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HomeMy WebLinkAbout2002-10-22 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL OCTOBER 22, 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, October 22, 2002, in the Administration Building Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tem 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. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers, 201 N. Ector Drive, at 7:10 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT `taw City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Planning and Development Mike Collins, Director of Economic Development Bill Ridgway, Director of Public Works Ron Young, Fire Chief Lee Koontz, Police Chief Leonard Carmack, Assistant Police Chief Bob Freeman, Fire Battalion Chief Jeff Morris, Interim Director of Parks & Community Services Ray McDonald, Texas Star General Manager Glenda Hartsell-Shelton, Planning Manager Eric Wilhite, City Engineer Robert Barker, Fire Captain Ronnie McClendon, Police Lieutenant Mike Brown, Fire Lieutenant Scott Stamps, Police Sergeant Eric Starnes, Special Projects Manager Lou Baum, Utility Billing Manager J. T. Ackerman, Library Administrator JoAnn Rogers, Animal Control Supervisor Larry James, Animal Control Officer Larry Atkinson, Public Works Field Tech II Chuck Williams, Firefighter/Paramedic Scott Evans, Parks Field Tech Ill Cary Stevenson, Police Corporal Robert Powell, Volunteer Coordinator Jerry Poteet, Water Clerk Inga Langi, Water Clerk Kalene Hale, Library Secretary Karan Jasper, Reserve Police Officer Clyde Cullum, and Communications/Marketing Manager Lori De La Cruz. VISITORS Jack, Becky and Frances Watson, Anicia, Asia, and Leland Brown, Peggy and Carlie Poteet, Cona Sanner, Alex Horton, Dr. Lieven Van Riet, Eric Hulet, LuAnn Portugal, Ellen Schroeder, Mike Utzman, and other visitors as noted in the visitors' register. City Council Minutes Page 2 of 9 October 22,2002 INVOCATION �... Father Jeff of St. Michael Catholic Church gave the invocation. PLEDGE OF ALLEGIANCE Webelo Pack 371 led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR NOVEMBER Director of Public Works Ron Young introduced Public Works Field Tech II Chuck Williams. Mayor Saleh presented Chuck with the employee of the month plaque. ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS Fire Chief Lee Koontz introduced Firefighter/Paramedic Scott Evans and Council Member Miller presented Scott with a 5-year service pin. Interim Director of Parks and Community Services Ray McDonald introduced Volunteer Coordinator Jerry Poteet, his wife, Peggy, and daughter, Carlie, and Parks Field Tech III Cary Stevenson. Council Member Massey presented Jerry a 10-year service pin and Mayor Pro Tem Tyson presented Cary a 20-year service pin. Police Chief Leonard Carmack introduced Police Lieutenant Mike Brown, his wife, Anicia, and children, Asia and Leland, and Police Corporal Robert Powell. Council Member Porterfield presented Mike a 25-year service pin, and Council Member Edwards presented Robert a 5-year service pin. Mayor Saleh noted that Police Corporal Christopher White was not able to be present at the meeting to receive his 5-year service pin. ITEM NO. 3 PRESENTATION OF CERTIFICATE OF APPRECIATION Council Member Hogg presented a Certificate of Appreciation to Animal Shelter Volunteer Cona Sanner for the mural she painted in the kennel area of the Euless Animal Shelter. ITEM NO. 4 PRESENTATION OF PROCLAMATION Fire Chief Lee Koontz introduced Fire Battalion Chief Jack Watson, his wife, Becky, and daughter, Frances. Mayor Saleh presented Jack with a proclamation recognizing his 29 years of service with the City of Euless and his retirement on October 1, 2002. CONSENT AGENDA Council Member Edwards motioned to approve Consent Agenda Items numbered 5 through 7. Council Member Miller seconded the motion. City Council Minutes Page 3 of 9 October 22,2002 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. 5 APPROVAL OF RESOLUTION NO. 02-1136 Approved Resolution No. 02-1136 approving the Compromise Settlement Agreement with Thrifty Rent-A-Car Systems, Inc., for unpaid short-term motor vehicle rental taxes due from Willary Metroplex, L.P., and authorizing execution of such agreement by the City Manager. ITEM NO. 6 APPROVAL OF RESOLUTION NO. 02-1137 Approved Resolution No. 02-1137 ratifying the final bid offer in the amount of $7,000 received at a sale by public auction of Lot 8, Block 6, Bell Ranch Terrace Addition, held on October 10, 2002, and authorizing the Mayor to execute conveyance of such property to the successful bidder, David Keener, BNR Properties, 1905 Industrial Blvd., Colleyville, Texas, 76034. ITEM NO. 7 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of October 8, 2002. REGULAR AGENDA ITEM NO. 8 APPROVAL OF SITE PLAN NO. 02-03-SP Director of Planning and Development Mike Collins stated that the applicant, Kelly Roberts for Ricochet Fuel Distribution, is proposing to operate a commercial bulk fuel center on the east side of Royal Parkway, south of SH 10. There will be no cash transactions, since commercial businesses will purchase fuel on commercial accounts. Council Member Miller motioned to approve Site Plan No. 02-03-SP for Ricochet Fuel Distribution to operate a commercial fleet bulk fuel sales center on a portion of Lot A, Block A, International/Regional Industrial Complex located on the east side of Royal Parkway, south of SH 10. Council Member Porterfield 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 4 of 9 October 22,2002 ITEM NO. 9 PUBLIC HEARING FOR ZONING CASE NO. 02-05-ZC AND ORDINANCE NO. 1555 Mayor Saleh opened the public hearing at 7:40 p.m. for Zoning Case No. 02-05-ZC on Tract 1 B2, Solomon Huitt Survey, A-705, and Lot 1, Block C, Midway Square Addition, from C-2 (Community Business District) to R-1 L (Single Family Limited Dwelling District) zoning, located on the northeast corner of Fuller-Wiser Road and Midway Drive. Dr. Lieven Van Riet, owner of the property, stated that he is withdrawing the request for R-1 L on 23.5 acres located on the northeast corner of Fuller-Wiser Road and Midway Drive. He stated his intention to come back with a planned development for residential lots no smaller than 6,350 square feet. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:45 p.m. Council Member Porterfield motioned to accept the withdrawal for Zoning Case No. 02- 05-ZC on Tract 1 B2, Solomon Huitt Survey, A-705, and Lot 1, Block C, Midway Square Addition, for R-1L (Single Family Limited Dwelling District) zoning, located on the northeast corner of Fuller-Wiser Road and Midway Drive. Council Member Hogg 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. 10 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 02-09-SUP AND DENIAL OF ORDINANCE NO. 1556 Mayor Saleh opened the public hearing at 7:47 p.m. for Specific Use Permit No. 02-09- SUP for a church, Grace Community Church, on Lot 3, Block 1, Century Plaza Addition, in C-1 (Neighborhood Business District) zoning at 1200 North Main Street. Director of Planning and Development Mike Collins stated Grace Community Church is requesting a specific use permit to allow the church to move to the former Food Lion building on the northeast corner of N. Main Street and Harwood Road. The building is approximately 36,334 sq. ft. and has been vacant since late 1995. The property is currently zoned C-1 Neighborhood Business District. The building would be used for church services on Sunday mornings from 8:00 a.m. to Noon and on Wednesdays from 6:00 p.m. to 9:00 p.m. Office hours would be Monday through Friday, 8:00 a.m. to 5:00 p.m. He stated that the submittals meet all the technical standards regarding occupancy, parking, landscaping and lighting. The Planning and Zoning Commission recommended denial of the request with a vote of 4-3. City Council Minutes Page 5 of 9 October 22,2002 Mayor Saleh read the following names of those supporting the request, but not wanting to speak: Stan Albritton, Mike and Olympia Bagacean, Todd Burk, Cathryn Bailey, Scott Bailey, Cathy and Kevin Barnett, Brenda Bellah, Dolores and Mike Burnett, Deborah and Larry Cano, Charles and Janice Cheatham, Ruth Christman, Anthony and Judith Clevinger, Jessica Cloninger, Barbara and Mel Creason, Karen and Michael Daniels, Carolyn Cannis, Amalio and Judy Garcia, Antonio, Carlos, and Robbie Garcia, Douglas and Gail Gray, Brenda Harkins, Sara and Travis Harkins, Mary and Wayne Harms, Christine Hart, Cindy Hash, Joy and Scott Hassett, Melanie, Randy, and Shannon Hawkins, Randy and Renee Henson, Patricia Hill, Diane Hinds, Julie and Walter Hood, Barbara and Keith Houser, Maurietta Hulet, Manuela Hunsberger, Lane Ladewig, Mike and Susan Leeman, Lenore Ludlow, Chris and Kay Maurer, Matt and Janis McAdoo, Helen, Mike and Ashley Nelson, Jan Osterhaus, Linda Owens, Glenda Pettit, Jon and Graci Pettit, Adam and Kelly Phillips, Daniel Phillips, John and Lauren Pignatelli, Linda Pridgeon, Mo and Suzie Rabii, Debbie and Earl Rasmussen, Diane Rasor, Rick Rasor, Brittany, Cindy, and Geoffrey Richardson, Stephanie Rotthaus, Carolyn Scardino, David and Kathryn Schruba, Karen Sebastian, Lynette Sharp, Wes & Ella Shier, Alan and Nancy Smith, Bill and Nancy Smith, Ralph Smoak, Carrie and Charles Sonner, Beverly and Jack Strang, Charles and Karen Tackett, Lisa Taylor, Nancy and David Thomas, Richard and Tammy Tice, James and Diana Treece, Sean and Leah Waldron, Tanner and Whitney West, Steven Williams, Travis and Vanessa Williams, and Sara and Tony Young. Paul Hunsberger, 1808 Toplea; Kimberly Burk, 827 Collin Drive; and Ron Rotthaus, 2203 Cottage Oak Lane, Colleyville, spoke in favor of the request. Eric Hulet, Pastor of Grace Community Church, 1915 Kynette, Euless, stated the church began 21 years ago at what is now the Ruth Millican center, and moved to South Main and Pipeline Road before moving to their present location on Kynette 8 years ago. He stated that staff has been very helpful and professional during this process. However, city staff informed the Planning and Zoning Commission at the meeting that they were required to deny the request because three of 13 conditions of permit approval were not met under city codes. He stated he took exception to the conditions staff said were not met, which include: the proposed use as located would not contribute to the welfare of the city; the benefits the city gains with the proposed use outweighs the loss of or damages to homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or site, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use; and the proposed use is in accordance with the city's comprehensive plan. He noted that there is not a zoning classification that allows a church without a specific use permit. If it is not possible for a church to obtain a permit because it is not in accordance with the comprehensive plan, it would suggest that the City of Euless does not have plans for churches. He stated that the four Planning & Zoning Commission members voting against the request stated that it was because the city would suffer economically if they occupied the building. He read a portion of the Religious Land Use and Institutional Persons Act of 2000, stating that no government shall implement or impose a land use regulation in a manner that imposes a substantial burden on religious assembly or institution. City Council Minutes Page 6 of 9 October 22,2002 Mayor Saleh asked for any opponents. Mike Utzman, 811 Rock Creek, Euless, stated his opposition to the church using a building in a commercial area. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:15 p.m. City Attorney Bob McFarland stated that it is state law, not the city's charter, that requires all cities who exercise zoning authority have a planning and zoning commission, and that commission must first consider zoning issues such as this. It is also state law that provides whenever a planning and zoning commission recommends denial of a zoning matter to the city council, the only way a city council can approve the zoning is to have a three-quarter affirmative vote. In this case it would require at least six of the seven council members to approve this request. He stated that it has always been the city attorney's position even before the federal legislation, and he has made the city council aware, that tax exempt status of a religious organization is not a basis on which a zoning case can be decided. Council Member Miller stated that he did not believe that the church was the highest and best use for the property and motioned to deny Ordinance No. 1556 for Specific Use Permit No. 02-09-SUP for a church, Grace Community Church, on Lot 3, Block 1, Century Plaza Addition, in C-1 (Neighborhood Business District) zoning at 1200 North Main Street. Council Member Hogg seconded the motion. Council Member Porterfield stated that he is aware that the church has searched diligently for three years for either vacant land or buildings in order to relocate. Ayes: Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Massey Nays: Mayor Saleh and Council Member Porterfield Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 02-11-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1557 Mayor Saleh opened the public hearing at 8:23 p.m. for Specific Use Permit No. 02-11- SUP, for a used merchandise store, Plato's Closet, on Lot 1, Block B, Heritage Towne Crossing, in TX-121 (The 121 Gateway District) zoning at 1301 West Glade Road, Suite 110. Director of Planning and Development Mike Collins stated the applicant, Natalie r.• Williams, Teen Collections, L.L.C., dba Plato's Closet is requesting to operate a used retail clothing store for teens. Plato's Closet is a franchise through Winmark Corporation. The franchiser utilizes a software program that allows employees in each City Council Minutes Page 7 of 9 October 22,2002 local market to determine the purchase price and the suggested sales price by indicating the brand name, the quality and age of the item. Natalie and Joe Williams, owners, 3508 Sentinel Oak, Flower Mound, stated that this is a very selective, upscale store for resale of teen apparel. They stated that wearing used clothing is in vogue with teens, and there is currently a store in Flower Mound that is doing good business. They stated they will spend approximately two months advertising and purchasing select clothing in order to stock the store prior to selling items. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:27 p.m. Mayor Pro Tern Tyson motioned to approve Ordinance No. 1557 for Specific Use Permit No. 02-11-SUP, for a used merchandise store, Plato's Closet, on Lot 1, Block B, Heritage Towne Crossing, in TX-121 (The 121 Gateway District) zoning at 1301 West Glade Road, Suite 110, with the following conditions: (1) For used teen clothing and accessories for ages 10-19; (2) Tied to owner, Natalie Williams, Teen Collections., d.b.a. Plato's Closet; and (3) Tied to lease period of five years. 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 BOARD AND COMMISSION APPOINTMENTS Mayor Pro Tern Tyson motioned to appoint Bobby Baker to Alternate #1 on the Civil Service Commission for a term to expire 12/31/05; Kacey Thomas, Place 2, Teen Court Advisory Board for a term to expire 12/31/04; and Linda Caram, Place 7, Economic Development Advisory Board for a term to expire 12/31/04. Council Member Porterfield 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. 13 PUBLIC COMMENTS There were no public comments. City Council Minutes Page 8 of 9 October 22,2002 ITEM NO. 14 REPORTS CITY MANAGER City Manager Joe Hennig had nothing to report. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. STAFF REPORT There was no staff report. CITY COUNCIL Council Member Porterfield stated that he voted early in the election today and urged citizens to take advantage and vote early. He stated that there are 26 early voting locations in Tarrant County, including the Euless Public Library. Council Member Massey congratulated Chuck Williams on being selected employee of the month and Scott Evans, Jerry Poteet, Cary Stevenson, Mike Brown, and Robert Powell on receiving service pins. She expressed best wishes to Jack Watson on his '"' retirement and thanked Cona Sanner on the mural she painted. She stated she enjoyed the volunteer dinner and expressed appreciation for all of the city's volunteers. She reported attending the Women in Government luncheon in which Dallas Mayor Laura Miller spoke, and Mayor Saleh was interviewed by Channel 8. She also attended the TML Conference in Fort Worth and said they had some outstanding sessions. Mayor Pro Tem Tyson also congratulated the employees and noted that there was an outstanding number of years of service represented by the employees. He attended the TML Conference on Thursday and Friday and heard Rick Perry and Ron Kirk, and attended the legislative process and economic development sessions. Council Member Hogg congratulated the employees who were recognized, and stated that he attended the TML Conference and received benefit in the sessions. He stated that if anyone knows of a veteran in the City of Euless, to please give the council their name and address for the city's 50th anniversary celebration to be held in 2003. He suggested that citizens go to the animal shelter to see the mural. Council Member Edwards stated that Webelo Pack 371 did an outstanding presentation on posting the colors of the flag for the Pledge of Allegiance. Mayor Saleh stated that the TML Conference in Fort Worth was well represented by over 1,100 cities, and that she just ended two years on the TML board. She noted that the teen sleepover at the library was this last weekend. She complimented Joe Hennig on being selected to receive the Boy Scout Lifetime Achievement award at the National Scouting Museum on Wednesday night, October 23. She reported that she City Council Minutes Page 9 of 9 October 22,2002 accompanied a group of senior citizens on a tour of the city. She noted that Channel 8 �.. was holding a Family First Townhall meeting tonight at Midway Elementary. Council Member Miller congratulated the employees who were recognized and noted that Colleyville Heritage and Trinity High Schools played each other Friday night and Trinity won. ITEM NO. 15 ADJOURNMENT The meeting was adjourned at 8:42 p.m. APPROVED: A.d Mary L.% Saleh Mayor ATTEST: i Susan Crim, C City Secretary