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HomeMy WebLinkAbout1992-12-08 •. MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL DECEMBER 8, 1992 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Harold Samuels at 4:15 p.m. on Tuesday, December 8, 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 was held 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 consideration of scheduled items. Staff Members Present Tom Hart, City Manager; Kay Godbey, Assistant City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Lee Koontz, Fire Chief; K. B. Fuller, Police Chief; Debra Forte' , Director of Fiscal and Human Resources; Joe Hennig, Director of Development and Operations; Rick Herold, Director of Community Services; Tom Cox, Director of Administrative Services/Economic Development; Diane Eggers, Volunteer Coordinator; Modesto Mundo, Administrative Assistant; Michelle Wyman, Recycling Coordinator; Kyle McAdams, Fleet Superintendent; Terry Highfill, Regulatory Technician, Public Works; Betty Yarbrough, Library Manager; Carolyn Hoots, Library Assistant; Sheila Williams, Assistant Library Manager; Cathy DiMaggio, Assistant to the City Secretary Visitors Charlie Miller, Parks and Leisure Services Board; Billy Owens, Planning and Zoning Commission; Joyce Yamamoto, Library Board; Ron Yamamoto; Lark Koontz; Cub Scout Pack 161 - Keith Daniel, Dusty Barnett, Brian Everett, Brian Hurley, Josh Thorpe, Ben Caraway, Chris Collier and Cubmaster Paul Caraway; other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Councilman Frank Douglass led the Pledge of Allegiance. INVOCATION Mayor Pro Tem Mary Lib Saleh gave the invocation. REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 2 �.. PRESENTATIONS Student members of the Kids in Dedicated Service (KIDS) sang a Christmas carol and presented each council member with a Christmas basket filled with home-made baked goods from the Euless senior citizens. ITEM NO. 1: RECOGNITION OF EMPLOYEE OF THE MONTH Carolyn Hoots, Library Assistant, was recognized as the December Employee of the Month. Ms. Hoots' husband and mother-in-law and Joyce Yamamoto, Library Board member, were also present. UNFINISHED BUSINESS ITEM NO. 2: SPECIFIC USE PERMIT (SP-92-14) Request of Barkat All for a Specific Use Permit for a church on Lot 3A-R, Block E, Midway Square Addition - Phase 3. Mayor Samuels indicated that the City Council had some concerns regarding the D/FW airport proposed expansion and its effect on this property and, therefore, had tabled consideration of the specific use permit to allow staff and the city attorney to review the contents of a letter from D/FW Airport Deputy Executive Director, Richard Petit, regarding noise attenuation and avigation easements. Mr. Stan Wright, broker for the property, addressed the City Council . Mr. Wright r.. stated that he had contacted the D/FW Airport Board about the avigation easement and had found that an easement had previously been placed on the property in question. Mr. Joe Hennig, Director of Development and Operations, stated that the issue of noise attenuation is addressed by city ordinances which require 25db reduction from the outside of a structure to the inside of the structure. Mr. Wright indicated that Mr. Ali would have no problem complying with this noise attenuation requirement. Councilman Staks referred to the Planning and Zoning Commission recommendation that the church not exceed 50% of the structure and had concerns regarding the compatibility and possible negative impact of the church on the balance of the commercial center. Mr. Staks indicated that a Specific Use Permit with alcohol sales had been approved for a billiards facility in this complex. Mr. Wright responded that the only impact the church would have on this type of facility is that it would preclude serving alcohol since state law prohibits the sale of alcohol within a certain distance from the front door of a church. Councilman Douglass stated that he believed this was not the highest and best use of this piece of property, but the Constitution gives us basic rights and freedoms and one of them is freedom of religion. Mr. Douglass moved to concur with the recommendation of the Planning and Zoning Commission as follows: "The Planning and Zoning Commission recommended approval of this Specific Use Permit request at their regular meeting of November 3, 1992; subject to church uses being contiguous and limited to not more than 50% of the floor area of the shopping center. " Mr. Douglass added to his motion that this precludes any alcohol sales within the distance prescribed by this state. REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 3 ..- After calling for a second to the motion and hearing none, Mayor Samuels declared that the motion died for lack of a second. Councilman Baker moved to deny Specific Use Permit 92-14 as requested by the church. Mayor Pro Tem Saleh seconded the motion. Ayes: Councilmen Smith, Baker, Staks, Boatright, Mayor Pro Tem Saleh Nays: Councilman Douglass and Mayor Samuels Mayor Samuels declared the motion carried. ITEM NO. 3: CONSIDER SECOND READING OF ORDINANCE NO. 1093 Franchise Contract with Southwestern Bell Telephone Company City Attorney Bob McFarland stated that he had met with officials of Southwestern Bell after the first reading of Ordinance No. 1093 and suggested the following amendments: 1) amend definition of rights-of-way on page 4 to add the word "public" between the words "future" and "streets," and 2) add the word "public" between the words "the" and "Rights-of-Way" on line four, 1st paragraph on page 6. Due to the recent action of the City of Port Arthur against Southwestern Bell, Councilman Douglass moved to table the franchise contract for further study. Councilman Smith seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks and Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. NEW BUSINESS ITEM NO. 4: FIRST AND FINAL READING OF ORDINANCE NO. 1102 Establishing recycling rates Councilman Smith moved to approve the first and final reading of Ordinance No. 1102 establishing requirements and fees for the collection of recyclables. Councilman Boatright seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks and Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 4 ... Councilman Baker pointed out that we are giving a discount in recycling fees to Senior Citizens and Mayor Samuels stated that Euless is one of the first cities to include apartments in their recycling program. ITEM NO. 5: PUBLIC HEARING FOR ZONING CASE 92-11 Mayor Samuels opened the public hearing at 7:37 p.m. to hear input on a request of the Woods/Euless J.V. , Ernest Gatewood III, for a change of zoning on Tract 2G, Levi Franklin Survey, A-513, from C-2 (Community Business District) to PD (Planned Development - single family detached, small lots) . Mayor Samuels stated that the request for rezoning was withdrawn by the owner. Mayor Samuels closed the public hearing at 7:39 p.m. ITEM NO. 6: RESOLUTION NO. 92-794 Appointing Election Judges Mayor Pro Tem Saleh moved to approve Resolution No. 92-794, appointing election judges for the Special Election to be held on January 16, 1993, for the purpose of considering an additional Half Cent Sales Tax in the City. The appointed judges are as follows: Dorothy Wilkinson as the Presiding Election Judge, Midway Park Recreation Center; Della Ferris, Alternate Presiding Judge, Midway Park Recreation Center; Martha Burleson, Presiding Election Judge, Bear Creek Elementary School; Lucille Earls, Alternate Presiding Judge, Bear Creek Elementary School; and Linda Stevens, Presiding Judge, Early Voting Ballot Board. Councilman Staks seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks and Boatright, Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 7: RESOLUTION NO. 92-795 Supporting "America the Beautiful" Tree Grant Rick Herold, Director of Community Services, reported that the $7,000 grant would be used for low maintenance landscaping on Highway 10. Mayor Pro Tem Saleh moved to approve Resolution No. 92-795. Councilman Baker seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks and Boatright, Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. r.. REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 5 ... ITEM NO. 8: ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Tom Hart asked that Item No. 11, Minutes of the Regular Meeting of November 24, 1992, be withdrawn from the Consent Agenda. CONSENT AGENDA Councilman Staks moved to approve Items 9 and 10 on the Consent Agenda as follows: ITEM NO. 9: APPROVAL OF BID AWARD NO. 92-36 Bid No. 92-36 was awarded to Barrett White-GMC Truck for a single-axle dump truck in the amount of $28,990. ITEM NO. 10: APPROVAL OF BID AWARD NO. 92-37 Bid No. 92-37 was awarded to Nichols Ford, Inc. for a 1 1/2 ton cab and chassis truck with bucket lift in the amount of $40,184.30. Councilman Boatright seconded the motion. Ayes: Councilmen Douglass, Smith, Baker, Staks and Boatright, Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. REPORTS ITEM NO. 12: REPORTS a) City Manager The City Manager had nothing to report. b) City Attorney The City Attorney had nothing to report. c) Staff Michelle Wyman, Recycling Coordinator, distributed the newly printed recycling brochures being used to educate city residents about the recycling program which will will begin January, 1993. Ms. Wyman briefly reviewed recycling fees set by Ordinance No. 1102 at $1 .70 per month for a single family residence; $.85 for senior citizens; and $.90 per unit for apartments. Ms. Wyman explained the recyclable materials list and gave a brief overview of the implementation of the program. REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 6 ler d) City Council Councilman Boatright reported that he had attended the National League of Cities Conference and appreciated the opportunity to attend many informative workshops. Mr. Boatright commended Mayor Samuels, city staff and Linda Evans on the Christmas Tree Lighting Ceremony. Mr. Boatright thanked Michelle Wyman for her report and noted the many hours of preparation that had gone into the implementation of the recycling program. Councilman Staks thanked Michelle Wyman for her report on the recycling program and added that he felt this would be a model program. Mr. Staks thanked the Cub Scouts, Pack 161, who raised the flag prior to the Christmas Tree Lighting Ceremony. Mr. Staks said that he had attended the official opening and dedication of the Heritage Middle School in Colleyville. Mr. Staks suggested that this school be included in the recycling education program. Mr. Staks congratulated the Trinity Trojans on their recent victory in the semi-final championship game and wished them luck in the final championship game this coming weekend. Mayor Pro Tem Saleh welcomed students who were present from the Government class at Trinity High School . Mrs. Saleh noted that she was proud to be a representative of the city at the National League of Cities Conference which she attended. Councilman Baker thanked the Kids in Dedicated Service and the senior citizens for the Christmas basket. Mr. Baker said that he felt the recycling program will be a successful one, especially under the direction of the very capable Recycling Coordinator, Michelle Wyman. Councilman Smith thanked Michelle Wyman for her excellent report and said the program seemed to be in very competent hands. Mr. Smith extended his best wishes to the Trinity Trojans in their upcoming final championship game. Councilman Douglass expressed appreciation to Linda Evans for her coordination of the Christmas Tree Lighting Ceremony. Mr. Douglass thanked Michelle Wyman for her very informative presentation on the recycling program. He thanked Santa Claus for appearing at the Council Meeting and to the KIDS volunteers for the Christmas basket and wished everyone a Merry Christmas. Mayor Samuels said that he had attended a banquet of the Mayor's Council of Tarrant County where Judge Vandergriff was the keynote speaker. Judge Vandergriff commended the Trinity Trojans and wished them good luck in the upcoming game. ADJOURNMENT There being no further business, the Regular Meeting was adjourned at 8:12 p.m. ATTEST: APPROVED: 'san Crim, MC, City Secretary Harold D. Samuels, Mayor •.. /cd