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HomeMy WebLinkAbout2020-02-25 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL Tuesday, February 25, 2020 A regular meeting of the Euless City Council was called to order by Mayor Linda Martin at 4:32 p.m. on Tuesday, February 25, 2020, in the Precouncil Conference Room of City Hall, 201 North Ector Drive. Those present included Mayor Linda Martin, Mayor Pro Tern Jeremy Tompkins, Council Members Tim Stinneford, Eddie Price, Perry Bynum, Harry Zimmer, and Salman Bhojani. During the Precouncil meeting: ➢ Mayor Linda Martin advised that she was proud to attend the Police Department Annual Awards banquet held Friday, February 21, 2020, the Fire Department Annual Awards banquet held Saturday, February 22, 2020, and the Annual Board and Commission Appreciation dinner held Monday, February 24, 2020. Council Member Salman Bhojani advised that he is enjoying participating in the Citizens Fire Academy classes. ➢ Council Member Perry Bynum expressed his congratulations and appreciation to Planning and Zoning Commissioner Richard McNeese, who was awarded the 2019 Lifetime Contribution award at the Annual Board and Commission Appreciation dinner. City Manager Loretta Getchell reviewed the regular agenda. Finance Director Janina Jewell introduced Sara Dempsey, Audit Engagement Partner, Weaver. Ms. Dempsey presented the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending September 30, 2019, as well as the single audit. She advised that the firm has issued an unmodified (clean) opinion, and no audit adjustments or passed adjustments were noted (item #4). • Director of Planning and Economic Development Mike Collins presented the Development update, including commercial and residential development. • Finance Director Janina Jewell presented the financial report for the period ending January 31, 2020. CLOSED SESSION The City Council convened into closed session at 5:40 p.m. for deliberation regarding the following: Seek legal advice from the City Attorney as authorized by Section 551.071 of the Texas Government Code related to: Council Minutes Page 2 of 12 February 25, 2020 • 1451 West Euless Boulevard • Initiative and referendum procedures The purchase, exchange, lease or value of real property as authorized by Section 551.072 of the Texas Government Code related to: • Cresthaven Addition Mayor Martin recessed closed session at 6:46 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 consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Loretta Getchell Deputy City Manager Bob Freeman Assistant City Manager Chris Barker City Attorney Wayne Olson City Secretary Kim Sutter Deputy City Secretary Lindsay Wells Information Services Director Scott Joyce Police Chief Mike Brown Director of Planning and Economic Development Mike Collins Director of Public Works and Engineering Hal Cranor Finance Director Janina Jewell Library Director Sherry Knight Fleet and Facilities Director Kyle McAdams Director of Parks and Community Services Ray McDonald Fire Chief Wes Rhodes Director of Human Resources/Risk Donny Beasley Assistant to the City Manager Betsy Deck Texas Star General Manager Glenda Hartsell-Shelton Municipal Courts Manager Claudia Quintero VISITORS Heather Buen Joe Murchison, Sr. Barney Snitz Jared Hanhart Jennifer Richardson Samuel Tandankwa Kristie Hanhart Amanda Rountree Natalie Tran Suzy McCormick Kamea Rountree Peggy Vandiver Anniece McKanna Stevan Ruiz Mavy Wright INVOCATION Council Member Eddie Price gave the invocation. Council Minutes Page 3 of 12 February 25, 2020 PLEDGES OF ALLEGIANCE Council Member Perry Bynum led the pledges of allegiance to the flags of the United States and Texas. ITEM NO. 1. PRESENTATION OF EMPLOYEE OF THE MONTH FOR MARCH Police Chief Mike Brown introduced Records Clerk Courtney Henry. Courtney was accompanied by her father, Gary, mother, Lori, boyfriend, Adam Lagerberg, and members of the Police Department. Mayor Martin presented Courtney with a plaque commemorating her selection as Employee of the Month for March 2020. ITEM NO. 2. PRESENTATION OF PROCLAMATION Mayor Linda Martin presented a proclamation to Deputy City Manager Robert "Bob" Freeman recognizing his retirement from the City of Euless with 40 years of service. Bob was accompanied by his daughter, Melanie, son, Bobby, daughter-in-law, Mandy, and his significant other, Suzy McCormick. ITEM NO. 3. PRESENTATION OF OUTSTANDING FLEET RECOGNITION Air Quality Planners III Bailey Muller and Lori Clark, and Senior Program Manager Chris Klaus representing the North Central Texas Council of Governments (NCTCOG) presented Fleet and Facility Administrator Kyle McAdams with the 2019 Gold Fleet City award from the Dallas/Fort Worth Clean Cities Coalition. The City is among only three cities in the state of Texas to receive the Gold Fleet City award and has received a fleet award from NCTCOG for five consecutive years. ITEM NO. 4. PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDING SEPTEMBER 30, 2019 Finance Director Janina Jewell stated that independent auditors from Weaver performed the annual audit as required by the City Charter and are in attendance to present the findings of the report. Sara Dempsey, Audit Engagement Partner, Weaver, presented the results of the Comprehensive Annual Financial Report as well as the Single Audit to the City Council, and stated that the report indicated a sound financial environment. She added that the auditor opinion was once again unmodified, which is the highest level of assurance they can provide and reiterated that no audit adjustments were made. Council Minutes Page 4 of 12 February 25, 2020 CONSENT AGENDA (items 5 through 12) Mayor Martin asked Assistant City Manager Barker to read each item into the record. Council Member Stinneford motioned to approve the consent agenda items number 5 through 12. Mayor Pro Tem Tompkins seconded the motion. Ayes: Mayor Martin, Mayor Pro Tern Tompkins, Council Members Stinneford, Price, Bynum, Zimmer, and Bhojani Nays: None Mayor Martin declared the motion carried. ITEM NO. 5. ACKNOWLEDGED RECEIPT OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDING SEPTEMBER 30, 2019 Acknowledged receipt of Comprehensive Annual Financial Report for fiscal year ending September 30, 2019. ITEM NO. 6. APPROVED AWARD OF BID NO. 004-20 Approved renewal of Bid No. 004-20 for asphalt street repairs, overlays, materials and street maintenance services as follows: • Pavement Services, 4000 Tarrant Main Street, Euless, Texas, as primary supplier for asphalt street repairs, asphalt street overlay, tack coating, milling, and base stabilization; • Reynolds Asphalt, 701 South Industrial Boulevard #100, Euless, Texas, as primary supplier of asphalt material and secondary supplier for asphalt street repairs, asphalt street overlay, milling and base stabilization, and tertiary supplier of tack coating; • Texas Materials, 1320 Arrow Point Drive, Suite 600, Cedar Point, Texas, as a secondary supplier for asphalt material; • Viking Construction, 2592 Shell Road, Georgetown, Texas as primary supplier of micro-seal and slurry seal; and • Peachtree Construction, 5801 Park Vista Circle, Fort Worth, Texas, as secondary supplier for tack coating, micro-seal, and slurry-seal and tertiary supplier of asphalt street repairs, asphalt street overlay, and milling. The estimated annual expenditure is $975,000. Council Minutes Page 5 of 12 February 25, 2020 ITEM NO. 7. APPROVED RENEWAL OF RFP NO. 002-17 Approved renewal of Request for Proposal (RFP) No. 002-17, for depository services with Frost National Bank. The original contract was awarded to Frost National Bank on March 14, 2017 for depository services beginning April 1, 2017 through March 31, 2019, with an option to renew for three additional one-year periods. This represents the second of the three optional renewals. ITEM NO. 8. APPROVED RENEWAL OF BID NO. 003-18 Approved renewal of Bid No. 003-18 for ready mix concrete as follows: • CowTown Concrete, 3401 Bethlehem Avenue, Fort Worth, Texas, the primary supplier for delivered concrete 3000-4000 psi; • Lattimore Materials Company, 10361 Bickham Road, Dallas, Texas, the primary supplier for delivered concrete 4500-5000 psi, and secondary supplier for delivered concrete 3000-4000 psi; • U S Concrete (Redi-Mix), 331 North Main Street, Euless, Texas, as secondary supplier for delivered concrete 4500-5000 psi and tertiary supplier for delivered concrete 3000-4000 psi; and • Custom Crete, 27256 Prestige Road, Keller, Texas, as the primary supplier for Flowable Fill. The original contract, as awarded in February 2018, contained an initial term of one year with an option for two additional one-year renewals. This represents the second of the two optional renewals. The estimated annual expenditure is $242,000. ITEM NO. 9. APPROVED RENEWAL OF BID NO. 006-19 Approved renewal of Bid No. 006-19 to Smith Lawn and Tree, 3200 Handley Ederville Road, Richland Hills, Texas, and to GI Mow, 5128 Jennings Drive, North Richland Hills, Texas, for the annual contract for mowing maintenance. GI Mow is awarded section 1 (City Hall) and Smith Lawn and Tree is awarded sections 2 (Police and Courts), 3 (Medians), 4 (Right-of-Ways), 5 (Parks), 6 (Facilities), and 7 (City-owned Lots). The original contract was approved for one year with three optional one-year renewals. This represents the first of the three renewals. The estimated expenditure is $238,333. ITEM NO. 10. APPROVED A JOB ORDER CONTRACT Approved a Job Order Contract with ABM Building Services, LLC, 4100 Amon Carter Boulevard #112, Fort Worth, Texas, for HVAC system comprehensive maintenance through The Interlocal Purchasing System (TIPS) program Contract Number 18010102. The contract will be for a period of one year with two additional annual renewals. The program covers preventative maintenance, seasonal startup inspections, bi-monthly filter changes, service parts, and as needed replacement compressors as part of the contracted maintenance services. The estimated expenditure is $79,332. Council Minutes Page 6 of 12 February 25, 2020 ITEM NO. 11. APPROVED RESOLUTION NO. 20-1570 Approved Resolution No. 20-1570, agreeing to meet all match contribution requirements for the expenditures under the Tarrant County Home Investment Partnerships Program (HOME) for program year 2020. ITEM NO. 12. APPROVED CITY COUNCIL MINUTES Approved City Council minutes of the regular meeting of February 11, 2020. REGULAR AGENDA ITEM NO. 13. APPROVED SITE PLAN NO. 19-18-SP Director of Planning and Economic Development Collins presented the item to the City Council and advised that the applicant, Mycoskie, McInnis and Associates on behalf of Gagon Family Trust, is seeking to consolidate existing commercial property, a former single family residence and excess public right-of-way into two viable commercial lots for drive through restaurants. Lot 1 will consist of an existing Jack-in-the-Box restaurant and the addition of portions of the former East Fuller Road, and the former lot containing the Wendy's restaurant. Lot 2 will be a new construction and includes property formerly of Jack-in-the-Box, former public right-of-way, the lot containing the Wendy's restaurant, and a residential lot (109 East Fuller Drive) that was previously purchased and rezoned to C- 1. Additionally, the Planning and Zoning Commission considered the Site Plan on February 4, 2020, and voted 7-0-0 to recommend approval of the site plan. A representative for the applicant was in attendance to address any questions. Council Member Bhojani motioned to approve Site Plan No. 19-18-SP, a Commercial Development proposed to be located on Euless Gardens #2, Block 2, Lot 1R1 and #2, Block 1, Lot 24R1 and Westwood Village, Block 5, Lot 6 at 206 North Main Street. Council Member Bynum seconded the motion. Ayes: Mayor Martin, Mayor Pro Tem Tompkins, Council Members Stinneford, Price, Bynum, Zimmer, and Bhojani Nays: None Mayor Martin declared the motion carried. Council Minutes Page 7 of 12 February 25, 2020 ITEM NO. 14. APPROVED RESOLUTION NO. 20-1571 Mayor Martin opened the floor to hear comments related to the Fair Overtime and Scheduling Standards Initiative petition submitted on January 17, 2020, pursuant to Article IV, Section 5 of the Euless City Charter. The following individuals expressed their desire for the City Council to adopt the proposed ordinance or call for an election to have the measure placed on a ballot for voter consideration: • Stevan Ruiz, Labor Leader, AFL-CIO Central Labor Council, 907 River Falls Drive, Fort Worth; • Paulin Yakasa, Assembly Worker, LSG Sky Chefs, 1311 Monterrey Boulevard #121, Euless; and • Leticia Gomez, LSG Sky Chefs, 3321 Meadow Wood Lane, Bedford The following individual expressed his opposition to the proposed ordinance: • Chuck Allen, Managing Director of Governmental Affairs, American Airlines, 1 Skyview Drive, Fort Worth Council Member Bhojani requested that City Attorney Wayne Olson review the legality of the petition and proposed ordinance, including the possibility of the legislation being preempted by state law as referenced in a letter received by the City from the Texas Attorney General's office. City Attorney Wayne Olson provided an overview of the process as outlined in the Euless City Charter with regard to the submission and certification of an initiative petition. He advised that the City Secretary certified that the petition submitted on January 17, 2020, contained the requisite number of valid signatures and the City Council acknowledged the certification at the February 11, 2020 City Council meeting. He explained that in accordance with the Euless City Charter, the City Council is obligated to approve the ordinance within 30 days of the date of acknowledgement of the petition certification or take other action authorized by the charter. City Attorney Olson reviewed the Charter requirement as outlined in Article IV, Section 5 as it relates to Council consideration and submission of the initiative to the voters. He advised that the Council should either 1) adopt the initiated ordinance without amendment; 2) submit the initiated ordinance without amendment to a vote of the qualified voters; or 3) submit to a vote of the qualified voters of the City the initiated ordinance without amendment, and an alternative ordinance on the same subject proposed by the Council. Mr. Olson advised that he has several concerns with regard to how the ordinance is drafted as well as questions with regard to preemption by state law. He advised of litigation in three major cities in Texas that involve similar issues (Dallas, San Antonio, and Austin). These cities have adopted mandated sick leave provisions for employees of large employers in their city limits and all three cities adopted the measures pursuant to petitions filed in a similar manner. All three cities have been sued by either employers or organizations representing employers based on these sick leave provisions. The Council Minutes Page 8 of 12 February 25, 2020 Texas Attorney General intervened in these lawsuits stating that the provisions are in violation of the Texas Minimum Wage Act, which mandates that no city ordinance may adopt any wage that is in conflict with the Act. The City of Euless has no authority to adopt an ordinance that mandates a wage, and the legal question is if the proposed overtime and scheduling standards petition would violate the provisions of the Texas Minimum Wage Act. Mr. Olson stated that the Court of Appeals in Austin declared the sick leave ordinance to be in violation of the Texas Minimum Wage Act and enjoined Austin from enforcing the ordinance. The decision is on appeal to the Texas Supreme Court and the other cities are waiting to hear if the Texas Supreme Court will rule on the case and what the ruling will be. Mr. Olson also advised that the City has received a letter from the Texas Attorney General's Office. After reviewing the petition and proposed ordinance received by the City, the Attorney General's Office has taken the position that the proposed ordinance violates the Texas Minimum Wage Act and has asked the City Council to reject the proposed ordinance on those grounds. Additionally, Mr. Olson expressed his concern regarding the proposed ordinance in that it applies to businesses at DFW Airport, which could be in conflict with the Texas Municipal Airports Act. This Act authorized the creation of DFW Airport, which is owned by the cities of Dallas and Fort Worth, and they are given exclusive jurisdiction to operate the airport. He stated that there is language in the Act which indicates that the City is preempted from adopting any regulations that apply to operations at the airport. Further, Mr, Olson referenced Collective Bargaining Agreements (CBA) as referenced by Mr. Chuck Allen. Although he hasn't reviewed those agreements, federal law could govern the CBAs and any ordinance adopted by the City of Euless might not be enforceable. For the reasons presented, Mr. Olson stated that his advice to the City Council would be to not adopt the ordinance because it is likely not enforceable; however, the City Council still has the required ministerial duty to call an election based on the submitted petition. He expressed his concern that even if the voters approve the ordinance, there will likely be litigation as well as a very good chance that the ordinance will be declared unconstitutional and unenforceable. Mayor Pro Tem Tompkins inquired as to where citizens could review the proposed ordinance. Mr. Olson advised that it is a public record and recommended the City post the proposed ordinance on the City's website. City Manager Getchell advised that the ordinance has been included in the supporting documents for tonight's meeting agenda and is available for review by the public. Council Minutes Page 9 of 12 February 25, 2020 Council Member Stinneford raised several questions with regard to the City's ability to govern several aspects of the proposed ordinance, including a mechanism for businesses to report how many people they employ, if the number includes full-time, part-time, and seasonal employees, which City department would oversee this new responsibility, and if the Federal Railway Labor Act would preclude the businesses located on airport property. City Attorney Olson advised that his focus has been preemption and violation of state law. However, he stated that the proposed ordinance has several areas of conflicting language and does not provide a process or provisions for enforcement. Additionally, he advised that there are potentially two laws (Federal Railway Labor Act and the Texas Municipal Airports Act) that could preempt the City's ability to enforce the ordinance on businesses located on the airport property. Council Member Bynum requested that Mr. Olson provide additional details regarding enforcement. City Attorney Olson advised that the Texas Municipal Airports Act provides that the City of Euless Municipal Court has jurisdiction at the airport for enforcement of the City's ordinances within the City limits such as a speeding violation; however, the City's officers may not enter onto airport property to police or regulate any part of the airport property. The City has no ability to investigate if a violation has occurred on airport property. Mayor Martin expressed concern regarding privacy issues surrounding the release of private employee names and rates of pay. Council Member Zimmer stated that the City of Euless has been able to maintain the ad valorem tax rate for more than 20 years through good management and careful stewardship, all while maintaining the City's infrastructure, public safety and amenities such as parks and library services. He feels that the adoption of the proposed ordinance would require that the city add an additional service to manage the relationships between employees and employers for any large corporation located in our city at a cost to the property taxpayers. He expressed his support for the employees of LSG Skychefs when it comes to fair overtime and scheduling; however, he must do what is right for the citizens of Euless, He advised that his concern is directly related to the City's ability to maintain existing city services should the City find itself in a costly litigation process by the adoption of an ordinance that is preempted by state law and found to be unconstitutional. For this reason, he cannot support the adoption of the proposed ordinance. However, he stated that he would support calling an election to allow the voters to decide if they wished to support the ordinance, with the knowledge that a property tax rate increase may be necessary to support the implementation and the enforcement of the ordinance, and to finance any lawsuits as a result of the ordinance. Council Member Bhojani seconded Council Member Zimmer's comments and added that he believes the petitioners may not have chosen the appropriate government platform to Council Minutes Page 10 of 12 February 25, 2020 petition to address this matter. He stated that he believes that the state has jurisdiction over these type of regulations, and he expressed his concern with having to spend Euless taxpayer money to defend lawsuits related to the proposed ordinance. Mayor Martin expressed her concern that passage of the ordinance could negatively affect economic development in the City. Additionally, she pointed out that an existing business that might be subject to the proposed ordinance could relocate outside of the City to avoid the enforcement of the regulations. City Attorney Olson stated that the proper authority to regulate these issues is the State of Texas. Mr. Olson emphasized that there is ongoing litigation and one prior court opinion indicating that the proposed ordinance is in conflict with the Texas Minimum Wage Act. Additionally, the Texas Attorney General has taken a very strong position that state law would preempt the ordinance. Council Member Bhojani motioned to approve Resolution No. 20-1571 , ordering a special election to be held November 3, 2020, pursuant to Article IV, Section 5 of the Euless City Charter on a measure to allow the voters to consider voting for or against the proposed ordinance related to fair overtime and scheduling standards. Council Member Stinneford seconded the motion. Ayes: Mayor Martin, Mayor Pro Tern Tompkins, Council Members Stinneford, Price, Bynum, Zimmer, and Bhojani Nays: None Mayor Martin declared the motion carried. ITEM NO. 15. PUBLIC COMMENTS Stevan Ruiz, Labor Leader, AFL-CIO Central Labor Council, 907 River Falls Drive, Fort Worth, further discussed Agenda Item #14 stating his opinion that the City Council does have the authority to regulate certain employer behaviors. ITEM NO. 16. REPORTS City Manager City Manager Getchell expressed her appreciation to the Finance Department for their hard work on the annual audit. City Attorney No report given. Council Minutes Page 11 of 12 February 25, 2020 City Council Council Member Stinneford announced the award recipients as presented at the February 21, 2020 Police Department Annual Awards banquet: ECPAAA Volunteer of the Year Faye Stinneford EPD Volunteer of the Year Luther Norton W.M. Blackie" Sustaire Memorial Award Robert Powell Distinguished Service (Civilian) Bridgette McClay Distinguished Service (Sworn) George Paongo "' Michael Williamson Memorial Rookie of the Year Award Greg Stowe '' Bill Harvell Civilian of the Year Award Jeron Whalen David S. Hofer Servant Leadership Award Tim Banigan Supervisor of the Year Katherine Meador "' ` M Police Officer of the Year Lynette Gilliam � '" FD Life-Saving Award Elias Abedraboh Unit Citation — Neighborhood Patrol Brenda Alvarado Rocky Fimbres James Gordon Robert Bryan Carlos Peralez Chris White Certificate of Appreciation Sonya Stanton, Principal Euless Junior High Council Member Bhojani announced the award recipients as presented at the February 22, 2020 Fire Department Annual Awards banquet: 2019 Employee of the Year Drew Washington 2019 Supervisor of the Year Michael Hanks 2019 Driver/Engineer of the Year Brandon Schroeder 2019 Wayne Britt Award Ryan Rowan 2019 EMS Provider of the Year Josh Williams 2019 Rookie of the Year Garrett Ballard Mayor Pro Tem Tompkins announced the award recipients as presented at the February 24, 2020 Annual Board and Commission dinner: 2019 Volunteer of the Year Aimee Lanter 2019 Volunteer of the Year Jesica King 2019 Youth Volunteer of the Year Tiffany Glasford 2019 Business of the Year Green's Texas BBQ 2019 Organization of the Year Euless Junior High 2019 Lifetime Contribution Award Richard McNeese Council Minutes Page 12 of 12 February 25, 2020 Council Member Bynum expressed his appreciation to Deputy City Manager Bob Freeman for his 40 years of service to the City of Euless. Mr. Freeman stated that Euless has always been a family and expressed his appreciation to everyone in the audience for being a part of his family. ITEM NO. 17. ADJOURN Mayor Martin adjourned the meeting at 8:12 p.m. APPROVED: ATTEST: W(0.4.-- r �� Li a in, Mayor Kim Sutter, TRMC, CMC, City Secretary