HomeMy WebLinkAbout2007-05-08 �•- MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
MAY 8, 2007
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, May 8, 2007, in the Precouncil Conference Room of
City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor
Pro Tem Linda Martin, and Council Members Carl Tyson, Leon Hogg, Charlie Miller,
and Glenn Porterfield.
The precouncil meeting included a presentation by Jason Smith, Red Cross CEO of
Chisholm Trail Chapter, regarding the function and activities of the Red Cross; a
presentation by Allied Waste General Manager Tim Powell regarding solid waste pickup
service with introductions of the new Municipal Marketing Manager Beth Ann Gregory
and Operations Manager Michael Cervantes; a code services update by Planning and
Development Director Mike Collins; an update of the activities planned for the Texas
Star Tenth Anniversary by Texas Star General Manager Glenda Hartsell-Shelton; a
report of recent storm damage in the city by Deputy City Manager Gary McKamie; a
review of Arbor Daze by Director of Parks and Community Services Ray McDonald; an
announcement by Library Administrator Kate Lyon regarding the Project of the Year
Award given through the North Texas Regional Library System won for the "Read"
poster featuring the Trinity High School coach and two football players; and review of
the agenda items.
The city council convened into closed session at 6:30 p.m. for deliberation of
contemplated and pending litigation regarding Three New Millennium vs. City of Euless
and Champion Sweeping vs. City of Euless as authorized by Section 551.071 of the
Texas Government Code, and deliberation of real property for the Public Works facility
as authorized by Section 551.072 of the Texas Government Code. They reconvened
into open session at 7:00 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
Deputy City Manager Gary McKamie, City Attorney Paul Wieneskie, 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 Public
Works Ron Young, Police Chief Mike Brown, Fire Chief Lee Koontz, Director of
Planning and Development Mike Collins, Assistant Police Chief Bob Freeman, Assistant
Police Chief Harland Westmoreland, City Engineer Robert Barker, Planning and
Development Manager Chris Barker, Texas Star General Manager Glenda Hartsell
City Council Minutes Page 2 of 9 May 8, 2007
Shelton, Fleet and Facility Administrator Kyle McAdams, Human Resources Manager
r.. Carolyn Marshall, Public Works Manager J. T. Ackerman, Library Administrator Kate
Lyon, Police Sgt. David Chaney, Parks Superintendent Terry Boaz, Parks Field Tech
Steve Wiltshire, Head Golf Professional Adena Wallace, Texas Star Conference
Hostess Arlyss Hagedorn; Facility Tech Jerald Lively, Victims Assistance Coordinator
Kathy Haecker, Information Services Administrator Dan McLain, Computer Services
Specialist Brett Bennett, Communications/Marketing Manager Betsy Boyett, and
Reserve Police Officer Clyde Cullum.
VISITORS
Willie, Lauren, and Kristen Wallace, Greg Roemer, Robert Medigovich, James
Knighton, Tim and Faye Stinneford, Boyce Byers, Warren Wilson, Gaynel Tyson, Neal
and Sonja Adams, Bill and Tamita Pasteur, David and Veva Lou Massey, Jake
Thomasson, Lori De La Cruz, Scott Fisher, Bob Neely, Carolyn and John Park, Pete
and Pat Krause, Billy Owens, Kelly Hart, Tommy Daves, and others as noted in the
visitor register.
INVOCATION
Bob Neely, First Baptist Church in Euless, gave the invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Troop No. 161 led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PIN
Texas Star General Manager Glenda Hartsell-Shelton introduced Head Golf
Professional Adena Wallace, her husband, Willie, daughters, Lauren and Kristen, and
her mother, Arlyss Hagedorn. Director of Parks and Community Services Ray
McDonald introduced Parks Field Tech Steve Wiltshire. Mayor Saleh presented Adena
with a 10-year service pin and Steve with a 25-year service pin.
ITEM NO. 2 PRESENTATION OF PROCLAMATION
Mayor Saleh presented a proclamation to Police Chief Mike Brown proclaiming May 13
through 19, 2007, as National Police Week.
ITEM NO. 3 PRESENTATION OF PROCLAMATION
Mayor Pro Tem Martin presented a proclamation to Director of Public Works Ron Young
proclaiming May 20 through 26, 2007, as National Public Works Week.
Director of Public Works Ron Young expressed appreciation for the dedication of the
employees of the Public Works Department, and Public Works Manager J. T. Ackerman
read the following names of those employees who came out after the thunderstorms on
May 2, to help with cleanup: Clyde Cullum, Jeff Murphy, Hal Sinclair, Robert Serrato,
Weldon Mosier, Glen Boyett, Brett Byers, and Randy Bardin.
City Council Minutes Page 3 of 9 May 8, 2007
`,` Director of Public Works Ron Young thanked the city council for the new Public Works
Facility and stated they are ready to move in.
ITEM NO. 4 ANNUAL RECYCLING REPORT
Mayor Saleh stated that the Annual Recycling Report will be given after the action items
have been heard.
CONSENT AGENDA
Council Member Miller motioned to approve Consent Agenda Items numbered 5
through 7.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, and
Porterfield
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 5 APPROVAL OF RESOLUTION NO. 07-1244
Approving Resolution No. 07-1244 rescheduling the Regular City Council Meeting from
Tuesday, May 22, 2007, to Tuesday, May 29, 2007.
ITEM NO. 6 APPROVAL OF RESOLUTION NO. 07-1245 SUPPORTING FIRST-
TIME HOMEBUYERS PROGRAM
Approve Resolution No. 07-1245 granting approval to the Tarrant County Housing
Finance Corporation for the use of the proceeds of its Series 2007 Single Family
Mortgage Revenue Bonds to finance home mortgages for single family homes located
within the city.
ITEM NO. 7 APPROVAL OF CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of April 24, 2007.
REGULAR AGENDA
ITEM NO. 8 DENIAL OF RESOLUTION NO. 07-1246 SUPPORTING A
RESOLUTION INTRODUCED IN THE TEXAS LEGISLATURE
REGARDING PARENTAL NOTIFICATION
Mayor Saleh stated that although this item is not a public hearing, she would allow both
sides to speak.
City Council Minutes Page 4 of 9 May 8, 2007
Neal Adams, Adams, Lynch and Loftin, 1903 Central Drive, Bedford, stated he is legal
`.• counsel to the Northeast Tarrant County Right to Life Educational Association. He
spoke in support of parents and legal guardians having the right to be informed if their
child goes to seek reproductive counseling.
Bill Pasteur, distributed a letter from Harold Samuels to the council in support of the
resolution. He also distributed Euless Resolution No. 89-710 opposing abortion by
choice, and a copy of the Euless Charter, Article 1, Section 3, "General Powers of the
City."
Neal Adams thanked Council Members Tyson, Miller, and Porterfield for allowing them
to speak before the council.
Carolyn Park, 1500 Shady Creek Drive, Euless; Bill Dunn, 4000 Falcon Ridge Drive,
Haltom City; and Pete Krause, 204 Oak Lane, Euless, spoke in favor of the resolution.
Mayor Saleh read the following names of those supporting the resolution, but who did
not want to speak: Gordon Bennett, 711 Jonathan Drive; Margaret Jones, 713
Jonathan Drive; Maria Graham, 700 Eastcliff Drive; Patricia Singletary, 506 Canyon
Ridge Drive; Valerie Hinde, 1806 Kynette Drive; Tamita Pasteur, 1900 Trailwood Drive;
Ed Groeschel, 1814 Kynette Drive; Patricia Krause, 204 Oak Lane; Rev. Scott Fisher,
601 E. Airport Freeway; Bob Neely, 2400 SH 121; Jerry and Sheila Eckart, 1390 N.
Main Street; Gaynel Tyson, 1816 Shenandoah; John Cox, 610 Martha Street; John R.
and Marynell Konderla, 303 Reaves Court; Wayne Smith, 607 Bocowood Circle; Leland
and Juanita Smith, 1710 Windlea Drive; Jack Terrell, 902 Elmwood Court; Gary W.
Phillips, 1000 W. Airport Freeway; Scott Sheppard, 303 Timberline Terrace; Sonja
Adams, 201 Trailwood Drive; Doyle Sheppard, 207 Shenandoah; Dave Palmer, 1212
Hanover Drive; Kathy Haecker, 403 John Vernon; Stacy M. Smith, 1902 Trailwood
Drive; Jake Thomasson, 1816 Tyler Avenue; David and Veva Lou Massey, 613 Bent
Tree Drive; J. White, 1200 Tanglewood; Ann Pierce, 425 Sunnybrook; Kathleen
Marshall, 3809 Oxford Court, Bedford; Charles Lynk, 1201 Circle Lane, Bedford; Kathy
Hadley, 204 N. Timberline, Colleyville; Ron Sumcizk, 2710 Thorn Lane, Grapevine;
Jerry H. Muler, 924 Mountain Terrace, Hurst; Rev. David Loeffler, 5665 Rockport,
Haltom City; Betty and Emmit Koelle, 334 Somerset Circle, Bedford; Linda W. Harper.
209 Arcadia Street, Hurst; Michael and Karen Carr, 4121 Heartstone Drive, Grapevine;
and Wanda Harper, 421 Billy Creek Circle, Hurst.
Mayor Saleh asked for those opposed who wanted to speak.
Kelly Hart, Planned Parenthood of North Texas, 7424 Greenville Avenue, Suite 206,
Dallas, 75231, and Lori De La Cruz, 412 Norman Drive, Euless, spoke in opposition to
the resolution.
Mayor Saleh read the following names of those opposed, but who did not wish to speak:
Samantha and Jessica Leinwand, 750 E. Mid-Cities Blvd., #1208; Christine M. Martin,
`.. 750 E. Mid-Cities Blvd., #1208; Annette Briggs, 2904 Roxboro Road; and Emily Snooks,
7424 Greenville Avenue, #206, Dallas, 75231.
City Council Minutes Page 5 of 9 May 8, 2007
Council Member Tyson asked Neal Adams if he had looked at the amended resolution
v.. that was submitted for consideration.
Mr. Adams stated he talked with City Attorney Bob McFarland who mentioned making a
few edits to the resolution that was proposed. The city attorney also stated that there
had been a council member asking for an alternate resolution. Mr. Adams stated he is
happy with either resolution, and that the only thing the amended resolution does is take
out the reference to Planned Parenthood. It still takes the position of supporting
Representative Todd Smith's resolution.
Council Member Tyson stated he talked with State Representative Todd Smith over the
weekend, and that this is more of a state's right issue than anything else. Title X
requires all the states to give sexual advice to children under 16 years of age, male or
female. Representative Smith's resolution to the Congress of the United States is to
make it a state by state issue.
Council Member Tyson motioned to approve the amended Resolution No. 07-1246
supporting resolution HCR 87 introduced in the Texas Legislature by State
Representative Todd Smith related to parental notification.
Council Member Porterfield seconded the motion.
Mayor Pro Tern Martin stated that she had met and discussed the issue with many
New-
people over the last few weeks. She stated she has had to step back from the issue
and look at it objectively without allowing her personal beliefs to color that objectivity.
She stated she has struggled with the issue, but believes voters elected her to oversee
the budget and the operation of the City of Euless, and to provide policy and direction;
but does not believe they have empowered her to make such personal decisions on
their behalf or on behalf of their families.
Council Member Miller stated that the money providing funding is from the federal
government and the citizens fund the federal government. He stated this is not a matter
of national security, so he questions why parents shouldn't have the right to know what
their minor children are doing. He stated that everyone faces morality on a daily basis.
No matter whether things start at a local level or national level, he believes that the
national level needs to know what the local level thinks. In Euless, wine sales was
controversial and some were morally against it, although, he supported it. The city
issued a resolution supporting it, and also established a teen curfew ordinance. If he
had an underage teenager that went to Planned Parenthood, he would want to know.
He stated he believes that parents have a right to know, and the council would be doing
citizens an injustice if they do not preserve that right.
Ayes: Council Members Tyson, Miller, and Porterfield
Nays: Mayor Saleh, Mayor Pro Tern Martin, and Council Member Hogg
�`" Mayor Saleh declared the motion failed.
City Council Minutes Page 6 of 9 May 8, 2007
Council Member Tyson inquired as to when this item could come back before the city
council once there are seven council members.
City Attorney Paul Wieneskie stated there is no time limit.
Council Member Tyson suggested to Neal Adams that they bring the resolution back
when the election is over and there are seven council members.
ITEM NO. 9 APPROVAL OF SITE PLAN NO. 07-03-SP FOR COMMERCIAL
DEVELOPMENT
Planning and Development Manager Chris Barker stated that the applicants, ABAUSA,
Inc., and Khurrum Trading Corporation, both represented by Alex Bhatti, are requesting
approval of a site plan for a commercial development on 1.50 acres consisting of two
commercially zoned lots. He stated the applicant has committed to a timeframe of three
years from today to have the project completed. The subject property is located on the
south side of Airport Freeway between Dock McGinnis Drive on the west and Dana Kay
Drive on the east between two developed lots. To the west is an existing restaurant pad
site, and to the east an existing commercial development. One lot is to be owned by
Khurrum Trading Corporation and the other owned by ABAUSA, Inc. One lot will
contain a 10,840 square foot, two-story retail/commercial structure with freeway
frontage backing up along the eastern lot line of the front lot. The second lot will contain
a 20,000 sq. ft., three-story office building on the rear lot in the second phase. A portion
of pavement extending to the rear lot will be constructed in the first phase to provide
emergency access through and around the first phase. Because the peak usage
periods occur at different times, a joint use parking agreement will be executed that will
enable parking areas to serve both structures.
Chris Barker stated that council had essentially approved the same plan under Site Plan
No. 05-03-SP on May 31, 2005; however, due to issues relating to financing and TxDOT
driveway permitting, the applicant was unable to begin development prior to the
expiration of the site plan. Completion of the overall development is proposed in two
phases.
Council Member Hogg motioned to approve Site Plan No. 07-03-SP for
retail/commercial space and office building on Tract 5F1, T. Jasper Survey, A-861,
located in the 2100 block of W. Airport Freeway.
Council Member Porterfield proposed an amendment to include a time limit of three
years from this date to have building permits approved and construction started on all
buildings proposed in the site plan.
Council Member Hogg agreed to the amendment.
Mayor Pro Tern Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, and
Porterfield
City Council Minutes Page 7 of 9 May 8, 2007
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 10 APPROVAL OF AMENDMENT TO DEVELOPMENT AGREEMENT
Council Member Miller motioned to approve an amendment to the development
agreement between the City of Euless and Burk Collins & Co., Ltd., originally effective
as of September 1, 2006, transferring the agreement to an affiliated entity, Vineyard
Village MSV, LLC, which is managed and controlled by Burk Collins.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, and
Porterfield
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 4 ANNUAL RECYCLING REPORT
Greg Roemer, President, Community Waste Disposal (CWD), gave the annual recycling
report and presented the city with an award made from recycled glass.
Council Member Miller stated he appreciates the fact that Greg Roemer comes before
the council each year to give a report.
ITEM NO. 11 PUBLIC COMMENTS
There were no public comments.
ITEM NO. 12 REPORTS
STAFF REPORT
There was no staff report.
CITY MANAGER
Deputy City Manager Gary McKamie stated that the proclamation proclaiming National
Police Week has significant importance in that it is done in conjunction with the National
Peace Officers Memorial Day. He reminded everyone that a close friend of his and
Police Chief Brown came to work as a Euless police officer one day, 25 years ago, and
didn't go home. He stated that Mike Williamson, brother of Police Sgt. Ron Williamson,
is the only Euless police officer to be killed in the line of duty. He left behind a wife and
six children. His son, who was about two or three years old at the time his dad was
killed, is now a Euless firefighter.
City Council Minutes Page 8 of 9 May 8, 2007
�.. Mr. McKamie thanked Director of Parks and Community Services Ray McDonald for a
near perfect Arbor Daze.
CITY ATTORNEY
City Attorney Paul Wieneskie stated he had nothing to report.
CITY COUNCIL
Council Member Miller congratulated Head Golf Professional Adena Wallace and Parks
Field Tech Steve Wiltshire on receiving their service pins. He stated Steve is a
dedicated employee who has put in numerous hours over the years at Arbor Daze. He
noted that Ryan McBean, a student graduating from Trinity High School, was recently
drafted by the Pittsburgh Steelers. He thanked Ray McDonald and stated his grand
daughter really enjoyed Arbor Daze.
Council Member Hogg expressed kudos to the employees, stating he can never say
enough about them. He stated that Arbor Daze was great, and a lot of citizens came
by the T-Shirt booth to say they were glad Arbor Daze was back at city hall. He stated
they also made a profit on the t-shirts.
Council Member Porterfield congratulated Adena Wallace and Steve Wiltshire. He noted
•■ that the council continually sees employees being honored for their length of service,
which says so much. He commended the police and public works departments on their
proclamation recognition. He stated he also appreciates Greg Roemer coming to the
council meetings, giving his reports.
Council Member Tyson congratulated Steve Wiltshire and Adena Wallace. He stated
Adena tried to work with him on golf, but she gave up trying to teach him how to play.
He stated, however, she does know her golf. He thanked everyone for their thoughts
and prayers during his health issues last week.
Mayor Pro Tern Martin congratulated Adena Wallace and Steve Wiltshire. She thanked
Ray McDonald for a fabulous Arbor Daze event and all the employees here tonight for
everything they do.
Mayor Saleh congratulated Ray McDonald and the entire city staff for their work on
Arbor Daze. She stated it takes everyone being there and supporting what the city
does, and that the council may have the ideas, but the employees make it work. She
reminded everyone of election day on Saturday, May 12, and announced the following
candidates for the upcoming city council elections:
Place 1 — Carl Tyson, Tim Stinneford, Steve Symonds
Place 3 - Linda Martin, George Moore
Place 6 - Perry Bynum, Warren Wilson, Veva Lou Massey
City Council Minutes Page 9 of 9 May 8, 2007
No. She noted that Steve Symonds submitted a letter withdrawing from the council election,
but it was submitted after the deadline to withdraw, and his name will still appear on the
ballot.
She stated it is a great night when citizens come to express their feelings to the council.
ITEM NO. 13 ADJOURNMENT
Mayor Saleh adjourned the meeting at 8:45 p.m.
APPROVED:
�-N
Mary Li Saleh, Mayor
ATTEST:
usan Crim, RMC, City Secretary