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HomeMy WebLinkAbout1998-05-26 MINUTES OF A REGULAR MEETING ,.. OF THE EULESS CITY COUNCIL MAY 26, 1998 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, May 26, 1998, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg, Bobby Baker, Glenn Walker, and Katie Edwards. COUNCIL CONSIDERATION OF SCHEDULED ITEMS -COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:10 p.m. for the consideration of scheduled items. Staff Members Present City Manager Tom Hart, Deputy City Manager Joe Hennig, City Attorney James Cribbs, City Secretary Susan Crim, Director of Public Works Randy Byers, Police Chief Gary McKamie, Director of Community Services Rick Herold, Director of Planning & Development Bo Bass, Director of Economic Development David Witcher, Fire Chief Lee Koontz, Deputy Fire Chief Don Wilson, Police Captain Rod Davis, Special Projects Manager Andrea Baxter, City Planner Carol Griffith, Senior Administrative Assistant Scott Campbell, Fire Lieutenant James Smith, Parks Superintendent Johnnie Green, Firefighter Michael Parks, Firefighter Kelly Varwig, Police Officer Ashleigh Douglas, Police Administrative Assistant Kim Ross, and Assistant to the City Secretary Becky Null. Visitors Paul Spain, Elaine Green, Santos Herrera, Robert Douglas, Matt Ross, Christie Smith, Diane Smith, Anna & Tom Goodwin, Barbara Polk, Carroll Scott, Planning and Zoning Commissioners Billy Owens and Keith Eggers, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Council Member Leon Hogg led the Pledge of Allegiance. INVOCATION Rev. Ron Ratliff, South Euless Baptist Church, gave the invocation. City Council Minutes Pape 2 of 11 May 26, 1998 ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Fire Chief Lee Koontz introduced Fire Lieutenant James Preston Smith, receiving his 25-year service pin, and his wife Christie and Firefighter Michael Parks, receiving his 10-year service pin; Director of Community Services Rick Herold introduced Parks Superintendent Johnnie Green, receiving his 15-year service pin, his wife Elaine, and grandson Santos; Police Chief Gary McKamie introduced Administrative Assistant Kim Ross, receiving her 5-year service pin, and her husband Matt and Police Officer Ashleigh Douglas, receiving her 5-year service pin, and her father Robert; Deputy City Manager Joe Hennig introduced Special Projects Manager Andrea Baxter, receiving her 5-year service pin; Mayor Saleh introduced City Manager Tom Hart, receiving his 15-year service pin. Mayor Saleh presented each employee with their service pins. Mayor Saleh noted that Firefighter Dewey Davidson and Public Works Equipment Operator Larry James were not able to attend the meeting to receive their 15-year service pins and Public Works Field Tech Larry Atkinson was not present to receive his 5-year service pin. ITEM NO. 2 APPROVAL OF PURCHASE Council Member Walker motioned to approve the purchase of one 8-channel Dictaphone Guardian Digital Communications Recording System through the cooperative purchasing agreement of HGAC, in the amount of $28,107.29, Near including cost of installation through Dictaphone, Inc., and Motorola, Inc. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 3 APPROVAL OF CENTRAL RECRUITING FOR FIRE PERSONNEL INTERLOCAL AGREEMENT Council Member Edwards motioned to authorize the City of Euless Fire Department to enter into an interlocal agreement which would allow the sharing of cost, materials, and personnel necessary to conduct recruitment and testing for fire department personnel with the cities of Bedford, Colleyville, Grapevine, Keller, North Richland Hills, and Richland Hills. Council Member Walker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, �, Baker, Walker, and Edwards City Council Minutes Pare 3 of 11 May 26, 1998 Nays: None No, Mayor Saleh declared the motion carried. ITEM NO. 4 PUBLIC HEARING FOR ZONING CHANGE NO. 97-47-ZC TO R- 1 (SINGLE FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 7:35 p.m. regarding the rezoning to R- 1 (Single Family Detached Dwelling District) on Bell Ranch Terrace Addition, Block 3, Lots 1-8, 9R; Block 4, Lots 1R1, Lots 5-11, 13; Block 5, Lots 1-26; Block 6, Lots 1-26; Block 7, Lots 6, 7, 12, 13, 18-24; Block 12, Lots 1, 8-10; Block 13, Lots 1-18; Block 14, Lots 1-15; Block 15, Lots 8 and 9; J.S. Anderson Subdivision, Block 13, Lots 24R1, 24R2, 24R3, 24R4, 24R5. Mayor Saleh noted that Council Member Baker recused himself from Item Nos. 4, 5 and 6 because he owns property that is part of the zoning request. She also noted that written letters of protest were received from Brooks Builders, Inc., Helen & Laurance Lightbody, and the Mibec Corporation. Director of Planning & Development Bo Bass stated this zoning change request was originally heard by the City Council on November 11 and 25, 1997. The first reading of the ordinance was approved and the second reading was tabled for consideration at a later date. The Council requested that property owners be __ renotified and a public hearing held on all the city-initiated zoning requests brought back before the Council. He stated that the subject property was in the Bell Ranch Terrace Subdivision. Mayor Saleh asked for any proponents. There being none, she asked for any opponents. Ms. Barbara Polk, 716 Koen Lane, stated that as a realtor, she believed that only the property north of Signet Drive could develop as single-family. She agreed that it was time for something to happen, but the zoning has not been the problem. Mr. Bobby Baker, 405 Cullum Drive, stated he owned property one lot west from the office building on the corner of Signet Drive and FM 157. He did not believe that the property south of Signet would develop as single-family, especially right next to an office building. He also did not believe that the zoning was the problem. The property has been undeveloped for over forty years due to the many different owners and no utilities or streets. Mr. John Finn, 310 Brashear Lane stated that he has lived there 27 years. His house was the only one built in the subdivision. He noted that he has sold six lots he owns twice and the prospective purchasers were told by the city's development department that there were no public improvements in the area. City Council Minutes Page 4 of 11 May 26, 1998 There being no additional opponents, Mayor Saleh closed the public hearing at �•• 7:50 p.m. ITEM NO. 5 REMOVING ORDINANCE NO. 1263 FROM THE TABLE Mayor Pro Tern Miller motioned to approve the removal of Ordinance No. 1263 from the table regarding rezoning to R-1 (Single Family Detached Dwelling District) on Bell Ranch Terrace Addition, Block 3, Lots 1-8, 9R; Block 4, Lots 1R1, Lots 5-11, 13; Block 5, Lots 1-26; Block 6, Lots 1-26; Block 7, Lots 6, 7, 12, 13, 18-24; Block 12, Lots 1, 8-10; Block 13, Lots 1-18; Block 14, Lots 1-15; Block 15, Lots 8 and 9; J.S. Anderson Subdivision, Block 13, Lots 24R1, 24R2, 24R3, 24R4, 24R5. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 6 APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. 1263 City Attorney James Cribbs stated that Council Member Baker's recusal reduces the required vote to five to approve the request over the written protests. Mayor Pro Tern Miller questioned that if the property was rezoned to R-1, then some of the property owners could come back with a planned development or some other zoning request. Mr. Baker stated that zoning is not the big issue. The issue is finding a developer and a use. South of Signet Drive is not conducive to single-family. North of Signet is the big problem because of so many different owners. He brought up the possibility of condemnation and having the property brought under one owner, the City, and putting the property on the market. After additional discussion as to the pros and cons of rezoning all or only the property north of Signet Drive to R-1, Council Member Tyson motioned to approve the second and final reading of Ordinance No. 1263 as presented to R-1 (Single-Family Detached Dwelling District). Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, and Edwards City Council Minutes Page 5 of 11 May 26, 1998 Nays: Council Members Hogg and Walker Mayor Saleh declared the motion failed. Council Member Tyson then motioned to approve the second and final reading of Ordinance No. 1263 to rezone all requested lots north of Signet Drive to R-1 (Single Family Detached Dwelling District) in the Bell Ranch Terrace Addition. The requested area south of Signet Drive will remain its current zoning. Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg and Edwards Nays: Council Member Walker Mayor Saleh declared the motion carried. City Manager Hart stated that eminent domain is a possibility. Council Member Tyson requested discussion regarding condemnation at the Council Worksession on June 4, and requested the engineering and development departments to work up the costs. Mr. Baker noted that the properties are owned by second and third generations and are located all over the world. Council Member Edwards asked about Lot 4, Block 12, Bell Ranch Terrace, that was not made a part of this zoning request. Deputy City Manager Joe Hennig stated that the rezoning request on that lot will be brought back before the Council. ITEM NO. 7 PUBLIC HEARING FOR ZONING CASE NO. 97-69-ZC TO R-1 (SINGLE FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 8:15 p.m. regarding the rezoning to R- 1 (Single Family Detached Dwelling District) of Alexander and Cullum Subdivision, Lots 17, 18, NEPT 23, NWPT 23, SEPT 23, SWPT 23, 24, 25, A; Alexander-Cullum Addition, Block A, Lot 24R; A.J. Huitt Survey, Abstract 709, Tract 3R. Director of Planning & Development Bo Bass stated this zoning change request was originally heard by the City Council on November 25, 1997. The first reading of the ordinance was tabled for consideration at a later date. The Council requested that property owners be renotified and a public hearing held on all the city-initiated zoning requests brought back before the Council. He noted that the property was at the northeast corner of S. Main Street and E. Alexander Lane. City Council Minutes Paffe 6 of 11 May 26, 1998 `r►, Mayor Saleh stated that two written letters of protest had been received. She asked for any proponents. There being none, she asked for any opponents. Mr. Harold Peek, Peek Properties, Dallas, stated he has not had time to familiarize himself with the ordinances and requested postponement of a decision. There being no additional opponents, Mayor Saleh closed the public hearing at 8:20 p.m. ITEM NO. 8 REMOVING ORDINANCE NO. 1283 FROM THE TABLE Council Member Edwards motioned to approve the removal of Ordinance No. 1283 from the table regarding rezoning to R-1 (Single Family Detached Dwelling District) of Alexander and Cullum Subdivision, Lots 17, 18, NEPT 23, NWPT 23, SEPT 23, SWPT 23, 24, 25, A; Alexander-Cullum Addition, Block A, Lot 24R; A.J. Huitt Survey, Abstract 709, Tract 3R. Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, and Edwards Nmir Nays: Council Members Hogg, Baker, and Walker Mayor Saleh declared the motion carried. ITEM NO. 9 DENIAL OF ORDINANCE NO. 1283 City Attorney James Cribbs stated that six votes were required for approval due to the written letters of protest. Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1283 for the rezoning to R-1 (Single Family Detached Dwelling District) of Alexander and Cullum Subdivision, Lots 17, 18, NEPT 23, NWPT 23, SEPT 23, SWPT 23, 24, 25, A; Alexander-Cullum Addition, Block A, Lot 24R; A.J. Huitt Survey, Abstract 709, Tract 3R. Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, and Edwards Nays: Council Members Hogg, Baker, and Walker Mayor Saleh declared the motion failed. City Council Minutes Page 7 of 11 May 26, 1998 Council Member Tyson motioned to approve first and final reading of Ordinance No. 1283 for the rezoning to R-1 (Single Family Detached Dwelling District) on all of Tract 3R, except the western 125 feet along S. Main Street, A.J. Huitt Survey, Abstract 709; Lot 24, Block A, Alexander-Cullum Addition; and Lots 17, 18, NEPT 23, NWPT 23, SEPT 23, SWPT 23, Alexander and Cullum Subdivision. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Council Members Tyson and Edwards Nays: Mayor Pro Tern Miller, Council Members Hogg, Baker, and Walker Mayor Saleh declared the motion failed. It was noted that the property retains its current zoning. ITEM NO. 10 PUBLIC HEARING OF ZONING CASE NO. 98-20-ZC TO C-2 (COMMUNITY BUSINESS DISTRICT) Mayor Saleh opened the public hearing at 8:40 p.m. regarding the rezoning of Tract 3A, Samuel Tucker Survey, Abstract 1512 to C-2 (Community Business District). _,,. Director of Planning & Development Bo Bass stated this zoning change request was denied by the City Council on February 24, 1998, due to a mapping error in the required legal notification to surrounding property owners, and is now being resubmitted for consideration. The property is located at the point where Fuller- Wiser Road and SH 360 intersect. Mayor Saleh asked for any proponents. Mr. Paul Spain, 3732 Normandy Avenue, Dallas, stated he owned the property adjacent to the south and spoke in favor of the rezoning to C-2. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:44 p.m. ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1327 Council Member Walker motioned to approve first and final reading of Ordinance No. 1327 to rezone Tract 3A, Samuel Tucker Survey, Abstract 1512, to C-2 (Community Business District). Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards City Council Minutes Page 8 of 11 May 26, 1998 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 HOLD PUBLIC HEARING OF AMENDMENT TO UNIFIED DEVELOPMENT CODE NO. 98-04-UDC Mayor Saleh opened the public hearing at 8:45 p.m. regarding amendment of Chapter 84 "Unified Development Code" of the Code of Ordinances Article V, "Off-Street Parking, Loading, and Driveway Standards" by the addition of Section 84-201 (I) "Lighting". Director of Planning & Development Bo Bass stated these amendments provide a method for requiring lighting for developments. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:44 p.m. ITEM NO. 13 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1326 Council Member Tyson questioned the enforcement provisions. NOY Director of Planning & Development Bo Bass stated that enforcement will be from staff receiving complaints and the city will probably have to hire a licensed lighting engineer to determine if the lighting meets the code requirements. Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1326 amending Chapter 84 "Unified Development Code" of the Code of Ordinances Article V, "Off-Street Parking, Loading, and Driveway Standards" by the addition of Section 84-201 (I) "Lighting". Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14 HOLD PUBLIC HEARING Mayor Saleh opened the public hearing at 9:00 p.m. to hear the report of demolition costs incurred of the property at 704 W. Euless Blvd. and any objections or protests. City Council Minutes Page 9 of 11 May 26, 1998 City Manager Tom Hart explained the condemnation procedures for an unsafe `r building. He stated that the property owner had been legally notified of the danger of the structure and had been requested to have the building brought into compliance with the building code or to demolish it. City Attorney Cribbs reported that the legal time limits had been allowed the property owner to comply with the state statute, but when he did not do so, the property had been posted for demolition. He further stated that this public hearing had been legally published in the newspaper and the property was posted regarding same. The owner was notified by certified mail of the public hearing and a letter had been received from the property owner's attorney requesting that these items be tabled due to the property owner being out of town. City Manager Hart recommended moving forward with the proceedings. ITEM NO. 15 ACCEPTANCE OF CORRECTNESS OF CHARGES Council Member Walker motioned to accept the report of demolition of the property at 704 W. Euless Blvd. and confirmed the costs as outlined to be correct. Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 APPROVAL TO ASSESS DEMOLITION CHARGES FOR PROPERTY AT 704 W. EULESS BLVD. AGAINST THE PROPERTY Council Member Walker motioned to assess the charges incurred in the demolition of the property at 704 W. Euless Blvd. against the property, causing a lien to be filed against the property. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 10 of 11 May 26, 1998 `�- ITEM NO. 17 DENIAL OF RESOLUTION NO. 98-998 Mayor Pro Tern Miller motioned to deny Resolution No. 98-998, which would have allowed installment payments of the assessments against 704 W. Euless Blvd. Council Member Walker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 18 CONFIRM ASSESSMENT ORDERING THE ASSESSMENT TO BE RECORDED ON ASSESSMENT ROLL AND IN THE OFFICE OF THE COUNTY CLERK Council Member Edwards motioned to confirm assessment, order assessment to be recorded on assessment roll in the office of the County Clerk, and order certified copy of confirmed assessment to be furnished to Tarrant County Tax N,.• Assessor and Collector. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19 APPROVAL OF MINUTES Mayor Pro Tem Miller motioned to approve the minutes of the Regular City Council Meeting of May 12, 1998. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Nair Mayor Saleh declared the motion carried. Citp Council Minutes Pale 11 of 11 May 26, 1998 ITEM NO. 20 REPORTS Now Staff Report There was no staff report. City Manager Report City Manager Hart had nothing to report. City Attorney City Attorney Cribbs had nothing to report. City Council Council Member Edwards congratulated those who received their service pins. She noted that the first week in June, the police mobile unit will be at the Concord House Apartments. Council Member Walker congratulated City Manager Tom Hart on surviving 15 years in order to receive his 15-year service pin. ,.. Mayor Pro Tem Miller congratulated all the employees receiving their service pins noting that the city is fortunate to have such employees. He mentioned presenting a proclamation to Colonel Ben Purcell and the experiences Colonel Purcell shared while being a POW for 62 months during the Viet Nam War. Council Members Baker and Tyson congratulated all the employees receiving service pins. Mayor Saleh stated that the city will host the Vital Links students the week beginning June 1. She mentioned the birth of her new granddaughter, Gabrielle. ITEM NO. 21 ADJOURN The meeting adjourned at 9:15 p.m. APPROVED: 6:41.( dC Mary Lib aleh, Mayor ATTEST: Sus-n Crim, C ' C/AAE, City Secretary