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HomeMy WebLinkAbout1999-11-09 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 9, 1999 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Pro Tern Charlie Miller at 4:10 p.m. on Tuesday, November 9, 1999, in the Administration Building Downstairs Conference Room. Those present included: Mayor Pro Tem Charlie Miller and Council Members Carl Tyson, Leon Hogg, Bobby Baker, Glenn Porterfield and Katie Edwards. Mayor Mary Lib Saleh was absent. 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 7:02 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 Planning & Development Bo Bass, Director of Economic Development Andrea Baxter, Director of Administration Tom Cox, Director of Public Works Randy Byers, Director of Community Services Rick Herold, Assistant Director of Public Works Ron Young, Engineer Gary Johnson, Public Works Equipment Operator Larry Atkinson, Parks Horticulturist/Foreman Jimmy Beck, Communications/Marketing Manager Jenny Kratz, Reserve Police Officer Clyde Cullum, and Deputy City Secretary Becky Null. Visitors Connie Atkinson, Sondra and Tyler Beck, Rick Vaughn, Stephen Bell, Carroll Scott, and other visitors as noted on the visitor's register. INVOCATION Rev. Stephen Bell, Christcenter Church, gave the invocation. PLEDGE OF ALLEGIANCE Girl Scout Troop#1568 led the Pledge of Allegiance. City Council Minutes Page 2 of 8 November 9, 1999 ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR NOVEMBER Director of Public Works Randy Byers introduced Public Works Equipment Operator Larry Atkinson and his wife, Connie, and Mayor Pro Tern Miller presented him with a plaque. ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PIN Director of Community Services Rick Herold introduced Parks Horticulturist/Foreman Jimmy Beck, his wife, Sondra, and son, Tyler. Mayor Pro Tern Miller presented him with a 20-year service pin. Consent Agenda Consent agenda Items No. 3 through 7 were approved as follows: ITEM NO. 3 AWARD OF BID NO. 99-P-30 Award of Bid No. 99-P-30 to Bryne Software Technologies, Inc., 732A Crown Industrial Court, Chesterfield, Missouri, 63005, in the amount of $37,300.00 for medical/dental insurance claims processing software. ITEM NO. 4 APPROVAL AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF AN INTERLOCAL AGREEMENT Approval authorizing the city manager to execute the second one-year extension of an interlocal agreement for participation in Fort Worth's Environmental Collection Center, Household Hazardous Waste Program from January 1, 2000 through September 30, 2000, in the estimated expenditure of$10,000. ITEM NO. 5 AWARD OF BID NO. 99-29 Award of Bid No. 99-29 to Trend Offset, 2323 McDaniel Drive, Carrollton, Texas, 75006, in the amount of$47,119, for the printing of the Euless Today publication. ITEM NO. 6 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1393 Approval of first and final reading of Ordinance No. 1393 amending Article II "Ad Valorem Tax" of Chapter 78 "Taxation" of the Code of Ordinances by adding a new Section 78-33 authorizing additional penalty of 15% on delinquent taxes after June of each year. ITEM NO. 7 APPROVAL OF MINUTES Approval of the minutes of the Regular City Council Meeting of October 26, 1999. City Council Minutes Page 3 of 8 November 9, 1999 Council Member Baker motioned to approve Consent Agenda Item Nos. 3 — 7. Council Member Tyson seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. Regular Agenda ITEM NO. 8 APPROVAL OF SITE PLAN NO. 99-08-SP Director of Public Works Bo Bass stated that the property was rezoned from C-1 (Neighborhood Business District) to C-2 (Community Business District) and a Specific Use Permit was issued to Kwik Industries for a dry cleaning plant on May 11, 1999. Stipulations for the SUP were that the cleaning system be maintained as a closed system and that the SUP was approved for as long as Kwik Industries remains a lien holder on the property. He noted that Kwik Industries has submitted documentation for both stipulations. Council Member Porterfield motioned to approve Site Plan No. 99-08-SP for a dry cleaning plant on a portion of Lot 3, Block 3, Oak Forest Addition, located at North Main Street and Fair Oaks. Council Member Edwards seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 9 APPROVAL OF FIRST READING OF ORDINANCE NO. 1371 Director of Economic Development Andrea Baxter stated that staff currently manages the right-of-way in the city through the use of policies and it was felt important to strengthen the city's ability to manage the right-of-way especially in regard to the location and installation of utilities. Staff has worked extensively with TXU Electric and Gas, and has spoken with the other utilities, and requests approval of ordinance as submitted. Rick Vaughn, TXU Electric & Gas Area Manager, 200 N. Ector Drive, Euless, �-- Texas, thanked staff and city council on working with them on this ordinance since it affects their business greatly. He stated that TXU would prefer working entirely on the merits of their franchise agreement; however, he realizes that is City Council Minutes Page 4 of 8 November 9, 1999 not an option. He asked that careful consideration be given to Section 2 (I) that has to do with underground utilities and the location of their facilities on property owners' lots. He stated that his company needs appropriate access to their facilities whether they are in the front or rear of the property. There is a real concern with this issue on the smaller lots, which are being approved more frequently. It has become more difficult to access the facilities needing maintenance. He requested that reasonable access be stated in the ordinance to include reasonable vehicle access. He also asked that an item be added to require utility providers be included in the platting process to ensure that reasonable easement access be provided. Council Member Baker asked how the franchise agreement handled access. City Attorney Bob McFarland stated that it has always been presumed that the utility company has the right to reasonable entry to access their facilities even if that meant taking down fences or shrubs. He noted that they have always been good about restoring the right-of-way to a greater extent than the law would have required. In his opinion, reasonable access would mean reasonable equipment access. Mr. Vaughn stated that although they are involved in the plat review process, he would like assurance that the Planning & Zoning Commission will not change the easements during plat approval once the utility companies have signed off. City Attorney McFarland stated that the P & Z Commission's only authority is to approve a plat if it meets the Unified Development Code standards. They do not have the authority to request changes to a plat that meets UDC standards. After additional discussion, Mayor Pro Tem Miller stated that he preferred the utility lines and transformers be located in the rear of property. Director of Development Andrea Baxter stated that the exception needed to stay in the ordinance because it may be difficult to require the location in the rear or property that backs up to a creek and most of the land left is the most difficult to develop. After discussion regarding removing the exception it was noted that a planned development would allow for an exception. Council Member Edwards motioned to approve the first reading of Ordinance No. 1371 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", with amendments to page 6, (2) Construction Standards (I) by removing the words in the second sentence, "unless the Director of Public Works approves an exception, which approval will not be unreasonably withheld." and by adding the word "equipment" to read �-- "ensure reasonable equipment access" in the third sentence. City Council Minutes Page 5 of 8 November 9, 1999 Council Member Tyson seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Porterfield, and Edwards Nays: Council Members Hogg and Baker Mayor Pro Tem Miller declared the motion carried. NOTE: The lack of five affirmative votes requires a second reading of this ordinance. ITEM NO. 10 APPROVAL OF RESOLUTION NO. 99-1042 Council Member Edwards motioned to approve Resolution No. 99-1042 casting all 27 votes for Mike Davis as Director on the Tarrant County Appraisal District Board of Directors for a two-year period beginning 1/1/2000. Council Member Baker seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None `` Mayor Pro Tern Miller declared the motion carried. ITEM NO. 11 PUBLIC HEARING FOR RECOVERY OF DEMOLITION COSTS FOR THE RESIDENCE AT 1302 WOODRIDGE CIRCLE Mayor Pro Tem Miller opened the public hearing at 8:05 p.m. regarding the recovery of demolition costs for the residence at 1302 Woodridge Circle. City Secretary Susan Crim stated that a public hearing is required to hear the report of demolition costs and any objections or protests. The proper notice of this hearing was published, posted on the property and served by certified mail to the property owner. Written objections or protests are required to be submitted prior to the time of the hearing and none were received. There being no proponents or opponents, Mayor Pro Tern Miller closed the public hearing at 8:06 p.m. ITEM NO. 12 ACCEPTANCE OF CORRECTNESS OF CHARGES FOR DEMOLITION OF THE STRUCTURE AT 1302 WOODRIDGE CIRCLE Council Member Tyson motioned to accept the correctness of charges of $8,000 for the demolition of the residence at 1302 Woodridge Circle. City Council Minutes Page 6 of 8 November 9, 1999 Council Member Edwards seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 13 ASSESS CHARGES AGAINST THE PROPERTY FOR THE RESIDENCE AT 1302 WOODRIDGE CIRCLE Council Member Edwards motioned to assess demolition charges against the property for the residence at 1302 Woodridge Circle. Council Member Hogg seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tem Miller declared the motion carried. `a' ITEM NO. 14 DENIAL OF RESOLUTION NO. 99-1043 Council Member Porterfield motioned to deny Resolution No. 99-1043 which would authorize installment payments of demolition assessments against the residence at 1302 Woodridge Circle. Council Member Edwards seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tem Miller declared the motion carried. ITEM NO. 15 CONFIRMED ASSESSMENT, ORDERED THE ASSESSMENT TO BE RECORDED ON ASSESSMENT ROLL AND IN THE OFFICE OF THE COUNTY CLERK FOR THE RESIDENCE AT 1302 WOODRIDGE CIRCLE Council Member Hogg motioned to confirm the assessment and ordered the assessment to be recorded on assessment roll and in the office of the County Clerk for the residence at 1302 Woodridge Circle. City Council Minutes Page 7 of 8 November 9, 1999 Council Member Edwards seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 16 APPOINTMENT OF BOARD AND COMMISSION MEMBERS Council Member Tyson motioned to appoint Tammy Hawley and Dr. Gayla Maas to the Animal Shelter Advisory Board, effective immediately, and Bill Eberle and Frank Carbone to the Economic Development Advisory Board effective January 1, 2000 with a term to expire on December 31, 2000. Council Member Porterfield seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Porterfield and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 17 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig commended Mayor Pro Tern Miller on the job he did filling in for the mayor tonight. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. CITY COUNCIL Council Member Edwards congratulated Larry Atkinson and Jimmy Beck. She stated she attended the Library Gala at Texas Star and that there was a good turnout. She stated that approximately $12,000 was raised for public art. City Council Minutes Page 8 of 8 November 9, 1999 Council Member Porterfield congratulated Larry Atkinson and Jimmy Beck. He stated that he was not surprised that Larry started in the parks department. He noted that he also attended the Library Gala and that the fundraising effort was well done and well received. Council Member Tyson also congratulated Larry Atkinson and Jimmy Beck. He commended the city manager's policy that tends to keep long-term employees. He stated he attended City Attorney Bob McFarland's park dedication. He enjoyed the ceremony and stated he is glad Bob is our city attorney. Council Member Hogg stated he attended the Tish Hinojosa concert and there was a great turnout. He stated upcoming concerts are selling out fast. Council Member Baker also congratulated Larry Atkinson and Jimmy Beck. He stated that Jimmy does an outstanding job as the city's horticulturist. Mayor Pro Tem Miller stated he went to the Trinity vs. Bell high school football game and that Trinity won. He noted that he participated in the Dallas Partnership Walk, an event held by the Aga Kahn Foundation, U.S.A. The theme this year was "Today's Health, Tomorrow's Wealth." ITEM NO. 30 ADJOURNMENT r.. The meeting was adjourned at 8:18 p.m. APPROVED: i & Mary Lib aleh Mayor ATTEST: Susan Crim, r MC/AAE City Secretary