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HomeMy WebLinkAbout1998-11-10 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 10, 1998 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:20 p.m. on Tuesday, November 10, 1998, in the Administration Building Downstairs Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg, Katie Edwards, and Glenn Walker. Council Member Bobby Baker was not present. Closed session was held to discuss real property, as authorized by Section 551.072, of the Texas Government Code. Precouncil discussion was held on agenda items and other scheduled items. 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 scheduled items. Staff Members Present City Manager Tom Hart, Deputy City Manager Joe Hennig, City Attorney Bob McFarland, City Secretary Susan Crim, Director of Public Works Randy Byers, Director of Planning & Development Bo Bass, Director of Economic Development David Witcher, Director of Administration Tom Cox, City Planner Carol Griffith, Administrative Assistant Scott Campbell, Reserve Police Officer Clyde Cullum, Administrative Secretary Diana Ryan, Computer Services Specialist Shelly Bird, and Assistant to the City Secretary Becky Null. Visitors Casey Ryan, Chris and Chasity Davis, Brian Bird, John Pena, Planning and Zoning Commissioner Billy Owens, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Girl Scout Brownies Troop 1514 led the Pledge of Allegiance. INVOCATION Rev. James Burgoyne, Cornerstone Family Church, gave the invocation. City Council Minutes Page 2 of 8 November 10, 1998 ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR .. NOVEMBER Deputy City Manager Joe Hennig introduced Diana Ryan, Administrative Secretary in the City Managers Office, and her family, and Mayor Saleh presented her with the employee of the month plaque. ITEM NO. 2 PRESENTATION OF A PROCLAMATION Mayor Saleh noted that the recipient of the Teen Court Scholarship was unable to attend the meeting. ITEM NO. 3 TABLED APPROVAL OF THE ADMENDMENT TO TEEN COURT BYLAWS, SECTION 1.02 Council Member Edwards motioned to table the Teen Court bylaws and the Interlocal Agreement until the City Council meeting on December 8, 1998. Mayor Pro Tem Miller 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. 4 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1344 Mayor Pro Tern Miller motioned to approve the first and final reading of Ordinance No. 1344 adopting guidelines and criteria for granting tax abatement in reinvestment zones created in the City of Euless with the deletion of reference to the school districts. 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. City Council Minutes Page 3 of 8 November 10, 1998 ITEM NO. 5 AUTHORIZE THE CITY MANAGER TO EXECUTE A RENEWAL OF INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM Director of Administrative Services Tom Cox stated that the contract was executed in October 1997, with the City of Fort Worth for participation of the City of Euless in the Household Hazardous Waste Environmental Collection Center. The contract expires December 31, 1998. When the contract was approved, 133 households were funded at $75 each. The per household fee has been increased to $77 this year. Mr. Cox noted that between December 1997 through September 1998, 119 Euless households used the collection center. The contract has a maximum yearly expenditure of $10,000. This amount of funding would allow up to 130 households to participate during a 12 month period. Mayor Saleh suggested the hazardous waste information be included in the Mayor's Newsletter. Council Member Walker motioned to authorize the city manager to execute a renewal of the interlocal agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 6 ACCEPTANCE OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE SEMI-ANNUAL REPORT FOR JULY 1, 1996 AND ENDING SEPTEMBER 30, 1998 Deputy City Manager noted that City Planner Carol Griffith worked very hard on getting this report together. Mayor Pro Tem Miller motioned to accept the Capital Improvements Advisory Committee Semi-Annual Report for July 1, 1996, and ending September 30, 1998. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Walker, and Edwards Nays: None City Council Minutes Page 4 of 8 November 10, 1998 Mayor Saleh declared the motion carried. ITEM NO. 7 HOLD PUBLIC HEARING OF AMENDMENT OF UDC NO. 98- 07-UDC - PRIVATE WATER WELLS AND WELLHEAD PROTECTION Mayor Saleh opened the public hearing at 7:19 p.m. regarding the amendment of Chapter 84 "Unified Development Code" by removing Section 84-182 'Wellhead Protection Zone" and replacing it with Section 84-182 "Private Water Wells and Wellhead Protection Zone". Director of Planning & Development Bo Bass stated that the amendment puts into ordinance what has been done by policy. He stated that the proposed amendment requires that a building permit be obtained before a private well can be drilled, restricts use of private wells to irrigation only, and provides a maximum depth for private wells. It also contains provisions for the abandonment of private water wells. The wellhead protection zone section is expanded to require that private wells be located a minimum distance away from fuel storage tanks, hazardous materials, or public water wells. Mr. Bass noted that the Planning & Zoning Commission recommended denial based on enforcement and private property rights. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:23 p.m. ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1345 In response to a question, Mr. Bass stated that Building Official Kevin Mercer has handled five requests for wells since he's been with the city. Director of Public Works Randy Byers stated his department had surveyed all known water wells and that there are currently approximately 20 private water wells in the ground for irrigation use. They were all drilled prior to the Texas Natural Resource Conservation Commission regulations. In response to questions regarding the distance requirements from fuel storage tanks and public water wells, Director of Public Works Randy Byers stated that there is the chance of contaminants getting into the acquifer. Council Member Tyson stated he did not agree with the proposed ordinance as written. After additional discussion regarding how to handle existing wells, Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1345 amending Chapter 84 "Unified Development Code" by removing Section 84-182 'Wellhead Protection Zone" and replacing it with Section 84-182 "Private Water Wells and Wellhead Protection Zone" with the amendments that existing private irrigation wells are grandfathered and future private irrigation wells may City Council Minutes Page 5 of 8 November 10, 1998 be allowed within the restricted zones upon approval of a special exception by the City Council. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and Walker Nays: Council Member Edwards Mayor Saleh declared the motion carried. ITEM NO. 9 APPROVAL OF RESOLUTION NO. 98-1006 Council Member Hogg motioned to approve Resolution No. 98-1006 declaring a public necessity for the acquisition of parcels of real estate required for the reconstruction improvements to Mid-Cities Blvd. and declaring said improvements to be a public use for a public purpose. Council Member Walker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 AUTHORIZING THE CITY MANAGER TO ACQUIRE 35.218 ACRES OF PROPERTY FOR RIGHT-OF-WAY ALONG MID- CITIES BLVD. Council Member Hogg motioned to authorize the city manager to acquire 35.218 acres of property for right-of-way along Mid-Cities Blvd. with the stipulation not to exceed amount discussed in closed session. Council Member Walker 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. City Council Minutes Page 6 of 8 November 10, 1998 ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1343 Director of Public Works Randy Byers noted that Whitener Drive was dedicated with the platting of the J.E. Whitener Estates Subdivision. The street was never constructed and utilities were never installed. A portion of the right-of-way is located within property proposed for development by Ryland Homes. Replacement street right-of-way is being dedicated in another location within the Ryland development, Park Hollow Addition. Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1343 vacating a portion of Whitener Drive (a 50-foot right-of-way) in the J.E. Whitener Estates Subdivision. 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. 12 TABLED ORDINANCE NO. 1338 Deputy City Manager Joe Hennig stated that this item had previously been tabled to this specific date; however, TU Electric still has not completed their survey of the lights that potentially could be grandfathered. He stated that the information should be received prior to the first council meeting in December. Council Member Tyson motioned to table indefinitely Ordinance No. 1338 amending Chapter 84 "Unified Development Code" Subsection 84-201 (i) "Lighting" of the Code of Ordinances of the City of Euless to modify fixture materials and replacement requirements. Council Member Walker seconded the motion. Ayes: Mayor Saleh, Council Members Tyson, Hogg, Walker, and Edwards Nays: Mayor Pro Tern Miller Mayor Saleh declared the motion carried. ITEM NO. 13 APPROVAL OF MINUTES Council Member Walker motioned to approve the minutes of the regular meeting of the City Council of October 27, 1998. City Council Minutes Page 7 of 8 November 10, 1998 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. 14 REPORTS CITY MANAGER REPORT City Manager Tom Hart stated he toured the new fire station and it has turned out real nice. He stated the city received the second sales tax check this year which was 6% to 7% of projected revenues. He noted that Raydeane Ambrose is retiring and Cathy DiMaggio has been promoted as manager of the water office as of the first of December. He stated the contractors have begun tearing down Western Hills Inn. He also noted that the Lazarus Company has acquired the K- Mart building. They have a possible user and plan to remodel the building. He stated that a neighboring city called to see if Euless would be willing to look at the wine issue legislatively. He thought there could be interest and noted that personnel from the other city had already talked to State Representative Todd �... Smith who was receptive to work on the issue. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. STAFF REPORT There was no staff report. CITY COUNCIL Council Member Tyson congratulated City Manager Torn Hart on the preliminary closing numbers on the budget from last year. He also noted that he had returned from Germany this afternoon prior to the meeting. He expressed gratitude for living in the United States and for those that fought in World War II. Council Member Hogg stated he attended the Texas Municipal League Conference and there were good meetings at the conference. He congratulated Cathy DiMaggio on her promotion and Diana Ryan on being selected employee of the month. He stated that a portion of the Western Hills Inn sign was saved from destruction. r.. City Council Afinutes Page 8 of 8 November 10, 1998 Mayor Pro Tem Miller stated he had an enjoyable experience at the Trinity High School vs. L. D. Bell High School football game. Trinity High School won. He stated that he would like Senator Chris Harris to take the lead in the request for legislative change on the local option for wine sales. Council Member Walker thanked the Millers, Byers, and others who worked on the wine petition drive. Council Member Edwards stated that the portion of Westpark Way that is finished looks very good. She asked when the remainder would be finished. Director of Public Works Randy Byers stated that he thought it would be finished during the winter. Mayor Saleh stated that the lights are on at night at Grubbs Infiniti and they are very attractive. She thanked City Planner Carol Griffith for the work on the Capital Improvements report. She also thanked the Wine Sales Committee and thought there should be a report given on the petition drive. ITEM NO. 15 ADJOURNMENT The meeting adjourned at 8:06 p.m. �.. APPROVED: jAt Mary Lib Sal Mayor ATTEST: S su an rim, C∎, C/AAE City Secretary