HomeMy WebLinkAbout2009-04-28 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
TUESDAY, APRIL 28, 2009
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib
Saleh at 4:00 p.m. on Tuesday, April 28, 2009, in the Precouncil Conference Room of
City Hall, 201 North Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor
Pro Tern Linda Martin, Council Members Tim Stinneford, Leon Hogg, Donna Mickan,
Glenn Porterfield and Perry Bynum.
During the precouncil meeting:
Mayor Saleh reported that she and Parks and Community Services Director Ray
McDonald recently attended the Summit for Children and Families of North
Texas. She said they learned that organized activities such as sports are good,
but families need to spend more time together in activities similar to events we
sponsor here in Euless like Arbor Daze.
City Secretary Susan Crim reported on the beginning of early voting for the
upcoming May 9 City Council election and discussed the plans for canvassing
the election. She reviewed the calendar of future city activities and events.
Henry DelCastillo reported that the Hurst-Euless-Bedford Transit program has
been operating for nearly three years and is providing a reliable and sustainable
transportation service to core clients in the HEB area. He said they operate from
6 a.m. to 6 p.m. Monday through Friday for transportation disadvantaged clients
who are not otherwise served.
y Director of Parks and Community Services Ray McDonald gave a report on Arbor
Daze and thanked everyone for the great help they gave. He said they had
received many comments from residents, all positive, and stated the citizens
really liked the smaller festival with the hometown atmosphere. He said they
gave away over 3,000 trees and estimated approximately 7,000 in attendance.
Director of Planning and Development Mike Collins gave an update on residential
and commercial development, recent foreclosures, code enforcement and health
inspection activity, the status of the apartment inspection program and the new
signage at the Villages of Bear Creek.
y City Manager Gary McKamie reported that the Census Bureau is working toward
`�- the 2010 Census and has asked the City of Euless to assist by forming a
Complete Count Committee. He pointed out the importance of accurate counting
for future representation and funding for the City.
City Council Minutes Page 2 of 9 April 28,2009
r Special Projects Manager Kay Godbey reported on the American Recovery &
'�- Reinvestment Act and reviewed the projects submitted by the City of Euless, the
grants received, and the grants in the submittal stage for possible future funding.
She stated that new information is forthcoming daily.
r City Manager Gary McKamie reported on legislation being considered by the
Texas Legislature regarding appraisal and revenue caps, electric rate regulation
and collective bargaining.
The City Council convened into closed session at 6:18 p.m. for deliberation regarding
contemplated or pending litigation concerning Primary Purpose Homes, as authorized
by Section 551.071 of the Texas Government Code; for deliberation regarding
personnel matters related to a Zoning Board of Adjustment Appointment, the Director of
Economic Development and the Deputy City Secretary as authorized by Section
551.074 of the Texas Government Code; and for deliberation regarding economic
development incentives related to the Dallas/Fort Worth International Airport as
authorized by Section 551.087 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.
STAFF MEMBERS PRESENT
City Manager Gary McKamie, Deputy City Manager Loretta Getchell, Associate City
Attorney Paul Wieneskie, City Secretary Susan Crim, Director of Economic
Development Bill Ridgway, Director of Public Works Ron Young, Director of Planning
and Development Mike Collins, Director of Finance Vicki Rodriquez, Fire Chief Robert
Isbell, Police Chief Mike Brown, Director of Parks and Community Services Ray
McDonald, Communications and Marketing Manager Betsy Deck, Special Projects
Manager Kay Godbey, Fleet and Facility Administrator Kyle McAdams, Court Manager
Teresa Alexander, Assistant Director of Planning and Development Chris Barker, Senior
Planner Stephen Cook, City Engineer Robert Barker, Public Works Manager J. T.
Ackerman, Assistant Director of Finance Jackie Theriot, Information Services
Administrator Dan McLain, Computer Services Specialist Jake Dilliplane, Deputy Court
Clerks Claudia Quintero, Linda Minor, Emily Murphy and Rose Lopez, and City
Secretary Office Secretary Ann Pope.
VISITORS
Reverend Bob Neely of First Baptist Church, Jerrie Keller, Esther Johnson, Al Aston,
Carroll Scott, Pastor Denorvice Howard of Faith by Grace Family Worship Church, Jake
Thomasson, Mike Pizzelanti, John Schleeter, John Philips of Sycotic Designs, Mark
Compton, Eddie Price, Rosa Gonzalez, Richard Quintero, Micah Lane, Lisa Tran and
Madeline Kelley of U.S. Census Dallas Regional Office.
City Council Minutes Page 3 of 9 April 28,2009
INVOCATION
Reverend Bob Neely, Pastor, First Baptist Church gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro Tern Martin led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR MAY
Director of Finance Vicki Rodriquez introduced Municipal Court Deputy Clerk Claudia
Quintero and praised her contributions and accomplishments. Claudia introduced her
mother, Rosa Gonzalez, and her husband, Richard Quintero and her friends and co-
workers Municipal Court Manager Teresa Alexander, and Deputy Court Clerks Emily
Murphy, Rose Lopez and Linda Minor. Mayor Saleh presented Claudia with a plaque
for being selected employee of the month for May.
ITEM NO. 2 PRESENTATION OF PROCLAMATION
Mayor Saleh read the proclamation for Census 2010 proclaiming full support and
participation of the City of Euless in achieving an accurate and complete count in the
2010 Census. She then presented the proclamation to Madeline Kelley, Partnership
Specialist with the U. S. Census Bureau.
ITEM NO. 3 PRESENTATION OF QUARTERLY FINANCIAL REPORT FOR
PERIOD ENDING MARCH 31, 2009
Director of Finance Vicki Rodriquez presented the Quarterly Financial Report for the
period ending March 31, 2009. She stated that total revenues collected in the General
Fund for the first six months of Fiscal Year 2009 were up $516,717 when compared to
Fiscal Year 2008. Property tax collections were up from prior year by $702,134. Sales
tax collections decreased $87,123 from prior years, Municipal Court receipts fell
$102,727 from prior year due to decreased case volume, and Development revenues
increased by $18,380. Total General Fund revenues are at 61.5% of budget. General
Fund expenditures are at 45.35 of budget.
CONSENT AGENDA
Mayor Pro Tern Martin motioned to approve Consent Agenda Items numbered 4 thru 9.
Council Member Stinneford seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Mickan, Porterfield and Bynum.
Nays: None
Mayor Saleh declared the motion carried.
City Council Minutes Page-1 of 9 April 28,2009
ITEM NO. 4 AUTHORIZED THE CITY MANAGER TO EXECUTE
AGREEMENTS TO ESTABLISH A POST-EMPLOYMENT
BENEFITS TRUST
Authorized the City Manager to execute the agreements necessary to establish a Post-
Employment Benefits Trust, including, but not limited to, signing the adoption agreement
to adopt and establish the PEB Trust, signing the administrative services agreement
with Alerus Financial, and signing the application for an Employer Identification Number
for the Trust.
ITEM NO. 5 APPROVED RENEWAL OF BID NO. 023-07
Awarded a renewal contract to Reliable Paving, Inc., 1903 North Peyco, Arlington,
Texas, for asphalt street repairs and authorized the City Manager to enter into a
contract with Reliable Paving, Inc., not to exceed $72,000.
ITEM NO. 6 APPROVED AWARD OF BID NO. 006-09
Awarded Bid No. 006-09 for asphalt slurry seal and microsurfacing to Viking
Construction, Inc., 2592 Shell Road, Georgetown, Texas 78628, for a term ending
December 31, 2009 with four (4) one-year renewal options, and authorized the City
Manager to enter into a contract with Viking Construction, Inc., not to exceed $95,088.
ITEM NO. 7 APPROVED AWARD OF BID NO. 007-09
Awarded Bid No. 007-09 for concrete repairs to T. J. Concrete, 3325 Panola Avenue,
Fort Worth, Texas, 76103, for a period of one year with an option for four (4) additional
years, and authorized the City Manager to enter into a contract with T. J. Concrete not
to exceed $115,000. Estrada Concrete Company will be used as the secondary vendor
if the primary vendor becomes unresponsive.
ITEM NO. 8 APPROVED RESOLUTION NO. 09-1309
Approved Resolution No. 09-1309 adopting the Water Conservation Plan for the City of
Euless in accordance with House Bill 4 enacted by the 80th Texas Legislature.
ITEM NO. 9 APPROVED CITY COUNCIL MINUTES
Approved the minutes of the regular City Council Meeting of April 14, 2009
REGULAR AGENDA
ITEM NO. 10 HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 09-
01-SUP AND APPROVED FIRST AND FINAL READING OF
ORDINANCE NO. 1845
Mayor Saleh opened the public hearing at 7:28 p.m. for Specific Use Permit No. 09-01-
SUP on Tract 1B03 in the Kitty House Survey, A-678, in the TX-10 (Texas Highway 10
City Council Minutes Page 5 of 9 April 28,2009
Multi-Use District) for the Faith By Grace Family Worship Church, located at 2215 West
Pipeline Road.
Director of Planning and Development Mike Collins stated that the church, represented
by Pastor Denorvice Howard, is seeking to lease space within an existing structure
adjacent to a pet crematorium. He said the site plan submitted by the applicant
indicates adequate parking, and the applicant will be required to submit building permit
applications for the renovation of the interior of the building to be utilized by the church.
Mayor Saleh asked for any proponents.
Pastor Denorvice Howard of 3653 West Walnut Hill Lane, Irving, Texas, expressed his
hope that his church, Faith By Grace Family Worship, will be granted a Specific Use
Permit.
Mike Pizzelanti, owner of the facility said the Faith By Grace Family Worship Church will
be able to use the entire parking lot because his business is closed during the times
they will be meeting.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 7:33 p.m.
Council Member Stinneford motioned to approve the first and final reading of Ordinance
�.. No. 1845 for Specific Use Permit No. 09-01-SUP for the Faith By Grace Family Worship
Church, located at 2215 West Pipeline Road in the Kitty House Survey, A-678, Tract
1 B03, in the TX-10 (Texas Highway 10 Multi-Use District) with the following conditions:
(1) Tied to the pastor, Denorvice Howard; (2) Tied to the church, Faith By Grace Family
Worship; and (3) Limited to one year.
Mayor Pro Tem Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Mickan, Porterfield and Bynum.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 11 HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 09-
02-SUP AND APPROVED FIRST AND FINAL READING OF
ORDINANCE NO. 1846
Mayor Saleh opened the public hearing at 7:36 p.m. for Specific Use Permit No. 09-02-
SUP on Lot 5D, Jasper Addition, in C-2 (Community Business District) zoning, for a
paint shop, Sycotic Designs, located at 2021 West Airport Freeway #A.
Director of Planning and Development Mike Collins said John Philips is seeking renewal
of a specific use permit that was approved by the City Council on March 11, 2008.
There have been no operation issues during that time frame nor has the city received
City Council Minutes Page 6 of 9 April 28,2009
any complaints on the business. Sycotic Designs provides custom painting services for
motorcycles in a fully enclosed paint booth.
Mayor Saleh asked for any proponents.
John Philips, 2021 West Airport Freeway, stated that he has enjoyed having his
business in Euless and it is doing good.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 7:40 p.m.
Council Member Mickan motioned to approve the first and final reading of Ordinance
No. 1846 for Specific Use Permit No. 09-02-SUP on Lot 5D in the Jasper Addition, for a
paint shop, Sycotic Designs, in C-2 (Community Business District) zoning, located at
2021 West Airport Freeway #A, with the following conditions: (1) Tied to the owner,
John E. Philips and (2) Tied to the business name, Sycotic Designs.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Mickan, Porterfield and Perry Bynum.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12 HELD PUBLIC HEARING FOR AMENDMENT TO UNIFIED
DEVELOPMENT CODE NO. 09-01-UDC AND APPROVED FIRST
AND FINAL READING OF ORDINANCE NO. 1847
Mayor Saleh opened the public hearing at 7:44 p.m. regarding an amendment to
Chapter 84 "Unified Development Code", Section 84-7 "Definitions and Word Usage",
subsection (b) "Definitions" of the Code of Ordinances.
Director of Planning and Development Mike Collins explained that it was necessary to
update the definitions in Chapter 84 in order for them to be consistent with those
included in Ordinance No. 1844, adopted on March 24, 2009, related to sexually
oriented businesses. The proposed ordinance contains a new set of definitions to
provide clarification and a better understanding of individual terms related to the
complex regulation of sexually oriented businesses. These definitions become very
significant with respect to the issuance of a license to operate. The new ordinance
specifically spells out what sexual acts, exposed parts of the human body, or what
criminal convictions constitute the basis for denial of a permit.
There were no proponents or opponents and Mayor Saleh closed the public hearing at
7:48 p.m.
City Council Minutes Page 7 of 9 April 28,2009
`�- Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1847 amending Chapter 84 "Unified Development Code", Section 84-7 "Definitions and
Word Usage", subsection (b) "Definitions" of the Code of Ordinances.
Council Member Stinneford seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Mickan, Porterfield and Bynum.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 13 ACCEPTED RESIGNATION OF ZONING BOARD OF
ADJUSTMENT MEMBER AND APPOINTED REPLACEMENT
Council Member Bynum motioned to accept the resignation of Karin Newell from Place
5 on the Zoning Board of Adjustment, and to appoint Steven Ellis to Place 5 from his
position as Alternate No. 1, and to appoint Bryon DeVries to Alternate No. 1 from his
position as Alternate No. 2.
Council Member Porterfield seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Mickan, Porterfield and Bynum.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14 PUBLIC COMMENTS
There were no public comments.
ITEM NO. 15 REPORTS
CITY ATTORNEY
Associate City Attorney Paul Wieneskie had no report.
CITY MANAGER
City Manager Gary McKamie recognized Micah Lane of View Point Bank and thanked
him for his interest in the City of Euless and for his attendance at the City Council
meeting. He complimented the entire staff for doing an outstanding job in holding down
costs in the difficult economic time. He said that they have only expended 45% of the
budget, although over half of the year has passed. The staff is committed to staying in
the black without any impact on our services to our citizens. This effort can clearly be
City Council Minutes Page 8 of 9 April 28, 2009
seen with the Arbor Daze festival this year. The staff was scaled back, but because of
`�- diligent and hard-working people, Arbor Daze was still a great success.
CITY COUNCIL
Council Member Mickan congratulated Claudia Quintero on being selected Employee of
the Month for May, and she thanked Director of Finance Vickie Rodriguez for her
comprehensive financial report. She stated that the staff and volunteers made Arbor
Daze great. She said that the Teen Court Banquet was a wonderful success, and
scholarships were given to deserving students who work in the teen court.
Council Member Porterfield congratulated Claudia Quintero for her recognition, and he
thanked Director of Finance Vicki Rodriquez for presenting her financial report to the
entire City Council and citizens in such a way that it keeps the City's finances
transparent and before the public. He congratulated those who made Arbor Daze a
success and thanked the staff and volunteers for their efforts.
Council Member Bynum said that Arbor Daze was a wonderful festival, and everyone
did a great job. He expressed his appreciation to Director of Parks and Community
Services Ray McDonald for the educational exhibit on how to reclaim water. He
complimented Director of Finance Vicki Rodriguez on a great job, and he encouraged
everyone to get out and vote in the upcoming City Council election.
*,,,w Council Member Stinneford congratulated Claudia Quintero on the great job she is
doing in the Court. He thanked the entire staff for the incredible work on the budget
during such a tough time with a declining economy. He also thanked the Arbor Daze
volunteers and staff who worked diligently for two days, and said he believes it is what
sets Euless apart from every other city he has ever lived in.
Mayor Pro Tem Martin congratulated Claudia Quintero and thanked everyone involved
with Arbor Daze. She said that even though the festival was run with a scaled down
staff, she was not aware of that fact because it was done so seamlessly. She also
thanked the staff for their conservative fiscal management.
Mayor Saleh expressed how well Arbor Daze went and the enthusiasm of volunteers
and participants in the festival. She reported that five elementary schools participated in
the Poe-Tree Contest this year, and the winner was Midway Park Elementary School
with their poem, "My Great Big Friend'. She stated that the poem will be posted on a
plaque in the Preserve at McCormick Park and published in the next "Euless Today"
magazine.
The Mayor reminded everyone that Election Day is May 9, 2009, and announced that
the candidates for Place 5 are Council Member Glenn Porterfield and Eddie Price, and
for Place 6 the candidates are Council Member Perry Bynum and Lorren Britton.
City Council Minutes Page 9 of 9 April 28,2009
ITEM NO. 16 ADJOURNMENT
Mayor Saleh adjourned the meeting at 7:56 p.m.
APPROVED:
17t �1--1
Mary Lib S eh
Mayor
ATTEST:
Susan Crim, MC
City Secretary