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HomeMy WebLinkAbout1994-08-09 ter. MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL August 9, 1994 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:45 p.m. on Tuesday, August 9, 1994, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Bobby Baker and Council Members Frank Douglass, Todd Smith, Charles Miller, Glenn Walker and Henry Boatright. Precouncil discussion was held on agenda items and other scheduled items. The City Council met in Executive Session to discuss contemplated litigation and land acquisition as authorized by the Texas Government Code, Chapter 286, Sections 551.071 and 551.072. 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 the scheduled items. Staff Members Present Tom Hart, City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Debra Forte', Director of Fiscal and Human Resources; Tom Cox, Director of Administrative Services and Economic Development; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Kevin Mercer, Assistant Building Official; Modesto Mundo, Assistant to the City Manager; Michelle Wyman, Community Affairs Administrator; Capt. Harland Westmoreland, Police Department; Kimberly Althouse, Police Officer; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Jack Hill, Zoning Board of Adjustment; Lefty Lynn Maloney, Economic Development Advisory Board; Ray Saleh; Keith Eggers; Joe Cannon; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Walker led the Pledge of Allegiance. INVOCATION Mayor Pro Tem Bobby Baker gave the invocation. COUNCIL MINUTES AUGUST 9, 1994 PAGE 2 Now, ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH Police Chief Gary McKamie introduced Officer Kimberly Althouse and Mayor Saleh presented a plaque and gift certificate to Officer Althouse, as Employee of the Month for August. Chief McKamie noted that Officer Althouse's parents are police officers and her husband is an Irving firefighter. Officer Althouse introduced her mother and father, Mr. and Mrs. Mike Simpson, sisters, Pamela and Katherine, and daughter, Alex. ITEM NO. 2: PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Mary Spencer, Billy Eden's sister, in memory of Mr. Eden and his heroic death while serving in the Army Air Corp during World War II. Mr. John Eden, of the Blaine C. VVillhoite, Sr. Chapter of the Sons of the American Revolution, presented a certificate to the Council and a medal to Mayor Saleh. CONSENT AGENDA Council Member Walker moved to approve Items 3 through 7 on the Consent Agenda as follows: ITEM NO. 3: APPROVAL OF THE PURCHASE OF SECOND MOTORCYCLE FOR THE POLICE DEPARTMENT Approval of the purchase of a second motorcycle for the Police Department from Kawasaki City in the amount of $8,346. (NOTE: Bid No. 94-02 was approved by Council on March 16, 1994 for the purchase of one motorcycle. Two motorcycles were budgeted for the 1993-94 fiscal year.) ITEM NO. 4: RENEWAL OF AD VALOREM TAX ASSESSMENT AND COLLECTION AGREEMENT WITH TARRANT COUNTY Approval for City Manager to renew agreement with Tarrant County for the assessment and collection of ad valorem taxes for the 1994 tax year. ITEM NO. 5: APPROVAL OF RESOLUTION NO. 94-861 Approval of Resolution No. 94-861, accepting funds from the State of Texas and the North Central Texas Council of Governments to enable a pilot program, "Making it Easier, Making it Work: Apartment Recycling in Euless." ITEM NO. 6: APPROVAL OF RESOLUTION NO. 94-862 Approval of Resolution No. 94-862, accepting funds from the State of Texas and the North Central Texas Council of Governments to enable an education campaign, "Meeting the Challenge in Euless: Phase II." COUNCIL MINUTES AUGUST 9, 1994 PAGE 3 ITEM NO. 7: APPROVAL OF MINUTES OF JULY 12, 1994 REGULAR MEETING r.. The Minutes of the July 12, 1994 meeting were approved as presented. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 8: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1147 Council Member Boatright moved to approve the first and final reading of Ordinance No. 1147, changing the name of the Advisory Board for Social Concerns to Community Advisory Board. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh '- Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9: PUBLIC HEARING - ZONING CASE #94-07 Mayor Saleh opened a public hearing at 7:10 p.m. to hear input on a request of the Ashbrook Group for a change of zoning on 5.871 acres out of the Solomon Huitt Survey, A-705, from the present zoning of R-3 and R-4 (Multi-family at 12 and 16 units/acre) to PD (Planned Development - Single-family detached, zero lot line units, private streets). The property is generally located on the south side of Harwood Road between Bear Creek Villas and Bear Creek Bend II. Mr. Randy Byers, Director of Development and Public Works, reviewed the requested zoning change. The Planning Commission recommended approval of the zoning change at their meeting of July 19, 1994. Mr. Eric Thomes, a representative of the Ashbrook Group, was not present. There were no proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 7:12 p.m. ITEM NO. 10: TABLE FIRST AND FINAL READING OF ORDINANCE NO. 1146 (Zoning Case #94-07) Council Member Miller moved to table consideration of the first and final reading of Ordinance No. 1146 (Zoning Case #94-07) until later in the meeting in the event that the developer may have been detained. COUNCIL MINUTES AUGUST 9, 1994 PAGE 4 Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. (NOTE: Item No. 10 was discussed after Item No. 19 when Mr. Thomes arrived.) ITEM NO. 11: PUBLIC HEARING - SPECIFIC USE PERMIT #94-06-SUP Mayor Saleh opened a public hearing at 7:20 p.m. to hear input on a request from the American Indian Center for a Specific Use Permit for an alcohol/drug counseling center in an 1-2 (Heavy Industrial District), on Tracts 1 and 2, Lot 1, Park Center Addition, more generally described as 2219 W. Euless Boulevard. Mr. Myron Domick, 2200 Ross Avenue, Dallas, Texas, representing the American Indian Center, addressed the Council. Mr. Domick indicated that the American Indian Center has been operating drug and alcohol treatment centers in the metroplex since 1968. The property in question has been used in the past as a drug and alcohol treatment center by Hams Methodist H-E-B Hospital. It is the intent of the American Indian Center to purchase the property from Harris Methodist H-E-B Hospital and install $700,000 of improvements. There were no further proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 7:25 p.m. ITEM NO. 12: APPROVAL OF SPECIFIC USE PERMIT #94-06-SUP Mayor Pro Tern Baker moved to approve Specific Use Permit #94-06-SUP for an alcohol/drug counseling center in an 1-2 (Heavy Industrial District) on Tracts 1 and 2, Lot 1, Park Center Addition as recommended by the Planning and Zoning Commission. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, and Mayor Pro Tem Baker Nays: None Abstain: Mayor Saleh (Mayor Saleh serves on the Harris Methodist H-E-B Hospital Board) Mayor Saleh declared the motion carried. ITEM NO. 13: APPROVAL OF RESOLUTION NO. 94-863 Ms. Debra Forte', Director of Fiscal and Human Resources, introduced Mr. Ed Esquivel, Bond Counsel, and Mr. Boyd London, Financial Advisor. Mr. London addressed the Council regarding the Euless Development Corporation Sales Tax Revenue bonds. He indicated that the city received an "A" rating from Standard and Poor and Moody's bond rating services. Mr. London COUNCIL MINUTES AUGUST 9, 1994 PAGE 5 stated that the bonds were qualified for municipal bond insurance with major insurance companies Nap. and the city obtained very low premiums. Mr. London recommended approval of the resolution. City Manager Tom Hart explained that the Euless Development Corporation (EDC) had held a meeting prior to the Council meeting and approved the issuance of the Euless Development Corporation Sales Tax Revenue Bonds, which the Council is being asked to ratify by the adoption of Resolution No. 94-863. The Council will be asked to ratify other items approved by the EDC under Agenda Item No. 14. Council Member Douglass moved to approve Resolution No. 94-863, approving all matters incident and related to the issuance and sale of $8,855,000 "Euless Development Corporation Sales Tax Revenue Bonds, Series 1994," August 1, 1994, including financing, approving, and authorizing the execution of a Financing/Use Agreement in relation thereto. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14: APPROVAL OF ACTIONS TAKEN BY THE EULESS DEVELOPMENT CORPORATION NOT RELATING TO RESOLUTION NO. 94-863 NOW City Manager Tom Hart stated that since the Council would be considering the Euless Development Corporation budget during the City Council budget worksession and voting on the City FY1994-95 budget at the next City Council meeting, he asked that Item No. 5 (1994-95 Euless Development Corporation Budget) be pulled from the EDC agenda items to be ratified. Mr. Hart explained that Item No. 7 on the EDC Agenda was the approval of an agreement with Euless Town Center for $150,000 in redevelopment incentives. The incentives would be based on bringing in a minimum of two new anchor stores for the center and increased sales. The $150,000 incentive would be forgiven on an incremental basis based on the sales of the center. Council Member Miller moved to approve the actions taken by the Euless Development Corporation at the meeting held August 9, 1994 at 3:00 p.m. that were not relating to Resolution No. 94-863, with the exception of Item No. 5 (1994-95 Euless Development Corporation Budget.) Council Member Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. COUNCIL MINUTES AUGUST 9, 1994 PAGE 6 r.. ITEM NO. 15: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1148 City Manager Tom Hart explained that the proposed ordinance to amend Chapter 6, "Alcoholic Beverages,"would give the City Council the flexibility to grant a variance for the distance required (300') between a business selling alcoholic beverages and a church, public school or public hospital. Council discussion took place on the concern about liability of granting a variance for one business and not to another. City Attorney Bob McFarland advised that by passing this ordinance, the City Council would merely be conforming with a 1991 statute that allows cities to adopt the 300' provision, and then grant a variance. Mr. McFarland indicated that developers and restaurant owners are generally knowledgeable about the 1991 statute. Mr. McFarland said the Council would be deciding on variances on a case by case review based upon the distance of the variance requested and which type of institution (i.e. school, hospital or church) would be adjacent to the business selling alcoholic beverages. For purposes of determining whether or not to grant a variance, the Council would take into consideration whether the 300' distance requirement would be in the best interest of the public, or may constitute a waste or inefficient use of land or other resources, or might create an undue hardship on an applicant for a license, or the distance requirement would not serve its intended purpose. Council Member Smith moved to approve the first and final reading of Ordinance No. 1148, amending Chapter 6, "Alcoholic Beverages" of the Code of Ordinances to allow variances to distance requirements for establishments selling alcoholic beverages. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith and Miller, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Member Walker Abstain: Council Member Boatright Mayor Saleh declared the motion carried. ITEM NO. 16: APPROVAL OF FIRST READING OF ORDINANCE NO. 1149 Mayor Pro Tern Baker moved to approve the first reading of Ordinance No. 1149, adopting a new agreement with Southwestern Bell Telephone Company with an effective date of October 1, 1994. Council Member Miller seconded the motion. Ayes: Council Members Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Members Douglass, Smith and Boatright N .. Mayor Saleh declared the motion carried. COUNCIL MINUTES AUGUST 9, 1994 PAGE 7 Mayor Saleh noted that the second reading of Ordinance No. 1149 would be considered at the September 13, 1994 Council Meeting. (NOTE: The City Charter requires two readings of this ordinance 30 days apart.) ITEM NO. 17: TABLE RESOLUTION NO. 94-865 Council Member Walker moved to table Resolution No. 94-865, electing to become a member of the class action suit brought by the City of Port Arthur styled City of Port Arthur v. Southwestern Bell Telephone Company, et al. Council Member Smith seconded the motion. Ayes: Council Members Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: Council Member Douglass Mayor Saleh declared the motion carried. ITEM NO. 18: TABLE FIRST AND FINAL READING OF ORDINANCE NO. 1150 Council Member Walker moved to table Ordinance No. 1150, extending current franchise ..uraw agreement with Southwestern Bell Telephone Company. Council Member Smith seconded the motion. Ayes: Council Members Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Member Douglass Mayor Saleh declared the motion carried. ITEM NO. 19: SET DATE FOR PUBLIC HEARING ON 1994-95 BUDGET Council Member Douglass moved to set the date for the Public Hearing on the 1994-95 budget for the August 23, 1994 Council Meeting. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Member Walker Mayor Saleh declared the motion carried. COUNCIL MINUTES AUGUST 9, 1994 PAGE 8 ITEM NO. 10: REMOVE FROM TABLE THE FIRST AND FINAL READING OF ORDINANCE NO. 1146 (ZONING CASE #94-07-ZC) Council Member Douglass moved to remove the first and final reading of Ordinance No. 1146 from the table. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. Mr. Eric Thomes, a representative of the Ashbrook Group, arrived and was asked to address the Council regarding the request for a zoning change of 5.871 acres located on the south side of Harwood Road between Bear Creek Villas and Bear Creek Bend, Phase II . Mr. Thomes stated that the planned development is very similar to Ashbrook Estates on Baze and Glade Road which has been well received in the marketplace. The average price of the homes in the development would be around $125,000. Council discussion took place on problems that might arise as a result of the gated access and `•► private street with regard to quick access by the city's emergency vehicles. Council Member Douglass stated that the city's fire vehicles have opticom transmitters. The city may be requesting developers of gated communities to equip gates with opticom receivers and assess each residence to assist the city in equipping police vehicles with receivers. Mr. Thomes replied that they had intended to equip their gates with opticom transmitters and that he would have no objection to a per residence assessment to provide police vehicles with receivers. Discussion took place on the issue of private streets and Mr. McFarland noted that the City Council and Planning and Zoning Commission would be working together to establish a more definitive policy on private streets and gated communities. Council Member Douglass moved to approve the first and final reading of Ordinance No. 1146 and Zoning Case #94-07 to change the zoning on 5.871 acres out of the Solomon Huitt Survey, A-705, from the present zoning of R-3 and R-4 (Multi-family at 12 and 16 units/acre) to PD (Planned Development - Single-family detached, zero lot line units, private streets) as recommended by the Planning and Zoning Commission, contingent upon: 1) Gates being equipped with opticom receivers. 2) Assessment of $100 from each residence as they are sold, to purchase opticom equipment for city emergency vehicles. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh COUNCIL MINUTES AUGUST 9, 1994 PAGE 9 Nays: Council Member Boatright Mayor Saleh declared the motion carried. ITEM NO. 20: REQUEST FROM MAYOR FOR PUBLIC HEARING TO PRESENT FACTS PERTINENT TO THE CHARGES SPECIFIED IN THE RECALL PETITION Mayor Saleh requested a public hearing to present facts pertinent to the charges specified in the recall petition be held August 17, 1994 at 7:30 p.m. in Midway Recreation Center. ITEM NO. 21: SET DATE FOR PUBLIC HEARING REGARDING RECALL PETITION Council Member Walker moved to set the public hearing at 7:30 p.m. on August 17, 1994, in Midway Recreation Center as requested by Mayor Saleh. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 22: APPROVAL OF RESOLUTION NO. 94-864 Council Member Walker moved to approve Resolution No. 94-864, ordering a recall election for the office of Mayor, for October 8, 1994. Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 23: REPORTS a) City Manager The City Manager had no report. b) City Attorney The City Attorney had no report. c) Staff The scheduled staff report by Mr. Randy Byers regarding water usage and the SCADA System was postponed until the next meeting. Mayor Saleh asked Mr. Byers to explain the changes in COUNCIL MINUTES AUGUST 9, 1994 PAGE 10 water within the city. Mr. Byers stated that he had received complaints recently regarding the ,. texture of the water. He explained this was due to the difference in hard water versus soft water. The city has two sources of water, the Trinity River Authority (TRA) and the city's own water wells. The water furnished by TRA is surface water which tends to be hard water, while the city's well water is soft. City residents receive water which is a mixture of water furnished by TRA and the city's wells, and depending on what part of the city or what time of day it is, the mixture will fluctuate to an extent. The city's water exceeds all state and federal standards for water quality. Three of the city's wells have been down for several months because of various maintenance problems, but are now in operation. This has resulted in more well water being available than has been the case in the last eight months. d) City Council Council Member Walker reported that it is expected that a contract will be completed before the end of the week to move the Fuller house before the August 29 deadline at a cost of approximately $17,000. The Historical Preservation Committee will be holding a brick cleaning party on August 11 from 6-9 p.m. Council Member Smith attended the Trinity River Authority Board meeting on August 3 where it was projected that the cost of pass-through to the cities will increase over the next two years by approximately $.20. Mr. Smith commented that he hoped the Council would be able to work out a budget that would mean a decrease in taxes. Mayor Saleh announced that "Fiddler on the Roof" would begin August 10 through August 13 in the Villages of Bear Creek Amphitheater. Mayor Saleh attended a Texas Department of `�- Transportation meeting earlier in the day where she learned that the widening of SH 183 may be delayed until after the year 2000. Mayor Saleh asked if anyone in the audience would like to speak and received no response. ITEM NO. 24: ADJOURN There being no further business before the Council, Mayor Saleh adjourned the meeting at 8:55 p.m. APPROVE: MPtait4 14)- ary Lib Saleh, Mayor ATTEST: usan Crim, C C, i Secretary