HomeMy WebLinkAbout2007-06-26 MINUTES OF A REGULAR MEETING
•- OF THE
EULESS CITY COUNCIL
JUNE 26, 2007
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 26, 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, Council Members Leon Hogg, Charlie Miller, and Glenn
Porterfield, and Council Members Elect Tim Stinneford and Perry Bynum. Council
Member Tyson was absent.
The precouncil meeting included reports from:
• Deputy City Manager Gary McKamie regarding three businesses in Fort Worth
near FM 157 and Calloway Cemetery Road that are seeking Municipal Setting
Designations. Mayor Saleh introduced former Fort Worth Mayor Ken Barr,
Steven George with Green Star Environmental, and Allison Exall of Akin, Gump,
Strauss, Hauer & Feld, L.L.P., representatives for Direct Fuels, BF Goodrich, and
Sun Coast Resources, Inc.
• Director of Parks and Community Services Ray McDonald regarding the Park,
Recreation, and Open Space Master Plan and swimming pool audit;
> Finance Administrator Vicki Rodriquez regarding the financial report for May,
2007;
• Director of Planning and Development Mike Collins regarding an update of
development and code issues, including the process of responding to high grass
and weed issues;
> Mayor Saleh concerning several board and commission appointments;
> and the review of agenda items.
The city council convened into closed session at 6:28 p.m. for deliberation of pending
litigation regarding Three New Millennium as authorized by Section 551.071 and
personnel matters regarding the Planning and Zoning Commission and Zoning Board of
Adjustment appointments as authorized by Section 551.074 of the Texas Government
Code. They 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 7:00 p.m.
for the consideration of scheduled items.
City Council Minutes Page 2 of 12 June 26, 2007
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 Economic Development Bill Ridgway, Director of
Public Works Ron Young, Fire Chief Lee Koontz, Director of Planning and Development
Mike Collins, Police Chief Mike Brown, Director of Parks and Community Services Ray
McDonald, Assistant Police Chief Bob Freeman, Assistant Police Chief Harland
Westmoreland, Division Chief/EMS Jeff Morris, Fire Battalion Chief John O'Brien, City
Engineer Robert Barker, Police Lt. Wayne Pavlik, Police Sgt. David Chaney, Police Sgt.
Gary Landers, Planning and Development Manager Chris Barker, Public Works
Manager J. T. Ackerman, Finance Administrator Vicki Rodriquez, Texas Star General
Manager Glenda Hartsell-Shelton, Fleet and Facility Administrator Kyle McAdams, Golf
Course Superintendent Scott Boven, Building Official Kurt Kasson, Water Office
Manager Kathryn Tipton, Human Resources Manager Carolyn Marshall, Purchasing
Manager Mike Lowry, Fire Inspector Vernon Gilmore, Fire Driver Engineer Kelly Varwig,
Police Administrative Secretary Carol Agee, Library Secretary Karan Jasper, Volunteer
Coordinator Jerry Poteet, PACS Office Technician Lloyd Marlowe, Administrative
Secretary Gail Jones, Victims Assistance Coordinator Kathy Haecker, Facilities Tech
Jerald Lively, Information Services Administrator Dan McLain, Computer Services
Specialist Jake Dilliplane, and Reserve Police Officer Clyde Cullum.
VISITORS
Elaine Williams, Lisa Bynum, Faye Stinneford, Julie and Dillon Ratliff, Don Martin,
Christopher and Charlotte Smith, Naomi Barnes, John and Helen Voss, Bill and Boyce
Byers, Warren Wilson, Lou and Vicki Baum, Lori and Sarah De La Cruz, Barney Snitz,
Jessica DeLeon, Diane Kasson, Barkat Ali, James Gathings, Charles Cinquemani, Jerry
Goad, Richard Fox, Billy Owens, and others as noted in the visitor register.
INVOCATION
Reverend Gary Scarlett, First Church of the Nazarene, gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Linda Martin led the Pledge of Allegiance.
ITEM NO. 1 ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF
CERTIFICATES OF ELECTION
City Attorney Bob McFarland administered the Oath of Office and Mayor Saleh
presented Certificates of Election to Council Member Place 1, Tim Stinneford, and
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Council Member Place 6, Perry Bynum.
City Council Minutes Page 3 of 12 June 26, 2007
r,. ITEM NO. 2 SELECTION OF MAYOR PRO TEM
Mayor Pro Tern Martin motioned to nominate Council Member Leon Hogg as Mayor Pro
Tern.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 3 PRESENTATION OF EMPLOYEE OF THE MONTH FOR JULY
Police Chief Mike Brown introduced Police Lt. John Williams, and his wife, Elaine.
Mayor Saleh presented Lt. Williams with a plaque for being selected employee of the
month for July.
ITEM NO. 4 PRESENTATION OF EMPLOYEE SERVICE PIN
Director of Parks and Community Services Ray McDonald introduced Volunteer
Coordinator Jerry Poteet, and Mayor Saleh presented Jerry with a 15-year service pin.
CONSENT AGENDA
Mayor Saleh announced that Item No. 11 had been requested to be removed from the
Consent Agenda.
Council Member Miller motioned to approve Consent Agenda Items numbered 5
through 10, 12, and 13.
Mayor Pro Tern Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 5 APPROVAL OF ANNUAL CONTRACT FOR UNIFORM RENTAL
Approved the second two-year extension of Bid No. 022-03 with G & K Services, Inc.,
603 Airline Drive, Coppell, Texas, 75019-8131, for uniform rental in the estimated
expenditure of $34,215.
City Council Minutes Page 4 of 12 June 26, 2007
ITEM NO. 6 APPROVAL OF ANNUAL CONTRACT FOR FERTILIZER AND
CHEMICALS
Approved a one-year contract extension of Bid No. 023-06 with Estes, Inc., P. O. Box
8287, Wichita Falls, Texas, 76307; UAP of Irving, Texas, and Helena Chemical, 6801
Hwy. 66 West, Greenville, Texas, 75401, for the purchase of plant protectants and
fertilizers, in the estimated expenditure of $99,876, to be used at Texas Star Golf
Course, The Parks at Texas Star and various city parks.
ITEM NO. 7 APPROVAL OF EULESS PRIDE PROJECTS
Approved the Euless Pride Projects which are deemed to be of economic benefit to the
City of Euless, consisting of: (1) landscape improvements within the existing median at
750 E. Mid-Cities Blvd., in the estimated expenditure of $15,000; (2) a gateway
monument entry sign and landscape improvements on the northeast corner of S. Main
Street and S. Pipeline Road, in the estimated expenditure of $10,000; and (3) the
exterior façade and signage improvements at 212 N. Main Street, in the estimated
expenditure of$15,000.
ITEM NO. 8 AWARD OF BID NO. 025-07
Awarded Bid No. 025-07 to Hawk Construction, LLC, Princeton, Texas, for the
,ftw installation of an eight foot masonry screening wall along the east side of Gateway
Blvd., beginning at Glade Road and extending south a distance of 1,400 linear feet, in
the amount of$135,800.
ITEM NO. 9 APPROVAL OF ANNUAL CONTRACT FOR STREET SWEEPING
Approved a one-year extension of Bid No. 022-06 with Midwest Services, 1920 W.
Airfield Drive, DFW Airport, Texas, 75261, for street sweeping, in the amount of
$25,000, with Sweeping Services of Texas to continue as the secondary vendor should
the primary vendor become unresponsive.
ITEM NO. 10 APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF FORT
WORTH
Approved an interlocal agreement with the City of Fort Worth for the reconstruction
(asphalt overlay) of South Pipeline Road from FM 157 to American Boulevard and
reconstruction of the South Pipeline Road Bridge over Post Oak Channel. Euless and
Fort Worth will proportionately share the cost for asphalt materials based on the
percentages of the roadway frontage adjacent to each city. Euless will pay 45% and
Fort Worth will pay 55%. Fort Worth will manage the bridge reconstruction project.
Euless will participate in the project by providing 25% of the bridge replacement costs.
The Euless funding is estimated at $114,750 for the roadway and $157,000 for the
bridge, for a total amount of $271,750. Tarrant County will provide the equipment and
labor to perform the work.
City Council Minutes Page 5 of 12 June 26, 2007
ITEM NO. 12 AWARD OF BID NO. 020-07
Awarded Bid No. 020-07 to Hall-Albert Construction Company for the replacement of
sanitary sewer mains along Broadway Avenue (Cedar Hill Estates) from Hollywood
Blvd. to Sunset Drive and along the east side of North Ector Drive from W. Harwood
Road to W. Midway Drive, in the amount of$483,753.
ITEM NO. 13 APPROVAL OF CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of June 12, 2007.
REGULAR AGENDA
ITEM NO. 11 AWARD OF BID NO. 019-07
Council Member Martin motioned to award Bid No. 019-07 to Erosion and Retaining
Wall Structures, Inc., (ERWS), and authorized the city manager to execute the contract
for the bank stabilization project to include a gabion wall of approximately 250 ft. at a
height of 15 ft. and an inlet and outfall pipe in the Joyce Court parking lot to help reduce
erosion, for Little Bear Creek in the vicinity of McCormick Park, in the amount of
$216,135.11.
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin,
Porterfield, and Bynum
Nays: None
Abstentions: Council Member Miller
Mayor Saleh declared the motion carried.
Council Member Miller stated that he abstained because of his company's involvement
with the project.
ITEM NO. 14 AWARD OF BID NO. 026-07
Council Member Miller motioned to award Bid No. 026-07 to The Empire Environmental
Group and authorize the city manager to enter into a contract for the removal and
disposal of asbestos contained in the Dickey Apartments and related structures located
at 203, 204, 205, and 206 Dickey Drive, in the amount of $58,565. EDRS, Inc.,
Richardson, Texas, would be used as secondary service provider in the event that the
low bidder should become non-responsive during the term of the contract. Enercon
Services, Inc., will provide asbestos consulting services regarding asbestos abatement
specifications and air monitoring/project management services in the estimated
expenditure of$19,250.
City Council Minutes Page 6 of 12 June 26, 2007
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 15 AWARD OF BID NO. 027-07
Council Member Martin motioned to award Bid No. 027-07 to J. R.'s Demolition and
Excavation, Inc., Irving, Texas, and authorize the city manager to enter into a contract
for the demolition of the Dickey Apartments and related structures located at 203, 204,
205, and 206 Dickey Drive, in the amount of $48,800.
Mayor Pro Tem Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 16 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1779
Mayor Pro Tern Hogg motioned to approve the first and final reading of Ordinance No.
1779 amending the official Operating and Capital Budget for the fiscal year beginning
October 1, 2006, and ending September 30, 2007, for unforeseen and emergency
expenditures to fund the demolition of a vacated and unsafe apartment building.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 17 APPROVED SETTING PUBLIC HEARING DATE
Council Member Miller motioned to approve setting a public hearing date for August 14,
2007, regarding charges incurred in the demolition of the dry cleaner building at 302
Martha Street.
City Council Minutes Page 7 of 12 June 26, 2007
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 18 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1778
Council Member Porterfield motioned to approve the first and final reading of Ordinance
No. 1778 denying a request proposed by Atmos Energy to the Texas Railroad
Commission for an annual gas reliability infrastructure program rate adjustment for
customers on the company's system-wide distribution system to be effective on July 30,
2007.
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 19 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-04-SUP
AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1780
Mayor Saleh opened the public hearing at 7:31 p.m. for Specific Use Permit No. 07-04-
SUP on Lot 1R1, Block 1, Glade Crossing Shopping Center, for House of Paws, a dog
daycare, in C-2 (Community Business District) zoning, located at 101 Glade Rd. #201.
Director of Planning and Development Mike Collins stated that the applicant, Scott
Mattson, purchased the House of Paws dog daycare and received a specific use permit
a year ago, which was approved for one year. He stated that the transition to new
ownership has occurred without incidence, and staff has not received any complaints
from the other shopping center tenants, nor from citizens living in the adjacent
residential areas.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:33
p.m.
Council Member Martin motioned to approve the first and final reading of Ordinance No.
1780 for Specific Use Permit No. 07-04-SUP on Lot 1R1, Block 1, Glade Crossing
Shopping Center, for House of Paws, a dog daycare, in C-2 (Community Business
District) zoning, located at 101 Glade Rd. #201, subject to the following conditions: (1)
City Council Minutes Page 8 of 12 June 26, 2007
Tied to the owner, Scott Mattson, d.b.a. House of Paws; and (2) No overnight
�.. boarding/care of pets.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 20 APPROVAL OF SITE PLAN NO. 07-04-SP
Director of Planning and Development Mike Collins stated that the applicant, Westrom &
Walling Developers, LP, is requesting approval of a site plan for a four-lot commercial
development with professional offices on 1.202 acres of land. The property is located
on the east side of Byers Court, with one lot on the northeast corner of Fuller Drive and
Byers Court and three lots east of Byers Court and north of the existing homes fronting
on W. Fuller Drive. Completion of the development will be phased in with the first phase
to include development of Lots 2 and 4. Lot 2 will contain a 2,700 sq. ft. single story
professional office building with Byers Court frontage. Lot 4 will contain a 3,200 sq. ft.
single story professional office building. Future phases will include offices on Lots 1 and
3. All public improvements will be constructed in the first phase.
Council Member Miller asked the developer if the owner will maintain ownership.
Michael Wright, M. J. Wright and Associates Architects, 601 W. Harwood, Hurst, Texas,
76054, stated that he will retain ownership of Lots 2 and 3. Lot 4 has already been sold.
Council Member Miller stated he thought this will be a great project. He asked Mike
Collins if there would be mutual access to the vacant property to the north.
Director of Planning and Development Mike Collins stated yes.
Council Member Miller noted that this is the type of development that the council has
tried to get in that area behind the businesses facing N. Main Street.
Council Member Miller motioned to approve Site Plan No. 07-04-SP for commercial
development with professional offices on Tract 1 K, James P. Halford Survey, A-711,
and a portion of Lot 14, Fuller Addition, located on the east side of Byers Street, north of
W. Fuller Drive.
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
City Council Minutes Page 9 of 12 June 26, 2007
Nays: None
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Mayor Saleh declared the motion carried.
ITEM NO. 21 RECEIVED THE FISCAL YEAR 2007-2008 CRIME CONTROL AND
PREVENTION DISTRICT BUDGET
Council Member Porterfield motioned to receive the Crime Control and Prevention
District Budget for Fiscal Year 2007-2008 that was adopted by the Crime Control and
Prevention District Board of Directors at their annual meeting on June 18, 2007.
Council Member Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 22 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1777
Director of Public Works Ron Young stated that the Trinity River Authority and the
Tarrant Regional Water District recommend restricting outside water usage between
10:00 a.m. and 6:00 p.m. The ordinance does, however, provide for watering home
foundations, lawns, and new landscape plantings by handheld hose, drip irrigation, or
soaker hose.
Council Member Stinneford motioned to approve the first and final reading of Ordinance
No. 1777 amending Article II, "Water and Sanitary Sewer Systems," Chapter 86,
"Utilities," Section 86-26, "Rules, Regulations, Policies and Procedures," of the Euless
Code of Ordinances, prohibiting outdoor watering with sprinklers or irrigation systems
between the hours of 10:00 a.m. and 6:00 p.m. each day of the week, year round.
Home foundations, lawns and new landscape plantings may be watered by handheld
hose, drip irrigation, or a soaker hose.
Mr. James Gathings, 605 Clebud Drive, stated he is very interested in this subject and
urged approval.
Council Member Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
City Council Minutes Page 10 of 12 June 26, 2007
Council Member Bynum asked how the ordinance would be enforced.
City Manager Joe Hennig stated it will take a significant amount of marketing and
information to make the citizens aware. He did not expect citations in the immediate
future. After it is felt the public is adequately aware, violators would initially be written
warnings and then citations if it continued, with a maximum fine of $2,000.
ITEM NO. 23 PUBLIC COMMENTS
Mr. James Gathings, 605 Clebud Drive, Euless, addressed the council supporting the
water restriction ordinance and urging stronger measures and citizen awareness.
ITEM NO. 24 REPORTS
STAFF REPORT
There was no staff report.
CITY MANAGER
City Manager Joe Hennig stated that on behalf of all the staff, he is looking forward to
working with the new council members. He stated that regarding water conservation,
the council will be considering adopting the Tarrant Regional Water District's drought
.. contingency and conservation plan which will take the city's water conservation even
further. He stated that conserving water needs to become a personal issue. He
thanked the citizens, and stated Euless has many outstanding citizens dedicated to
serving the city.
CITY ATTORNEY
City Attorney Bob McFarland stated that quite a few years ago, the amortization plan
was brought before the council regarding the Dickey Apartments. After the case being in
the courts for a number of years, the court's final judgment issued recently allows for the
razing of the Dickey Apartments and fines in excess of$200,000.
CITY COUNCIL
Council Member Bynum thanked Fire Chief Lee Koontz and the fire department for
giving emergency care to his mother yesterday when she suffered a heart attack, and
stated they did a great job and she is doing well. He stated Euless has great
employees, and he expressed his thanks to all of them.
Council Member Porterfield welcomed new Council Members Tim Stinneford and Perry
Bynum to the city council, and stated he will enjoy working with them. He congratulated
Leon Hogg on being elected mayor pro tern. He also congratulated Police Lt. John
Williams on being selected employee of the month for July and Volunteer Coordinator
``' Jerry Poteet on his 15 years of service.
City Council Minutes Page 11 of 12 June 26, 2007
�..• Council Member Miller congratulated John Williams and Jerry Poteet. He also
congratulated Council Members Stinneford and Bynum on being elected to the city
council and Leon Hogg on being elected mayor pro tern. He stated he witnessed the
mutual aid from other cities at the apartment fire on Friday at Bear Creek Villas, and it
was amazing to see how mutual aid works. He thanked the citizens fire and police
academy alumni associations for their help at the fire. He stated it was good to see that
the amortization ordinance worked as it was intended and held up in the courts.
Council Member Martin stated it was great to see a large crowd .in the audience and
invited them back. She stated she enjoyed her time as mayor pro tem, and that she is
sure Mayor Pro Tern Hogg will do a great job. She congratulated John Williams, who
relates to people in the community of all ages, and Jerry Poteet who does an incredible
job as volunteer coordinator. She thanked Mr. Gathings for his views on water
conservation.
Mayor Pro Tem Hogg stated he always congratulates employees at every meeting, and
tonight is no exception. He stated it doesn't seem that Jerry Poteet has been with the
city for 15 years. He welcomed Council Members Stinneford and Bynum to the city
council.
Council Member Stinneford congratulated John Williams and Jerry Poteet. He stated
he always enjoys seeing employees being honored. He congratulated Leon Hogg on
�.. being selected mayor pro tern and Council Member Bynum on a long, hard campaign.
He stated he had never really considered running for office prior to last year, but he has
met numerous people and attended many neighborhood associations since he decided
to run. He said the campaign was tough but very rewarding. He thanked Helen and
John Voss, Bill and Boyce Byers, his wife, Faye, his daughter and grandson, Julie and
Dillon, his campaign treasurer, Lou Baum, and Todd Hill, John Schleeter, and Joyce
Humphries.
Mayor Saleh welcomed Council Members Stinneford and Bynum, and said it was great
to have a full council again. Mayor Saleh complimented the fire department, the citizens
fire and police academy alumni associations and other area fire departments who
responded to the apartment fire on Friday night. Mayor Saleh commended Police Chief
Mike Brown on the meetings the police department holds with the apartment managers
each month. She recognized Fleet and Facility Administrator Kyle McAdams and
thanked him for the new directional signs on city hall campus.
ITEM NO. 25 CLOSED SESSION
The city council convened into closed session at 8:10 p.m. for personnel matters
regarding the city manager as authorized by Section 551.074 of the Texas Government
Code. They reconvened into open session at 9:49 p.m.
ITEM NO. 26 ADJOURNMENT
Mayor Saleh adjourned the meeting at 9:50 p.m.
City Council Minutes Page 12 of 12 June 26, 2007
APPROVED:
. //a _'/
Mary Lib ''aleh, Mayor
ATTEST:
S�n Crim, RTC,C, City Secretary