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HomeMy WebLinkAbout1992-10-13 MINUTES OF A REGULAR MEETING OF THE `i► EULESS CITY COUNCIL OCTOBER 13, 1992 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Harold Samuels at 4:10 p.m. on Tuesday, October 13, 1992, in the downstairs Administration Building Conference Room. Those present were Mayor Harold Samuels, Mayor Pro Tem Mary Lib Saleh and Council Members Bobby Baker, Henry Boatright, Frank Douglass, Todd Smith and Peter Staks. Precouncil discussion was held on agenda items and other scheduled items. An executive session scheduled to discuss litigation and land acquisition as authorized by V.T.C.S. Article 6252-17, Sec. 2 (e) and (f) was not held. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:06 p.m. for consideration of scheduled items. Staff Members Present Tom Hart, City Manager; Kay Godbey, Assistant City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; K. B. Fuller, Police Chief; Lee Nor Koontz, Fire Chief; Joe Hennig, Director of Development and Operations; Paul Kruckemeyer, City Engineer; Debra Forte' , Director of Fiscal and Human Resources; Rick Herold, Director of Community Services; Gary McKamie, Assistant Police Chief; Rod Tyler, City Planner; Julia Wakeley, Recreation Manager; Andy Tarkington, Athletic Coordinator; Mary Clark Stroman, Accounting; Katherine Thompson, Public Relations Officer; Terry Highfill, Public Works; Ed Harrison, Parks Department; Cary Stevenson, Parks Department; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairman, Parks and Leisure Services Board; Jack Hill, Chairman, Planning and Zoning Commission; Charlie Miller, Parks and Leisure Services Board; Neal Adams, Industrial Development Authority; and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Councilman Todd Smith led the Pledge of Allegiance. INVOCATION Councilman Bobby Baker gave the invocation. Now REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 2 ITEM NO. 1: SPECIAL PRESENTATION `oy Red ribbons by the Drug Busters of Euless Junior High Student representatives of the Drug Busters of Euless Jr. High presented the City Council with red ribbons to promote drug awareness in the community and schools. ITEM NO. 2: SPECIAL RECOGNITION Awards given by the Texas Amateur Athletic Federation (TAAF) to the City of Euless and Mr. Ed Harrison Rick Herold, Director of Community Services, introduced Julia Wakeley, Recreation Manager, and Andy Tarkington, Athletic Coordinator, and congratulated them for receiving the Member City Award from the Texas Amateur Athletic Federation. The Member City Award is given to the city with the highest increase in participants and athletic opportunities. Mr. Herold also introduced Mr. Ed Harrison, the recipient of the 1992 Lifetime Achievement Award. Mr. Harrison received the award in recognition of his lifelong involvement in athletics for youth and adults of the community. ITEM NO. 3: PRESENTATION OF 10-YEAR PIN Mayor Samuels presented Cary Stevenson, Parks Department, with a 10-year pin and thanked him for his years of dedicated service to the city. ITEM NO. 4: RECOGNITION OF EMPLOYEE OF THE MONTH v.. Mayor Samuels presented the Employee of the Month plaque and a gift certificate to Mary Clark Stroman and congratulated her on being selected by her peers to receive this honor. ITEM NO. 5: FIRST READING OF ORDINANCE NO. 1092 - ZC-92-08 A request from Mr. Mike Sandlin, of Sandlin Homes, Inc. for a change of zoning on tracts 7E1, 7G and 7G1, J. P. Halford Survey, A-711, from C-1 (Neighborhood Business District) and C-2 (Community Business District) to PD (Planned Development for Single Family Detached) was tabled at the September 22, 1992 meeting. Mr. Sandlin was asked to bring a revised proposal back to the Council taking into account the concerns brought forth by residents and Council. Mr. Sandlin stated that since the last Council meeting he had worked with staff and met with seven homeowners on Fayette Drive whose homes back up to the proposed subdivision. He pointed out on the new plat that certain lots had been restricted to single-story homes and on Lots 32-49 one-half of the homes are restricted to single-story. Mr. Sandlin added that some screening will be required and he proposed planting four trees of 12-16' in height and about 4" caliper. The residents' concern regarding traffic on Becker Drive turning right was addressed by widening Timber Ridge Drive so there is now one wider entrance into the subdivision. Mr. Sandlin stated that he felt this plan was better than the one previously submitted and seemed to be more workable both from his standpoint and the existing homeowners. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 3 Mayor Pro Tem Saleh asked Mr. Sandlin about the Homeowner's Association and fir10, its responsibility for providing maintenance on landscaping outside the fence on Harwood Drive. Mr. Sandlin replied that he had submitted a set of deed restrictions and bylaws for the Homeowner's Association. He stated that the Homeowner's Association would be mandatory. Councilman Boatright asked Mr. Sandlin if deed restrictions were enforceable. Mr. Sandlin said that they were enforceable in a court of law, but the city does not normally get involved with enforcing deed restrictions. Mr. Sandlin stated that deed restrictions were set up for a length of 25 years and if there is not a majority vote to change them, they will be reinstated for another 25 years. Councilman Staks noted that at the previous meeting it was brought out that there should be a 25' building line to the garage door so that cars would not be parked right up to the sidewalk on the front-loaded lots, primarily on Becker Drive and Peterstow Drive. Mr. Sandlin replied that his reasons for not wanting to add 5' to the front of the lot is that most homeowners don't mind the front yard being too small, but they prefer the back yard to be as large as possible. Also, the homeowners on Fayette want as much room as possible between their lots and the new homes. Mr. Sandlin suggested putting a wider sidewalk right at the curb. He felt this would alleviate the problem of the sidewalk being too close to the garage door. Mr. Staks stated that his intention was to have the garage setback at 25' , not the entire house. Mr. Sandlin replied that if this is what the Council desires, he would work with the builders to determine if their plans would be suitable to this stipulation. 'mo.. Mr. Staks pointed out to Mr. Sandlin that both the Council and the Planning and Zoning Commission had expressed concern about the proposed size of lots adjacent to existing homes on Fayette Drive. Mr. Staks noted that to make these lots comparable to the houses on Fayette, would require Mr. Sandlin to lose approximately five lots. Mr. Sandlin stated that he had already dropped three lots and he could not afford to lose five more lots. He said that he felt the restriction of two-story homes and the proposed screening addressed the issue of the different lot size. Councilman Smith pointed out that the Council has the responsibility to assure that this is the best use of this property. Mr. Smith noted that Mr. Sandlin had been very cooperative in trying to revise his plans according to the wishes of the Council and the Planning and Zoning Commission. Mr. Smith stated that the single family ordinance requires a much larger lot size than is being proposed in this instance and that other developments in the area do comply with the lot size requirements. Mr. Sandlin replied that if he lost too many more lots in this subdivision it would not be a workable plan. Councilman Douglass stated that he felt that since the city is approximately 60% built out, that at least R1 size lots should be required. Also, he expressed concern that no park space had been set aside and that there was only one egress and one ingress and suggested another ingress and egress on the southwest side of the property. Mr. Sandlin replied that subdivisions that didn't have the neighbors support were doomed to failure, but the ones that have the support of the people in the surrounding area are basically ;` successful and he felt that he had the support of the neighbors. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 4 Mr. John Collins, 905 Fayette, addressed Council and stated that Mr. Sandlin had worked with the neighbors and has agreed to put up a fence and four or five trees. Mr. Collins felt that this would provide a sufficient buffer between the two developments. Mr. Collins added that the consensus of the neighbors was that they would rather have single family homes than a commercial development. Mayor Samuels asked those in the audience if they agreed with Mr. Collins and, if so, to raise their hands. Mayor Samuels announced that seven people raised their hand in agreement. Mr. Charlie Miller indicated that he was opposed to the development. Mayor Samuels pointed out that Mr. Sandlin could come very close to the 65' minimum lot width and only lose four lots by aligning Lots 1R through 12R with his lots 34-49. Mr. Sandlin said that he would take this into consideration and if it is deemed feasible, he will return for platting. Councilman Staks moved to approve the first reading of Ordinance No. 1092 (ZC-92-08) contingent upon the following: 1) that the center tier of lots have an alleyway with width to be worked out by staff as adequate. 2) all lots along Peterstow Drive, Deven Street and Becker Drive that are not alley-served lots (non-cul-de-sac lots) have 25' minimum distance to the garage doors. 3) along the east side of Becker Drive, from Harwood through Lot 34 (the lots that abut the existing Fayette neighborhood), have a minimum of 65' lot width. 4) lots which have a side yard on Timber Ridge Drive, Peterstow Drive and Deven Street have a minimum 10' of setback from any fencing on the side lot line from the right-of-way line. 5) each two-story home to have two trees per lot, with existing trees counting on the developer's behalf. Mayor Pro Tem Saleh seconded the motion. Ayes: Councilmen Baker and Staks, Mayor Pro Tem Saleh and Mayor Samuels Nays: Councilmen Douglass, Smith and Boatright Mayor Samuels declared the motion carried. City Charter requires approval by five or more aye votes for an ordinance to be passed on the first reading, therefore, Ordinance 1092 will require a second reading at the next Council meeting. ITEM NO. 6: CONSIDER FIRST READING OF ORDINANCE NO. 1093 Franchise Contract with Southwestern Bell Telephone Company `to. Mayor Samuels announced that this item would remain tabled until the next Council meeting. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 5 .y ITEM NO. 7: AUDIENCE REQUESTED BY APARTMENT ASSOCIATION OF TARRANT COUNTY Mr. John Mitchell, Executive Director, Apartment Association of Tarrant County, thanked the City staff for their cooperation in revising the Minimum Housing Ordinance. Mr. Mitchell stated that he felt the revised ordinance was a fair and workable one. ITEM NO. 8: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1096 Councilman Boatright moved to approve the first and final reading of Ordinance No. 1096, repealing Ordinance No. 1084 and adding Article IX to Chapter 4 of the Euless Code of Ordinances regarding the minimum housing requirements. Councilman Baker seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 9: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1097 Mayor Pro Tem Saleh moved to approve the first and final reading of Ordinance No. 1097, repealing Ordinance No. 1089 and amending Chapter 1 1/2 of the Code Nosy of Ordinances, Schedule of Fees. Councilman Boatright seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 10: APPROVAL OF PLAT VACATION - BELCHASE ADDITION Mayor Pro Tem Saleh moved to approve the request of Home Depot U.S.A. , Inc. , for the plat vacation of Lot 1, Block A, Belchase Addition, previously filed in Cabinet A, Slide 905, Tarrant County, on December 5, 1991. Councilman Staks seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 6 Nor ITEM NO. 11: APPROVAL OF FINAL PLAT 92-11 - BELCHASE ADDITION Councilman Douglass moved to approve the request of Home Depot U.S.A. , Inc. , for the final plat of Lot 1, Block A, Belchase Addition, a replacement of the current plat of record. Councilman Staks seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 12: PUBLIC HEARING FOR SPECIFIC USE PERMIT 92-09 Mayor Samuels opened the public hearing for Specific Use Permit 92-09 at 8:10 p.m. There were no opponents or proponents present. Mayor Samuels stated that due to a written request from Nicholas Bassila, the public hearing will be continued until the November 10 Council meeting. ITEM NO. 13: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1098 City Attorney Bob McFarland explained that the city's animal control officers had found that most dog and cat owners were in non-compliance with the present *Nor licensing ordinance, but are in compliance with the rabies requirement. He said that the ordinance would continue the requirement for rabies inoculation. Councilman Douglass expressed concern that if the city did not require dogs and cats to be licensed, there would be no recourse for animals running loose in the city. Mr. McFarland noted that even if the city dispenses with the licensing requirement, it will continue to be a violation to let dogs and cats run at large in the city. Councilman Baker moved to approve the first and final reading of Ordinance No. 1098, amending Sections 3-7, 3-17 and 3-62 of the Code of Ordinances eliminating the requirement for cat and dog licenses. Councilman Boatright seconded the motion. Ayes: Councilmen Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: Councilman Douglass Mayor Samuels declared the motion carried. CONSENT AGENDA (Mayor Samuels withdrew Item No. 14 from the Consent Agenda. ) REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 7 ITEM NO. 14: CONSIDER ACCEPTANCE OF THE CAPITAL IMPROVEMENTS ADVISORY �` COMMITTEE SEMI-ANNUAL REPORT (January 1, 1992 - June 30, 1992) Mayor Samuels stated that the Capital Improvements Advisory Committee report required some revision and will be resubmitted to the City Council. Councilman Staks moved to approve Items 15 through 20 on the Consent Agenda as follows: ITEM NO. 15: APPROVAL OF RESOLUTION NO. 92-792 Authorizing a joint usage agreement between the Cities of Grapevine and Euless for Bear Creek Park and Little Bear Creek Environmental Corridor and providing an effective date. ITEM NO. 16: RATIFICATION OF EMERGENCY PURCHASE Purchase HRT rescue tool pump and hydraulic cutter attachment from Casco Industries for $7,400 for the Fire Department ITEM NO. 17: RENEWAL OF BID AWARD NO. 91-33 Renew Bid No. 91-33 for Fire Department uniforms with Cannon Uniforms, Inc. on an "as needed" basis. ITEM NO. 18: AWARD OF BID NO. 92-29 Award Bid No. 92-29 for medical supplies for the Fire Department to the following: Nr► Matrix Medical 12 items approx. $ 3,123 Aero Products 50 items approx. $ 4,320 Moore 8 items approx. $ 250 Amzco 9 items approx. $ 210 No Stix 1 item approx. $ 250 Armstrong 31 items approx. $ 2,808 Plaza Pharmacy 10 items approx. $ 2,246 Bio Safety 1 item approx. $ 717 Clark 69 items approx. $ 4,501 Dixie 22 items approx. $ 1,137 TOTAL $19,562 ITEM NO. 19: AWARD OF BID NO. 92-31 Award Bid No. 92-31 for a Chevrolet Lumina for Fire Department administrative use to Classic Chevrolet in the amount of $13,405. ITEM NO. 20: APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 1992 Mayor Pro Tem Saleh seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 8 ITEM NO. 21: REPORTS a) City Manager No report. b) City Attorney No report. c) Gary McKamie, Assistant Police Chief, showed a videotape taken by cameras mounted inside a traffic unit. Police officers carry a cassette tape with them to record conversations as necessary during videotaping. The videotape included a night-time pursuit, a DWI arrest and the route taken to reach a child who had been injured as a result of a recent bicycle/motor vehicle accident. Mr. McKamie indicated the cost to install the videotape equipment in each police vehicle would be approximately $5,000. Mayor Samuels left the meeting at 8:45 p.m. d) City Council Councilman Boatright noted that he appreciated the presentations at the beginning of the meeting and commended the city staff. Mr. Boatright thanked Gary McKamie for his fine presentation. Mr. Boatright commented ,11. that the City had been well represented by Council Members and staff at the recent TML meeting. Councilman Staks reported that at TML he had the opportunity to meet with TML representatives regarding legislation which may be brought to the State regarding the airport issue. Mr. Staks stated that during one of the TML worksessions, it had been mentioned that in the next two years that cities under 100,000 may have to monitor and test storm drainage. Mr. Staks encouraged staff to review this issue and to make comments prior to the November 9 deadline. Mr. Staks also reported that he had learned that Lone Star gas has begun a program of converting vehicles to natural gas. Lone Star provides the retrofit cost and will do an audit on vehicles to check the feasibility of converting to natural gas. If, after the audit, the program is deemed feasible, Lone Star would set up a service center in the community to provide natural gas if vehicles are converted. The city would then be required to buy the natural gas from Lone Star for a certain period of time. Mr. Staks announced that Councilman Douglass had won a drawing at TML for a guaranteed reservation in the host hotel at next year's conference. Councilman Baker announced to the citizens that the Fire Department has taken delivery of a new aerial ladder fire truck. The equipment should be in service within a month. Councilman Smith noted that Ed Harrison was his junior high baseball coach and thanked him for the significant contribution Mr. Harrison made to his life. REGULAR COUNCIL MEETING OCTOBER 13, 1992 PAGE 9 Councilman Douglass congratulated Cary Stevenson on receiving his 10-year ''om. service pin and Mary Clark Stroman as Employee of the Month. Mr. Douglass commented that the TML conference provided some very useful information and added that converting vehicles to natural gas may soon be mandated. Mayor Pro Tem Saleh stated that she felt the staff who attended the TML conference in Houston had a very good opportunity to network with other cities. Mrs. Saleh noted she had attended a presentation of the Texas Nurseryman's Association last week where the President complimented the City of Euless for its excellent park system. He stated that the city had the best park system in north Texas. Councilman Boatright congratulated City Manager Tom Hart for receiving the 1992 Joy Sansom Mentor Award from the Urban Manager's Association of North Texas. ADJOURNMENT There being no further business before the City Council, the meeting was adjourned at 9:05 p.m. APPROVED: Harold D. Samuels, Mayor ATTEST: g Susan Crim, C C, City Secretary /cd \dw4\minutes\237.