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HomeMy WebLinkAbout2002-08-27 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL AUGUST 27, 2002 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, August 27, 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. Precouncil discussion was held on agenda items and other scheduled items. Closed session was held to discuss contemplated litigation and personnel matters as authorized by Sections 551.071 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 7:10 p.m. for the consideration of scheduled items. New STAFF MEMBERS PRESENT 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 Battalion Chief/EMS Jeff Morris, Director of Planning and Development Mike Collins, Director of Fiscal and Administrative Services Loretta Getchell, Director of Economic Development Bill Ridgway, Director of Public Works Ron Young, Fire Battalion Chief John O'Brien, Interim Director of Parks & Community Services Ray McDonald, Planning and Development Manager Eric Wilhite, Finance Administrator Vicki Rodriquez, Special Projects Manager Lou Baum, Library Administrator JoAnn Rogers, Special Events Coordinator Glenda Hartsell-Shelton, Community Services Finance Manager Gary Yakesh, Fire Lieutenant Danny Phillips, Fire Lieutenant Zane Cruze, Driver Engineer Tommy Rush, Softball World General Manager Rick Lyle, and Communications/Marketing Manager Lori De La Cruz. VISITORS Ellen Schroeder, Alex Horton, Dr. James Dzandu, Tommy Kline, Bill Reese, Tish Puckett, and other visitors as noted in the visitors' register. INVOCATION Pastor Danny Holifield, Sheppard Drive Baptist Church, gave the invocation. City Council Minutes Page 2 of 12 August 27, 2002 PLEDGE OF ALLEGIANCE Council Member Porterfield led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR SEPTEMBER Mayor Saleh stated that Tammy Renteria, Secretary in the Human Resources and Insurance Department was unable to attend the meeting to receive her plaque. ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS Interim Parks and Community Services Director Ray McDonald introduced Special Events Coordinator Glenda Hartsell-Shelton, and Mayor Saleh presented her with a 5- year service pin. Fire Battalion Chief/EMS Jeff Morris introduced Fire Lieutenant Danny Phillips, and Mayor Saleh presented him with a 25-year service pin. ITEM NO. 3 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Dr. James Dzandu with the Sickle Cell Disease Association of America, proclaiming September, 2002, as National Sickle Cell Disease Awareness Month. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Items numbered 4 through 7. Council Member Porterfield 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. 4 APPROVAL OF RESOLUTION NO. 02-1131 Approved Resolution No. 02-1131 authorizing the city manager to execute an electric supply agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc. (CAPP), for deliveries of electricity effective January 1, 2003. ITEM NO. 5 APPROVAL OF EXTENSION OF INTERLOCAL AGREEMENT Approved the extension of an interlocal agreement for participation in Fort Worth's Environmental Collection Center, Household Hazardous Waste Program from October 1, 2002, through September 30, 2003 at an approximate cost of$15,000. City Council Minutes Page 3 of 12 August 27,2002 ITEM NO. 6 AWARD OF BID NO. 019-02 Awarded Bid No. 019-02 to Gilco Contracting, Inc., P. O. Box 24442, Fort Worth, Texas, 76124, in the amount of $426,534.45 for construction of street and drainage improvements for Gateway Boulevard from Mid-Cities Boulevard to south of Centurion Way. Also included are two drive approaches on FM 157 north of Mid-Cities Blvd. and a median opening, turn lane, and drive approach on Mid-Cities Blvd., west of Gateway. A contingency in the amount of $25,000 is also provided to cover possible change orders or quantity changes. ITEM NO. 7 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of August 13, 2002. REGULAR AGENDA ITEM NO. 8 PUBLIC HEARING FOR EULESS DEVELOPMENT CORPORATION BUDGET FOR FY 2002-2003 Mayor Saleh opened the public hearing at 7:22 p.m. for the Euless Development Corporation Budget for Fiscal Year 2002-2003. Director of Finance Loretta Getchell stated that the Euless Development Corporation met on August 12, and held a public hearing and approved the budget as submitted. The budget includes $2,313,530 in anticipated revenues from the one-half cent sales tax and earned interest and operating expenditures of$2,282,326. Capital expenditures in the amount of $660,054, are recommended from excess reserves with total expenditures being $2,942,380. This budget provides funding for the parks, the library, and economic development. The only increase from the previous year in the operating budget is the salary package of approximately 4%. New capital items recommended by the Board include aerial photos at $15,000, library materials at $75,000, and funding for Phase III of the Parks at Texas Star in the amount of $350,000, with the balance of the project estimated to cost $1,250,000 to be funded from the car rental fund. Other capital items carried forward from the current year totaled $220,054 and include advertising, media upgrades, library materials, irrigation and upgrades to the library automation system. This budget would provide for an ending fund balance of $574,677, which meets the minimum level recommended by the Board. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:25 p.m. ITEM NO. 9 APPROVAL OF EULESS DEVELOPMENT CORPORATION BUDGET FOR FY 2002-2003 Council Member Porterfield motioned to approve the Euless Development Corporation Budget for Fiscal Year 2002-2003. Council Member Hogg seconded the motion. City Council Minutes Page 4 of 12 August 27, 2002 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. 10 PUBLIC HEARING FOR OPERATING BUDGET FOR FY 2002-2003 Mayor Saleh opened the public hearing at 7:26 p.m. for the City of Euless Operating Budget for Fiscal Year 2002-2003. Director of Finance Loretta Getchell stated that the proposed general fund budget includes anticipated revenues of $22,512,025 and proposed expenditures of $22,232,176. Baseline expenditures were reduced overall by approximately $300,000 with increases for personnel and benefit costs. The proposed budget includes a salary package of approximately 4%. The tax rate is proposed to remain unchanged at $0.497254. The water and sewer fund budget includes anticipated revenues of $12,754,618 and proposed expenditures of $12,746,473. The car rental fund budget includes revenues/use of prior year receipts of $14,162,800 and expenditures of $11,639,969. This includes reimbursement to Dallas and Fort Worth of $7,000,000, a transfer to the general fund of $730,020, transfer for debt service of $205,440, transfer for equipment purchases of $430,959, and capital expenditures of $3,273,550. Capital expenditures include renovation of Building A, Phase Ill of the Parks at Texas Star, preliminary design work on Fire Station No. 3, youth ballfield, parking for Bob Eden Park, monument sign program, funding for a 50-year celebration, and funding for several drainage projects. All funds are balanced with emphasis on maintaining a 60- day reserve for governmental funds and a 75-day reserve for enterprise funds. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:30 p.m. ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1546 Council Member Miller motioned to approve the first and final reading of Ordinance No. 1546 adopting the official Operating and Capital Budget for the City of Euless for the fiscal year beginning October 1, 2002, and ending September 30, 2003; amending the budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002. 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. City Council Minutes Page 5 of 12 August 27, 2002 ITEM NO. 12 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1547 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1547 adopting an ad valorem tax rate of $0.497254 per $100 valuation on all taxable property within the City of Euless for the year 2002. Council Member Massey 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. 13 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1548 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1548 adopting the tax roll for 2002. Mayor Pro Tern Tyson seconded the motion. `om. 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. 14 PUBLIC HEARING AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1549 Mayor Saleh opened the public hearing at 7:35 p.m. regarding Zoning Case No. 02-03- PD for a Planned Development of Lots 1, 2, 3 and 4, Block B, Westpark II, from C-2 (Community Business District) zoning to PD (Planned Development) based on R-1 L (Single Family Limited Dwelling District) zoning. Director of Planning and Development Mike Collins, stated that First Community Realty is the owner of the property and Tommy Kline will be the developer. He stated that the proposed rezoning of the 13.228 acres is to allow development of single family limited housing on 72 lots. An additional lot will be used for a detention/retention pond. Tommy Kline, developer, 12311 Marbrook, Dallas, Texas, stated that a previous owner zig-zagged the fence along the southern boundary to go around large trees. They have decided to leave the fence and deed the extra property to the property owners along Kynette at the time of platting. City Council Minutes Page 6 of 12 August 27, 2002 Bill Reese, CB Richard Ellis Company, 5430 LBJ Freeway, Suite 1100, Dallas, Texas, 75240, representing First Community Realty, stated their support for the request. Jay Childs, 1761 International Parkway, Suite 115, Richardson, Texas, 75081, engineer for developer, stated he was at the meeting to answer any questions. Evan Cottrell, 713 Live Oak Drive, Euless, stated that the developer has worked well with the citizens in addressing the fencing and drainage issues and that the homeowner's group no longer opposes the project. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:00 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1549 for Zoning Case No. 02-03-PD for a Planned Development of Lots 1, 2, 3 and 4, Block B, Westpark II, from C-2 (Community Business District) zoning to PD (Planned Development) based on R-1 L (Single Family Limited Dwelling District) zoning, subject to the following conditions: (1) Lot A, designated as common area, being a detention/retention pond with a fountain; and (2) If the lots on the south side of Sharpsbury Drive whereby a line of site is created to the homes on the north side of Kynette by virtue of the developer having removed trees, the homes will be restricted to one story. Council Member Massey 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. 15 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 1550 Mayor Saleh opened the public hearing at 8:07 p.m. regarding Ordinance No. 1550 amending Chapter 84 "Unified Development Code" of the Code of Ordinances requiring the conservation of trees. Director of Planning and Development Mike Collins stated that staff is recommending that a new Tree Preservation Section be added to contain the following major provisions: (1) A "protected tree" would be 18 caliper inch or greater and would include regionally recognized species of hard woods, including oak, pecan, elm, and pine; (2) Protected trees located in public rights-of-way necessary for public improvements are exempt (3) Every effort would be made in the site planning process to save such a tree, even if it means not developing under the tree. Consideration would be given to `�- variances from development standards that did not pose life/safety risk in order to preserve a protected tree; (4) If a protected tree is removed for new development or existing commercial property, it would be replaced with 0.75 inch of native or adapted City Council Minutes Page 7 of 12 August 27, 2002 species and/or contribution to a tree fund made; (5) No construction activity can encroach within 25% of the drip line. All necessary precautions will be taken to preserve the tree, during and after construction; (6) No protected tree 36 caliper inch or greater, or species of significance, on developed or undeveloped property, can be removed without city council approval. If approved, it would be replaced with 2.0 inch of native or adapted species and/or contribution to the tree fund. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:11 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1550 amending Chapter 84 "Unified Development Code" of the Code of Ordinances requiring the conservation of trees. Council Member Edwards seconded the motion with the following amendments to the ordinance: 1. On page 6, Section 84-372 (c)(6) to read: "Removal of an Historic or Trophy Tree on any property other than existing single family requires City Council approval." 2. On page 7, (d)(7) to read: "Tree removal in publicly owned rights-of-way required in order to maintain visibility triangles (See Section 84-443 (15), or necessitated by the construction or reconstruction of roadways, drainage facilities, water ""r facilities, wastewater facilities or traffic signals, or for compliance with existing regulations of other governmental entities." 3. On page 8, Section 84-374 (a)(1)(a) to read: "For every one (1) caliper inch of Protected Trees removed, destroyed, or effectively destroyed, the number of replacement trees must equal 0.75 caliper inch not to exceed total of 32 caliper inches for a residential lot or 100 caliper inches per acre for commercial property." 4. On page 8, Section 84-374 (a)(2)(a) to read: "For every one (1) caliper inch of Historic, Trophy, or Specimen trees removed, destroyed, or effectively destroyed, the number of replacement trees must equal 2.0 caliper inch and each additional incremental part thereof not to exceed 72 caliper inches for residential and 150 caliper inches per acre of undeveloped property." 5. On page 9, (c) to read: "Maintenance All trees shall be maintained in a healthy condition according to the seasons of the year. If a tree required by this Article dies within two years, it shall be replaced according to the replacement conditions of this Article. All landscaping shall be maintained according to Section 84-334 (k) Maintenance." 6. On page 12, Section 6, Relationship to Other Laws, the last sentence to read, "If "••- other ordinances are stricter than this ordinance, then Section 84-374 shall not apply." City Council Minutes Page 8 of 12 August 27,2002 Council Member Hogg agreed to the amendments. Mayor Saleh stated that she did not agree with Section 84-375 (b) (4) and requested it read: "No equipment shall be serviced, moved, stored, or cleaned within the drip line of any trees to be retained." Council Members Hogg and Edwards agreed to this amendment. Mayor Saleh stated she did not agree with the permit fee proposed. After discussion, it was noted that residential homeowners would be exempt from the permit by one of the amendments made by Council Member Edwards. Mayor Pro Tern Tyson stated that staff did a good job in working on this ordinance; however, he did not agree that a tree ordinance was needed. He stated that all of the undeveloped land left has drainage problems and that a developer will save the trees if he can, because it makes the land more valuable. Council Member Hogg stated that this would not hurt developers on drainage issues. It would only require them to replace trees if they had to remove any. Council Member Miller stated that whatever is currently being done is working; developers are building in Euless and homes are being purchased, and he did not see a need to complicate matters with additional ordinances. He noted that commercial developments are adding trees and stated that First Baptist Church was an example. He then called for the question. Ayes: Council Members Hogg, Edwards, and Porterfield Nays: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Miller, and Massey Mayor Saleh declared the motion failed. ITEM NO. 16 CONSIDER A MOTION TO REMOVE ORDINANCE NO. 1536 FROM THE TABLE At the direction of the city attorney, this item was not considered. ITEM NO. 17 PUBLIC HEARING AND APPROVAL OF FIRST READING OF ORDINANCE NO. 1536 Mayor Saleh opened the public hearing at 8:44 p.m. regarding Ordinance No. 1536 amending the Code of Ordinances, Chapter 84, "Unified Development Code", Article V, "Off-Street Parking, Loading and Driveway Standards, Section 84-201(h)(8) "Required parking for one- and two-family dwellings." Director of Planning and Development Mike Collins stated that currently, if a citizen proposed to enclose their one or two car garage, they must do so based on the following requirements: (1) Building official approval based on review of construction plans; (2) provide two covered parking spaces, and if a carport is constructed in front, it City Council Minutes Page 9 of 12 August 27, 2002 shall not encroach within building setback; (3) parking located in front must be on a paved concrete surface; and (4) parking on the side or rear must be screened with landscaping and wood fencing, respectively. Individuals who desire to enclose their existing garages find these requirements difficult to achieve because of site constraints. When completed, the appearance of the carport can be of questionable aesthetic value to the home and to the neighborhood. The Zoning Board of Adjustment is asked to consisder granting variances to applicants, when the situation is clearly a self-induced hardship. Therefore, staff is recommending that amendments be made to Section 84- 201 (h)(8) of the Unified Development Code that will accomplish two goals: (1) Continue requirement that all new residential single-family construction provide two covered parking spaces; and (2) Allow garage enclosures only in R-1 zoned property and require that two concrete paved parking spaces and areas necessary to access the required parking be concrete paved be provided. The requirement to provide covered parking would be elminated. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:46 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1536 amending the Code of Ordinances, Chapter 84, "Unified Development Code", Article V, "Off-Street Parking, Loading and Driveway Standards, Section 84-201(h)(8) "Required parking for one- and two-family dwellings". Council Member Massey seconded the motion. Council Member Miller asked how this ordinance amendment affects the exception made for Midway Park City Manager Hennig stated that some of the Midway Park housing may have enough paved parking for two cars and others may have to pour additional concrete to provide for two cars if garages are enclosed. He noted that it did not, however, prevent residents from parking in their yards. Mike Collins agreed and stated that what is currently on the ground is grandfathered. Mayor Pro Tem Tyson stated that he believed a property owner has a right to do anything that he wants to with that property. However, the state gives cities the right to limit what a person does with his property if it affects the neighborhood. The proposed ordinance will encourage residents to enclose their garages, which affects the neighborhood, and cars will be seen everywhere. He believed that to be a detriment to the remainder of the residents. Council Member Edwards stated that although he realizes garages are generally enclosed to give homeowners more living space, he is concerned that the values of properties are being decreased when garages are enclosed. Therefore, he is not in favor of liberalizing the ability of a homeowner to enclose a garage. Mayor Pro Tem Tyson stated that R-1 has gone from 50 foot wide to 100 foot wide lots and the ordinance will not be applied as a standard across the city. City Council Minutes Page 10 of 12 August 27, 2002 Council Member Miller stated he believed it should be allowed in R-1 L zoning if allowed in R-1. Council Member Hogg called for the question. Ayes: Mayor Saleh, Council Members Hogg, Porterfield, and Massey Nays: Mayor Pro Tern Tyson, Council Members Edwards and Miller Mayor Saleh declared the motion carried. NOTE: The second reading will be considered at the September 10, meeting due to the lack of five affirmative votes. ITEM NO. 18 TABLED APPOINTMENTS TO THE CRIME CONTROL AND PREVENTION DISTRICT BOARD Mayor Pro Tern Tyson motioned to table appointments to the Crime Control and Prevention District Board. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey v.. Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19 PUBLIC COMMENT Tish Puckett, 4103 Pebble Creek, addressed the council regarding a sewer line problem at her home. ITEM NO. 20 REPORTS CITY MANAGER City Manager Joe Hennig thanked the mayor, city council, and citizens for their support during the budget process and he said that he is pleased the budget is balanced with no tax increase. He stated it is one of the most aggressive budgets regarding infrastructure since he's been with the city. He also thanked Loretta Getchell, the finance staff, and Gary McKamie for all their work regarding the reductions in this year's budget and on preparing next year's budget. He noted that the Baillargeon Audi Dealership was recently approved by the auto maker to be located in Euless on SH 183. City Council Minutes Page 11 of 12 August 27, 2002 CITY ATTORNEY City Attorney Bob McFarland had nothing to report. STAFF REPORT Softball World General Manager Rick Lyle gave a report on the successful year at Softball World and some of the tournaments to be held in the future. He stated that in spite of the downturn in many softball facilities, Softball World is having a good year. CITY COUNCIL Council Member Edwards congratulated Glenda Hartsell-Shelton and Danny Phillips on receiving their service pins. He noted it is good the council did not have to raise taxes or lay off any employees. He thanked staff for working hard on the budget. Council Member Miller also congratulated Glenda Hartsell-Shelton and Danny Phillips on receiving their service pins. He agreed that staff worked hard on keeping a balanced budget. He thanked Rick Lyle for his management of Softball World and noted that Rick is known nationally because of his talents in managing that facility. Council Member Porterfield congratulated Glenda Hartsell-Shelton and Danny Phillips. Council Member Massey congratulated Glenda Hartsell-Shelton and Danny Phillips on `�- receiving their service pins and thanked Rick Lyle for his report. She complimented Municipal Court Judge Lacy Britten and the police department for holding seminars for teens. She reminded the citizens of their opportunity to apply for board and commission positions. Mayor Pro Tern Tyson congratulated Glenda Hartsell-Shelton and Danny Phillips. He stated he attended the kick-off for the 2003 Games to be held in the area, and noted it was a good event. He stated he also attended the TML Region 8 meeting in Hurst and heard State Representative Todd Smith, a former Euless council member. He stated that the budget is very good and the directors are heroes for holding spending down. Mayor Saleh noted that the 5th Citizen Fire Academy and the 16th Citizen Police Academy will be starting in September. She stated she appreciated the citizens and staff. ITEM NO. 21 CLOSED SESSION Mayor Saleh recessed the open meeting at 9:25 p.m. to reconvene in closed session to continue discussion of contemplated litigation and personnel matters as authorized by Sections 551.071 and 551.074 of the Texas Government Code. City Council Minutes Page 12 of 12 August 27,2002 ITEM NO. 22 ADJOURNMENT The meeting reconvened in open session and was adjourned at 9:55 p.m. APPROVED: lit 1 t � IL ; r.(c � Mary Lib SIeh Mayor ATTEST: ir usan Crim, City Secretary r..