HomeMy WebLinkAbout1995-09-12 MINUTES OF A REGULAR MEETING
`�- OF THE
EULESS CITY COUNCIL
September 12, 1995
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at
4:30 p.m. on Tuesday, September 12, 1995, in the downstairs Administration Building Conference
Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council
Members Carl Tyson, Todd Smith, Charles Miller and Glenn Walker. Precouncil discussion was
held on agenda items and other scheduled items. A closed session was held to discuss pending
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 7:05 p.m. for the
consideration of the scheduled items.
Staff Members Present
Torn Hart, City Manager; James Cribbs, City Attorney; Gary McKamie, Police Chief; Randy Byers,
Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Diana Ortiz,
Director of Finance; Jenny Kratz, Municipal Relations Coordinator; Scott Campbell, Administrative
Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary
Visitors
Leon Hogg, Chairman, Parks & Leisure Services; Billy Owens and George Zahn, Planning and
Zoning Commission; Janice Griffin, Community Advisory Board; Jack Hill, Zoning Board of
Adjustment; Geri Donworth, Historical Preservation Committee; Katie Edwards; and other visitors
as noted on the Visitor's Register.
PLEDGE OF ALLEGIANCE
Council Member Miller led the Pledge of Allegiance.
INVOCATION
Mayor Saleh gave the invocation.
ITEM NO. 1: AUDIENCE REQUESTED BY JUDY L. TURNER
Judy L. Turner, 204 Jefflyn Court, Euless, addressed the Council regarding the City's contract with
Laidlaw Waste Systems, Inc. Ms. Turner stated that she felt the Laidlaw trucks were tearing up
city streets and presented a Polaroid picture she had taken in front of her house as evidence.
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 2
Ms. Turner also stated that she inquired about the use of a dumpster to use at her residence
temporarily while doing some repair work, but Laidlaw will only deliver a very large dumpster that
takes up almost the entire driveway. This is the only size dumpster available to residents. Ms.
Turner asked that the City approach Laidlaw about repairing the street as is required by their
contract with the city.
Mayor Saleh assured Ms. Turner that city staff would investigate the damage to the street to try
to determine the cause and would contact Ms. Turner and let her know the results of the
investigation.
ITEM NO. 2: PUBLIC HEARING FOR SPECIFIC USE PERMIT #95-16-SUP
Mayor Saleh opened a public hearing at 7:17 p.m. to hear input on a request from Colby and
Genevieve Sandlian for a specific use permit for a self storage facility within a C-2 (Community
Business) zoning district on the north side of W. Euless Boulevard and east of Vine Street. Mr.
Barry Knight, 5400 Renaissance Tower, Dallas, Texas, represented U-Stor Self Storage
Company.
Mayor Saleh asked if there were any further proponents who wished to address the Council and
hearing none asked if there were any opponents. There were no opponents who wished to
speak. Mayor Saleh closed the public hearing at 7:20 p.m.
ITEM NO. 3: APPROVAL OF SPECIFIC USE PERMIT #95-16-SUP
Discussion took place regarding the safety of children walking to and from school in the vicinity
of the proposed storage facility. Council Member Miller suggested that Mr. Knight meet with the
owners of Racetrac to discuss the possibility of extending the fence westward between this facility
and Racetrac to close off the corridor so that pedestrians cannot cut through. Council Member
Tyson clarified that the south boundary fence would be raised from 4' to 5' and requested that this
change be made on the site plan. A sidewalk will be added to the site plan along the south side
of the property on Highway 10. Mr. Byers will check to see if a sidewalk is required on Huffman
Road as well. Mayor Pro Tem Baker asked if Mr. and Mrs. Sandlian would be assessed for
improvements to Huffman Drive on their side when these improvements are made. Mr. Byers
stated these improvements would be assessed to property owners for property which fronts on
Huffman.
Council Member Miller asked Mr. Knight if he would be opposed to having a restriction placed on
the special use permit prohibiting car repairs and businesses from operating at this facility. Mr.
Knight stated he would certainly not have objections to this restriction and, in fact, the lease for
the storage units contains these prohibitions.
Council Member Walker moved to approve Specific Use Permit #95-16-SUP for a self storage
facility within a C-2 (Community Business) zoning district on the north side of W. Euless
Boulevard and east of Vine Street, subject to the five conditions set forth by the Planning and
Zoning Commission as follows:
1) The driveway on Highway 10 be located or designed to prevent traffic from trying
.y„ to go eastward, down the wrong side of the street;
2) The fencing along Highway 10 to be a minimum of 5' high wrought iron;
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 3
�► 3) The fencing along Huffman Drive to be a minimum of 6' high wrought iron;
4) The developer is to work out with staff a means to reasonably get pedestrians from
the walk bridge to the south side of Highway 10; and
5) All of these conditions are to be illustrated on the detailed site plan which requires
Planning and Zoning and City Council approval.
and further stipulations placed by City Council as follows:
1) Auto repairs and operation of businesses on the premises are prohibited.
2) A wrought iron fence is to be erected on the east side of the property.
Mayor Pro Tern Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tem Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 4: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1182
`"' - ADOPTING THE 1995 TAX ROLL
Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1182,
adopting the 1995 tax roll.
Council Member Miller seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tem Baker and
Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 5: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1181
- ADOPTING THE 1995 AD VALOREM TAX RATE
Ms. Peggy Vandiver, 808 Clebud, Euless, Texas, addressed the Council regarding the notice in
the Mid-Cities News titled, "Notice of Public Hearing on Tax Increase." Ms. Vandiver stated the
notice did not contain the name of whoever caused the notice to be published and it contained
misleading information regarding the tax rate. City Manager Tom Hart explained that the state
requires exact wording of the notice which the City must follow. Mr. Hart agreed that it was
misleading because many people do not understand that the effective tax rate is based on the
r,r„ value of property in the City, so a city with a lower tax rate actually could bring in more tax dollars
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 4
`.. than Euless because of the higher value of property in that city. The city is actually lowering the
tax rate from .616 to .606, therefore, if a resident's home was not increased in value, they may
actually see a decrease in their city taxes. Ms. Vandiver thanked Mr. Hart for his explanation.
Council Member Walker moved to approve the first and final reading of Ordinance No. 1181,
adopting the 1995 ad valorem tax rate.
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. 6: APPROVAL OF EXTENSION OF BANK DEPOSITORY CONTRACT WITH
LANDMARK BANK - MID-CITIES
Mayor Pro Tern Baker moved to approve the extension of the City's bank depository contract with
Landmark Bank - Mid-Cities for a period of one year.
Council Member Walker 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. 7: AUTHORIZE CITY MANAGER TO EXECUTE FINANCIAL ADVISORY
CONTRACT
Mayor Pro Tern Baker moved to authorize the City Manager to execute a Financial Advisory
Agreement for professional services with First Southwest Company in conjunction with upcoming
bond sale projects.
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.
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 5
Mayor Pro Tern Baker requested that staff check with other cities who are using other firms to
assure that First Southwest Company's rates are competitive.
ITEM NO . 8: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1187
- DRAINAGE FEES
City Manager Tom Hart stated that the City adopted the Drainage Utility District in 1990, the first
in the State to do so. At the time the drainage district was approved, the city's intention was to
collect on vacant land, but the legislature changed the law to disallow vacant land. The rates
have not been increased since the fees were adopted.
Council Member Miller suggested an appeals process be added to the ordinance to allow for
appeal of the run-off coefficient for businesses where they feel the co-efficient is not applicable
to their situation. The City Engineer would review the appeal and make a decision as to whether
or not the coefficient should be adjusted as applied to that particular property. Mr. Jack Hill,
Zoning Board of Adjustment, stated he did not think it was fair for a business to be able to appeal,
when individual homeowners did not have an avenue to object.
Council Member Smith stated he supported the underlying policy objective of the Council,
however, has concerns regarding an increase in the base rate of every homeowner. The result
is that the poorest of our citizens pay at the same rate as the wealthiest. Mr. Smith preferred a
method that more closely approximates a "flat" tax so that everyone is paying a similar
percentage.
Mayor Pro Tern Baker said the proposed rate would increase yearly revenue by approximately
$200,000 which would allow the city to complete small drainage projects. The Council has made
a policy statement that no further long-term projects would be funded by drainage utility fees.
Council Member Miller moved to approve the first and final reading of Ordinance No. 1187,
amending Chapter 30, "Fees," Section 30-41, "Drainage Charges," to amend the monthly rate to
$2.50 for single-family residential lots less than five acres and to amend the basic drainage utility
rate to $18.94 per impervious acre of land, and to amend the run-off coefficients for various land
uses, with an amendment to the ordinance to provide for an appeal procedure to be made to the
Engineering Department regarding the runoff co-efficient for the various land uses and to amend
the Fiscal Policy, Section V (F) that drainage fees are to be used for one-time projects and not
to make debt payments on future large projects.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Miller and Walker, Mayor Pro Tem Baker and Mayor
Saleh
Nays: Council Member Smith
Mayor Saleh declared the motion carried.
NOM,
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 6
�► ITEM NO. 9: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1188
Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1188,
amending Chapter 30 "Fees," Section 30-38, "Miscellaneous Fees" to amend fees for Police
Department Reports, Fingerprints and Birth Certificates.
Council Member Walker 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. 10: ACKNOWLEDGE RECEIPT OF THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE SEMI-ANNUAL REPORT FOR THE PERIOD OF
JANUARY 1, 1995 THROUGH JUNE 30, 1995
Council Member Walker moved to acknowledge receipt of the capital improvements advisory
committee semi-annual report for the period of January 1, 1995 through June 30, 1995.
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. 11: APPROVAL OF RESOLUTION NO. 95-909
Council Member Walker moved to approve Resolution No. 95-909, endorsing the projected
estimate of population, rate of growth and population capacity through the year 2015 to be
submitted to the Trinity River Authority for their use in planning for future expansion of the existing
Tarrant County Water Supply Project.
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.
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 7
ITEM NO. 12: AUTHORIZE THE PLANNING DEPARTMENT TO PREPARE A SERVICE
PLAN FOR EXTENSION OF MUNICIPAL SERVICES TO AREA TO BE
ANNEXED
Council Member Smith moved to authorize the planning department to prepare a service plan for
extension of full municipal services to the area to be annexed for the proposed golf course and
athletic complex north of Trinity Boulevard.
Council Member Miller 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. 13: APPROVAL OF PREPARATION OF SCHEDULE FOR PUBLICATION OF
NOTICES FOR PUBLIC HEARINGS ON PROPOSED ANNEXATION OF
LAND FOR PROPOSED GOLF COURSE AND ATHLETIC COMPLEX
Council Member Smith moved to authorize staff to schedule and publish notices for public
hearings on proposed annexation of land for the proposed golf course and athletic complex.
Council Member Miller 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. 14: APPROVAL OF EMERGENCY PURCHASE OF A POLICE PATROL UNIT
Mayor Pro Tern Baker moved to approve the emergency purchase of a police patrol unit to
replace Unit 319 at a cost of $17,461.
Council Member Walker 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.
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 8
ITEM NO. 15: AWARD BID NO. 95-10
Mayor Pro Tern Baker moved to award Bid No. 95-10 to Payton-Wright Ford for up to seven
police patrol units during fiscal year 1996 at a total cost of up to $129,500.
Council Member Walker 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. 16: APPROVAL OF MINUTES
Council Member Smith moved to approve the revised Minutes of August 8, 1995 Regular Meeting;
August 18, 1995 Special Called Meeting; August 22, 1995 Regular Meeting; September 5, 1995
Special Called Meeting, as presented.
Mayor Pro Tem Baker seconded the motion.
Ayes: Council Members Tyson, Smith, Miller and Walker, Mayor Pro Tem Baker and
Mayor Saleh
°v.
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 17: REPORTS
a) City Manager
City Manager Tom Hart had nothing to report.
b) City Attorney
City Attorney James Cribbs had nothing to report.
c) Staff Report
Bo Bass, Deputy Director of Development, provided the City Council with an update on the Library
Building Project. Mr. Bass stated that the proposed completion date of the building is June 1996.
Two signs will be placed at SH 183 stating the project is being funded by 1/2¢ Sales Tax
revenue. In late October or early November the landscape connection between the sundial and
the library main entrance will be underway. The spine drive between the library and other city
buildings will be a 2-lane divided street with a median. A campus-wide lighting system will also
,�, be implemented.
COUNCIL MINUTES SEPTEMBER 12, 1995 PAGE 9
`— d) City Council
Council Member Tyson thanked the citizens for attending the meeting and urged them to continue
their interest in city meetings.
Council Member Smith announced that the Council had authorized the creation of a 6-member
committee to draft the city's first ethics ordinance. The committee will be composed of two
council members, two staff members and two citizens. Mr. Smith encouraged the council
candidates to adopt the ethics ordinances as part of their platform.
Mayor Pro Tern Baker stated that he had attended the John Anderson concert and expressed
appreciation to Community Services Director Rick Herold for his work in rescheduling the show
from the Arbor Daze rainout of the concert and for bringing this type of entertainment to our city.
Council Member Miller said he appreciated the interest and input of the citizens who attended the
meeting.
Mayor Saleh announced that the Council has authorized staff to proceed with Phase I of the
athletic complex and golf course and invited those present to attend the November 4
groundbreaking for the athletic complex and golf course.
Mayor Saleh asked if anyone in the audience wished to address the Council. No one indicated
they would like to speak.
ITEM NO. 18: ADJOURN
Mayor Saleh adjourned the meeting at 8:25 p.m.
APPROVED:
1)1
Mary Lib Saleh, Mayor
ATTEST:
id/
'an Crim, MC, City Secretary
w pwin 1m i n u to s 19-12-95.m i n