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HomeMy WebLinkAbout2005-08-16 .... MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL AUGUST 16, 2005 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, August 16, 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 discussion by Director of Public Works Ron Young and Warren Brewer with Trinity River Authority regarding the TRA Bond Sale; discussion regarding the fee ordinance update involving library, parks and recreation, and fire fees; discussion by Director of Planning and Development Mike Collins regarding temporary residential storage; and Board and Commission appointments for HEB Teen Court Advisory Board and Crime Control and Prevention District. Agenda items were then reviewed. Closed session was held to discuss contemplated litigation involving contractor liability issues as authorized by Section 551.071 of the Texas Government Code. ,,�, 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, Assistant City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Economic Development Bill Ridgway, Director of Parks and Community Services Ray McDonald, Director of Planning and Development Mike Collins, Fire Chief Lee Koontz, Director of Public Works Ron Young, Assistant Fire Chief Robert Isbell, Assistant Police Chief Harland Westmoreland, Assistant Police Chief Bob Freeman, Fire Marshal Paul Smith, Police Lt. Steve Kockos, City Engineer Robert Barker, Planning and Development Manager Eric Wilhite, Fleet and Facilities Administrator Kyle McAdams, Texas Star General Manager Glenda Hartsell-Shelton, Public Works Manager Chris Barker, Human Resources Administrator J. T. Ackerman, Purchasing Manager Mike Lowry, Library Administrator JoAnn Rogers, Municipal Court Manager Teresa Alexander, Recreation Manager Suzanne Hendrickson, Senior Inspector Jim Moy, Court Clerk Roslyn Moore, Court Clerk Emily Murphy, Fire Inspector Charles Anderson, Fire Secretary Melissa Thomas, Battalion Chief Darrell Rutledge, Driver Engineer/Paramedics Kelly Varwig, Bill Versteeg, and Michael Parks, Firefighter/EMT Cody Delmere, Firefighter/Paramedics Cole Brown, Kyle McGonigal, Brad Smith, Dustin Benton, Jacob Smith, Clint Carpenter, Michael Hanks, Jerad Gomez, and Jarrod Goodman, Public Works Field Tech Randy Bardin, Information Services Administrator City Council Minutes Page 2 of 11 August 16, 2005 Dan McLain, Computer Services Specialist Brett Bennett, Communications/Marketing N.. Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. VISITORS Brenda Brown, Alex and Tyler Thomas, Donna Hooker, Ruby Barton, Sylvia Bardin, Robert and Sonia McMillon, Ellena Morrison, John Sanders, Jack Hill, Della Ferris, Alex Horton, Charles Cinquemani, Keith Eggers, Carroll Scott, Jack and Caron Griffith, Billy Owens, Barney Snitz, Mike Utzman, and other visitors as noted in the visitor register. INVOCATION Pastor Terry Young, North Euless Baptist Church, gave the invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop No. 253 led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR AUGUST Fire Chief Lee Koontz and Fire Marshal Paul Smith introduced Fire Secretary Melissa Thomas, her mom, Donna Hooker, grandmother, Ruby Barton, and sons, Alex and Tyler Thomas. Mayor Saleh presented her with a plaque for being selected employee of the month for August. ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS FOR AUGUST Director of Public Works Ron Young introduced Public Works Field Tech Randy Bardin and his wife, Sylvia. Assistant City Manager Loretta Getchell and Court Manager Teresa Alexander introduced Municipal Court Clerk Roslyn Moore. Fire Chief Lee Koontz introduced Firefighter II/Paramedic Cole Brown and his wife, Brenda. Randy Bardin was presented with a 5-year service pin, Roslyn Moore with a 15-year service pin, and Cole Brown with a 25-year service pin. PUBLIC ANNOUNCEMENT Mayor Saleh read the following announcement to the audience: Seventeen years ago the City of Euless began what is today the largest Arbor Daze festival in America. The roots of Arbor Daze run deep. It began in 1988 as the How to Grow Garden Show, featuring the Spice of Life Band, and has since branched out into the Arbor Daze festival that we know today. With over 250,000 people attending from throughout the region, it has become a nearly $1 million production. We have been delighted by the growth and popularity of Arbor Daze. The festival has been one of our proudest accomplishments. However, this has increased the risk to the City and its residents. This became abundantly City Council Minutes Page 3 of 11 August 16, 2005 clear with the rainout of 2004. Because it is impossible to mitigate the ■•iw weather risk, potential issues could cause anywhere from $300,000- $500,000 of liability for the City that cannot be reduced through insurance. Even in the best years, the large costs associated with the festival have continued to increase and break even has become increasingly difficult to attain. The City has been committed to keeping this a community event by maintaining that an admission fee should not be charged and alcohol would not be sold. In turn, this has not allowed revenue growth needed and has further added to the liability of the City should we experience weather issues on that specific weekend. The City of Euless has proudly been a Tree City USA for the past eighteen years and is firmly committed to the importance of trees and the beautification and improvement that they provide to the environment. Although the traditional Arbor Daze festival will not be held in the spring, the tree giveaway has been the highlight of the event and that will continue to take place in order to celebrate the importance of trees. However, it will not be the size and scale of the previous festivals and will continue to be an event our citizens can be proud of. We want to thank all those who have participated in Arbor Daze during our �.. seventeen year history including past sponsors, volunteers, vendors and most importantly, our employees. Your enthusiasm about Arbor Daze has been overwhelming and we appreciate your support. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Items numbered 3, and 5 through 8. 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. 3 APPROVAL OF RESOLUTION NO. 05-1205 Approved Resolution No. 05-1205 approving the Trinity River Authority Resolution authorizing the Issuance, Sale and Delivery of Trinity River Authority of Texas (Tarrant County Water Project) Improvement and Refunding Revenue Bonds, and authorized the `"` mayor to execute a TRA certificate for Resolution No. 05-1205. City Council Minutes Page 4 of 11 August 16, 2005 ITEM NO. 5 AWARD OF BID NO. 019-05 Awarded Bid No. 019-05 to Scobee Foods, Inc., for the annual jail food contract in the estimated expenditure of $45,000. ITEM NO. 6 AWARD OF BID NO. 021-05 Awarded Bid No. 021-05 to Whitmore & Sons, Inc., P. O. Box 210203, Bedford, Texas, 76095, for the irrigation project at McCormick Park in the amount of $37,329, and authorized the city manager to execute the contract. ITEM NO. 7 AWARD OF BID NO. 04-040 Awarded renewal of Bid No. 04-040 to Martin-Eagle Oil Company, Denton, Texas, for the purchase of bulk gasoline and diesel fuels through a joint purchase agreement with the City of Hurst in the estimated expenditure of $156,000 for unleaded fuel and $58,000 for diesel fuel for a total of$214,000. ITEM NO. 8 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of June 28, 2005. REGULAR AGENDA ITEM NO. 4 APPROVAL OF RESOLUTION NO. 05-1206 Council Member Miller motioned to approve Resolution No. 05-1206 supporting the following proposed Euless transportation projects to be included in the Tarrant County Transportation Bond Program in an estimated cost of $6,040,000 with the city's share being $3,020,000: Baze Road - Priest Lane to Glade Road; Gateway Boulevard - Centurion Boulevard to Glade Road; Ash Lane - Aransas Drive to Main Street; Fuller- Wiser Connector at S.H. 360; S. H. 10 Signal Timing Project — Loop 820 to S. H. 183, Hurst to Euless; Traffic Signal Upgrades; and South Pipeline Road Bridge over Post Oak Channel and associated overlay. Council Member Tyson 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. 9 SET PUBLIC HEARING FOR AUGUST 30, 2005 FOR PROPOSED GENERAL OPERATING BUDGET FOR FY 2005-2006 Council Member Miller motioned to set a public hearing for August 30, 2005, to allow citizens the opportunity to express their opinions concerning items of expenditure in the City Council Minutes Page 5 of 11 August 16, 2005 General Operating Budget for FY 2005-2006, giving their reasons for wishing to New increase or decrease any items of expense. Council Member Martin 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. PUBLIC HEARING AND APPROVAL OF THE CRIME CONTROL PREVENTION DISTRICT (CCPD) BUDGET Mayor Saleh opened the public hearing at 7:41 p.m. regarding the Euless Crime Control and Prevention District Budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006. Assistant City Manager Loretta Getchell and Assistant Police Chief Harland Westmoreland noted the baseline budget includes total revenue of $1,180,125 which is derived from interest earnings and the 1/4¢ sales tax that was approved by the citizens of Euless to assist in crime prevention. Baseline expenditures total $1,180,045 and consist primarily of salaries and benefits for 14 officers and an assistant police chief. Additionally, the budget includes $66,552 for various crime prevention supplies, training, and apparatus as well as $70,066 for the radio system. Capital items recommended for FY2005-2006 include a carryover of $10,000 for the previous funded Prisim Shoot/Don't Shoot Simulator and $161,463 of new capital requests. These items are as follows: Part Time PSO's $50,000 Patrol Rifles $20,110 Tasers $29,938 Video Enhancement System $19,955 Polygraph Equipment $ 7,935 Krimesite Imager $14,950 Tactical Rifles $ 5,120 Mobile Threat Net Weather Satellite $ 2,200 Directional Sensing Speed Radars $ 3,805 EOC Upgrade $ 3,450 EOC Intern $ 4,000 The Crime Control Prevention District Board recommended approval of all of these items and additionally recommended a minimum reserve level equal to 60 days operating expenditures be established. The proposed budget meets these City Council Minutes Page 6 of 11 August 16, 2005 requirements with an estimated ending fund balance of $221,627, which exceeds the Nos, required amount by $27,647. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:46 p.m. Council Member Martin motioned to approve the Euless Crime Control and Prevention District Budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006. 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. 11 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 05-03-PD AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1695 �... Mayor Saleh opened the public hearing at 7:48 p.m. regarding Planned Development No. 05-03-PD changing the zoning on Tracts 4E01 & 4F, R. Crowley Survey, A-312, at the northwest corner of E. Ash Lane and SH 360, from R-5 (Multi-Family High Density Dwelling District 24 Units/AC) to PD (Planned Development) based on R-5. Director of Planning and Development Mike Collins stated that MDC Brookside, L.P., proposes to develop a 12.7 acre parcel for a 14-building, 158 unit apartment complex. The planned development will allow variances to the building setback requirements. A creek traverses the property from south to north, and the floodplain reduces the net developable acres. The average unit size for one bedroom is 712 sq. ft. and two bedroom is 1,041 sq. ft. Variances to the development standards include: Setbacks for buildings 1, 2, and 3, adjacent to Bear Creek Pkwy., have been reduced from 100 ft. to between 50 ft. and 60 ft.; setbacks for buildings 7, 8, and 15, adjacent to Ash Lane, have been reduced from 100 ft. to between 43 ft. and 80 ft. respectively; and buildings 7, 8, and 15 will be constructed as two-story buildings as a tradeoff; rear setbacks for buildings 3, 4, and 12, which abut the City of Euless Bear Creek Park, have been reduced from 75 ft. to 31 ft. 8 in., 42 ft. 10 in., and 64 ft. 6 in., respectively. Fifty percent of the units must be provided with attached enclosed garages. While providing 75 attached garage spaces, the applicant proposes to provide building 15 (adjacent to Ash Lane) with 8 spaces in detached enclosed garages. A pedestrian crossing will also be constructed on the north end of the creek. Mayor Saleh asked for any proponents. City Council Minutes Page 7 of 11 August 16, 2005 Edward Stevanic, WSR Architects, 6330 LBJ Freeway, Dallas, Texas, and Jeff Winkler, 9.. Jones & Boyd Engineers, 17090 Dallas Parkway, Dallas, Texas, spoke as representatives of the developer and noted that the project averages 12 to 13 units per acre. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:53 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1695 for Planned Development No. 05-03-PD changing the zoning on Tracts 4E01 & 4F, R. Crowley Survey, A-312, at the northwest corner of E. Ash Lane and SH 360, from R-5 (Multi-Family High Density Dwelling District 24 u/a) to PD (Planned Development) based on R-5. Council Member Miller 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. ,`, ITEM NO. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 05-06-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1696 Mayor Saleh opened the public hearing at 7:56 p.m. for Specific Use Permit No. 05-06- SUP on Tracts 3E1 & 3N, Allen M. Downen Survey, A-415, for the Gurdwara Sikh Sagat Temple in TX-10 (Texas Highway 10 Multi-use District) zoning at 1400 W. Euless Boulevard. Director of Planning and Development Mike Collins stated that this request is a renewal of the specific use permit allowing the Gurdwara Sikh Sangat Temple at this location. He noted that the Planning and Zoning Commission recommended approval without a time limit. Mayor Saleh asked for any proponents. P. S. Aurora, 336 Park Blvd., Coppell, Texas, representing Gurdwara Sikh Sangat stated that the congregation has spent over $50,000 upgrading the outside of the property and over $30,000 on the inside of the building. He requested that it be approved without a time limit. Harbans Lal, 6415 Amicable Drive, Arlington, Texas, 76016; Komal Kaur, 1400 W. Euless Blvd., Euless, Texas, 76040; Jagdeep Sandhu, 2050 Grayson Drive, #17102, •`" Grapevine, Texas, 76051; and Aman Dhaliwal, 1400 W. Euless Blvd., Euless, Texas, 76040, each spoke in favor of the request. City Council Minutes Page 8 of 11 August 16, 2005 There being no additional proponents or opponents, Mayor Saleh closed the public ,— hearing at 8:11 p.m. Council Member Martin motioned to approve the first and final reading of Ordinance No. 1696 for Specific Use Permit No. 05-06-SUP on Tracts 3E1 & 3N, Allen M. Downen Survey, A-415, for the Sikh Temple in TX-10 (Texas Highway 10 Multi-use District) zoning at 1400 W. Euless Boulevard, with the condition that it be tied to the congregation Gurdwara Sikh Sangat. Council Member Massey 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. ITEM NO. 13 TABLED ORDINANCE NO. 1694 Council Member Tyson motioned to table Ordinance No. 1694 to a future council meeting, amending Chapter 86, "Utilities," Section 86-83, "Drought Contingency Plan," subsection (b) "Drought Stages-Trigger Criteria, Actions, and Termination" of the Code of Ordinances to fulfill requirements relating to recently adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288-Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements. 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. 14 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1697 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1697 amending Chapter 34 "Fire Prevention and Protection," Section 34-104 "Districts" of the Code of Ordinances adjusting the areas of the city where certain flammable materials may be stored. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey City Council Minutes Page 9 of 11 August 16, 2005 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1698 Council Member Massey motioned to approve the first and final reading of Ordinance No. 1698 amending Chapter 2 "Administration" of the Code of Ordinances, authorizing certain audits to be undertaken at the direction of the city manager or the city manager's designee. Mayor Pro Tern Porterfield 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. 16 APPOINT BOARD AND COMMISSION MEMBERS fir.• Council Member Martin motioned to approve moving Charles Cinquemani from Alternate #1 to Place 2 and to appoint Michelle Smith to Alternate #1 on the HEB Teen Court Advisory Board, both with terms expiring December 31, 2006. Reappointed Don Martin, Barney Snitz, Mayor Mary Lib Saleh, and Council Member Charlie Miller to the Crime Control and Prevention District Board with terms expiring September 1, 2007. 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. 17 REQUEST BY MIKE UTZMAN TO ADDRESS CITY COUNCIL Mike Utzman, 811 Rock Creek Drive, Euless, Texas, addressed the council regarding DFW Airport and the Wright Amendment. ITEM NO. 18 REQUEST BY JACK GRIFFITH TO ADDRESS CITY COUNCIL `` Jack Griffith, 600 E. Alexander Lane, Euless, Texas, addressed the council regarding the meaning of the American flag and its proper disposal and eminent domain as it relates to the Dickey Apartments. City Council Minutes Page 10 of 11 August 16, 2005 ITEM NO. 19 PUBLIC COMMENTS Jack Hill, 616 Bent Tree Drive, Euless, Texas, addressed the council regarding code violations in respect to cars being parked in their front yards and motor homes being parked in the street. ITEM NO. 20 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig stated the decision to discontinue Arbor Daze was a difficult one. He noted that the issues involved were the financial risk to the citizens and not being able to insure for rain. He applauded the city council for making such a difficult decision. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. `•- CITY COUNCIL Council Member Tyson congratulated Melissa Thomas for being selected employee of the month, and Cole Brown, Roslyn Moore, and Randy Bardin for receiving their service pins. He noted that Arbor Daze was putting a great strain on employees. He stated that they hope to rest a year and reevaluate the situation and go with a smaller venue. Council Member Hogg thanked the employees recognized tonight for all the years they have given to the city. He stated that Melissa Thomas, Cole Brown, Roslyn Moore, and Randy Bardin are a joy to be around. He stated that he has been involved with Arbor Daze since its beginning and hopes to bring it back. Council Member Martin thanked the citizens for being in attendance at the council meeting and letting the council know what they think. She thanked Loretta Getchell and the finance staff for their work on the budget. She stated it is amazing to be able to decrease the tax rate and still provide quality services. She congratulated Melissa Thomas, Cole Brown, Roslyn Moore, and Randy Bardin on their recognition. Council Member Miller thanked the citizens in attendance and stated he appreciated their comments. He stated that he doesn't think Arbor Daze will go away, but it needs to be re-thought. He stated he is pleased with the budget. He congratulated the employees recognized and welcomed the new board members appointed tonight. Mayor Pro Tem Porterfield stated that the city is fortunate to have such dedicated employees. He stated he is amazed that employees will stay with one city for so long. City Council Minutes Page 11 of 11 August 16, 2005 He stated that Joe Hennig and his staff have worked tirelessly to put together a fiscally ti.., conservative budget, while still being able to provide all the services. He noted that the Euless Library Foundation worked for three years to raise money to purchase the Blooms of Enlightenment, which is a unique piece of blown glass art by Professor David Keens and his students at UTA. He noted the art work was dedicated on Friday, and urged the citizens to go to the library and view the Blooms. Council Member Massey stated it is heartwarming to see the response from fellow employees for Melissa Thomas, Cole Brown, Roslyn Moore, and Randy Bardin. She stated that the citizens have been well served by the proposed budget. Mayor Saleh stated her appreciation for the citizens coming to talk to the council, and noted the council depends on the citizens to let staff know if there are code violations. She congratulated the employees who were recognized, and stated she appreciated all the work done for Arbor Daze over the years. She stated she hoped everyone enjoys the rest of summer. ITEM NO. 15 ADJOURNMENT Mayor Saleh adjourned the meeting at 9:00 p.m. APPROVED: - A Mary Lib Saleh, Mayor ATTEST: Sus.n Crim, ' wC, City Secretary