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HomeMy WebLinkAbout2002-03-26 MINUTES OF A REGULAR MEETING �•• OF THE EULESS CITY COUNCIL MARCH 26, 2002 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, March 26, 2002, in the Administration Building Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Carl Tyson and Council Members Leon Hogg, Bob Edwards, Charlie Miller, Glenn Porterfield and Veva Lou Massey. Closed session was held to discuss litigation, deliberation of real property, and personnel matters as authorized by Sections 551.071, 551.072, and 551.074 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 7:08 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT Now City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Police Chief Leonard Carmack, Fire Chief Lee Koontz, Director of Planning and Development Mike Collins, Director of Public Works Randy Byers, Director of Economic Development Bill Ridgway, Management Auditor Mike Groomer, Planning & Development Manager Eric Wilhite, Fleet & Facility Superintendent Kyle McAdams, Library Administrator JoAnn Rogers, Right-of-Way Consultant Albert Hall, Special Projects Manager Lou Baum, Library Secretary Karan Jasper, Facility Tech William Shafer, and Reserve Police Officer Clyde Cullum. VISITORS Harold Samuels, Jack and Corenne Hill, David Massey, Ron Hughes, Bryan Klein, Tom Hoover, Mazie Eden, David and Terry Eden Ingram, Mary Jane Spencer, Todd, Spencer, Marty Spencer, Ron Shields, Mike Grove, Richard and Barbara Girouard, Della Ferris, Ellen Schroeder, Carroll Scott, Billy Owens, John and Peggy Vandiver, Joe Koenig, Jan Franke, Stephen West, Tommy Stone, Shirley Holley, Paul Stevens, Jay Jenson, Foster McMillan, and other visitors as noted in the visitors' register. INVOCATION Pastor Gary Whitbeck, First United Methodist Church, gave the invocation. City Council Minutes Page 2 of 9 March 26,2002 PLEDGE OF ALLEGIANCE Mayor Pro Tern Tyson led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR MARCH Fleet and Facilities Superintendent Kyle McAdams introduced Facility Tech III William Shafer, and Mayor Saleh presented him with a plaque for being selected Employee of the Month for March. ITEM NO. 2 PRESENTATION EMPLOYEE SERVICE PINS Mayor Saleh stated that Firefighter/Paramedic Cliff Moore was unable to attend the meeting to receive his 5-year service pin. ITEM NO. 3 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Dorotha Tilley, Alliance for Children, proclaiming March as National Child Abuse Prevention Month. CONSENT AGENDA Council Member Porterfield motioned to approve Consent Agenda Items numbered 4 through 6. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 4 APPROVED RENEWAL OF BID NO. 2000-03 Approved renewal of Bid No. 2000-03 to TruGreen Landcare, Inc., Fort Worth, Texas, for the annual contract for mowing of the medians, city grounds and parks, in the estimated expenditure of$200,188.34. ITEM NO. 5 AWARD OF BID NO. 010-02 Awarded Bid No. 010-02 for the purchase of plant protectants and fertilizer to the following companies: (1) Lesco, Inc., Frisco, Texas, in the amount of $5,892.92; BWI, Carrollton, Texas, in the amount of $20,872.10; Estes, Inc., Dallas, Texas, in the amount of $89,506.87; and Helena Chemical, Greenville, Texas, in the amount of $14,767.20. The bids total $131,039.09, although the amount to be spent for purchase of items will not exceed budgeted amount of $96,000. City Council Minutes Page 3 of 9 March 26,2002 ITEM NO. 6 APPROVAL OF CITY COUNCIL MINUTES Approval of the minutes of the Regular City Council Meeting of March 14, 2002. REGULAR AGENDA ITEM NO. 7 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 02-01-PD AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1523 Mayor Saleh opened the public hearing at 7:15 p.m. regarding Planned Development No. 02-01-PD changing the zoning of Tract 2, G. Linney Survey, Abstract 939, located at N. Industrial Blvd. and Mid-Cities Blvd., from R-1C (Single Family Custom Dwelling District) to PD based on R-1C (Planned Development for Single Family based on R-1C Single Family Custom Dwelling District), Director of Planning & Development Mike Collins stated the applicant, ICI Development, Colleyville, Texas, is requesting planned development based on R-1 C zoning for the 21.43 acre tract. He stated that the proposed project meets all R-1 C standards, including 10,000 sq. ft. lots with 2,500 sq. ft. minimum dwelling units, with the following exceptions: (1) minimum lot width of 85 ft. from the required 100 ft.; (2) minimum front yard setback of 25 ft. from the required 30 ft.; (3) minimum rear yard of 15 ft. from the required 25 ft.; and (4) minimum side interior of 8 ft. from 10 ft. The proposed residential development would be a privately gated residential subdivision with 43 lots, with primary access and secondary emergency access located from FM 157. The lot layout is directly related to the drainage challenges treated by the topography of the property. The western two thirds of the lake will be an amenity owned by the homeowners association, and along with the open space and private streets, will be the maintenance responsibility of the association. He noted that 42 homes could be built under the R-1 C zoning without the planned development. Mayor Saleh asked for any proponents. Joe Koenig, 703 Trail Lake Drive; David Ingram, 617 Bent Tree Court; Jack Hill, 616 Bent Tree Drive; Harold Samuels, 406 Trailwood; Jan Franke, 1803 Trail Lake Drive, each spoke in favor of the request. City Attorney Bob McFarland read a letter from the co-owner of the subject property, Mazie Eden, 702 Bent Tree, stating her support of the project. Others registering their support of the project, but not wishing to speak included: Corenne Hill, 616 Bent Tree Drive; Stephen West, 707 Trail Lake Drive; Tommy Stone, 707 Trail Lake Drive; Todd Spencer, 2368 Verandah Lane, Arlington; David Massey, 613 Bent Tree Drive; Terry Eden Ingram, 617 Bent Tree Court; Ronald Shield, 1812 Bent Tree Drive; John Vandiver, 808 Clebud; Mary Jane Spencer, 828 Zelda Drive, Hurst; Marty Spencer, 2504 New Haven Court, Bedford; and Shirley Holley, 1815 Lakewood Blvd. City Council Minutes Page 4 of 9 March 26,2002 Bryan Klein, Hoover-Klein Group, 416 W. Main Street, Euless, Texas, spoke on behalf �,.. of the developer. He stated that there is a lot of topography to deal with in developing this property. The planned development allows some flexibility in the lot shapes and makes it easier to save trees and provide open space. He noted that 32% of the property is covered by the lake and open space. The dam will be permitted through state agencies, and the dam and lake maintenance will be turned over to the homeowner's association. Mayor Saleh asked for any opponents. Paul Stevens, 1811 Trail Lake Drive; Jay Jenson, 1807 Trail Lake Drive; and Foster McMillan, 605 Cypress Circle (owner of 3 lots along lake), spoke against the project citing their concerns that there will be 43 additional families with access to the lake and the development will not be tied to the same restrictive covenants. Ron Hughes, 1800 Trail Lake Drive, stated he marked opposed on the registration form tonight to be consistent with his vote on the Planning & Zoning Commission when the project was heard; although, he thinks the proposed development is a good use of the property. He asked the council to require the developers to prevent car headlights from shining into the homes of the residents across the lake. He suggested the homeowners get together to come up with a compatible use of the lake. There being no additional proponents, or opponents, Mayor Saleh closed the public ,,NW hearing at 7:57 p.m. City Attorney McFarland, explained the current zoning is R-1 C which will allow 42 lots on the property. The planned development is used when requesting variations. He stated that the city does not and cannot enforce restrictive covenants. Discussion took place regarding wrought iron fencing along the side of lots facing the lake, a way to limit headlights shining into homes across the lake, and staff reviewing the homeowners association agreement concerning maintenance of the private streets and open space. Mike Williamson, land development manager for ICI Development, agreed to meet with the homeowners of Trail Lake Estates that back up to the lake, to limit fencing along the lake to wrought iron, and to look at the project after construction to see what can be added to limit the effects of headlights. He stated they do not plan to allow boats or swimming from their side of the lake. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1523 changing the zoning of Tract 2, G. Linney Survey, Abstract 939, located at N. Industrial Blvd. and Mid-Cities Blvd., from R-1C (Single Family Custom Dwelling District) to PD based on R-1C (Planned Development for Single Family based on R-1C Single Family Custom Dwelling District), as identified on the 02-01-PD exhibits and presented with the following conditions: (1) Wrought iron fencing to be placed on the north and east side of open space located at end of Canvasback Court Cul-de-sac; (2) Wrought iron fencing only to be allowed on the lake side lot lines of lots 14, 26, 27, and 28; and City Council Minutes Page 5 of 9 March 26,2002 (3) City Attorney to review the homeowner's association agreement to be sure that street maintenance is addressed. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1524 Director of Planning and Development Mike Collins stated that Chapter 42 is being amended and replaced with new articles; Article I "Food Establishments", Article II "Day Care Centers" and Article Ill "Public Swimming Pools". Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1524 amending Chapter 42 "Health and Sanitation" of the Code of Ordinances with amendments to change the word "demand" to "require" throughout the ordinance, and to Section 42-7 (3) allowing an establishment to operate no more than twelve weekends per year and to be issued one permit per year. Mayor Pro Tern Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1525 Council Member Edwards motioned to approve the first and final reading of Ordinance 1525 amending Chapter 30 "Fees," Section 30-19 "Food and Food Service Establishments", Section 30-20 "Retail Food Stores", and adding new Section 30-24 "Day Care, Public Pools" of the Code of Ordinances. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None City Council Minutes Page 6 of 9 March 26,2002 Mayor Saleh declared the motion carried. ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1526 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1526 amending Article II "Occasional or Garage Sales" of Chapter 62 "Secondhand Goods", Renumbering Section 62-29 "Penalty for Violation of Article" to Section 62-30, and enacting a new Section 62-29 "Advertisement of Occasional Sales", of the Code of Ordinances. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1527 No., Mayor Pro Tern Tyson motioned to approve the first and final reading of Ordinance No. 1527 canceling the May 4, 2002, regular election of the City of Euless, Texas, and declaring each unopposed candidate elected to office: Mary Lib Saleh, Mayor; Leon Hogg, City Council, Place 2; and Charlie Miller, City Council, Place 4. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 APPOINTMENT OF PLANNING & ZONING COMMISSION MEMBER Council Member Hogg motioned to appoint Tony May to Place 7 on the Planning & Zoning Commission to fill an unexpired term until December 31, 2002. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, �.. Porterfield, and Massey Nays: None City Council Minutes Page 7 of 9 March 26,2002 Mayor Saleh declared the motion carried. ITEM NO. 13 REQUEST FROM RICHARD GIROUARD TO ADDRESS COUNCIL Richard Girouard addressed the council regarding the city's policies and procedures, and stated he had met with the Mayor, at her request, the day before and thanked her for taking the time to answer many of his questions regarding council trips and other items of interest. ITEM NO. 14 PUBLIC COMMENT There were no public comments. ITEM NO. 15 REPORTS CITY MANAGER City Manager Joe Hennig congratulated Mayor Saleh, Council Member Hogg and Council Member Miller on being re-elected without opposition. He stated he enjoyed working with the council. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. STAFF REPORT There was no staff report. Door prizes were drawn from those who attended all open city facilities during Open House on March 23, and the winners were: (1) Free membership at Midway Recreation Center - Aashish Chazar, 301 Fair Oaks Blvd., #627, Euless; (2) Free membership at Midway Recreation Center - Jamie Kratky, 6405 Dorchester Trail, North Richland Hills; (3) 2-hour private internet course at Euless Public Library — Roger Karhatz, 607 W. Midway, Euless; (4) 3-hour meeting room rental at Euless Public Library — Don Martin, 305 Lark Lane, Euless; (5) Basket of books from Euless Public Library— Al Simmenroth, 628 Canterbury Street, Euless; (6) 2 skating passes from Dr Pepper StarCenter — Philip Sleeman, 407 Franklin, Euless; (7) 2 skating passes from Dr Pepper StarCenter — Sheli Hartley, 6400 Dorchester Trail, North Richland Hills; (8) 2 free passes to summer musical "You're a Grand Old Flag" — Dale Eden, 513 Vine Street, Euless; and (9) 2 free passes to summer musical "You're a Grand Old Flag" — Eddie Fuller, 119 Reaves Court, Euless. CITY COUNCIL Council Member Edwards congratulated Fleet & Facilities Tech William Shafer for being selected employee of the month for March. City Council Minutes Page 8 of 9 March 26,2002 'ow Council Member Hogg congratulated William Shafer and reported that he enjoyed working at the Parks Department during the city-wide open house the previous Saturday. Mayor Pro Tem Tyson congratulated William Shafer. He also congratulated Mayor Saleh, Council Member Hogg and Council Member Miller for being re-elected. He stated he attended the Trinity Railway Transportation Summit last week in which the main emphasis was on funding for public transportation. He stated he attended the HEB Foundation of Excellence along with Council Member Hogg and Council Member Porterfield and noted that area high school students were honored at the event. Council Member Massey congratulated William Shafer, Mayor Saleh, Council Member Hogg and Council Member Miller. She attended the Police Awards Banquet, and stated the Police Department has a great group of employees. She stated she helped out at the library during Open House. She and Mayor Saleh attended the Women in Government luncheon meeting at which Congresswoman Kay Granger was the guest speaker. She stated she would be leaving tomorrow for Colombia, South America, to visit her grandchildren. Council Member Porterfield congratulated William Shafer, Mayor Saleh, Council Member Hogg and Council Member Miller. Mayor Saleh stated there was a great turnout on Saturday for the Open House. She noted there were approximately 1,500 children at the Easter Egg Hunt, and she threw the first pitch at the first softball game of the season at the Parks at Texas Star. She read the following names of the winners of the fire and police awards: 2001 Euless Fire Department Award Winners Rookie Fire Fighter of the Year Fire Fighter/Paramedic Dustin Brewer EMS Provider of the Year Fire Fighter II/Paramedic Bill Ver Steeg Employee of the Year Battalion Chief/Paramedic Jeff Morris Supervisor of the Year Lieutenant/Paramedic Keith Smith Driver Engineer of the Year Driver Engineer Steve Mayo Fire Rescue Specialist of the Year Fire Fighter II/Paramedic Richard Whitten Distinguished Unit Award Euless Fire Department Clown Unit Fire Inspector Christine Cox Fire Fighter II/Paramedic Kenny Wroblski Fire Fighter/Paramedic Brad Smith Fire Fighter/Paramedic Robert Hopkins Special Recognition Awards Erica Rodriquez Don Martin City Council Minutes Page 9 of 9 March 26,2002 N•• 2001 Euless Police Department Award Winners W. M. "Blackie" Sustaire Memorial Award Harland C. Westmoreland Michael Williamson Memorial Rookie Of the Year Award Todd W. Murphree Distinguished Service Award — Civilian Tamara D. Barnes Distinguished Service Award — Sworn James J. Gordon Civilian of the Year Award David M. Chaney Supervisor of the Year Award Gary L. Landers Police Officer of the Year Award Samiu I. Katoa ITEM NO. 16 ADJOURNMENT The meeting was adjourned at 8:50 p.m. APPROVED: l 11 (a tGt L Mary Lip Saleh, Mayor Noy ATTEST: usan Crim, C, City Secretary r..