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Home My WebLink About1995-06-13 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL JUNE 13, 1995 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, June 13, 1995, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Frank Douglass, Todd Smith, Charles Miller, Glenn Walker and Council Member-Elect Carl Tyson. Council Member Henry Boatright was absent. Precouncil discussion was held on agenda items and other scheduled items. A closed session was held to discuss pending litigation, land acquisition and personnel matters as authorized by Sections 551.071, 551.072 and 551.074 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 NNW Wieneskie, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Lee Koontz, Fire Chief; Tom Cox, Director of Administrative Services/Economic Development; Rick Herold, Director of Community Services; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Andrea Baxter, Assistant City Engineer; Don Dacus, Project Engineer; Don Wilson, Assistant Fire Chief; Mike Logan, Fire Marshall; Lt. Franchot Thomas, Fire Department; Battalion Chief Scott Parsley, Fire Department; Battalion Chief Jack Watson, Fire Department; Lt. Jerry Shiflet, Fire Department; Lt. John O'Brien, Fire Department; Michelle Wyman, Community Affairs Administrator; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Billy Owens and George Zahn, Planning and Zoning Commission; Jack Hill, Zoning Board of Adjustment; Gaynel Tyson; Inez Miser; Kathy Haecker, Teen Court; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Charlie Miller noted that Flag Day would be celebrated on June 14, 1995, and gave a brief history of the flag and then led the Pledge of Allegiance. INVOCATION Mayor Mary Lib Saleh gave the invocation. ti.► COUNCIL MINUTES JUNE 13, 1995 PAGE 2 ITEM NO. 1: PRESENTATION OF PROCLAMATION Mayor Saleh read a proclamation in honor of Flag Day, June 14, and urged citizens to join in reciting the Pledge of Allegiance on that date for the Sixteenth Annual PAUSE FOR THE PLEDGE OF ALLEGIANCE. ITEM NO. 2: APPROVAL OF MINUTES Council Member Miller moved to approve the Minutes of the May 23, 1995 Regular Meeting and the June 9, 1995 Special Called Meeting as presented. Council Member Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Walker, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 3: REMOVE RESOLUTION NO. 95-897 FROM THE TABLE Council Member Walker moved to remove from the table Resolution No. 95-897, in support of — maintaining Naval Air Station Fort Worth Joint Reserve Base. The motion died for lack of a second. ITEM NO. 4: CONSIDER APPROVAL OF RESOLUTION NO. 95-897 Resolution No. 95-897, in support of maintaining Naval Air Station Fort Worth Joint Reserve Base, remained tabled. ITEM NO. 5: PRESENTATION OF PLAQUE TO COUNCIL MEMBER FRANK DOUGLASS Mayor Saleh presented a plaque to Council Member Frank Douglass in appreciation of his years of service on the City Council. Mr. Douglass served on the Council from 1964-1972 and 1989- 1995, and was Mayor Pro Tem from 1968-1972. ITEM NO. 6: OATH OF OFFICE City Attorney Paul Wieneskie administered the Oath of Office to Carl Tyson, who won the June 3, 1995 Runoff Election for Council Member, Place One. Mayor Saleh presented Council Member Tyson with a Certificate of Election. At this time Council Member Douglass stepped down and Council Member Tyson took his place r,r,,, at the Council table. Council Member Tyson introduced his wife, Gaynel Tyson, and his mother- in-law, Inez Miser. COUNCIL MINUTES JUNE 13, 1995 PAGE 3 ITEM NO. 7: SELECTION OF MAYOR PRO TEM Council Member Miller moved to nominate Council Member Bobby Baker as Mayor Pro Tern. Council Member Smith seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. Mayor Pro Tern Baker thanked the Mayor and fellow Council Members for the confidence they placed in him and promised to fulfill the duties of Mayor Pro Tern to the best of his ability. ITEM NO. 8: PRESENTATION OF EMPLOYEE OF THE MONTH Mayor Saleh presented a plaque and gift certificate to Battalion Chief Jack Watson, Fire Department, as Employee of the Month for June. ITEM NO. 9: PRESENTATION OF EMPLOYEE SERVICE PINS Mayor Saleh presented a 20-year service pin to Lt. Jerry Shiflet, Fire Department, and a 15-year service pin to Lt. John O'Brien, Fire Department. Lt. O'Brien introduced his wife, Kathy O'Brien. ITEM NO. 10: DENIAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1178 Alison Repass, Operations Director, Community Enrichment Center, addressed the Council regarding the Center's request for exemption of taxes of 1995 ad valorem taxes on five properties in the City of Euless used in the Adopt A Family Partnership transitional housing program. Ms. Repass thanked the Council for their support last year and stated that because of this support and the support of area churches, banks, civic organizations, etc., 675 homeless individuals in 178 families were assisted by the Community Enrichment Center in 1994. Council discussion took place regarding the fact that many of the homes were higher priced homes than many families in the city could afford. Some concerns were also expressed regarding placing an additional burden on city residents who are themselves working very hard to maintain homes that are more modest than the homes that are part of this program. Council Member Smith moved to deny the first and final reading of Ordinance No. 1178, exempting from 1995 ad valorem taxes residential property owned by the United States and used to provide transitional housing for the indigent under a program operated or directed by the United States Department of Housing and Urban Development. Mayor Pro Tern Baker seconded the motion. COUNCIL MINUTES JUNE 13, 1995 PAGE 4 Now Ayes: Council Members Tyson, Smith, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Members Miller and Walker Mayor Saleh declared the motion carried. ITEM NO. 11: PUBLIC HEARING FOR SPECIFIC USE PERMIT #95-09-SUP Mayor Saleh opened a public hearing at 7:37 p.m. to hear public input on a request of Galen Anderson for a Specific Use Permit for new and used auto/truck sales within a C-2 (Community Business District) on Lots 20 and 21R, Block 13, Bell Ranch Terrace Addition (412 S. Industrial Boulevard). Randy Byers, Director of Development and Public Works, described the location of the property. Mr. Byers noted that the Planning and Zoning Commission recommended approval of the Specific Use Permit. Mr. Art Phillips, 2001 W. Airport Fnny., Irving, Texas, addressed the Council and noted that the applicant, Mr. Galen Anderson, could not be present, but the owner of the property, Mr. Wayne Jetton, was present. There were no proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 7:40 p.m. '400, ITEM NO. 12: DENIAL OF SPECIFIC USE PERMIT #95-09-SUP Mayor Pro Tem Baker asked how many vehicles would be on display at any one time. Mr. Phillips replied that there were spaces for 16 vehicles and the remainder of the parking places (8) would be for customers and employees. The display vehicles can be seen from Highway 157 but the employee and customer parking cannot. Mayor Pro Tern Baker asked if the owner would be financing the cars himself. Mr. Phillips replied there would be some financing at the lot, but it is his understanding the majority of financing is done through a bank. Mayor Saleh asked about landscaping improvements. Mr. Phillips stated there would be minimal landscaping because landscaping is already there. Mayor Saleh noted that the city had been making efforts to revitalize this area with the Town Center and Home Depot, and it was somewhat frightening to put in a used car lot when they don't always present a most attractive appearance. Council Member Walker moved to approve Specific Use Permit #95-09-SUP for new and used auto/truck sales within a C-2 (Community Business District) on Lots 20 and 21R, Block 13, Bell Ranch Terrace Addition (412 S. Industrial Boulevard) as approved by the Planning and Zoning Commission (no major repair work to be done on the premises). Council Member Tyson seconded the motion. Council Member Smith asked the extent of the Council's discretion on granting or denying this specific use permit. City Attorney Wieneskie replied that in any zoning matter in which a change r.. of zoning is requested, Council must determine what is the highest and best use for the property, taking into account all the factors that are relevant to that determination and the constraints of that particular zoning district. COUNCIL MINUTES JUNE 13, 1995 PAGE 5 Mr. Phillips stated that the property had been for sale for approximately nine months and this was the only interest in this property. Council Member Tyson agreed that this was a very difficult piece of property because of the elevation, the ingress and egress and it will be a problem to get any type of business in this location. Council Member Smith suggested a time limit on the specific use permit. Mr. Phillips said that he didn't know if a time limit would be acceptable to Mr. Anderson. Council Member Smith asked if there would be a problem with tabling the permit until Mr. Anderson had time to consider the possibility. Mr. Phillips replied that there would be a problem because there is a note due. Director of Development Randy Byers said that he did not remember an instance when the Council put a time limit on a specific use permit when the property was purchased, rather than being leased. Ayes: Council Member Tyson and Walker Nays: Council Member Smith and Miller, Mayor Pro Tem Baker and Mayor Saleh Mayor Saleh declared that the motion was denied. Council Member Smith moved to approve Specific Use Permit #95-09-SUP for new and used auto/truck sales within a C-2 (Community Business District) on Lots 20 and 21R, Block 13, Bell Ranch Terrace Addition (412 S. Industrial Boulevard) as approved by the Planning and Zoning `.. Commission (no major repair work to be done on the premises) for a four-year time limit and only for as long as Mr. Anderson owns the property and operates the business for which the permit is requested. Council Member Tyson seconded the motion. Mr. Phillips asked if the property could be used for a church at this time if the specific use permit is denied. City Attorney Paul Weneskie asked Mr. Jetton if he had a specific use permit for the church or if the church was established prior to the time the specific use permit was required. Mr. Byers indicated the church was established before the requirements for a specific use permit were adopted. Mr. Weneskie stated he thought the property could be used for whatever use has currently been permitted on the property. Ayes: Council Member Tyson Nays: Council Members Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Mayor Saleh declared the motion was denied. ITEM NO. 13: PUBLIC HEARING FOR SPECIFIC USE PERMIT #95-10-SUP Mayor Saleh opened a public hearing at 8:21 p.m. to hear input on a request from Mr. Richard Hendrix on behalf of the congregation of Jehovah's Witnesses, for a specific use permit to allow ',,,,,, a church within the C-1 (Neighborhood Business) zoning district. COUNCIL MINUTES JUNE 13, 1995 PAGE 6 `'oe► Mr. Bitjonck, 1108 Chesapeake, Euless, Texas, represented the congregation of Jehovah's Witnesses. Mr. Bitjonck stated that the members of the congregation were all in favor of the specific use permit, but since it is a meeting night, they could not all be present. There were no further proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 8:23 p.m. ITEM NO. 14: APPROVAL OF SPECIFIC USE PERMIT #95-10-SUP Mr. Richard Hendrix, applicant and planner for the Congregation of Jehova's Witnesses, addressed the Council and pointed out that the northeast corner of this property is in the flood plain. The flood plain also cuts in half the usable property to the north of the property in question. Mr. Hendrix said that the owner of the property to the east (also in the flood plain) is trying to fill in and build up the property so they can sell it to be developed. City Engineer Paul Kruckemeyer stated he would like to clarify a few points that Mr. Hendrix had made. Mr. Kruckemeyer said the land in the northeast corner of this property and also the property immediately to the north could be developed, but due to the location of the channel, it would be extremely expensive. Mr. Kruckemeyer stated that the property to the east is being filled in illegally and the city is trying to reach the owner. Discussion took place on the future paving of Westpark Way. Mr. Hendrix stated he understood from what city staff had said that the widening would not take place in front of the church's property, but would be widened and paved further south. Mr. Kruckemeyer stated he did not think there would be widening of Westpark Way that would affect this property, but the proposed r"" straightening of Westpark Way, could have some impact on the curb line of this property. Mayor Saleh pointed out that at the other end of Westpark Way, the City of Bedford is building a huge multi-family complex, which might result in a major increase of traffic on this road. Discussion took place on how much additional right-of-way would be required if an additional lane were to be built in front of this property. City Engineer Paul Kruckemeyer replied that 10' from each side would be required. Council Member Miller stated he would prefer replacing the wood privacy fence with a brick fence since it would be consistent with the Westpark Nursing Center brick fence. Mr. Hendrix replied that would not be a problem. Mayor Pro Tern Baker moved to approve Specific Use Permit #95-10-SUP for construction of a church at 2300 Parkview, (Parkview Addition, Block 1, Lot 3) within the C-1 (Neighborhood Business) zoning district on 1.18 acres on the northwest corner of Westpark Way and Parkview Drive, as recommended by the Planning and Zoning Commission with the following stipulations: 1. an additional 10' of right-of-way on the east boundary along Westpark Way, with the subsequent shifting of the building to meet the approval of the City Engineer. 2. substitute a brick fence for the wood privacy fence on the west side of the property; any future fence on the north side of the property will be a brick fence to match the fence on the west side. r, Council Member Miller seconded the motion. COUNCIL MINUTES JUNE 13, 1995 PAGE 7 New Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15: APPROVAL OF SITE PLAN #95-11-SP - PARKVIEW ADDITION Mayor Pro Tern Baker moved to approve the request of Richard A. Hendrix on behalf of the congregation of Jehova's Witnesses for Site Plan #95-11-SP for construction of a church on the northwest corner of Westpark Way and Parkview Drive with the same stipulations as placed on Specific Use Permit#95-10-SUP. Council Member Miller seconded the motion. Ayes: Council Members Tyson, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. (NOTE: Council Member Smith was out of the Chambers when the vote was taken.) ITEM NO. 16: APPROVAL OF VARIANCE TO SELL ALCOHOL - 501 N. MAIN, #103 Council Member Tyson asked if the request is granted, will the restaurant be required to have 51% food and 49% alcohol. City Attorney Wieneskie replied that they would and that the ordinance would be enforced. Mayor Pro Tern Baker moved to approve a request of Mr. Perfecto Lopez, owner of Escondido Restaurant, 501 N. Main, #103, to sell alcoholic beverages. Council Member Smith seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 17: APPOINTMENT TO PLANNING AND ZONING COMMISSION The appointment of a member to the Planning and Zoning Commission to Place 6 was postponed until the June 27, 1995 meeting. COUNCIL MINUTES JUNE 13, 1995 PAGE 8 "�► ITEM NO. 18: APPOINTMENT OF ALTERNATE JUDGE TO MUNICIPAL COURT OF RECORD Council Member Smith moved to appoint Timothy Murphy as Alternate Judge to the Municipal Court of Record to replace former Alternate Judge Carter Hampton. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19: APPROVAL OF RESOLUTION NO. 95-899 Mayor Saleh noted that a portion of the Sulphur Branch Channel improvement project included a concrete stilling basin in Hurst's Rickel Park. Since the park land was purchased with Texas Parks and Wildlife Department grant funds, the property must be replaced with property of equivalent usefulness and location as required by the stipulations of the grant. Mayor Pro Tem Baker moved to approve Resolution No. 95-899, authorizing the Mayor to execute a special warranty deed for the conveyance of replacement park land property to the City of Hurst N" (Parcels I and II out of the A.B. Howerton Survey, Abstract No. 677, the H. Hurst Survey, Abstract No. 657 and the J.W. Haynes Survey, Abstract No. 770, Tarrant County, Texas). Council Member Smith seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 20: APPROVAL OF RESOLUTION NO. 95-900 Council Member Smith moved to approve Resolution No. 95-900, authorizing the City Manager to execute a contract for engineering services with Schrickel Rollins and Associates, Inc. in the amount of $90,900 for the design of the Trails of Euless, Phase I. Mayor Pro Tem Baker seconded the motion. COUNCIL MINUTES JUNE 13, 1995 PAGE 9 �•► Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. Assistant City Engineer Andrea Baxter stated that the city would be reimbursed by the State at 79% of the cost of engineering services. Ms. Baxter said that she expected construction to begin in the next year to 18 months. The trails will start at Bob Eden Park and head east along Little Bear Creek, under North Main Street and continue along the north side of Little Bear Creek, continue under Fuller-Wiser and into the Villages of Bear Creek Park. ITEM NO. 21: APPROVAL OF RESOLUTION NO. 95-901 Mayor Pro Tern Baker moved to approve Resolution No. 95-901, declaring expectation to reimburse capital expenditures for the construction of street and drainage improvements with proceeds of future debt, with a maximum amount of obligations to be issued for the projects of $6,000,000. Council Member Miller seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nomy Nays: None Mayor Saleh declared the motion carried. ITEM NO. 22: APPROVAL OF BID NO. 95-06 Council Member Walker moved to award Bid No. 95-06 to Professional Ambulance & Nichols Ford for remount of one ambulance module box and to supply a cab and chassis for the remounting for a total amount of $40,390. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. IITEM NO. 23: APPROVAL OF BID NO. 95-07 Mayor Pro Tern Baker moved to award Bid No. 95-07 to BFI Services for rental and service of portable toilets for use in parks where no restrooms are available. COUNCIL MINUTES JUNE 13, 1995 PAGE 10 Council Member Smith seconded the motion. Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 24: REPORTS a) City Manager Assistant City Manager Joe Hennig expressed appreciation to Frank Douglass for his years of dedication to the city. Mr. Hennig reported that newly elected Council Member Carl Tyson was given a two-day orientation to brief him on items that may come before him and to provide an update on the current progress of major projects. Mr. Hennig noted that the budget process has begun and the first run of the budget has been completed. A Council Worksession will be held Monday, June 26, at 5:00 p.m. to hear Directors' comments on their most pressing budget needs. If time allows, a discussion will also be held on water, sewer and drainage capital improvement needs. b) City Attorney Nor' City Attorney Paul Wieneskie had nothing to report. c) Staff There was no staff report given. d) City Council Council Member Glenn Walker reported that he participated in a survey the Community Advisory Board was conducting and the results of the survey indicate that the Police, Fire and Recreation Departments and the Library received either "good" or "excellent" ratings from the respondents of the survey. Council Member Tyson thanked Frank Douglass for the time he devoted to the city in his position as Council Member. Mr. Tyson thanked the staff for the orientation they provided and stated he was doing his best to catch up on the issues at hand. Council Member Miller attended the "beep" baseball tournament for blind baseball players held at the Villages of Bear Creek Park. Mr. Miller said he appreciated the enthusiasm and skill of those involved and realized more fully the importance of recreation to all people. Mayor Pro Tern Baker said that he enjoyed serving on the Council with Frank Douglass and that he looks forward to serving with Council Member Carl Tyson. Mr. Baker thanked the Council for �,,,,,, appointing him Mayor Pro Tem and for their confidence in him. COUNCIL MINUTES JUNE 13, 1995 PAGE 11 �► Council Member Smith congratulated Carl Tyson on his recent election to the Council. Mr. Smith recognized Leon Hogg and Carl Tyson for the positive campaign they ran in the recent city officer election and runoff election. Mayor Saleh reported that she attended the Meadows Foundation awards luncheon where three Euless schools were awarded grants: Trinity High School, KEYS Learning Center and the Tree Top School. Mayor Saleh asked if anyone in the audience wished to address the Council. No one indicated they wished to speak. ITEM NO. 25: ADJOURN Mayor Saleh adjourned the meeting at 9:35 p.m. APPROVED: Mary Lib 't•leh, Mayor ATTEST: �!/�!�/ wit can Crim, C, City Secretary wpwin tm i n ute s\6-13-95.m i n