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HomeMy WebLinkAbout1991-10-08MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL OCTOBER 8, 1991 CALL TO ORDER 1991 -204 A regular meeting of the Euless City Council was called to order by Mayor Pro Tem Mary Lib Ss_aleh at 4:10 p.m., on Tuesday, October 8, 1991, in the downstairs Administration Building Conference Room. Those present. were Mayor Pro Tern Mary Lib Saleh and., Counc:i.l. Members Frank Douglass, Todd Smith, Bobby Baker, and Peter Staks. Mayor Samuels arrived at 4:45 p.m. The City Council met in Executive Session to discuss Pending Litigation as authorized by V.T.C.S. Article 6252-17, Sec. 2 (e). COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7 :05 p.m., for the consideration of scheduled items. Staff Members Present Tom Hart, City Manager Kay Godbey, Assistant City Manager Bob McFarland, City Attorney Susan Grim, City Secretary Jean. Harris, Deputy City Secretary Steve Norwood, Asst. to City Manager Debra Forte', Dir. of Fiscal and Human. Resources Paul Kruck.eneyer, City Engineer John Craig, Director of Development. Tom Cox, Director of Administrative Services Lee Koontz, Fire Chief Rick Herold, Dir. of Parks and Leisure Services Randy Byers, Director of Public Works Modesto Mundo, Administrative Intern Lisa Schwarz, Administrative Intern Ed McFadden, Finance Intern Eldred Pruitt, Environmental. Health Manager Joe Foran, Police Detective Linda Free Purchasing Clerk Visitors Renee' Wilson Nancy Smith Ed Esquivel, Fulbright. & Jaworski Boyd London, First Southwest Company Steppe Crawford, Storer Cable of Texas, Inc. Kathi Noe, TCI Cabievision, Inc. and other visitors as shown on register 199i-206 Euless City Council. Regular Meeting of October. S, 1991 - Page Two PLEDGE OF ALLEGIANCE Major Harold Samuels led the Pledge of Allegiance. INVOCATION The invocation was given by Councilman Bobby Baker. ITEM NO. 1: PRESENTATION OF SERVICE PINS Mayor Harold Samuels presented a 10-year pin to _Toe Foran, Police Detective, a 10 -year pin to Lee Koontz, Fire Chief, a 10 -year pin to Linda Free, Purchasing Clerk, and a 10 -year pin to Eldred Pruitt, Environm.enta;. Health Manager. Mayor Samuels expressed his and the City Council's thanks and appreciation for their hard work and years with the City. Mayor Harold Samuels announced that all items would be removed from the Consent Agenda as requested by the Council. REGULAR AGENDA ITEM NO. 2: APPROVE SECOND AND FINAL READING OF ORDINANCE NO. 1061 Councilman Baker moved to approve second and final reading of Ordinance No 1061, authorizing the issuance of "City of Euless, Texas, Municipal Drainage Utility System Revenue Bonds, Series 1991 "; pledging the revenues of the Drainage Utility system to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, and delivery of said bonds, including the approval and execution of a Purchase Contract and. the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. Councilman. Smith seconded the motion. Ayes: Council. Members Douglass, Smith, Baker, Saleh, and St.aks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 3: APPROVE SECOND AND FINAL READING OF ORDINANCE NO. 1062 Mayor Pro Tem Saleh moved to approve second and final read ing of Ordinance No. 1062, authorizing the issuance of "City of Euless, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1991"; specifying the terms and features of said bonds; pledging the net revenues of the City's Waterworks and Sanitary Sewer System to the payment of the principal of and interest on said Bonds; 1991-207 Euless City Council Regular Meeting of October 8, 1991 -- Page. Three resolving other matters incident. and relating to the issuance, payment, security, sale and delivery of said bonds, including the approval_ and execution of a Purchase Contract and a Special Escrow Agreement and the _approval and distribution of an Official Statement pertaining thereto; and providing an effective date. Councilman Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays; None Mayor Samuels declared the motion carried, TTI*4 NO. 4: APPROVE RESOLUTION NO. 91 -765 Councilman Douglass moved to approve Resolution No. 91 -765, nominating ,Tames K. Norwood to serve on the Board of Directors of the Tarrant Appraisal District for a two year term beginning January 1, 1992, Councilman Staks seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nay None Mayor Samuels declared the motion carried. ITEM NO. 5: APPROVE MINUTE ORDER Mayor Pro Tem Saleh moved to approve a Minute Order, authorizing the City Manager to waive drainage utility fees for agriculture exemptions from January to August, 1991, and to refund payments made during that. time. Councilman Baker seconded. the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 6: APPROVE FINAL PLAT - BELCFIASE ADDITION #P -91 -11 Councilman Staks moved to approve Final. Plat - Belchase. Addition ,9-91-11, a request of Greenberg Farrow (Home Depot) for the final .plat of 12.0801 acres out of the A. J. Huitt Survey, A -684, into Lot 1, Bloc.: A, Belchase Addition; generally located south of SH 183 and east of FM 157. 1991-208 Euless City Council Regular Meeting of October 8, 1991 - Page Four Mayor Pro Tem Saleh seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 7: APPROVE TEMPORARY PERMIT Renee' Wilson was present representing Wilson Farms and requesting a temporary permit for outdoor sales of pumpkins on K--Mart parking lot from October 4 to October 31, 1 991 . in answer to questions of the. Council, Ms. Wilson stated that the pumpkins were considered a food item, there would be no sales tax charged, that they had not sold pumpkins in Euless before this year, that 10% of all sales would go to the Lena Pope Home, and., if approved, the pumpkins would be in place by Wednesday afternoon, October 9, 1991. Joni Craig advised that health inspections would be made prior to any sales. Councilman Baker moved to approve the temporary permit for outdoor sales of pumpkins on K -Mart parking lot from October 4, to October 31, 1991. Councilman_ Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 8: APPROVE RESOLUTION NO 91. -766 Councilman Smith. moved to approve Resolution No. 91-766, authorizing execution of. a Financial Advisory Resolution Agreement with First Southwest Company in con unction with Water & Sewer Revenue Bonds and Drainage Utility System Bonds. Mayor Pro Tem Saleh seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 9: APPROVE RESOLUTION NO. 91 -767 Councilman Staks moved to approve Resolution No 91 -767, providing for the redemption of certain outstanding Waterworks and Sewer System Revenue Bonds of the City; and resolving other matters incident and related to the redemption of such bonds. 1991- -209 Euless City Council Regular Meeting of October 8, 1991 ° Page Five Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried, ITEM NO. 10: APPROVE RESOLUTION NO. 91 -768 Mayor Pro Tem Saleh moved to approve Resolution No. 91-768, approving and authorizing the execution of a "Paying Agent /Registrar Agreement" in relation to the "City of Euless, Texas, Waterworks and System Revenue. Refunding Bonds, Series 1991" and resolving other matters incident and related. thereto. Councilman Baker seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 11: APPROVE RESOLUTION NO 91 -769 Councilman Douglass moved to approve Resolution No. 91. -769, approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Euless, Texas, Municipal Drainage Utility System Revenue Bonds, Series 1991" and resolving other matters incident and related thereto. Mayor Pro Tem Saleh seconded the motion, Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 12: APPROVE MINUTES - SEPTEMBER 24, 1991 The Minutes of the regular City Council meeting of September 24 1991, were approved as written. ITEM NO. 13: BID NO. 91 -29 Councilman Staks explained to the audience. that rather than buy a. street sweeper at this time, the City was going to inquire about. contracting with a company- to sweep the City's streets and moved to reject all bids for a Mechanical street Sweeper. 1991-210 Euless City Council Regular Meeting of October 8, 1991 -- Page Six Councilman Baker seconded the motion. Ayes: Coune :i.1. Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 14: APPROVE FIRST READING OF ORDINANCE NO. 1063 Bob McFarland, City Attorney, explained that this ordinance conforms our Utility District charges to State law, because recent amendments of State law prohibit assessment of the Drainage Utility District charges on vacant land until such time as it has been developed. The term, 'airport', with a t0' rate should be removed from the Land Use definition because there is no provision in State law excluding airports from drainage charges. The. D /FW Airport is excluded because. it has its own self - contained drainage system. Mayor Pro Tem Saleh. moved to amend Ordinance No. 1.063, by deleting the last line of Section 1, Subsection C, (Airport, 0, NIA, 0.00). Counci iman Baker seconded the motion. Mayor Pro Tem Saleh then movec, to approve the first ..:. reading of Ordinance No. 1063 as amended.. Councilman Douglass seconded the motion, Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the. motion. carried, ITT[ NO. 15: HOLD PUBLIC HEARING Mayor Samuels explained the public hearing process and opened the public hearing to consider amending, renewing and extending the franchise with Storer Cable of Texas, Inc. Tom Cox, Director of Administrative Services, spoke as a proponent. representing the City of Euless. He advised that the Franchise Fee would be increased from 3% to 5% of the gross revenues, that the contract term would be 10 years, that the City of Euless would have their own access station, that a "favored City" clause is included in the contract (if another city in the Dallas /Fort. Worth Metroplex area receives a franchise fee increase, the City of Euless will automatically receive the same increase without further negotiation), that Storer Cable Company has agreed to do professional productions for. the City up to 36 hours per month, and than.:. an annual review for compliance- will be performed. 1991 -211 Euless City Council Regular Meeting of October S, 1991 ° Page Seven Mr. Cox introduced Mr. Steve Crawford, District Manager of Storer Gable of Texas, Inc. Mr. Crawford answered questions of the Council concerning complaints, dropping cable channels, and the term "Subscriber Recourse." Mayor Samuels asked if there were other proponents wishing to speak. There being none, he asked if there were any opponents wishing to speak. There being none, Mayor Samuel closed the Public Hearing. ITEM NO. 16: APPROVE FIRST READING OF ORDINANCE NO 1064 Councilman Smith moved to approve. Ordinance No. 1064, amending, renewing and extending the franchise with Storer Cable of Texas, Inc. Mayor Pro Tem Sale.h seconded the motion. Ayes: Council members Douglass, Smith, Baker, Saleh,and Staks Nays: None Mayor Samuels declared the motion carried, ITEM NO. 17: APPROVE RESOLUTION NO 91 -764 Counc:.lman. Baker moved to approve Resolution No. 91 -764, substituting amended pages four and nine of original Resolution No. 91 -764, adopting guidelines and criteria for granting tax abatement in reinvestment zones created in the City of Euless. Councilman Staks seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Saleh, and Staks Nays: None Mayor Samuels declared the motion carried. ITEM NO. 18: REPORTS a) City Manager b) City Attorney :) Staff - Tom Cox, Director of Administrative Services. d) City Council (A) Tom Hart advised he had nothing to report, but asked Debra Forte' to make an introduction. Mrs. Forte` introduced Ed McFadden, Financial Intern, and advised that he has been working for the City the past: two months on the budget process and 199 -212 Euless City Council Regular Meeting of October 8, 1991 - Page Light the Nord projects. She stated that he is attending Dallas Baptist University working toward his MPA and is required to serve 180 hours in such a position. Mrs. Forte' also stated that Mr. McFadden is a Dallas Police Officer. (B) Mr. McFarland advised he had nothing to report. Mr. Cox presented the Council with a report concerning C:i.ty.t ink, the City's voice mail system and stated that in the past, approximately 246 messages were taken per day. He reported that the voice ma:i.l system had taken 5,000 calls in a three week period and that the Police Department is the largest user of the system. He added that it seemed as though the citizens had adapted to the system quickly. He explained briefly how to read the report he had presented and stated that he felt this was a super investment for the City. In answer to questions raised by the Council, Mr. Cox. advised that extension 1630 goes to the Police Department and that calls can be made into the Animal Shelter 24 hours each day. Mr. Bart added that he felt. the system was working well because Mr. Cox was managing it well.. (D) Councilman Douglass thanked Ed McFadden for his service and i.nqui.red about the Apartment. /condo project proposed for the southwest corner of Mid-Cities and Fuller -Wiser Road. Steve Norwood advised he had spoken with Mr. John Loyd, applicant of the project and that Mr. Loyd had indicated he had been unable to get funding for the project. Ms, Godbey added that she had received a call from a bank in Oklahoma regarding this project and that. the Dallas /Fort Worth Airport situation was a concern to the banker. Councilman Douglass also thanked the City Staff and the City Attorney for the work they had done regarding the proposed runways at D /F6, Airport and stated he was happy to hear Judge Rhea rule in favor of the affected cities. Councilman Baker thanked the employees receiving 10 -year service pins this evening for their years of service and Ed McFadden for his service to the City. He also stated he. was excited about the Judge's ruling concerning DIN Airport. Councilman Smith expressed his thanks to the employees who had served 10 years and received pins. He also stated that he was glad to hear Judge Rhea rule in the City's favor concerning D /FW Airport.. Councilman Smith stated he has much respect for him considering the Judge will be up for re -ele.ction before a Dallas constituency in 1992, the decision he made may not have been politically expedient, but what the Judge felt was right. 1991-213 Euless City Council Regular Meeting of October 8, 1991 - Page Nine Councilman Smith also advised the Council and Staff that he had spent 24 hours with the Fire Department and that he was saddened that a Euless citizen had been killed in a vehicle accident during that 24 hour period. However, he was glad to be able to tell about the technology, procedures, quick response., and type of service that is available to our citizens through the Fire Department. Councilman Smith thanked Fire Chief Lee Koontz for allowing him the opportunity to spend this time with the Fire Department. Mayor Pro Tem Saleb complimented the employees who received. 10-year service pins and thanked the for their service to the City. She also thanked Ed McFadden for his service to the City, jean Harris for the good job she does on City Council. Minutes, and the group that helped with. the Tree Board. She stated the Tree Board had an open house recently with good response, Mayor Pro Tem Saleh also thanked Tom Cox and Reggie Gast for the nice meeting room in the Administration Building that was recently completed. Councilman Staks thanked Ed McFadden for serving his internship with the City of Euless. He advised. that the Police Department picnic was very enjoyable and a great success. Councilman Staks stated he feels the Tax Abatement is good and that the cooperation between the Cities of Hurst and Euless has been good. He also stated he feels the citizens and merchants along S.H. 10 have received the. abatement. well and that he feels the staff and Highway 10 land owners should be urged to select an area where this abatement would apply. Harold Samuels thanked Torn Hart and Debra Forte' for the good presentation they put together allowing the City to obtain the good rates on selling i.ng bonds. He congratulated them for their good management and for showing fiscal responsibility. ADJOURNMENT There being no further business before the City Council, the meeting was adjourned. at 8 :27 p.m. ATTEST: ifs /" Susan Crim, CRC, City Secretary Minutes taken and prepared by jean Harris, CMC Deputy City Secretary APPROVED: Harold D. Samuels, Mayor.