advertising and knowledge of firms available. Council Member Tyson asked what the checks and balances on the cost would be if a construction manager was used. Mr. Schon stated that the construction management firm would give you a guaranteed maximum price. PSA, Inc., will also prepare detailed estimates to make sure the maximum cost is not an inflated figure. Typically, the cost ends up being less than the guaranteed maximum. Mayor Pro Tern Miller stated his concern about who would pay if the project cost went over the guaranteed maximum. He also questioned what happened if the project cost less than the guaranteed maximum. City Attorney Bob McFarland stated he did not think it would be any different than with a general contractor. Deputy City Manager McKamie stated that there are two ways to handle a change in cost. Either 100% goes back to the city, or as an incentive, it can be split. These things would be handled in the contract. He stated that this is not a new concept. There are a lot of area cities, as well as HEBISD, that have used this process. Mayor Pro Tern Miller stated that he supports the general contractor process. He noted that the Ballpark in Arlington and Bass Hall were constructed by general contractors. Mr. Schon agreed that good general contractors have good subcontractors, but the city is not guaranteed that they will get a good general contractor with the bid process. Mayor Pro Tem Miller asked Greg Schon if the police facility is a $10 million project. Mr. Schon replied that the construction cost is actually $7.5 million. City Manager Hennig stated that the council has routinely asked for options and the staff is simply bringing an option for council consideration. Council Member Porterfield stated that he has seen the construction management process work and is convinced that the work could be done with that process and the city could probably save some money over a general contractor. He stated he is in favor of using that process. City Council Minutes Page 7 of 13 June 22, 1999 Mayor Saleh stated that one of the main considerations is the limited staff capabilities with all the projects in progress at this time. After additional discussion Council Member Edwards motioned to approve authorizing the city manager to issue requests for qualifications for construction management services for the police and courts facility. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Council Members Hogg, Porterfield, and Edwards Nays: Mayor Pro Tern Miller and Council Member Tyson Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1370 Acting Police Chief Bob Freeman and Assistant Director of Public Works Andrea Baxter reviewed the city streets that are being proposed as truck routes. Ms. Baxter stated that the Traffic Safety Committee concurred with the recommendation. Council Member Porterfield motioned to approve the first and final reading of `` Ordinance No. 1370 amending Chapter 82 "Traffic and Motor Vehicles," Article III "Operation of Vehicle," Section 82-67 "Same-Streets Designated; Emergencies; Truck Traffic Confined; Emergency Vehicles Excepted". Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13 TABLED FIRST AND FINAL READING OF ORDINANCE NO. 1371 Assistant Director of Public Works Andrea Baxter stated that with the passage of the telecommunications ordinance, staff decided that standards should be established for construction utilizing rights-of-way and easements. Mayor Saleh questioned whether Item No. 7 on page 3 involving tree trimming included residential and whether notification was required. City Council Minutes Page 8 of 13 June 22, 1999 Ms. Baxter stated that the item included residential, but did not require notification of property owners, only the city. She stated that plats currently are showing dedicated easements with a statement that does not require permission to utilize easements. She stated that certainly could be considered. City Attorney Bob McFarland stated that public right-of-way does not require notification, but if it encroaches into private property, the city can certainly require notification. The following proposed changes to the ordinance were discussed: (1) adding wording to Item No. 11 on page 7, that the repairs should be made to the satisfaction of the city and owner in a timely manner; (2) Require "As-Builts" to show vertical depth; and (3) Item No. 9 on page 4, requiring $2 million on Prod./Comp. Op. Agg. Insurance. City Attorney Bob McFarland suggested that the item be tabled to August 10, to allow the council to see the changes. Mayor Pro Tem Miller motioned to table the first and final reading of Ordinance No. 1371 to August 10, 1999, amending Chapter 84 "Unified Development Code," Article X "Urban Design Principles and Improvement Standards," by adding Section 84-447 "Right-of-Way and Easement Usage Requirements". Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1366 Mayor Pro Tern Miller motioned to approve the first and final reading of Ordinance No. 1366 amending the code of Ordinances by the addition of a new Chapter 80 "Telecommunications" with amendments to page 9, by inserting $0.75 per month for residential access line fee calculation amount and $2.43 per month for non- residential access line fee calculation amount, amendment to page 10, by inserting $2.43 per month for Private Line Termination Points access line fee calculation amount, and amendment to page 20 by increasing the insurance limit for Prod./Comp. Op. Agg to $2 million. Council Member Edwards seconded the motion. City Council Minutes Page 9 of 13 June 22, 1999 Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. City Attorney Bob McFarland stated that this ordinance will only be in effect until September 1, when House Bill 1777 takes effect. HB 1777 provides that a telecommunication provider will pay the city the required fees in effect as of September 1. This ordinance sets that fee for calendar year balance of 1999 and 2000 until the Public Utility Commission approves the new residential and non- residential rate which will go into effect March, 2000. HB 1777 holds the city harmless and guarantees whatever the city receives in 1998 as the floor. This ordinance continues that for 1999 to 2000. ITEM NO. 15 APPROVAL OF SITE PLAN NO. 99-07-SP Development Services Manager Kevin Mercer stated that Classic Concepts Builders is requesting this site plan for two general office buildings totaling 5,002 square feet to be located on Tract 1A1, Edward Taylor Survey, A-1550, at the intersection of Glade Road and Clairemont Lane. The property is zoned C-2 (Community Business District). He stated that the Development Review Committee recommended denial and the Planning & Zoning Commission recommended approval with some corrections. In response to a question about the distance between accesses on Glade Road, Assistant Director of Public Works Andrea Baxter stated that the property fronts Glade and is permitted to have access off Glade. She noted that the accesses are 47 feet although 50 feet is required. She stated that when the property to the west is developed, access will be further west and the currently proposed access will be closed off. Council Member Porterfield motioned to approve Site Plan No. 99-07-SP for two general office buildings within C-2 zoning on Tract 1A1, Edward Taylor Survey, A- 1550, with the following additions: (1) Note placed on site plan and plat that state the applicant's commitment to remove at their cost the north access point off of Glade Road and to relocate it at a location of staffs choosing; (2) To extend the mutual access easements and emergency access easements as well as the pavement to the west property line; (3) To modify the building design so that it is no longer violating the side yard setback; and (4) To correct a few minor housekeeping things that DRC is aware of like north arrows, etc. Council Member Edwards seconded the motion. City Council Minutes Page 10 of 13 June 22, 1999 Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 APPROVAL OF RESOLUTION NO. 99-1031 Council Member Edwards motioned to approve Resolution No. 99-1031 regarding City of Euless participation in Tarrant County's Community Development Block Grant program for the fiscal year 2000 through fiscal year 2002. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 17 APPROVAL OF EXCEPTION TO LIGHTING REQUIREMENT OF r.. UDC FOR CASE NO. 99-06-CC Development Services Manager Kevin Mercer stated the Unified Development Code requires property to meet lighting-related regulations when replatted. A replat has been approved for Lot 3BR, Block E, Midway Square Addition, containing an auto lube business and self-service car wash, to correct an illegal deed split. The owner believes the property conforms to the minimum illumination requirements, but is requesting an exception to providing a lighting plan. In response to a question regarding the cost of a lighting plan, owner David White stated he has had three estimates ranging from $700 to $10,000. He stated that he sold the car wash and the new owner has added up-to-date lighting and that he has added lighting in front of the auto lube business. Council Member Tyson stated that he visited the site at 11:00 p.m. and there is plenty of light. Council Member Tyson motioned to approve an exception to the lighting plan requirements of the Unified Development Code Section 84-201 (i) for Lot 3BR, Block E, Midway Square Addition, providing the number and type of lighting fixtures are maintained as they currently exist. Council Member Edwards seconded the motion. City Council Minutes Page 11 of 13 June 22, 1999 Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 18 APPROVAL OF RESOLUTION NO. 99-1028 Council Member Tyson motioned to approve Resolution No. 99-1028 authorizing participation in Texas Local Government Investment Pool (Texpool) and designating authorized representatives. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19 APPROVAL AUTHORIZING CITY STAFF TO PREPARE A SHORT TERM MOTOR VEHICLE TAX REFERENDUM FOR NOVEMBER 2nd BALLOT Council Member Hogg motioned to authorize city staff to prepare a short term motor vehicle tax referendum for the November 2na ballot. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 20 APPROVAL OF BID NO. 99-12 Council Member Edwards motioned to approve Bid No. 99-12 awarding contract to Gra-Tex Utilities, Whitesboro, Texas, in the amount of $89,922.50 for installation of 8-inch water line improvements along SH 10, between Raider Drive and Westpark Way. Council Member Porterfield seconded the motion. r.. City Council Minutes Page 12 of 13 June 22, 1999 Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Porterfield, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 21 REPORTS STAFF REPORT Battalion Chief/ Emergency Management Coordinator Scott Parsley gave an update on the Y2K progress for the City of Euless. CITY MANAGER City Manager Joe Hennig thanked Mayor Saleh and City Attorney Bob McFarland for their efforts in lobbying Governor Bush to veto the impact fee bill and approve the crime bill. He stated that David Witcher had resigned as Economic Development Coordinator to work for Insight Research and that he had done a good job for the city. He noted that this is the last meeting for Scott Campbell and wished him well in his new position as City Administrator at the city of Ovilla. Mr. Hennig stated that he has received the final agreement on the Dallas Stars Hockey project and hopes to bring it before the council in August pending the city attorney's review. CITY ATTORNEY City Attorney Bob McFarland stated that Scott Campbell and David Witcher have been very good people to work with. He noted that Mayor Saleh's letter regarding the impact fee bill was the first one received by the Governor. CITY COUNCIL Council Member Edwards congratulated Bill Woods, Wayne Pavlik and Rick Maldonado on receiving their service pins. She commended Scott Parsley on his Y2K presentation. She stated she will miss Scott Campbell. Council Member Porterfield also congratulated Bill Woods, Wayne Pavlik and Rick Maldonado. He stated he will miss Scott Campbell. He encouraged the staff to redouble their efforts toward Economic Development and to share with the council members their plans for fulfilling economic development needs within the staff. He requested the staff inform the council of the overall objectives and goals for economic development and to make council members an integral part of that. He stated he appreciated Scott Parsley's presentation. He asked how the Texas Legislature overrides the Governor's vetoes. City Council Minutes Page 13 of 13 June 22, 1999 City Attorney Bob McFarland explained the process, noting that there is no mechanism for an override once the Legislature has adjourned and that only one governor's veto has been overridden since the 1970s. Mayor Pro Tem Miller stated that Scott Parsley gave a good report. He noted that he and Scott Campbell have become close friends and that he will miss him. He stated that he filled in for the Mayor at the Philippines Independence Day celebration. Council Member Hogg wished Scott Campbell good luck at Ovilla. Council Member Tyson congratulated the employees receiving service pins, stating that the employees are what makes a good city. He stated that Scott Parsley gave a good presentation. He congratulated Scott Campbell on becoming city administrator at Ovilla. He stated he attended the North Texas Municipal Clerks Association lunch and noted that City Secretary Susan Crim was presented with a plaque for being selected Municipal Clerk of the Year for the North Texas Municipal Clerks Association. Mayor Saleh stated that she will miss Scott Campbell. She commended Scott Parsley for an excellent staff report. She stated she attended the U.S. Conference of Mayors in New Orleans. She thanked Tom Cox for the new media presentation system in the council chambers. She stated that the council budget retreat will be August 6 - 8. ITEM NO. 19 ADJOURNMENT The meeting adjourned at 9:56 p.m. APPROVED: Lf / Jth_A.J Mary Lib Sah Mayor ATTEST: Crim M /AAE City Secretary r►