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HomeMy WebLinkAbout1995-02-14 — MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL FEBRUARY 14, 1995 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:05 p.m. on Tuesday, February 14, 1995, 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. A closed session was held to discuss pending/contemplated litigation and land acquisition as authorized by Sections 551.071 and 551.072 of the Texas Government Code. 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 rr. 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; Paul Kruckemeyer, City Engineer; Tom Cox, Director of Administrative Services and Economic Development; Randy Byers, Director of Development and Public Works; Kyle McAdams, Fleet Superintendent; Sid Hyatt, Facilities Supervisor; Michelle Wyman, Community Affairs Administrator; Scott Campbell, Administrative Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Robert McMillon and Billy Owens, Planning and Zoning Commission; Boyce Byers, Economic Development Advisory Board; Charter Commission Members: Jimmy Payton, Chairperson, Neal Adams, Vice Chairperson, Bill Byers, Dwayne Wilcox and Letty Lynn Maloney; Ray Saleh; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Frank Douglass led the Pledge of Allegiance. INVOCATION Council Member Charlie Miller gave the invocation. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 2 ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH Mayor Saleh presented a plaque and gift certificate to Sid Hyatt, Facilities Supervisor, as Employee of the Month for February, 1995. REGULAR AGENDA ITEM NO. 2: RENEWAL AND EXTENSION OF CITY MANAGER CONTRACT Council Member Miller moved to renew and extend City Manager Tom Hart's employment contract through January 31, 1997. Council Member Douglass 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. 3: RENEWAL AND EXTENSION OF CITY SECRETARY CONTRACT Council Member Walker moved to renew and extend City Secretary Susan Crim's employment 'v`" contract through January 31, 1997. Mayor Pro Tem Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatnght, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 4: PUBLIC HEARING FOR SPECIFIC USE PERMIT 94-21-SUP Mayor Saleh opened a public hearing at 7:12 p.m. to hear input on a request from Ottis Lee Ill, P.E. for Specific Use Permit#94-21-SUP, for single-family dwellings on private streets within an R-4 (Multi-Family Dwelling District, 16 units/acre), for Block 4, Lakewood Addition (located east of North Industrial Boulevard and on the north side of West Ash Lane). Randy Byers, Director of Public Works and Development, stated that this request was heard by the Planning and Zoning Commission on January 17, 1995. The Planning and Zoning Commission recommended approval of the specific use permit with conditions that have since been addressed by the developer. The site plan will come before the City Council for approval at a later date. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 3 Nu. Mr. Jack Emmons, 400 E. Ash Lane, stated that he was for the development planned by Mr. Lee, however, he suggested that the Police Department patrol E. Ash Lane between Main and SH 360. Mr. Ottis Lee, Huitt-Zollars, Inc., representing Sandlin Homes, stated the development would consist of approximately 26 lots on 10.5 acres, with private streets built to city standards. Mayor Saleh closed the public hearing at 7:20 p.m. ITEM NO. 5: APPROVAL OF SPECIFIC USE PERMIT 94-21-SUP Council Member Miller expressed concerns that since this is a gated community with private streets, access at the north end of Stephen Drive to the approximately 5 acres of undeveloped land would be restricted. Mr. Byers stated that Mr. Sandlin wrote a letter to the owner of the adjacent property agreeing to provide access onto Stephen Street at the north side of the cul-de- sac if that property were to be developed. Mr. Lee indicated that Mr. Sandlin's intent in his letter was to provide access to the property to the north only if the property were to be developed into single family and same density as in this proposed development and at the expense of whoever developed the 5 acres to the north. This agreement would be written into the deed restrictions, or the homeowners association governance, to allow the possibility of access. Council Member Walker asked that the masonry fence be extended at the east side of the entrance gate and south to the property line at the back of the sight line. Mr. Lee agreed. Discussion also took place on extending the masonry fence to the north end of Lot 9. Mr. Lee 'vas, also agreed to this. Mayor Pro Tem Baker commented that the lots are larger than those which have recently been subdivided and asked if the minimum square footage of the homes could be increased from 1500 sq. ft. to at least 1800 sq. ft. Mr. Lee agreed to the increase in square footage. Mr. Baker expressed concern that there was no landscaping shown on Ash Lane along the fence. Mr. Lee stated that he simply complied with ordinances regarding fencing and landscaping which did not require landscaping along the masonry fence on Ash Lane. Mr. Hennig noted that most developments had included a landscape package in the right-of-way area and staff would recommend it for this development. Mr. Mike Sandlin, Sandlin Homes, indicated that he was concerned about putting in an attractive masonry fence and then being asked to cover it with landscaping. Mr. Sandlin agreed that perhaps low shrubs rather than trees could be planted that would allow the fence to be seen to full advantage. Discussion took place on the hike and bike trail shown on the development plan. Mr. Sandlin stated that staff instructed him to designate a hike and bike trail in the park dedication, however, he would not be responsible for putting in the trail. Council Member Smith expressed concerns about the wooden fencing and screening that extends the entire length of the park area. Mr. Sandlin replied that he would rather put in a wrought iron fence except staff had indicated that city ordinances do not allow wrought iron as an appropriate screening for a swimming pool. Therefore, if a homeowner wished to build a pool, they would have to request a variance to build an appropriate screening fence for their pool. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 4 v.. Council Member Walker asked Mr. Sandlin if he planned to clean up the property which he is dedicating as park property. Mr. Sandlin indicated he was planning to spend money on channel improvements in the park area while leaving the park area as natural as possible. Mr. Walker stated that if he were a prospective buyer in this development, he would want a wrought iron fence with a gate so that he could access the park and hike and bike trail from his backyard. Mr. Walker asked City Engineer Paul Kruckemeyer if a final plan showing all the drainage improvements to the park area would be submitted to Council for approval. Mr. Kruckemeyer said this item could be made part of the land plan which must come back before the Council for approval. Further discussion took place on wrought iron versus wood fences adjacent to the park area. Planning and Zoning Commissioner Robert McMillon stated that there had been much discussion at the Planning and Zoning Commission meeting regarding what would happen if a homeowner wished to install a swimming pool when city ordinances do not allow a wrought iron fence as screening for a pool. City Attorney McFarland asked City Engineer Paul Kruckemeyer if he was aware of a legislative proposal that included a definition of a screening fence suitable for pool enclosure which included wrought iron but had specifications relative to height and size of opening. Mr. Kruckemeyer replied that he thought this was true. Mr. McFarland asked Mr. Kruckemeyer if it was true that City ordinances did not allow a wrought iron irrespective of design and specifications. Mr. Kruckemeyer stated they did not. Mr. McFarland advised Council they may wish to consider a modification of the ordinance relative to pool screening enclosures. Council Member Walker inquired about the liability exposure to the City if wrought iron fences were allowed as a screening fence around a pool. Mr. McFarland stated that he could not see any liability on the part of the city for unlawful trespass and entry. Further, if the screening prevents access (proper spacing between bars; locking devices on gates, etc.) the City would not be liable. Planning and Zoning Commissioner Billy Owens stated that there was not a great deal of discussion of the type of fence to be erected at the east edge of the development, but more importantly that there was some type of demarcation between the development and the park area. Mr. McFarland advised that the Council could, at this point, require the type of fencing be consistent along the entire length of the east side of the development. Council Member Smith indicated that if there was going to be a wrought iron fence, it should extend along the east side of Stephen Drive to Lot 26 and to the northern boundary of the development. Mayor Pro Tern Baker asked what the estimated cost would be to construct the hike and bike trail. Mr. Sandlin replied that it would depend on how wide the trail was built. Mr. Kruckemeyer stated that the Parks Department recommended either 8 feet or 12 feet, depending on which width would be required for federal grants. The Trails of Euless will be 8 feet to allow a patrol car to travel on it. Mr. Sandlin said his cost is about $10 a linear foot and there would be approximately 1500 linear feet, or $15,000. Mr. Baker asked Mr. Sandlin if he would be willing to pay half of the cost of the trail since it would enhance the value of his property. Mr. Sandlin said he would not commit to that expense at this time. Mr. McFarland commented that he and Public Works Director Randy Byers had just looked at specific code provisions which require the wood screening fence for pool enclosures and it provides for an "approved equal" as an alternate to the wood fencing and allows the Building Official to determine what an "approved equal" would be and goes on to state suitable materials which include wrought iron. Mr. Sandlin can work with Mr. Byers to come up with what would constitute an equal to the wood screening fence, i.e. wrought iron with sufficiently small enclosures to meet state requirements, and Mr. Sandlin could include that in his final land plan. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 5 'n.. Council Member Smith asked that if the extension of this development to the north did not work out, would that property have access to Hwy. 157 on the west and/or Mid-Cities Blvd. on the north. Mr. Kruckemeyer replied that it does have access to Hwy. 157 with the possibility of access into the Trail Lake Subdivision. Council Member Walker moved to approve Specific Use Permit #94-21-SUP, for single-family dwellings on private streets within an R-4 (Multi-Family Dwelling District, 16 units/acre), for Block 4, Lakewood Addition (located east of North Industrial Boulevard and on the north side of West Ash Lane) with the understanding that the final site plan will address the following issues: 1. Drainage channel 2. Clean up of park area 3. Negotiation of hike and bike trail 4. Masonry fencing down to the north end of lot 9; and on the east end up to sight line past trail 5. Landscaping 6. 1800 sq. ft. minimum living floor area 7. Agreement on property to the north (deed restrictions on the plat) 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. ITEM NO. 6 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1166 Mayor Saleh thanked the members of the Charter Review Committee for their many hours of diligent work during the past few months. Members of the Charter Review Committee include: Jimmy Payton, Chairperson; Neal Adams, Vice Chairperson; Harold Samuels, Ron Shields, Bill Pasteur, Bill Byers, Dwayne Wilcox; Bonnie O'Brien, Bob Pippin; Lefty Lynn Maloney; Billy Owens; and Andy Chesney. Mayor Saleh presented certificates of appreciation to those members of the Charter Review Committee who were able to be present at the meeting. Certificates will be mailed to those members not present. Mr. Jimmy Payton, Chairperson, Charter Review Committee, complimented City Secretary Susan Crim for her excellent assistance to the committee and for her professionalism. Mr. Payton offered the committee assistance to work for the passage of the recommended charter revisions. Council Member Walker moved to approve the first and final reading of Ordinance No. 1166, calling a general election for city officers and a special election on proposed charter amendments for May 6, 1995. Council Member Smith seconded the motion. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 6 �... Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. City Secretary Susan Crim pointed out that there would be early voting on one Saturday (April 22) prior to the May 6, 1995 election. ITEM NO. 7: APPROVAL OF RESOLUTION NO. 95-884 Mayor Pro Tern Baker moved to approve Resolution No. 95-884, authorizing a joint election with Hurst-Euless-Bedford ISD on May 6, 1995. 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. 't"' Council Member Smith left the meeting at 8:40 p.m. ITEM NO. 8: APPROVAL OF RESOLUTION NO. 95-885 Council Member Miller moved to approve Resolution No. 95-885, supporting application for state funding of the Northeast Gang Task Force diversion program. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Douglass, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9: APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 24, 1995 AND SPECIAL CALLED MEETING OF JANUARY 31, 1995 Mayor Pro Tern Baker moved to approve the Minutes of Regular Meeting of January 24, 1995 and Special Called Meeting of January 31, 1995, as presented. Council Member Douglass seconded the motion. Ayes: Council Members Douglass, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 7 `ow Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10: REPORTS a) City Manager City Manager Tom Hart reported there had been a dramatic upward trend in municipal court revenue since the Court of Record had been implemented. Jail activity has also increased partially due to the housing of prisoners for the Immigration and Naturalization Service. Mr. Hart also reported a sales tax increase of 24% for the past month; 17% for the year. Hotel/motel tax revenues have also increased. b) City Attorney City Attorney Bob McFarland had nothing to report. c) Staff Police Chief Gary McKamie reported on the grants received by the city as a result of the Crime Bill. The city received $150,000 over three years through the Cops Fast grant. He will be applying for a Cops More grant to pay for civilian positions to allow more police officers for the field. Part of the Cops More grant would enable the department to purchase lap top computers NOW for police vehicles to allow direct data entry. Another provision of the grant would pay for overtime to allow time to train officers. Chief McKamie reported that the department will establish a citizen police academy with the first training session to be held this spring. Training will include current legal issues, self defense, police organization and optional firearms training. There will be no charge for the academy and will be by invitation only with volunteer instructors. It is hoped that the program will promote community awareness with relatively no cost to the city. The Police Department will also be implementing a police athletic league for underprivileged youth. Community Services Director Rick Herold has offered funds from the Arbor Daze Golf Tournament to fund the program. Chief McKamie reported that City Manager Tom Hart has asked that a facilities master plan be prepared for the police department detailing future building needs. Since the opening of the building in 1978, the public safety dispatch function has been moved to the police building, a kitchen and laundry facility have been added as well as an increase in the number of personnel. Also, long-term evidence which had been stored at one of the demolished houses on Shepherd Street made it necessary to move the stored evidence boxes back to the police building. These factors combined have created the need for expansion of the present building. The current expansion of the building will add approximately 850 sq. ft. Director of Administrative Services Tom Cox detailed the renovation and expansion to the police building which will be completed by city staff. COUNCIL MINUTES FEBRUARY 14, 1995 PAGE 8 `u„ d) City Council Council Member Douglass thanked the Charter Review Committee for their excellent work. Mr. Douglass thanked Chief McKamie for his reports and congratulated Sid Hyatt as Employee of the Month and Becky Null for her certification through the Texas Municipal Clerks Association certification program. Mr. Douglass welcomed Karen Auge from the Fort Worth Star Telegram. Mayor Mary Lib Saleh congratulated Becky Null on her recent certification and thanked Public Works Superintendent Clyde Cullum who attends each Council Meeting in his capacity as reserve police officer. Council Member Miller attended the Parks and Leisure Services appreciation dinner and commented that it was very well done. Mayor Saleh reminded Council Members of the capital improvement worksession on Saturday, February 18 at 8:00 a.m. Mr. Hennig also noted that the city will be presenting their zoning case on the golf course property at the City of Fort Worth Zoning Commission meeting at 10:00 a.m. on Wednesday, February 15. Mayor Saleh reported that from 10:00 a.m. to 5:00 p.m. on Saturday, February 18 at L. D. Bell High School, the Chamber will be holding the fourth annual "BUY HEB AREA" Showcase. ITEM NO. 11: ADJOURN Mayor Saleh asked if there were any citizens who wished to address the Council and hearing none, adjourned the meeting at 9:20 p.m. APPROVED: /4,,tt Mary Lib Saleh, Mayor ATTEST: usan Crim CMC, City Secretary MINUTES\2-14-95.MIN