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HomeMy WebLinkAbout1999-09-14 MINUTES OF A REGULAR MEETING Nft. OF THE EULESS CITY COUNCIL SEPTEMBER 14, 1999 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, September 14, 1999, 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 and Glenn Porterfield, Council Members Bobby Baker and Katie Edwards were not present. Closed session was held to discuss real property as authorized by Section 551.072 and economic development incentives as authorized by Section 551.086 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 7:10 p.m. for the consideration of scheduled items. Staff Members Present City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, City Secretary Susan Crim, Director of Administration Tom Cox, Acting Police Chief Bob Freeman, Finance Director Loretta Getchell, Director of Public Works Randy Byers, Director of Planning & Development Bo Bass, Director of Economic Development Andrea Baxter, Fire Chief Lee Koontz, Assistant Director of Public Works Ron Young, Police Captain Harland Westmoreland, Development Services Manager Kevin Mercer, Library Manager JoAnn Rogers, Police Corporal Jerry Cook, Communications/Marketing Manager Jenny Kratz, Reserve Police Officer Clyde Cullum, and Deputy City Secretary Becky Null. Visitors Rick Vaughn, Carroll Scott, Library Board Member Barney Snitz, Planning &Zoning Commissioner Billy Owens, and other visitors as noted on the visitor's register. INVOCATION Pastor C. Douglas White, Restoration Church, gave the invocation. PLEDGE OF ALLEGIANCE `'` Boy Scout Troop 4 led the Pledge of Allegiance. City Council Minutes Page 2 of 9 September 14, 1999 ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR SEPTEMBER Acting Police Chief Bob Freeman introduced Police Corporal Jerry Cook and his wife Noroko and Mayor Saleh presented him with the plaque for employee of the month for September. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Richard Smith proclaiming September as National Sickle Cell Awareness Month. Mr. Smith presented Mayor Saleh with a writing pen and one of their first logo lapel pins designed by the Fort Worth office. ITEM NO. 3 CITIZEN ADDRESS Shylene Quinones, 409 Nita Lane, addressed the council regarding the concrete house at 1412 Bell Ranch Circle. ITEM NO. 4 TABLED ORDINANCE NO. 1371 Mayor Pro Tern Miller motioned to table Ordinance No. 1371 until October 12, amending Chapter 84 "Unified Development Code," Article X "Urban Design Principles and Improvement Standards," by adding Section 84-447 "Right of Way and Easement Usage Requirements". Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5 PUBLIC HEARING FOR EULESS DEVELOPMENT CORPORATION (EDC) BUDGET Mayor Saleh opened the public hearing at 7:22 p.m. regarding the Euless Development Corporation (EDC) budget for the fiscal year beginning October 1, 1999, and ending September 30, 2000. Finance Director Loretta Getchell presented the EDC budget stating that the projected beginning fund balance would be $770,286 with revenues expected to be $2,093,488 and expenditures to be $2,281,996, leaving an ending fund balance of$581,778. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:24 p.m. City Council Minutes Page 3 of 9 September 14, 1999 ITEM NO. 6 APPROVAL OF THE EULESS DEVELOPMENT CORPORATION (EDC) BUDGET Council Member Hogg motioned to approve the Euless Development Corporation (EDC) budget for the fiscal year beginning October 1, 1999, and ending September 30, 2000. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 HOLD PUBLIC HEARING ON OPERATING AND CAPITAL BUDGET Mayor Saleh opened the public hearing at 7:25 p.m. regarding the City of Euless Operating and Capital budget for FY '99-00. Finance Director Loretta Getchell presented the budget consisting of revenues totaling $47,745,952 and total expenditures of$46,677,198. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:27 p.m. ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1376 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1376 adopting the official Operating and Capital budget for the City for FY '99-00. Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9 PUBLIC HEARING ON FY '99-00 AD VALOREM TAX RATE Mayor Saleh opened the public hearing at 7:28 p.m. for the proposed ad valorem tax rate of$0.514754 per$100 valuation for FY '99-00. City Council Minutes Page 4 of 9 September 14, 1999 Finance Director Loretta Getchell pointed out this would be a reduction of 10 per $100 valuation from the current year, and a total reduction over the last five years of more than 10¢ per hundred dollar valuation. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:29 p.m. ITEM NO. 10 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 99-03-PD Mayor Saleh opened the public hearing at 7:30 p.m. regarding change of zoning on Tract Al, George Linney Survey, Abstract 939, from R-1 (Single Family Detached Dwelling District) into PD (Planned Development) based on R-1L (Single Family Limited Dwelling District); located north and adjacent to West Ash Lane. Director of Planning & Development Bo Bass stated that this request is for a 48 lot single family development on 10.12 acres with a minimum of 5,000 sq. ft. lots and an average lot size of 5,662 sq. ft. Some lots will be 9,000 sq. ft. He stated the site has difficult topographic features. The developer is proposing to build a 6 ft. masonry screening fence along Ash Lane and staff is recommending the masonry fence go all the way up to Lot 5. There will be a mixture of one and two-story homes. The homes will be 90% masonry. He noted that the minimum front and rear yard setbacks are 10 ft. with the exceptions of 20 ft. setbacks for the garages on the front and 15 ft. rear yard setbacks on the lots backing up to Ash Lane. Mr. Bass stated that the Planning & Zoning Commission recommended approval with conditions. Mr. Tim Spiars, Tipton Engineering, 6330 Broadway Blvd., Suite C., Garland, Texas, asked for approval with the items staff and the Planning & Zoning Commission have recommended. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1382 Mayor Pro Tern Miller motioned to approve the first and final reading of Ordinance No. 1382 for change of zoning on Tract Al, George Linney Survey, Abstract 939, from R-1 (Single Family Detached Dwelling District) into PD (Planned Development) based on R-1L (Single Family Limited Dwelling District), with the following conditions: (1) All perimeter wood fences to be 8 feet with metal posts; (2) The engineering staff be authorized to work with the developer, after receiving a hydraulic study, on what is best for the channel, using the Tipton Engineering letter sent July 2, 1999, as guidelines; (3) The brick fence shown on the elevation/landscape detail along Ash Lane be extended through Lot 4; and (4) All above ground franchise utility appurtenances be located on the rear of all lots throughout the development. City Council Minutes Page 5 of 9 September 14, 1999 Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVAL OF LEASE AND PURCHASE AGREEMENT WITH THE CITY OF EULESS AND THE DALLAS STARS AND CENTEX CONSTRUCTION Mr. Jonathon Vinson, 1445 Ross Ave., Suite 3200, Dallas, Texas, 75202, stated he is representing another party that is interested in the Stars Center project and believes this item should be subject to the bidding process. He requested the council delay their decision for 30 days. Council Member Tyson stated that the lease agreement is for 30 years and he does not feel he has enough information to support the agreement, although he supports the Stars project. Mayor Pro Tern Miller motioned to approve authorizing the city manager to execute a purchase and lease agreement with the Dallas Stars, L.P., and 'gamy Centex/StarCenter Development Company I, L.P. subject to final wording review by the city attorney as noted in City Attorney Bob McFarland's memo. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Hogg, and Porterfield Nays: Council Member Tyson Mayor Saleh declared the motion carried. ITEM NO. 13 APPROVAL OF DEVELOPER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF EULESS AND AL PATEL Council Member Tyson noted that Exhibit A of the agreement was not attached. He also noted that the timing of the agreement was contrary to what was agreed upon and felt there needed to be more time to evaluate the agreement. City Manager Hennig stated that Exhibit A will be the metes and bounds for the vacant property and will be available prior to the agreement being executed. He `�- stated that Mr. Patel has one contract pending and would like to have the agreement approved prior to closing. He stated that the date certain driving the agreement is January 1, 2001, and that with every development after that, Mr. City Council Minutes Page 6 of 9 September 14, 1999 Patel loses the opportunity for gain. He noted that the council was agreeable to giving Mr. Patel five years to develop the property and the year 2006 is in the agreement. Mr. Patel stated if he had more time on the items that referred to hotel/motel or sales tax he might be able to find better quality developments to bring in that would create more revenue. Mr. Hennig suggested extending from five to seven years for other types of development only, referring to retail with sales tax or hotel/motel tax, to afford Mr. Patel seven years to have a refund opportunity of five. Council Member Tyson did not think there was any reason for an agreement unless Mr. Patel is going to bring development in early and he did not think 2008 is early. He stated the agreement states 50% of the increased ad valorem and sales tax, not city ad valorem. Mr. Hennig stated he will clarify the agreement wording to indicate that it is city ad valorem tax. He stated that Mr. Patel will not receive any money until the property is developed. Council Member Hogg motioned to approve authorizing the City Manager to execute the Developer Reimbursement Agreement between the City of Euless and Mr. Al Patel for reimbursement from the city for a portion of Mr. Patel's drainage costs with the addition of the word "city" placed in front of the words "ad valorem" on page 2, under Section II. Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Hogg, and Porterfield Nays: Council Member Tyson Mayor Saleh declared the motion carried. ITEM NO. 14 APPROVAL OF FOOD SURVEILLANCE/INSPECTION PROGRAM AGREEMENT BETWEEN THE CITIES OF EULESS AND GRAPEVINE Council Member Hogg motioned to approve an agreement between the cities of Euless and Grapevine allowing the City of Euless to provide a food surveillance/inspection program for the City of Grapevine from October 1, 1999, through September 30, 2001. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and Porterfield r.. Nays: None City Council Minutes Page 7 of 9 September 14, 1999 Mayor Saleh declared the motion carried. ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OR ORDINANCE NO. 1358 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1358 amending Chapter 42 Health and Sanitation by adopting the Texas Food Establishment Rules 25 TAC§§ 229.161-229.171, 229.173-229.175. Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1383 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1383 adopting the City of Euless water drought contingency plan. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 17 ACCEPTANCE OF RESIGNATION OF RON YOUNG FROM PLANNING AND ZONING COMMISSION AND TABLING APPOINTMENT OF A REPLACEMENT Council Member Porterfield motioned to accept the resignation of Ron Young from the Planning & Zoning Commission and table the appointment of a replacement. Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and Porterfield `�- Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 8 of 9 September 14, 1999 ITEM NO. 18 APPROVAL OF MINUTES `IV Mayor Pro Tem Miller motioned to approve the minutes of the Regular City Council Meeting of August 24, 1999, and the Special Called Meeting of September 7, 1999. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig introduced Ron Young, Assistant Public Works Director. He mentioned the new programs that Library Manager JoAnn Rogers has implemented at the Library. He thanked Finance Director Loretta Getchell and her staff on the work they did on the budget. He mentioned the Trinity River Authority pass through of $0.11 and that the fees will be revised to reflect the increase. He thanked the council for their support on the Dallas Star's lease agreement and the Patel agreement. CITY ATTORNEY City Attorney Bob McFarland stated he had nothing to report. CITY COUNCIL Council Member Tyson congratulated Police Corporal Jerry Cook. He also congratulated Mayor Saleh on her year as president of the TML Region 8. Council Member Hogg stated he was enjoying the rain and the nice weather. Mayor Pro Tern Miller welcomed Ron Young. He stated he was also proud of the Mayor. Council Member Porterfield stated he was proud of Jerry Cook, Ron Young and `�- Andrea Baxter. He also stated that he is proud to be associated with the city and that the Mayor always represents the city well. City Council Minutes Page 9 of 9 September 14, 1999 Mayor Saleh asked Loretta Getchell to tell her staff they did a great job on the __ budget, especially while working on several other projects. She stated it was nice to have the scouts and pastors back at the council meetings. She stated she attended the author presentations at the library and that approximately 80 - 100 attended. She commended JoAnn Rogers on the program. Library Manager JoAnn Rogers noted that the book sale on Sunday made approximately $1,000 and that Saturday was their busiest day ever. Mayor Saleh recessed at 8:27 p.m. ITEM NO. 20 CLOSED SESSION The Council convened into closed session at 8:42 p.m. to discuss personnel matters as authorized by Section 552.074 of the Texas Government Code. ITEM NO. 21 ADJOURNMENT The meeting reconvened into regular session and was adjourned at 9:40 p.m. APPROVED: ih, tlx-ddm2 Mary Li./ aleh Mayor ATTEST: san Crim, MC/AAE City Secretary