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HomeMy WebLinkAbout2000-09-26 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL SEPTEMBER 26, 2000 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 26, 2000, in the Administration Building Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Leon Hogg and Council Members Carl Tyson, Bobby Baker, Charlie Miller, and Veva Lou Massey. Council Member Glenn Porterfield was absent. Closed session was held to discuss contemplated litigation as authorized by Section 551.071 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 7:07 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, Deputy City Secretary Becky Null, Director of Finance Loretta Getchell, Police Chief Leonard Carmack, Director of Administration Tom Cox, Director of Planning & Development Bo Bass, Fire Chief Lee Koontz, Director of Public Works Randy Byers, Assistant Director of Public Works Ron Young, Accounting Manager Janina Jewell, Planning & Development Manager Eric Wilhite, Reserve Police Officer Clyde Cullum, Communications/Marketing Manager Lori De La Cruz, and Administration Records Secretary Diane Rasor VISITORS Trey Jewell, Alex Horton, Paul Tracy, Kevin Eldridge and visitors as noted in the visitors' register. INVOCATION Mayor Saleh gave the invocation. PLEDGE OF ALLEGIANCE Cub Scout Pack No. 161 led the pledge of allegiance. City Council Minutes Page 2 of 9 September 26,2000 ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PIN New Finance Director Loretta Getchell introduced Accounting Manager Janina Jewell and her husband, Trey, and Mayor Saleh presented Janina with a 5-year service pin. CONSENT AGENDA Mayor Pro Tern Hogg motioned to approve Consent Agenda Items No. 2, 3, 4, 6, and 7 as follows: ITEM NO. 2 AWARD CONTRACT FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADE Award contract (RFP No. 2000-10) to I & C Sales, 1411 LeMay, Suite 207, Carrollton, Texas, 75007 for the upgrade of water utility's Supervisory Control and Data Acquisition (SCADA) system, in the amount of$93,400. ITEM NO. 3 APPROVAL OF EXTENSION OF A BANK DEPOSITORY CONTRACT WITH LANDMARK BANK — MID CITIES FOR AN ADDITIONAL PERIOD OF ONE YEAR Approval of the extension of a bank depository contract with Landmark Bank — Mid Cities for an additional one year beginning October 1, 2000 and ending September 30, 2001. New ITEM NO. 4 AUTHORIZE CITY MANAGER TO OBTAIN OUTSIDE COUNSEL FOR AMORTIZATION CASES Authorized the city manager to obtain outside legal counsel to assist with pending issues before the Zoning Board of Adjustments and amortization cases of non- conforming uses in an amount not to exceed $5,000. ITEM NO. 6 AWARD OF BID NO. 00-17 Award of Bid No. 00-17 to Office Depot Business Services Division for an annual contract for office supplies, in the amount of$75,000. ITEM NO. 7 APPROVAL OF MINUTES Approval of the minutes of the Regular City Council Meeting of September 12, 2000. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey :.. Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 3 of 9 September 26,2000 .•sw REGULAR AGENDA ITEM NO. 5 TABLING OF RESOLUTION NO. 00-1081 Council Member Tyson motioned to table Resolution No. 00-1081 until the council receives enough information to make a decision regarding encouraging Texas Municipal League to support changes in Texas state law to create a deposit system for glass and plastic bottles. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO 1446 Paul Tracy, Adelphia Business Solutions (ABS) of Texas, L.P., 4105 McClarry Drive, Plano, Texas, stated that they will be laying fiber optic lines to service American Airlines and will be following current utilities from west city limit line along SH10 to Westpark Way, north to SH 183, east to American Airlines Blvd. He stated they provide small business coverage, not residential. City Attorney Bob McFarland stated that Adelphia Business Solutions has an agreement with TXU Electric to follow their lines whether they are overhead or underground. He stated that the company is not considered a franchise, but a certificated carrier, and they report to the Public Utility Commission. He noted that the city receives an administrative fee from telecommunications providers. Mayor Pro Tern Hogg motioned to approve the first and final reading of Ordinance No. 1446 granting municipal consent to Adelphia Business Solutions ("ABS") of Texas, L.P., its subsidiaries and affiliates, for the use and occupancy of the city's public rights-of-way for the provision of telecommunications services. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 4 of 9 September 26,2000 ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1447 Council Member Miller motioned to approve the first and final reading of Ordinance No. 1447 adopting the Tax Roll for 2000. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 AUTHORIZE THE CITY OF EULESS POLICE DEPARTMENT TO ACCEPT A LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG '99) Police Chief Leonard Carmack stated that the grant totaling $32,565 includes a required local match totaling $3,257, which the city plans to fund from the State Drug Seizure Fund. He noted that due to a disability insurance requirement that the city does not meet, there is a 10% ($2,930.90) penalty based on the Bureau of Justice Assistance '" portion ($29,309) of the grant. The total to be received will be $26,378.10. Council Member Baker motioned to authorize the City of Euless Police Department to accept the Local Law Enforcement Block Grant for 1999 (LLEBG '99) with net amount to be received of $26,378.10 from the U.S. Department of Justice, Bureau of Justice Assistance, to be used toward the purchase of a document imaging system. Mayor Pro Tern Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 AUTHORIZE THE CITY OF EULESS POLICE DEPARTMENT TO ACCEPT A LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG '00) Police Chief Leonard Carmack stated that the grant totaling $30,805 includes a required local match totaling $3,081, which the city plans to fund from the State Drug Seizure `"�- Fund. He noted that due to a disability insurance requirement that the city does not meet, there is a 10% ($2,772.50) penalty based on the Bureau of Justice Assistance portion ($27,725) of the grant. The total to be received will be $24,952.50. City Council Minutes Page 5 of 9 September 26,2000 ,. Council Member Baker motioned to authorize the City of Euless Police Department to accept the Local Law Enforcement Block Grant for 2000 (LLEBG '00) with net amount to be received of $24,952.50 from the U.S. Department of Justice, Bureau of Justice Assistance, to be used toward the purchase of a document imaging system. Mayor Pro Tem Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 00-12- SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1442 Mayor Saleh opened the public hearing at 7:30 p.m. regarding Specific Use Permit No. 00-12-SUP and the first and final reading of Ordinance No. 1442 for the request of New Life Covenant Church for a church on Lot C, Block 1, Bear Creek Estates, in C-2 (Community Business District) zoning, located at 2501 North Main Street, `w Director of Planning & Development Bo Bass stated that the location New Life Covenant Church has requested for use as a church is in a shopping center at North Main Street and Bear Creek Drive. He noted that the Planning & Zoning Commission recommended approval with five conditions. Mayor Saleh asked for any proponents. Kevin Eldridge, 3409 Langley Hill, Colleyville, Texas, stated he was senior pastor of the church and submitted a letter regarding the use of shared parking spaces in the shopping center, as required by the Planning & Zoning Commission. There being no additional proponents, or opponents, Mayor Saleh closed the public hearing at 7:35 p.m. Council Member Baker motioned to approve the first and final reading of Ordinance No. 1442 for the request of New Life Covenant Church for a church on Lot C, Block 1, Bear Creek Estates, in C-2 (Community Business District) zoning, located at 2501 North Main Street, with the following conditions: (1) Limited to a three year term to match the three year lease being negotiated; (2) Limited to this congregation known as New Life Covenant Church; (3) The church agrees to waive any right currently, or in the future directly or indirectly, to oppose alcohol sales at the existing facility, or any other facility in the complex; (4) Staff to receive notarized, satisfactory documentation outlining the number of parking spaces on church or shopping center owner's letterhead; and (5) Limited to, specifically, suite numbers 120, 130, and 140. City Council Minutes Page 6 of 9 September 26,2000 Mayor Pro Tern Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE AMENDMENT CASE NO. 00-04-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1443 Mayor Saleh opened the public hearing at 7:36 p.m. regarding Unified Development Code Amendment No. 00-04-UDC and the first and final reading of Ordinance No. 1443 amending the Euless Code of Ordinances Chapter 84, Unified Development Code," by amending Section 84-336, "Screening Requirement," Subsection (e), "Trash Collection Areas Other Than Single-Family or Two-Family Uses" to read "Refuse/Recycling Collection Areas Other Than Single-Family or Two-Family Uses". Director of Planning & Development Bo Bass stated that this amendment would require a trash receptacle to be screened with a minimum of six foot masonry or the height of the receptacle in areas other than single family or two family. ,� There being no additional proponents, or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Member Miller motioned to approve Unified Development Code Amendment No. 00-04-UDC and the first and final reading of Ordinance No. 1443 amending the Euless Code of Ordinances Chapter 84, Unified Development Code," by amending Section 84-336, "Screening Requirement," Subsection (e), "Trash Collection Areas Other Than Single-Family or Two-Family Uses" to read "Refuse/Recycling Collection Areas Other Than Single-Family or Two-Family Uses". Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 7 of 9 September 26,2000 ITEM NO. 14 HOLD PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE AMENDMENT CASE NO. 00-05-UDC AND CONSIDER FIRST AND FINAL READING OF ORDINANCE NO. 1445 Mayor Saleh opened the public hearing at 7:39 p.m. regarding Unified Development Code Amendment No. 00-05-UDC and the first and final reading of Ordinance No. 1445 amending the Euless Code of Ordinances Chapter 84, "Unified Development Code," by amending Section 84-7, "Definition and Word Usage," with respect to the definition of manufactured or mobile homes, manufacturing home rental community, and manufactured home subdivision, and amending Section 84-106, "MH Mobile Home District," conforming such sections to recent modifications of the Texas Manufactured Housing Standards Act. Director of Planning & Development Bo Bass stated that the Unified Development Code was being amended to comply with state law regarding the definition of manufactured housing and mobile homes. There being no proponents, or opponents, Mayor Saleh closed the public hearing at 7:40 p.m. Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1445 amending the Euless Code of Ordinances Chapter 84, "Unified Development Code," by amending Section 84-7, "Definition and Word Usage," with respect to the definition of manufactured or mobile homes, manufacturing home rental community, and manufactured home subdivision, and amending Section 84-106, "MH Mobile Home District," conforming such sections to recent modifications of the Texas Manufactured Housing Standards Act. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15 PUBLIC HEARING REGARDING CODE OF ORDINANCE AMENDMENT CASE NO. 00-08-CC AND CONSIDER FIRST AND FINAL READING OF ORDINANCE NO. 1448 Mayor Saleh opened the public hearing at 7:42 p.m. regarding Code of Ordinance Amendment No. 00-08-CC and the first and final reading of Ordinance No. 1448 amending Article II, "Grass and Weeds," of Chapter 46, "Nuisances," Sections 46-26 through 46-28, and amending Article I, "In General," of Chapter 14, "Buildings and Building Regulations," of the Euless Code of Ordinances to add a new Section 14-5, "Repair, Removal, or Demolition of Dangerous Building, Structure or Part Thereof Required; Abatement by City". City Council Minutes Page 8 of 9 September 26,2000 Director of Planning & Development Bo Bass stated that the Code of Ordinance �.. amendment expands the city's authority to abate dangerous conditions on private property, and to assess abatement costs against the property. There being no proponents, or opponents, Mayor Saleh closed the public hearing at 7:43 p.m. Council Member Baker motioned to approve the first and final reading of Ordinance No. 1448 amending Article II, "Grass and Weeds," of Chapter 46, "Nuisances," Sections 46- 26 through 46-28, and amending Article I, "In General," of Chapter 14, "Buildings and Building Regulations," of the Euless Code of Ordinances to add a new Section 14-5, "Repair, Removal, or Demolition of Dangerous Building, Structure or Part Thereof Required; Abatement by City". Mayor Pro Tem Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Tyson, Baker, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 PUBLIC COMMENT There was no public comment. ITEM NO. 17 REPORTS CITY MANAGER City Manager Joe Hennig had nothing to report. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. CITY COUNCIL Council Member Massey congratulated Accounting Manager Janina Jewell on receiving her 5-year service pin. Council Member Miller had nothing to report. Council Member Baker had nothing to report. City Council Minutes Page 9 of 9 September 26,2000 Mayor Pro Tern Hogg congratulated Janina Jewell. He noted that he rode the Trinity N„„ Railway Express on the first day of operation and that it was a very enjoyable trip. He noted that he was on the Channel 11 news shot of the event. Council Member Tyson also congratulated Janina Jewell. He thanked the city council and employees for their thoughts and prayers while he was in the hospital. Mayor Saleh congratulated Janina Jewell and also congratulated Council Member Glenn Porterfield who was elected a director of the HEB Chamber of Commerce. ITEM NO. 18 ADJOURNMENT The meeting was adjourned at 7:48 p.m. APPROVED: iat �pL �) a Mary Lib Seh Mayor ATTEST: • • Susan Crim, • MC City Secretary