HomeMy WebLinkAbout1995-06-27 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
'taw JUNE 27, 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 27, 1995, in the downstairs Administration Building Conference
Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Bobby Baker and Council
Members Carl Tyson, 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 land acquisition and personnel matters as authorized by Sections 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
Tom Hart, City Manager; Bob McFarland, City Attorney; Joe Hennig, Assistant City Manager;
Susan Crim, City Secretary; Randy Byers, Director of Development and Public Works; Tom Cox,
Director of Administrative Services/Economic Development; Rick Herold, Director of Community
Services; Lee Koontz, Fire Chief; Paul Kruckemeyer, City Engineer; Gary McKamie, Police Chief;
't.. Diana Ortiz, Director of Finance; Janina Haylet,Accountant; Clyde Cullum, Reserve Police Officer;
Margarita Valladares, Police Dispatcher; Corporal Marco Valladares, Police; Karla Cunningham,
City Secretary's Office Clerk; Michelle Wyman, Community Affairs Administrator; Scott Campbell,
Administrative Assistant.
Visitors
Elsie Boatright; Sue Boatright; Billy Owens and George Zahn, Planning and Zoning Commission;
Wes Scott, Chairman, Library Board; Leon Hogg, Chairman, Parks & Leisure Services; Andy
Chesney, Charter Review Committee and other visitors as noted on the Visitor's Register.
PLEDGE OF ALLEGIANCE
Mayor Mary Lib Saleh led the Pledge of Allegiance.
INVOCATION
Council Member Carl Tyson gave the invocation.
ITEM NO. 1: PRESENTATION OF EMPLOYEE SERVICE PIN
Mayor Saleh presented Margarita Valladares, Police Dispatcher, with a 15-year service pin.
COUNCIL MINUTES JUNE 27, 1995 PAGE 2
Noir ITEM NO. 2: PUBLIC HEARING - SPECIFIC USE PERMIT #95-12-SUP
Mayor Saleh opened a public hearing at 7:06 p.m. to hear public input on the request of James
C. Hobbs for a Specific Use Permit for a 75' private radio antenna within an R-1 (Single-Family
Detached District) for Lot 3, Block 1, Timberline Estates; described as 612 Live Oak Drive.
Randy Byers, Director of Development and Public Works, reviewed the proposed amendments.
Mayor Saleh asked if there were any proponents to the request.
Mr. Jim Hobbs, 612 Live Oak Drive, the applicant for the specific use permit, addressed the
Council Members requesting permission to allow his 75' radio antenna to remain in place at his
home. He stated he had inquired of the previous owner if such an antenna would be allowed and
he checked the deed restrictions for possible prohibition of it. He said he did not think about
checking with the City and proceeded to put up the antenna, acting in good faith.
An additional proponent to the request was Bobby Black, 610 Live Oak Drive, the next door
neighbor to Mr. Hobbs. He stated that he felt the tower would be best suited at its present height
rather than at 35' which the law requires. He further stated that he felt the neighborhood would
experience interference on their televisions and other appliances if the tower is lowered.
Mayor Saleh asked if there were any opponents to the request.
Mr. Bob Yosten, 702 Live Oak Drive presented 28 letters in opposition to the tower from
neighbors including some from the Wilshire Neighborhood Association. He felt Mr. Hobbs should
have to comply with the present Code requirements.
Mr. Wes Scott, 1802 Toplea, Vice-President of the Wilshire Neighborhood Association, stated that
he felt the tower was too tall, was unsafe and that the applicant should have to comply with the
present City Code.
Hearing no other opponents or proponents Mayor Saleh closed the public hearing at 7:25 p.m.
ITEM NO. 3: DISAPPROVAL OF SPECIFIC USE PERMIT #95-12-SUP
Councilman Tyson said he felt the current Unified Development Code was not written to prohibit
antennas of this height, but to require that a permit be obtained.
Councilman Miller asked the opponents who were present if they felt the antenna at 35' would
be preferable to the current one at 75'. Several persons expressed a desire to not have the tower
at any height. Councilman Miller stated that he was not in agreement with a tower of 75'.
Mayor Pro Tem Baker pointed out that people often are not aware of City codes and do not know
they should obtain a type of permit. He stated in accordance with State law, persons within 200'
of the applicant's address were notified of the public hearing tonight and he appreciatd the
comments from the Wilshire Neighborhood Association, but the consideration should be given to
those persons within the 200' radius. He felt the private radio might be useful in case of
emergency and that he did not have a problem with the 75' antenna.
Mayor Saleh stated the City is encouraging neighborhood associations to improve the looks of
the community and that she would not want a 75' antenna in her neighborhood.
COUNCIL MINUTES JUNE 27, 1995 PAGE 3
Now
Councilman Smith said the decision made by the Council should consider if there exists
circumstances that justify an antenna exceeding the ordinance limitations, and he did not feel that
large trees interfering with reception was adequate reason. He asked Mr. Hobbs if he had
support from neighbors other than his two next door neighbors. Mr. Hobbs stated that he had a
few others call him in support. Councilman Miller commented that neighbors two houses away
on either side were not in favor of the antenna. Mayor Saleh pointed out that 28 persons had
signed letters against the request.
Mayor Pro Tern Baker moved to approve the Specific Use Permit #95-12-SUP, 75' private radio
antenna, within the R-1 zoning district located at 612 Live Oak Drive.
Council Member Tyson seconded the motion.
Ayes: Council Members Tyson, Boatright, and Mayor Pro Tern Baker.
Nays: Council Members Smith, Miller, Walker, and Mayor Saleh.
Mayor Saleh declared the motion failed.
Mr. Hobbs inquired as to how much time he would have in which to take the antenna down. City
Manager Tom Hart replied that he would have 30 days.
ITEM NO. 4: PUBLIC HEARING - SPECIFIC USE PERMIT #95-13-SUP
fir.
Mayor Saleh opened a public hearing at 7:52 p.m. to hear the request of R.M. (Bud) Taylor for
a Specific Use Permit for a self-storage facility within a C-2 and I-1 (Community Business and
Light Industrial) zoning district for tract 4B1 B, A.M. Downen Survey, A-415, on the south side of
the 1100 block of W. Euless Blvd.
Randy Byers, Director of Development and Public Works, reviewed the proposed facility and
stated that the Planning and Zoning Commission had approved the request with the stipulation
that the 6' chain link fence around the property be equipped with three strands of barbed wire
across the top.
Mayor Saleh asked if there were any proponents. Bud Taylor, Nacogdoches, Texas, stated that
he and his partner currently operate four such facilities and that they believe there is a need for
one in the City of Euless.
As there were no other proponents, Mayor Saleh asked if there were any opponents. There were
none and the public hearing was closed at 7:56 p.m.
ITEM NO. 5: APPROVAL OF SPECIFIC USE PERMIT #95-13-SUP
Several council members asked about the fencing and Assistant City Manager Joe Hennig stated
that the consideration at this time is for the specific use permit and other issues will be discussed
at the time of approval of the site plan. Director of Development and Public Works Randy Byers
stated that the offsite draining issue will also need to be resolved at the time of considering the
,`' site plan.
COUNCIL MINUTES JUNE 27, 1995 PAGE 4
Mayor Pro Tern Baker moved to approve the Specific Use Permit #95-13-SUP for a storage
facility within the C-2 and I-1 zoning district for Tract 4B1 B, A. M. Downen Survey, A-415, on the
south side of the 1100 block of W. Euless Blvd.
Council Member Boatright seconded the motion.
Ayes: Council Members Tyson, 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. 1179
Council Member Boatright moved to approve the first and final reading of Ordinance No. 1179,
amending Chapter 30, "Fees", to revise fees listed in that chapter.
Council Member Walker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tem
Baker and Mayor Saleh.
`gar Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 7: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
SCHRICKEL ROLLINS & ASSOCIATES ON ATHLETIC COMPLEX,
PHASE I
Council Member Miller moved to authorize the City Manager to execute a Professional Services
Agreement, as amended and presented to the Council, with Schrickel, Rollins & Associates of
Arlington, Texas to develop Athletic Complex, Phase I, construction documents.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tem
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
Councilman Miller reported it is anticipated that Phase 1 of the Athletic Complex will include a
combination of four baseball and softball fields, three soccer fields, one T-ball field, a pavilion, a
playground, an amphitheatre, a fishing pier, three sand volleyball courts, trails linking together
``` these facilities, ten picnic stations and associated parking and signage for these amenities.
COUNCIL MINUTES JUNE 27, 1995 PAGE 5
,n,,, ITEM NO. 8: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
SCHRICKEL ROLLINS & ASSOCIATES ON THE GOLF COURSE
Council Member Miller moved to authorize the City Manager to execute a Professional Services
Agreement, as amended and presented to the Council, with Schrickel, Rollins & Associates of
Arlington, Texas, to perform engineering services related to the proposed Euless Golf Course.
Mayor Pro Tern Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tern
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 9: APPROVE CONTRACT WITH CONLAN ENGINEERING FOR
GEOTECHNICAL INVESTIGATION OF PROPOSED GOLF COURSE
SITE TO ASSIST THE GOLF ARCHITECT AND CIVIL ENGINEERS
IN THEIR DESIGN AND FUNDS FOR SUBSIDIARY SURVEYING AND
CLEARING COSTS.
Council Member Miller moved to approve the contract with Conlan Engineering for Geotechnical
Investigation of proposed Golf Course site to assist the golf architect and civil engineers in their
�.• design and funds for subsidiary surveying and clearing costs.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tem
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 10: APPROVAL FOR CITY MANAGER TO RENEW AGREEMENT WITH
TARRANT COUNTY FOR THE COLLECTION OF 1995 PROPERTY
TAXES ON BEHALF OF CITY OF EULESS
Council Member Walker moved to approve the City Manager to renew the agreement with Tarrant
County for the Collection of 1995 property taxes on behalf of the City of Euless.
Mayor Pro Tem seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tem
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
COUNCIL MINUTES JUNE 27, 1995 PAGE 6
Mayor Saleh declared the motion carried.
NOW
ITEM NO. 11: ACCEPTANCE OF THE EULESS DEVELOPMENT CORPORATION
ACTIONS ON JUNE 22, 1995
Mayor Pro Tern Baker reviewed the figures contained in the revised Half Cent Sales Tax Budget
for the period of FY 93/94 through FY 95/96 as recommended by the Euless Development
Corporation as follows: 1) the Library project totals $5,732,546 that will include the construction,
fixtures, furniture, books and everything that it will take to get it up and running; 2) the Parks area
totals $5,542,788 that includes land acquisition, first phase of athletic complex, and golf land
development costs that will come back to the half cent sales tax fund after the golf course is
funded; 3) Economic Development fund is budgeted at just over $1 million for incentives and
other projects. Debt service is included with a total of $15,199,135.
Council Member Miller moved to approve the Euless Development Corporation actions on June
22, 1995.
Mayor Pro Tern Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tern
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
City Manager Tom Hart reported that this budget will need to be revised periodically as we see
how the sales tax revenues grow. The next objective is to get more money into the Athletic
Complex.
Mayor Saleh pointed out that this budget is being revised from approximately $12,000,000 a year
ago to the $15,199,135 at this time.
ITEM NO. 12: BOARD APPOINTMENT
Mayor Pro Tern Baker moved to appoint Keith Eggers to the Planning & Zoning Commission,
Place 6, for a term to expire December 31, 1996, to fill the position vacated when Carl Tyson
was elected to the City Council.
Council Member Miller seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker, Mayor Pro Tern Baker and Mayor
Saleh.
Nays: None
Abstain: Council Member Boatright
Mayor Saleh declared the motion carried.
COUNCIL MINUTES JUNE 27, 1995 PAGE 7
ITEM NO. 13: ACCEPTANCE OF RESIGNATIONS FROM AND APPOINTMENT(S)TO
THE COMMUNITY ADVISORY BOARD
Council Member Miller moved to accept the resignations of Judith Cannon, Place 6, and Sharon
Sperry, Alternate, from the Community Advisory Board and to appoint Michael Sampson to Place
6 with a term to expire December 31, 1996, and Gary Waldron as an alternate, with a term to
expire December 31, 1995.
Council Member Walker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller, Walker and Boatnght, Mayor Pro Tem
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14: APPROVAL OF MINUTES OF JUNE 13, 1995 REGULAR MEETING
Council Member Tyson moved to approve the Minutes of the June 13, 1995 Regular Meeting as
presented.
Council Member Walker seconded the motion.
`'" Ayes: Council Members Tyson, Smith, Miller, Walker and Boatright, Mayor Pro Tern
Baker and Mayor Saleh.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 15: REPORTS
a) City Manager
City Manager Tom Hart reported that the Tarrant County Junior College unanimously voted to
participate in the Tax Increment Financing District for the proposed mall in Euless. The Hurst-
Euless-Bedford Independent School District, Tarrant County, and the Hospital District have
already voted to participate.
b) City Attorney
City Attorney Bob McFarland reported that he earlier submitted a comprehensive report to the
Council and Staff on the significant legislative session for cities. There were over 5,000 separate
bills and resolutions filed in the 140 day period, one of the largest number of bills ever filed by
a legislature. Of those 5,000 bills, almost 20% affected municipalities. Mr. McFarland's office
monitored approximately 700 bills that could have affected the City of Euless. There were 1,101
COUNCIL MINUTES JUNE 27, 1995 PAGE 8
bills passed and over 200 of them affected cities. In the final analysis only about 110 bills
affected the City of Euless. Three of them would have had an adverse effect on the City of
Euless. Governor Bush vetoed only 23 bills of the 1,101 that were passed, and 3 of the ones
he vetoed were the 3 that would have adversely affected the City of Euless. Mr. McFarland
stated that in his fifteen plus years of observation of the legislature on a first-hand basis, cities
fared better than any other year that he could recall in the past.
The most important benefit for the City of Euless was the legislative curation of the Education
Code, regarding the establishment of the effective tax rate in a school district participating in a
tax increment financing district. That issue was addressed in three separate bills and all three
bills passed. Mr. Lynn Moak, education consultant, is currently preparing a report for the City
Council covering the legislation resolving the issue.
Mayor Saleh expressed appreciation to Bob McFarland for his efforts in following the legislation
that will enable the local school district to participate in the City's tax increment financing district.
She stated that the TIF district for the new mall would not have been possible without this
legislation.
City Manager Tom Hart also thanked Mr. McFarland for the long hours he worked during the
legislative session on behalf of the City.
Councilman Smith asked if there was opposition to the legislation for the TIF district. Mr.
McFarland stated that the opposition had been only from those who were concerned that the
legislation might conflict with other provisions in the school financing laws. It was primarily from
those who did not understand the provisions of the legislation we were supporting.
c) Staff
The staff report by Michelle Wyman on the recycling program was postponed until the next
meeting.
d) City Council
Mayor Saleh welcomed Councilman Boatright back after being absent for several meetings
because of illness.
Councilman Boatright congratulated City Attorney McFarland on his work in the legislature. He
introduced his wife, Elsie, and daughter, Sue from Florida, who were present in the meeting. He
thanked the staff and council members for their prayers, concerns and cards during his illness.
Councilman Walker also welcomed Councilman Boatright back to the council meeting.
Councilman Miller said he was glad the plans for the Athletic Complex were moving along and
thanked the staff, the Parks and Leisure Services Board and the Euless Development Corporation
for their work on the project.
Mayor Pro Tem Baker stated he was glad to see Councilman Boatright back. He congratulated
Margarita Valladares on her fifteen years of service to the City. He expressed appreciation to
Bob McFarland for his work on the legislation.
COUNCIL MINUTES JUNE 27, 1995 PAGE 9
Councilman Smith joined in welcoming Councilman Boatright back to the meeting.
Councilman Tyson also congratulated Margarita Valladares and stated that when the staff
conducted the new council member orientation, he visited the Police Department dispatch area
and was very impressed with the difficult task of a dispatcher. He told Mr. Boatright it was an
honor to serve with him on the City Council.
Mayor Saleh reported that three community leaders, Ruth Millican, Warren Fuller, who was the
first Mayor of Euless and Walter McCormick had passed away during recent weeks.
Mayor Saleh stated that she recently attended one of the most interesting and informative
meetings of her tenure as Mayor when she attended the Mayors' Conference in Miami, Florida.
There were 250 mayors in attendance from across the country to hear many outstanding
speakers and learn how other cities deal with their problems. There were many opportunities
to learn about good things that happen when cities work together. She said she had a lot to brag
about in Euless.
Mayor Saleh reminded those present that Tish Hinojosa will be appearing at the amphitheatre in
the Villages of Bear Creek Park Saturday, July 1.
ITEM NO. 16: ADJOURN
Mayor Saleh adjourned the meeting at 8:40 p.m.
APPROVED:
C./� l,Cliy O�•v�✓ 7
Mary Lib SalehqMayor
ATTEST:
CO"�/l/iii/
Susan Crim, C C, City Secretary