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Home My WebLink About2004-10-26 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL OCTOBER 26, 2004 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, October 26, 2004, in the precouncil room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Glenn Porterfield, Council Members Carl Tyson, Linda Martin, Charlie Miller, and Veva Lou Massey. Council Member Leon Hogg was absent. The precouncil meeting included a report from Economic Development Director Bill Ridgway who distributed reports on the recent hazardous waste cleanup day; a development/code update from Planning and Development Director Mike Collins; discussion of the possibility of townhomes on property currently zoned C-2 (Community Business District); discussion led by Fire Chief Lee Koontz on the proposed purchase of a 75 ft. pumper/ladder fire truck; discussion of a proposed sign ordinance with Director of Planning and Development Mike Collins; and a review of agenda items. 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 scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Director of Economic Development Bill Ridgway, Fire Chief Lee Koontz, Police Chief Leonard Carmack, Director of Public Works Ron Young, Assistant Fire Chief Robert Isbell, City Engineer Robert Barker, Utility Billing Manager J. T. Ackerman, Fleet and Facility Administrator Kyle McAdams, Texas Star General Manager Glenda Hartsell-Shelton, Planning and Development Manager Eric Wilhite, Public Works Manager Chris Barker, Library Administrator JoAnn Rogers, Assistant Library Administrator Sherry Knight, Library Technical Services Clerk Kim Miller, Library Secretary Karan Jasper, Executive Secretary Linda Turbeville, Fire Lt. Chanc Bennett, Firefighter/Paramedic David Johnson, Firefighter Jacob Smith, Firefighter Jerad Gomez, Purchasing Attendant Jerald Lively, Information Services Manager Dan McLain, Computer Services Specialist Kim Ross, Communications/Marketing Manager Betsy Boyett, and Police Reserve Officer Clyde Cullum. Council Minutes Page 2 of 7 October 26, 2004 VISITORS Darlene Johnson, Earl and Edra Bauman, Randy Marsh, Mandy Miller, Bert Dixon, Elizabeth Leonard, Jonathan Richardson, Carroll Scott, Barney Snitz, Boyce Byers, Keith Eggers, Billy Owens, Alex Horton, Mike Utzman, and other visitors as noted in the visitor register. INVOCATION Pastor Eddie Adams, Calvary Baptist Church, gave the invocation. PLEDGE OF ALLEGIANCE Girl Scout Troop No. 1513 led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR NOVEMBER Library Administrator JoAnn Rogers introduced Library Technical Services Clerk Kim Miller and her parents, Earl and Edra Bauman, and Mayor Saleh presented Kim with a plaque for being selected employee of the month for November. ITEM NO. 2 PRESENTATION OF CERTIFICATES OF APPRECIATION Director of Parks and Community Services Ray McDonald introduced Randy Marsh, job coordinator, and Mandy Miller, job coach, of the Hurst-Euless- Bedford Summer Youth Work Program and explained that students, Bert Dixon, Elizabeth Leonard, and Jonathan Richardson participated by performing work in the city's parks and planting the tree seedlings for trees given away at Arbor Daze. Mayor Saleh presented Certificates of Appreciation to each of them, and Ray McDonald gave each of them a Department of Community Services shirt. ITEM NO. 3 PRESENTATION OF CERTIFICATE OF APPRECIATION Fire Chief Lee Koontz introduced Firefighter/Paramedic David Johnson and his wife, Darlene. Mayor Saleh presented David with a certificate recognizing a motorcycle ride he organized from Dallas to Dayton, Ohio to raise $4,500 benefiting the Colon Cancer Alliance in honor of a fellow firefighter in Ohio diagnosed with terminal colon cancer. REGULAR AGENDA ITEM NO. 4 AUTHORIZED CITY MANAGER TO EXECUTE AN ENGINEERING DESIGN CONTRACT FOR THE DESIGN OF MISCELLANEOUS WATER MAINS Council Member Miller motioned to authorize the city manager to execute an engineering design contract with C & P Engineering, Ltd., for the design of various water main replacements throughout the city in an amount not to exceed $51,690.23. Council Minutes Page 3 of 7 October 26, 2004 Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5 APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1664 Council Member Miller motioned to approve the first and final reading of Ordinance No. 1664 amending Chapter 30, "Fees," Section 30-35, "Water and Sewer Service--monthly rates," of the Code of Ordinances. Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. Council Member Miller stated this is a pass-through charge from Trinity River Authority and will be effective with the billings in January, 2005, based on December consumption. ITEM NO. 6 REMOVED ORDINANCE NO. 1659 FROM THE TABLE Council Member Tyson motioned to remove from the table Ordinance No. 1659 related to right-of-way and easement usage requirements. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1659 Council Member Martin motioned to approve the first and final reading of Ordinance No. 1659 amending Chapter 86 "Utilities," by adding Section 86-1, "Right-of-Way and Easement Usage Requirements." Council Member Massey seconded the motion. Council Minutes Page 4 of 7 October 26, 2004 Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Martin, Miller, 'ow and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8 CONTINUATION OF PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-12-SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1665. Mayor Saleh continued the public hearing at 7:30 p.m. that was originally opened at the October 12, 2004, meeting, regarding Specific Use Permit No. 04-12-SUP for a drinking establishment with arcades and billiards on Lot 4AR1, Westpark Central Addition, in C-2 (Community Business District) zoning on 2155 West Airport Freeway#100. Director of Planning and Development Mike Collins stated that the applicant, Composite Investments, Inc., recently purchased Gator's Sports Grill. The establishment currently operates in an existing building located at 2155 W. Airport Freeway on property zoned C-2 (Community Business District). Previous SUPs have been approved during the last four years for arcades and billiards to operate within the establishment that adjoins the structure that had been operated as a Ramada Inn Hotel until February, 2001. A recent change in the ownership of the property, which includes the two separate buildings on the site, invalidated the most recent SUP that was approved as Ordinance No. 1582 in March, 2003. Mike Collins stated the applicant indicates they will continue its current operations with food service, arcades and pool tables. However, Composite Investments, Inc., explains that this would be an interim situation because they are finalizing negotiations that will result in the renovation of the building and property that operated as the former Ramada Inn as a new three star hotel property. The request for a drinking establishment is to allow the new owners the opportunity to secure a new flagship hotel. Enabling Gator's to continue its current operations could provide a cash flow that would help the new owner's finance the required renovations to the building and property that are necessary to secure a hotel. If the project becomes a reality, the city council will be asked to consider a specific use permit for the hotel operation, including the use of the portion of the development that currently operates as Gator's. If the new owners have not secured a hotel project, then the specific use permit would expire after one year. Mayor Saleh asked for any proponents. Roger Albright, 3301 Elm Street, Dallas, Texas, 75226, attorney for the applicants, stated they are planning to do a major redesign of the hotel, making larger rooms. They are planning for this to be a part of the Choice Family of Hotels. The Gator's operation is needed for cash flow in order to renovate the hotel. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Minutes Page 5 of 7 October 26, 2004 Council Member Miller motioned to approve the first and final reading of Ordinance No. r.. 1665 for a drinking establishment with arcades and billiards on Lot 4AR1, Westpark Central Addition, in C-2 (Community Business District) zoning on 2155 West Airport Freeway #100, subject to the following conditions: (1) One year period; (2) Tied to the current ownership, Composite Investments, Inc.; (3) Tied to applicant listed on the Texas Alcoholic Beverage License (Chlebak Enterprises, Inc.); and (4) No sexually oriented business promotions/activities on the premises. Council Member Martin seconded the motion. Council Member Miller stated that the one-year period is because, in essence, this request is for a bar. Approval of this request will probably solve the issue as to whether this is a bar or a restaurant. When the applicant comes back in one year they need to have a contract on a hotel and it needs to be under construction. Council Member Tyson stated that parking is a problem and asked if it was being addressed. Mr. Albright stated that there is currently enough parking according to city code and because the hotel is not open. Council Member Tyson stated that there has currently not been a problem with Gator's because they hire off-duty officers. He asked the applicant if they plan to continue hiring off-duty officers. Mr. Albright stated they will hire off-duty officers seven days a week in the evening, but he was not sure if they will be on duty during the day. The applicant stated they have increased the food hours and the kitchen now opens at 11:00 a.m., and they have created a lunch business that was not there before. He noted they currently have officers starting at 9:00 p.m. Council Member Tyson asked Council Member Miller if he would amend his motion requiring off-duty officers each evening at 9:00 p.m. Council Member Miller was not agreeable to amending the motion. Council Member Tyson motioned to amend the motion to require off-duty police officers at 9:30 p.m. daily. The motioned failed for lack of a second. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Martin, Miller, and Massey Nays: None ti.. Mayor Saleh declared the motion carried. Council Minutes Page 6 of 7 October 26, 2004 ITEM NO. 9 APPROVED CITY COUNCIL MINUTES Council Member Massey motioned to approve the minutes of the Regular City Council Meeting of October 12, 2004. Mayor Pro Tem Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 PUBLIC COMMENTS Mr. Scott Wooley, 607 Parker Drive, Euless, Texas, addressed the council regarding noise problems with the Laser Car Wash on FM 157. ITEM NO. 11 REPORTS CITY MANAGER City Manager Joe Hennig had nothing to report. CITY ATTORNEY City Attorney Bob McFarland updated the council on the status of recent litigation. CITY COUNCIL Council Member Miller congratulated employees Kim Miller and David Johnson honored tonight. He also congratulated Randy Marsh, Mandy Miller, and the students in the Summer Youth Work Program. He stated he recently represented the City of Euless in the Colleyville Heritage High School homecoming parade. Council Member Martin also congratulated Kim Miller and David Johnson. She stated she has worked with David on the MDA Telethon. Council Member Tyson congratulated Kim Miller and stated the library does a good job. He congratulated Randy Marsh, Mandy Miller, and the students in the Summer Youth Work Program. He thanked David Johnson for his commitment to his fellow firefighters. He stated he attended the Fire Department Open House and stated his appreciation for Chief Koontz and the firefighters. Mayor Pro Tern Porterfield also congratulated Kim Miller and David Johnson for their r• • efforts, and the students who helped in the parks. He stated they are inspiring. He also stated his appreciation for Randy Marsh and Mandy Miller. He thanked Scott Wooley for coming and speaking at the council meeting. Council Minutes Page 7 of 7 October 26, 2004 No.. Council Member Massey congratulated Kim Miller, David Johnson, and the Summer Youth Program participants. She stated she is proud of city employees who doubled their United Way donations. She stated she and her husband attended the Starlight Theater performance and stated there is a lot of talent at the theater. Mayor Saleh thanked the employees. She stated the United Way effort was a fun program. She attended the Fire Department Open House and thanked Fire Chief Koontz and Assistant Fire Chief Robert Isbell for a great event. ITEM NO. 12 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:05 p.m. APPROVED: c ( (a/ Mary Lib S lehAtaybr ATTEST: r. --�/ f /".#1‘s n rim, • MC, City Secretary