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HomeMy WebLinkAbout2005-03-08 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL MARCH 8, 2005 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, March 8, 2005, 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, Leon Hogg, Linda Martin, Charlie Miller, and Veva Lou Massey. The precouncil meeting included a presentation by Ray Utley, Vice President of Henry S. Miller, regarding a proposed development and contract for sale of the Harrington property, and a review of agenda items. The city council convened into closed session at 6:20 p.m. to discuss pending litigation regarding the Harrington property and a personnel issue as authorized by Section 551.071 of the Texas Government Code. The city council reconvened into open session at 6:50 p.m. 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 City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Paul Wieneskie, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Public Works Ron Young, Director of Economic Development Bill Ridgway, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Police Chief Leonard Carmack, Assistant Police Chief Bob Freeman, Assistant Police Chief Harland Westmoreland, Assistant Fire Chief Robert Isbell, City Engineer Robert Barker, Finance Administrator Vicki Rodriquez, Fleet and Facility Administrator Kyle McAdams, Human Resources Manager J. T. Ackerman, Library Administrator JoAnn Rogers, Senior Police Officer Bill Richardson, Information Services Manager Dan McLain, Computer Services Specialist Brett Bennett, Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. VISITORS Brenda Richardson, Regena, John, and Taylor English, Amy and Jay Hill, Boyce Byers, Troy Fuller, Boyd London, Steve Symonds, Barney Snitz, John Sanders, Kyle Eggers, �.. Greg Black, Carroll Scott, George Moore, Billy Owens, Alex Horton, Mike Utzman, and other visitors as noted in the visitor register. City Council Minutes Page 2 of 9 March 8, 2005 `.. INVOCATION Pastor Dan Hockemeyer, Grace Crossing Church, gave the invocation. PLEDGE OF ALLEGIANCE Girl Scout Troop No. 1551 led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PIN Police Chief Leonard Carmack and Assistant Police Chief Harland Westmoreland introduced Bill Richardson, Senior Police Officer, his wife, Brenda, daughter and son-in- law, Regina and John English, granddaughter, Taylor English, and daughter and son-in- law Amy and Jay Hill. Mayor Saleh presented him with a 25-year service pin. CONSENT AGENDA Council Member Martin motioned to approve Consent Agenda Items numbered 2 through 4. Council Member Hogg seconded the motion. `, Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 2 AWARD OF BID NO. 009-05 Awarded Bid No. 009-05 to GC Carter Construction Company, LLC, 9720 Camp Bowie West, Fort Worth, Texas, 76116, for the construction of The Preserve at McCormick Park in the amount of $568,295.39 and authorized the city manager to execute the contract. ITEM NO. 3 AWARD OF BID NO. 011-05 Awarded Bid No. 011-05 to McClendon Construction Company, P. O. Box 999, Burleson, Texas, 76097, for Ross Avenue paving improvements and emergency traffic signal improvements for Euless South Main Street at the intersection of Ross Avenue and continuing approximately 400 ft. west of the intersection adjacent to the north side of the fire station under construction, in the amount of$132,286. ITEM NO. 4 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of February 22, 2005. City Council Minutes Page 3 of 9 March 8, 2005 �•• REGULAR AGENDA ITEM NO. 5 RATIFIED EULESS DEVELOPMENT CORPORATION ACTION TAKEN ON MARCH 1, 2005 Council Member Miller motioned to ratify the action taken by the Euless Development Corporation on March 1, 2005, to extend the sales incentive with Beall Concrete for the balance of the lease, 15 years. Mayor Pro Tern Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. Council Member Miller stated that Beall Concrete took over an old Euless fire station and did a lot of renovation. Beall has several locations over the United States and Euless receives the sales tax on all sales made from the Euless office. It has been a good relationship between the City of Euless and Beall Concrete. ITEM NO. 6 APPROVAL OF ORDINANCE NO. 1677 Assistant City Manager Loretta Getchell introduced Boyd London with Southwest Securities and stated that the refunding will save approximately $70,000 per year in interest over the life of the bonds. Mr. London stated they refunded and issued $13.9 million in refunding bonds and saved $1.137 million, or on a present value basis, $830,000. He stated Standard and Poors has an AA- rating on the city and Moodys has an Al rating on the city. One thing that has set Euless apart is its conservative operations, which is reflected in its ratings. This council, as well as staff, should be pleased and proud. Council Member Hogg motioned to approve Ordinance No. 1677 authorizing the issuance and sale of "City of Euless, Texas, General Obligation Refunding Bonds, Series 2005" dated February 15, 2004, in the aggregate principal amount of $13,900,000 providing for the redemption of the obligations being refunded and approving and authorizing the execution of a Paying Agent Registrar Agreement, a Special Escrow Agreement, and a Bond Purchase Agreement with Southwest Securities, Inc. in relation to such bonds and the approval and distribution of an Official Statement. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey City Council Minutes Page 4 of 9 March 8, 2005 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 05-01- SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1678 Mayor Saleh opened the public hearing at 7:25 p.m. for Specific Use Permit No. 05-01- SUP on Lots 27ER and 27A, Block C, Somerset Place Addition, for an indoor soccer arena in PD 1029 (Planned Development 1029) based on C-2 zoning at 100 East Midway Drive. Director of Planning a Development Mike Collins stated that Jim Mertz, owner of Arena Athletics, is requesting to amend the conditions of the specific use permit approved in October, 2003. He is requesting a time extension for completion of landscaping associated with the parking lot addition and to eliminate the time restrictions associated with the sale of alcohol in the full-service restaurant. Jim Mertz, owner of Arena Athletics, stated that the restaurant is open and he will be adding lunch hours in a couple of weeks. He stated that he has hired Todd Lewis, who was previously general manager of the Reata restaurant, to manage the restaurant. He stated he is having a lot of requests for alcohol before 8:00 p.m. and is beginning to lose customers to area restaurants that serve alcohol during the earlier hours. He also stated he needed extra time to complete some of the landscaping requirements. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Member Miller motioned to approve first and final reading of Ordinance No. 1678 for Specific Use Permit No. 05-01-SUP on Lots 27ER and 27A, Block C, Somerset Place Addition, for an indoor soccer arena in PD 1029 (Planned Development 1029) based on C-2 zoning at 100 East Midway Drive subject to the following conditions: (1) Tied to Jim Mertz as current owner; (2) A landscaping plan, consistent with Main Street landscape/streetscape project recently completed, be approved by the city and completed on or before September 1, 2005, or the Certificate of Occupancy for the restaurant will be revoked; (3) No time restrictions be placed on alcohol sales; and (4) Valid for one year. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 5 of 9 March 8, 2005 ITEM NO. 8 HELD PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 05- �•• 01-PD AND APPROVED FIRST READING OF ORDINANCE NO. 1681 Mayor Saleh opened the public hearing at 7:41 p.m. for Planned Development No. 05- 01-PD to change the zoning on a portion of Tract 3E, James P. Halford Survey, A-711, from PD 1434 (Planned Development 1434) to PD 1681 (Planned Development 1681) based on R-1. Director of Planning and Development Mike Collins stated that Steve Symonds is requesting a zoning change on 15,177 sq. ft. portion of a 1.68 tract north of Euless Junior High School for an exception to the minimum dwelling unit size requirement that would allow him to develop a 1,500 sq. ft. residential living area with 90% masonry and a two-car garage. Mr. Symonds intends to relocate his existing non-masonry 1,200 sq. ft. home on Glade Road to the proposed location and add 300 sq. ft of living area and 90% masonry. The property is an infill tract located near older homes below the current single family development standard of 1,700 sq. ft. living area. The remainder of the tract would remain a PD based on C-1 (Neighborhood Business District) for specific acceptable business types and considerations. Any development would require a site plan to ensure that all applicable zoning and district development standards currently in place are followed. Mr. Steve Symonds, 705 W. Glade Road, Euless, Texas, stated he was there to answer any questions. Troy Fuller, 6800 Laguna, Edgecliff Village, Texas, stated he is representing the owner and that there will not be any traffic problems or anything done to degrade the value of surrounding homes. He noted that 1,500 sq. ft. is considerably larger than the other homes in the area. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:46 p.m. Council Member Miller asked Mr. Symonds if he was purchasing the entire tract and what was planned for the remainder of the property. Mr. Symonds stated yes, and that his long term plan is to construct a building to assemble flags for his flag business on the remainder of the property. He stated it is a very low key operation. Council Member Miller asked the type of construction and size of building planned. Mr. Symonds stated that he does not have any set plans since that would be several years away. Council Member Miller asked Mike Collins about the types of businesses allowed under the current zoning. City Council Minutes Page 6 of 9 March 8, 2005 Mr. Collins stated that the underlying zoning was based on C-1 and its permitted uses v which are usually associated with no outside storage. Staff's opinion is the proposed use is similar to a tailor shop and believes it would be consistent with the current PD. After additional discussion, Council Members Miller and Tyson both indicated they wanted the entire piece of property included in the proposed planned development request. Mr. Symonds again stated that he does not have any set plans for the commercial building. Council Member Miller asked Mr. Symonds if he could increase the house size to 1,700 sq. ft. Mr. Symonds stated that he could not due to the size and shape of the property being considered in this PD, because the house could only be expanded east and west which would make it extremely long. Council Member Martin motioned to approve first reading of Ordinance No. 1681 for Planned Development No. 05-01-PD to change the zoning on a portion of Tract 3E, James P. Halford Survey, A-711, from PD 1434 (Planned Development 1434) to PD 1681 (Planned Development 1681) based on R-1. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Council Members Hogg, Martin, and Massey Nays: Mayor Pro Tern Porterfield, and Council Members Tyson and Miller Mayor Saleh declared the motion carried and noted that the ordinance will require a second reading due to the lack of five affirmative votes. ITEM NO. 9 APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1679 Director of Planning and Development Mike Collins stated the city council tabled this item on February 22, to allow additional time to review two provisions regarding the city's acceptance of claims-made basis insurance coverage instead of occurrence-basis and the conditions under which acceptance and indemnity agreements could be substituted. Staff has eliminated the claims-made basis policy as an option. Changes in wording were made to C. Insurance 1.b. General Requirements, 3. Excess or Umbrella Liability, and 4.c. Environmental Pollution Liability Coverage. Also the option in Section F. Acceptance and Indemnity Agreement to substitute an Acceptance and Indemnity Agreement on an operator who has a net worth of $25 million in lieu of the bond or irrevocable letter of credit and insurance requirements was eliminated. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1679 creating a new Chapter 40, "Gas Drilling & Production," of the Code of Ordinances with the amendments to the insurance requirements. City Council Minutes Page 7 of 9 March 8, 2005 Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 AWARD OF BID NO. 007-05 Council Member Hogg motioned to award a construction contract to Hall-Albert Construction Company for the replacement of approximately 10,000 linear feet of sanitary sewer mains at seven locations within the city, using pipe bursting, boring and cured-in-place pipe liner, in the amount of $977,857.50. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 AUTHORIZED CITY MANAGER TO EXECUTE AN AMENDMENT TO AN ENGINEERING DESIGN CONTRACT WITH TEAGUE NALL AND PERKINS, INC. Council Member Martin motioned to authorize the City Manager to execute an amendment to the engineering design contract with Teague Nall and Perkins, Inc., for the design of West Pipeline Road from Raider Drive to State Highway 10, in the estimated expenditure of$89,875. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVAL OF BOARD AND COMMISSION APPOINTMENTS r... Council Member Hogg motioned to appoint Betty Fuller chairperson of the Historical Preservation Committee; Randy Jones to Place 3 (from Alternate No. 1) on the Parks and Leisure Services Board for a term to expire December 31, 2005; and John Raab as City Council Minutes Page 8 of 9 March 8, 2005 Alternate No. 1 (from Alternate No. 2) on the Parks and Leisure Services Board for a term to expire December 31, 2006. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, and Massey Nays: Council Member Miller Mayor Saleh declared the motion carried. Council Member Miller stated he voted against the appointments because he cannot accept Bill and Boyce Byers' resignations. ITEM NO. 13 PUBLIC COMMENTS There were no public comments. ITEM NO. 14 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig noted that Purchasing and Risk Manager Gary Gerland has served 20 years in Euless and is retiring at the end of the month, and that J. T. Ackerman will be assuming the risk management responsibilities. He stated that Director of Parks and Leisure Services Ray McDonald will be going to Corpus Christi to the Texas Recreation and Parks Society meeting where Debbie and Andy Chesney, as owners of B & B Wrecker, will be awarded the Commercial Volunteer of the Year Award for outstanding contribution to recreation and parks in the City of Euless. CITY ATTORNEY City Attorney Paul Wieneskie had nothing to report. CITY COUNCIL Council Member Hogg thanked the employees for their work as always. Council Member Tyson congratulated Senior Police Officer Bill Richardson for 25 years of service. He also congratulated Council Members Hogg and Miller for not having opponents in the upcoming election. He noted that Mayor Saleh has a couple of opponents, but the council supports her. City Council Minutes Page 9 of 9 March 8, 2005 Council Member Massey congratulated Bill Richardson and welcomed the Lone Star `ow. Collegiate Team. She noted that Finance Administrator Vicki Rodriquez received certification as a Certified Government Finance Officer. She stated she admires employees receiving certifications. Mayor Pro Tern Porterfield agreed with the positive comments made about the employees. Council Member Miller stated that Economic Development Advisory Board Member Greg Black's mom and aunt passed away this past week and that his thoughts are with him. He stated the Arbor Daze Auction was nice. He congratulated Bill Richardson and noted that Bill's daughter and his daughter graduated together. Council Member Martin stated that Euless is a great city because of great citizens and staff and expressed thanks. Mayor Saleh noted that Ross Mitchell and Joe Don Brandon are candidates for mayor. She congratulated Council Members Hogg and Miller for not having opponents. She stated the Arbor Daze Auction was a terrific party. She stated she would keep Greg Black in her prayers. ITEM NO. 15 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:32 p.m. APPROVED: / A £ . h 4 -1411 Mary Lib '5:leh, Mayor ATTEST: 4usan Cri , CMC, City Secretary