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HomeMy WebLinkAbout2007-09-25 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL SEPTEMBER 25, 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, September 25, 2007, in the Precouncil Conference Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tem Leon Hogg, Council Members Tim Stinneford, Linda Martin, Charlie Miller, Glenn Porterfield, and Perry Bynum. The precouncil meeting included: > A presentation by Gail Cooksey on Tarrant Regional Transportation Coalition's solutions to the growing transportation crisis in the western half of the Metroplex; Ms. Cooksey announced that Mayor Saleh would be installed as the Secretary of the Tarrant Regional Transportation Coalition the following week. • A discussion led by City Manager Gary McKamie regarding nomination of o,,,,, candidates to the Tarrant Appraisal District Board of Directors; > A report from Director of Community Services Ray McDonald regarding a proposed Local Historical Marker Program; • An update and discussion led by Director of Public Works Ron Young and City Manager Gary McKamie regarding the intersection of West Pipeline Road and State Highway 10; • A report on the Texas Municipal Retirement System from City Manager Gary McKamie; > An update regarding code issues and new development in the City by Director of Planning and Development Mike Collins; • A financial report for August given by Director of Finance Vicki Rodriquez; > and the review of agenda items. The city council convened into closed session at 6:35 p.m. for deliberation concerning real property as authorized by Section 551.072, and deliberation concerning economic development incentives regarding Glade Parks as authorized by Section 551.087 of the Texas Government Code. They reconvened into open session at 7:00 p.m. City Council Minutes Page 2 of 9 September 25, 2007 COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:07 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Gary McKamie, Deputy City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Fire Chief Lee Koontz, Police Chief Mike Brown, Director of Economic Development Bill Ridgway, Director of Public Works Ron Young, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, City Engineer Robert Barker, Fire Marshal Paul Smith, Planning and Development Manager Chris Barker, Fleet and Facility Administrator Kyle McAdams, Public Works Manager J. T. Ackerman, Texas Star General Manager Glenda Hartsell-Shelton, Library Administrator Kate Lyon, Human Resources/Risk Administrator Carolyn Marshall, Kitchen Manager/Chef John Aritua, Economic Development Secretary Kaye Anderson, Victims Assistance Coordinator Kathy Haecker, Computer Services Specialist Jake Dilliplane, Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. VISITORS Rachelle and Elizabeth Aritua, Sonya Meehan, Bobby and Tenia Baker, Tim Powell, Beth Ann Gregory, Faye Stinneford, Dylan Ratliff, Scott Fisher, Gary Haecker, Bill Williams, Jerri Keller, Helen Wagner, Sharon Finnegan, Don Horton, Jake Thomasson, Billy Owens, and others as noted in the visitor register. INVOCATION Reverend Scott Fisher, Pastor, Metroplex Chapel, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Perry Bynum led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR OCTOBER Texas Star General Manager Glenda Hartsell-Shelton introduced Raven's Grille Kitchen Manager and Chef John Aritua, his wife, Rachelle, and daughter, Elizabeth, and mother-in-law, Sonya Meehan. Mayor Saleh presented John with a plaque for being selected employee of the month for October. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Fire Marshal Paul Smith proclaiming the month of October 2007, as "Fire Prevention Month" and October 7 - 13, 2007, as "Fire Prevention Week". City Council Minutes Page 3 of 9 September 25, 2007 CONSENT AGENDA Council Member Martin motioned to approve Consent Agenda Items 3 through 8. Council Member Miller 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. 3 AUTHORIZED CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF EULESS AND THE PUBLIC EMPLOYEE BENEFITS ALLIANCE Authorized the city manager to execute an interlocal agreement between the City of Euless and Public Employee Benefit Alliance (PEBA), at the initial cost of $750 to join, in order to cooperatively purchase goods or services related to employee benefits. ITEM NO. 4 AUTHORIZED THE CITY MANAGER TO EXECUTE AN APPLICATION AND RELATED AGREEMENTS TO SEEK PRIVATE ,„ LETTER RULING FROM THE INTERNAL REVENUE SERVICE Authorized the city manager to execute an application and related agreements to seek a private letter ruling from the Internal Revenue Service regarding the tax exempt status of a Post Employment Health Benefit Trust (PEB Trust). ITEM NO. 5 APPROVAL OF AN INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Approved an interlocal agreement with North Central Texas Council of Governments (NCTCOG) for operation of commuter rail service for the Trinity Railway Express (TRE) with an annual cost of $106,675. This agreement is for a three-year term until September 30, 2010, and includes a revised annual contribution based on increases in the CPI between 2005 and 2007. ITEM NO. 6 APPROVAL OF RESOLUTION NO. 07-1263 Approved Resolution No. 07-1263 affirming that the water and wastewater impact fees for developments in the City of Euless shall continue in effect as adopted by Ordinance No. 1364 in 1999. ITEM NO. 7 RECEIVED VERIFICATION OF MAXIMUM IMPACT FEES AND AUTHORIZED MAYOR TO CERTIFY COMPLIANCE TO THE TEXAS ``` ATTORNEY GENERAL City Council Minutes Page 4 of 9 September 25, 2007 Received verification of the maximum impact fees for water and sanitary sewer and `"` authorized the Mayor to certify to the Texas Attorney General that the impact fees of the City of Euless comply with state law. ITEM NO. 8 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of September 11, 2007. REGULAR AGENDA ITEM NO. 9 PUBLIC HEARING AND APPROVAL OF THE FIRST READING OF ORDINANCE NO. 1786 Mayor Saleh opened the public hearing at 7:18 p.m. regarding the franchise with Allied Waste Services for the collection of residential and commercial garbage and trash for five years, effective March 1, 2008. Director of Economic Development Bill Ridgway stated he was combining the presentations for the franchise agreements with Allied Waste Services for solid waste collection and Community Waste Disposal (CWD) for recycling collection. He stated the city's current franchise agreements with both Allied Waste Services and Community Waste Disposal (CWD) are scheduled to expire February 28, 2008. The city has negotiated with both companies for the renewal of the agreements for an additional five years. Allied and CWD have agreed to continue to provide solid waste collection services and recycling services with an increase of approximately 25% over current rates. While the increases are substantial, staff recommends approval of the proposed agreements due to the significant increase in fuel cost and other operating costs. Additionally, Allied and CWD have agreed to a multi-year contract with increases limited to 3.4% per year. This will result in residential solid waste rates ranging from $6.99 to $7.99 and recycling rates ranging from $0.98 to $1.12 during the five-year term. Both companies have agreed to significant penalties for failure to perform in addition to their required performance bonds. Mr. Ridgway stated that homes north of Harwood Road will have trash picked up on Tuesdays and Fridays and homes south of Harwood Road will have trash picked up on Mondays and Thursdays. Mayor Saleh asked for any proponents or opponents. Bill Williams, 516 Aransas Drive, spoke in opposition of the franchises since the solid waste and recycling contracts did not go through the bidding process, and because the rates would rise 25%. City Manager Gary McKamie explained that the city was able to get much better rates by negotiating with the existing companies. He noted that the rate in the fifth year at $7.99 is far cheaper than what area cities that have recently gone to bid are currently paying, which is over $10. He stated that although the rates are going up 25% from the City Council Minutes Page 5 of 9 September 25, 2007 current rate of $5.68 to $6.99 in the first year, staff believed it to be justifiable since fuel `�- costs have increased significantly. City Attorney Bob McFarland stated that the city had two choices; either enter into negotiations with existing companies or go out for bids. If the city went out for bids, they would have to accept the low bid or reject all bids. The city cannot negotiate with other companies. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:35 p.m. Mayor Pro Tern Hogg motioned to approve the first reading of Ordinance No. 1786 authorizing the franchise with Allied Waste Services for the collection of residential and commercial garbage and trash for five years, effective March 1, 2008. Council Member Stinneford 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 and noted that the second reading of this ordinance would be considered on November 13, 2007, because the City's Charter requires the two readings be held 30 days apart. ITEM NO. 10 PUBLIC HEARING AND APPROVAL OF THE FIRST READING OF ORDINANCE NO. 1790 Mayor Saleh opened the public hearing at 7:36 p.m. regarding the franchise with Community Waste Disposal (CWD), L.P., for the collection of residential and apartment recyclables for five years, effective March 1, 2008. Mayor Saleh asked for any proponents or opponents. Bill Williams, 516 Aransas Drive, stated he did not like this item being lumped together with the solid waste. He also stated that the city had a poor recycling program. City Manager Gary McKamie apologized for the items being considered together. He stated that effective March 1, 2008, the solid waste would be $6.99 and the recycling charge would be $0.98 for residential. He stated that participation in the recycling program is strictly voluntary. Director of Economic Development Bill Ridgway agreed that the recycling program is not the best, but citizens attending Town Hall meetings have stated they want to keep the blue bags. He stated the city did look at recycling bins of different sizes. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:43 p.m. City Council Minutes Page 6 of 9 September 25, 2007 Council Member Stinneford motioned to approve the first reading of Ordinance No. `r- 1790 authorizing the franchise with Community Waste Disposal (CWD), L.P., for the collection of residential and apartment recyclables for five years, effective March 1, 2008. Mayor Pro Tem 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 and noted that the second reading of this ordinance would be considered on November 13, 2007, because the City's Charter requires the two readings be held 30 days apart. ITEM NO. 11 PUBLIC HEARING FOR ZONING CASE NO. 07-03-ZC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1793 Mayor Saleh opened the public hearing at 7:45 p.m. regarding Zoning Case No. 07-03- ZC for a zoning change on Lot 24R4, Block 13, J. S. Anderson Subdivision, from C-2 (Community Business District) zoning to R-1 (Single-Family Detached Dwelling District) zoning, located at 1140 Signet Drive. Director of Planning and Development Mike Collins stated the applicant, Jon Westrom, Westrom and Walling Developers, L.P., wants to build a single family home on a vacant one-half acre lot. The property fronts on Signet Street, adjacent and east of existing homes on Renee Drive and north of existing homes on Oakridge Drive. The property is currently zoned commercial, but unlikely to develop as commercial. Mayor Saleh asked for any proponents. Bobby Baker, 405 Cullum Drive, stated he currently owns the property that has been in the family since 1972. He stated he was approached by Mr. Westrom who wants to build a very nice, large house on the site. Mayor Saleh asked for any opponents. Bill Williams, 516 Aransas, spoke against the zoning change. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:51 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1793 for Zoning Case No. 07-03-ZC for a zoning change on Lot 24R4, Block 13, J. S. Anderson Subdivision, from C-2 (Community Business District) zoning to R-1 (Single- Family Detached Dwelling District) zoning, located at 1140 Signet Drive. City Council Minutes Page 7 of 9 September 25, 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. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-09-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1792 Mayor Saleh opened the public hearing at 7:55 p.m. regarding Specific Use Permit No. 07-09-SUP on Lot 8, Block 2, Villages of Bear Creek Addition, for a dry cleaning plant in C-2 (Community Business District) zoning, located at 801 E. Mid-Cities Blvd., #300. Director of Planning and Development Mike Collins stated the applicant, Debbie Morgan, recently purchased the dry cleaners operating under a lease that will expire in 2011. The previously approved Specific Use Permit No. 01-02-SUP was approved in 2001. Mayor Saleh asked for any proponents. The applicant, Debbie Morgan, 1305 Woodvine Drive, stated the business was a family- run operation and they would appreciate the council's approval of their request. Bill Williams, 516 Aransas, stated he was in favor of the specific use permit. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:57 p.m. Council Member Bynum motioned to approve the first and final reading of Ordinance No. 1792 for Specific Use Permit No. 07-09-SUP on Lot 8, Block 2, Villages of Bear Creek Addition, for a dry cleaning plant in C-2 (Community Business District) zoning, located at 801 E. Mid-Cities Blvd., #300, subject to the following conditions: (1) Tied to the current owner, Debbie Morgan; and (2) Valid for four years. 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. City Council Minutes Page 8 of 9 September 25, 2007 ITEM NO. 13 PUBLIC COMMENTS Bill Williams, 516 Aransas Drive, spoke regarding the recycling program in Euless stating he believed the program needed improvement and greater education for the citizens should be done. Billy Owens, 508 Sunset Drive, stated Euless has a great educational program for recycling, which is provided by Kaye Anderson, the city's recycling coordinator. He noted that recycling is promoted at almost every Euless event. ITEM NO. 14 REPORTS STAFF REPORT Fire Marshal Paul Smith gave a presentation regarding the fire safety public education program presented in the schools and throughout the community. He described how fire prevention and other fire safety education programs have benefitted the City. CITY MANAGER City Manager Gary McKamie stated that city staff is made up of a great team of over 400 people. He stated that Fire Marshal Paul Smith is not only a great team player but also an impact player and has made an impact from the beginning of his employment at the city. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. CITY COUNCIL Council Member Martin congratulated Kitchen Manager/Chef John Aritua for being selected employee of the month and for the great job he does at Raven's Grille. She stated he produces amazing food out of such a small kitchen. She noted that she recycles, but she is not sure she would if she could not use blue bags. She stated the type of recycling containers has been a dilemma for the council and they have spent a great deal of time studying the issue. She stated that Paul Smith has made a great impact on the Fire Department. She emphasized the Citizens Fire Academy and Citizens Police Academy and stated they are a great way to learn about the City and to get involved. Council Member Miller congratulated John Aritua. He thanked Paul Smith for an excellent report and safety program. He stated it was good to see former council member Bobby Baker in the audience. He stated he appreciated the comments from Bill Williams and Billy Owens. Council Member Porterfield stated it was good to see Bobby Baker. He stated his appreciation for Paul Smith's report and congratulated John Aritua. He stated he appreciated Bill Williams comments. City Council Minutes Page 9 of 9 September 25, 2007 Council Member Bynum commented on the article in the Star Telegram about the `ow "green" challenge, in which several families chose to live green, and noted that Euless Police Officer Jonathan Price won the challenge. He stated the clown program used in the fire safety education is awesome and thanked Paul Smith for his report. Council Member Stinneford congratulated John Aritua, stating he performs miracles out of the kitchen at the Raven's Grille. He thanked the Fire and Police Departments for all they do. He urged people to get involved and to think about the future and recycle. Mayor Pro Tem Hogg expressed thanks to all the employees. Mayor Saleh commented that anyone who has been to the Raven's Grille can appreciate John Aritua. She noted the Fire Department Open House will be held Saturday, October 13, at Fire Station No. 3 on South Main Street, from 10 a.m. to 2 p.m. She thanked Bill Williams for attending the meeting and speaking. She reminded everyone that this Saturday is Hazardous Waste collection from 9 to 11 a.m. in the library parking lot. ITEM NO. 15 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:21 p.m. APPROVED: 1)14/1-9/OfttititJ Mary Lib Saleh Mayor ATTEST: Susan Crim, RMC City Secretary r..