HomeMy WebLinkAbout2002-11-12 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
NOVEMBER 12, 2002
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib
Saleh at 4:05 p.m. on Tuesday, November 12, 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
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, Assistant Police
Chief Bob Freeman, Interim Director of Parks & Community Services Ray McDonald,
Texas Star General Manager Glenda Hartsell-Shelton, Finance Administrator Vicki
Rodriquez, Purchasing Manager Gary Gerland, Planning Manager Eric Wilhite, City
Engineer Robert Barker, Fleet and Facility Administrator Kyle McAdams, Facilities
Foreman T. J. Donoghue, Special Projects Manager Lou Baum, Library Administrator
JoAnn Rogers, Fire Education Officer Christine Cox, Economic Development
Administrative Secretary Kaye Anderson, Reserve Police Officer Clyde Cullum, and
Communications/Marketing Manager Lori De La Cruz.
VISITORS
Greg Roemer, Robert Medigovich, Randy Shiflet, Linda Huff, Bobby Ferris, Byron False,
Brenda Jenkins, Jerry Jenkins, Eric Hulet, Dennis Brewer, David Hager, Tom Stover,
Carroll Scott, Greg Black, Alex Horton, Ellen Schroeder, Mike Utzman, and other
visitors as noted in the visitors' register.
INVOCATION
.► Father Serrano of St. Michael Catholic Church gave the invocation.
City Council Minutes Page 2 of 10 November 12,2002
PLEDGE OF ALLEGIANCE
Girl Scout Troop #1521 led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF CERTIFICATES OF APPRECIATION
Fire Chief Lee Koontz and Fire Education Officer Christine Cox introduced Sydney
Hawkins, Kaila Willoughby, Andie Bernhardt, Lindsey Shirley, and Krista Sprouse, 5 of
12 Euless students who were winners in the annual fire prevention poster contest.
Mayor Saleh presented Certificates of Appreciation to each of the students.
ITEM NO. 2 PRESENTATION OF RECYCLING AWARD
Bobby Ferris, representative of Resources Concepts, presented Mayor Saleh an award
for the city's participation in recycling of electronic equipment.
CONSENT AGENDA
Council Member Miller motioned to approve Consent Agenda Items numbered 3
through 8.
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. 3 APPROVAL OF RESOLUTION NO. 02-1138
Approved Resolution No. 02-1138 permitting consideration of applications for depository
services from banks, credit unions or savings associations doing business within the
Euless, Hurst, Bedford, Colleyville or Grapevine city limits.
ITEM NO. 4 APPROVAL OF RESOLUTION NO. 02-1139
Approved Resolution No. 02-1139 authorizing the issuance, sale, and delivery of Trinity
River Authority of Texas (Tarrant County Water Project) improvement and refunding
revenue bonds.
ITEM NO. 5 APPROVAL OF RESOLUTION NO. 02-1140
Approved Resolution No. 02-1140 authorizing the city manager to enter into an
interlocal agreement with other Tarrant County cities for the purpose of cooperative
r•► purchasing of goods and services for fire equipment.
City Council Minutes Page 3 of 10 November 12,2002
ITEM NO. 6 APPROVAL OF RESOLUTION NO. 02-1141
Approved Resolution No. 02-1141 authorizing the city manager or his designee to
execute agreements associated with the Urban and Community Forestry Program Grant
in the amount of $7,862 from the Texas Forest Service for the purpose of conducting a
comprehensive survey of trees located in the public rights-of-way and parks, and
committing the City of Euless to the shared cost of the project in the form of in-kind
contributions that include city staff and volunteer hours of service.
ITEM NO. 7 AWARD OF BID NO. 001-03
Awarded Bid No. 001-03 to Metroplex Sanitation Services, P. O. Box 2273, Mansfield,
Texas, 76063, for portable toilet rental and service, with an estimated expenditure of
$31,280.
ITEM NO. 8 APPROVAL OF CITY COUNCIL MINUTES
Approval of the minutes of the Regular City Council Meeting of October 22, 2002.
REGULAR AGENDA
ITEM NO. 9 PUBLIC FORUM REGARDING SOLID WASTE AND RECYCLING
Director of Economic Development Bill Ridgway stated that the city's contracts with
Trinity Waste Services and Community Waste Disposal (CWD) expire on February 28,
2003. A decision was made to seek proposals for solid waste and recycling services
with options regarding days of pickup, use of bags, carts, blue bags, or recycling bins,
and any innovative ideas. He stated that public comments are being sought from the
residents regarding days of service, garbage bags and cans or 95-gallon carts, and
recycling bins or blue bags.
Alex Horton, 806 Little Creek Drive, stated he preferred bins for recycling and keeping
the current providers.
Thomas Stover, 1310 Tanglewood Drive, representing Morrisdale homeowners, stated
they preferred keeping the current providers and using blue bags. They also expressed
a desire to recycle cardboard.
Kenny Olmstead, 1304 Driftwood, preferred keeping the current providers and stated
that he believed carts would become foul smelling.
Manuela Hunsberger, 1808 Toplea Drive, stated her parents have carts in another city
and they are difficult to maneuver. She preferred keeping the current providers with
recycling bins added.
There were no additional citizens wishing to speak.
City Council Minutes Page 4 of 10 November 12, 2002
ITEM NO. 10 CONSIDER SOLID WASTE AND RECYCLING PROPOSALS
There was additional discussion regarding the pros and cons of recycling bins and blue
bags and the amount of proposed savings. It was noted that the current residential rate
is $6.92 for solid waste, $1.66 for recycling with blue bags, for a total of $8.58 a month.
Any one of the three staff recommendations would result in a lower residential rate.
Council Member Miller motioned to approve Staff Recommendation #1 using Trinity
Waste for solid waste collection and CWD for recycling collection with the same service
days as they are presently and using bins with lids instead of blue bags, at a total
residential rate of$6.62 per month.
Council Member Massey seconded the motion.
Ayes: Council Members Miller and Massey
Nays: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, and
Porterfield,
Mayor Saleh declared the motion failed.
Council Member Edwards motioned to approve Staff Recommendation #2 with
modifications for a single vendor at a base rate of$5.16 and using blue bags at a rate of
$0.73 for a total cost of$5.89 per month.
Mayor Pro Tern Tyson seconded the motion.
Ayes: Mayor Pro Tem Tyson, Council Members Edwards, and Porterfield
Nays: Mayor Saleh, Council Members Hogg, Miller and Massey
Mayor Saleh declared the motion failed.
Council Member Miller motioned to approve Staff Recommendation #3 with Trinity
Waste for solid waste using bags or cans and CWD for recycling service using blue
bags, at a total residential rate of $6.13 per month..
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Miller, and Massey
Nays: Council Members Edwards and Porterfield
Mayor Saleh declared the motion carried.
ITEM NO. 11 TEMPORARY USE PERMIT-SEASONAL NO. 02-04-CC
Director of Planning and Development Mike Collins stated that the applicant, Trow Tree
Farm, Manton, Michigan, is requesting to display and sell Christmas trees from
City Council Minutes Page 5 of 10 November 12, 2002
November 15 until December 25, 2002, from 9:00 a.m. to 10:00 p.m. The proposed use
would be located on a triangle shaped 1.8 acre tract along Huffman Road and the
eastbound frontage road adjacent to AAMCO Transmission. The sales lot will include a
tree display area with a 40' x 80' tent, portable toilet, and a 24-hour office trailer, and
some off-street parking. Any additional parking will be located along Huffman Road.
Council Member Hogg motioned to approve Temporary Use Permit-Seasonal No. 02-
04-CC for Christmas tree sales on Tract 1, J. P. Halford Survey, A-711, located at 209
W. Airport Freeway, Monday through Sunday from 9:00 a.m. to 10:00 p.m., November
15, through December 25, with the stipulation that the location be totally cleared of all
temporary electrical fixtures and facilities used for operating the venture no later than
January 6, 2003.
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 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1558
Director of Public Works Ron Young stated that Terry Sandlin Homes, Inc., purchased
approximately 40 acres of land situated in the Ben F. Crowley Survey, A-320, located
on the west side of Fuller-Wiser Road at Little Bear Creek and is being developed as
Fountain Park Addition. The development plans for Fountain Park include a rerouting
and realignment of an existing sanitary sewer main. The property owner has granted an
easement to accommodate the rerouted and realigned sanitary sewer main which
renders portions of two existing water, sewer and drainage easements unnecessary.
The new easement of the existing sanitary sewer contains approximately 0.228 acres
and the proposed vacations and abandonments contain approximately 0.216 acres.
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1558 vacating and abandoning a portion of two existing water, sewer and drainage
easements located in the Ben. F. Crowley Survey, Abstract No. 320, and authorize the
Mayor to execute a quitclaim deed conveying the City of Euless' interests in the
abandoned portions of easements to the current property owner.
Council Member Miller 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 6 of 10 November 12,2002
ITEM NO. 13 PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 02-08-
,,` SUP AND APPROVAL OF FIRST AND FINAL READING OF
ORDINANCE NO. 1559
Mayor Saleh opened the public hearing at 8:08 p.m. regarding Specific Use Permit No.
02-08-SUP on Lot 1, Block 3, Euless Industrial Park Addition, for a church in TX-10
(Texas Highway 10 Multi-Use District) zoning at 1717 West Euless Boulevard.
Director of Planning and Development Mike Collins stated the applicant, Youth Fun
International Parish, sponsored by the Dallas area Redeemed Christian Churches of
God, proposed to utilize a 6,500 square foot facility located at 1717 W. Euless Blvd. as
a counseling and worship center. The counseling center would target youths with
specific emphasis on teaching these individuals life skills. The hours of operation
proposed are 4:00 p.m. to 7:00 p.m., Monday through Friday, 9:00 a.m. to 7:00 p.m.
Saturday, and 9:00 a.m. to 12 noon on Sunday.
Mayor Saleh asked for any proponents.
Abbey Abeyeye, 3630 Crowberry Way, Euless, Minister of the Redeemed Christian
Church of God stated they are proposing to have a youth church with different activities
for youth after school that would include a computer center and personnel to help with
homework. Monday through Saturday there would be someone there to work with the
youth, and on Sunday they would come together for worship services. The youth will
range in age from 16 to 21 and will come by vans from the church where Mr. Abeyeye is
youth pastor in Dallas.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 8:12 p.m.
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1559 for Specific Use Permit No. 02-08-SUP on Lot 1, Block 3, Euless Industrial Park
Addition, for a church in TX-10 (Texas Highway 10 Multi-Use District) zoning at 1717
West Euless Boulevard, with the following conditions: (1) Approved for one year; (2)
Tied to the pastor, Mr. Abbey Abeyeye; (3) Tied to Youth Fun International Parish; and
(4) Hours of operation, Monday through Friday, 4:00 p.m. to 7:00 p.m.; Saturday, 9:00
a.m. to 7:00 p.m.; and Sunday, 9:00 a.m. to 12:00 p.m.
Council Member Miller 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.
City Council Minutes Page 7 of 10 November 12,2002
ITEM NO. 14 PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 02-12-
SUP AND APPROVAL OF FIRST AND FINAL READING OF
ORDINANCE NO. 1560
Mayor Saleh opened the public hearing at 8:22 p.m. for Specific Use Permit No. 02-12-
SUP on Lot 2R, Block 1, Airport Business Park, for a pet crematory in 1-2 (Heavy
Industrial District) zoning on 1118 S. Airport Circle, Suite 100.
Director of Planning and Development Mike Collins stated that the applicant, Mike
Pizzelanti, dba All Paws Go To Heaven, is requesting to operate a pet crematory in
Suite 100 of the Texas Star Business Center. No activities associated with this
operation would be visible from the outside of the building. Staff is recommending the
Texas Commission on Environmental Quality (TCEQ) complete a permitting process
that would approve the type of equipment that would be used.
Mayor Saleh asked for any proponents.
David Hager, 1205 Texas Star Parkway, Suite 120, Euless, owner/manager of Texas
Star Business Center, stated that after conducting some research and talking with
TCEQ on the process, he has agreed to allow this use in the business center. It has
been written into the lease that there will be no odor, no visible emissions coming from
the stack and no dead animals visible on the property.
Mike Pizzelanti, 2706 Shady Hill Court, Grapevine, stated he will be marketing to the
eight veterinarian clinics and two animal hospitals located in the Euless area. He plans
to expand his market area in the future.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 8:28 p.m.
Council Member Edwards motioned to approve the first and final reading of Ordinance
No. 1560 for Specific Use Permit No. 02-12-SUP on Lot 2R, Block 1, Airport Business
Park, for a pet crematory in 1-2 (Heavy Industrial District) zoning on 1118 S. Airport
Circle, Suite 100, with the following conditions: (1) Tied to Mike Pizzelanti, d.b.a. All
Paws Go to Heaven; (2) Tied to period of lease (one-year); (3) All activities confined
within the interior of the lease space; (4) No specimens allowed to be on the premises
more than 24 hours; (5) All animals awaiting cremation to be held in freezers; (6) An
emergency secondary power source be provided; (7) No direct drop off; (8) Tied to
current owner/manager of the Texas Star Business Centre, Mr. David Hager; and (9)
Mr. Pizzelanti will report any violations or enforcement actions taken by any state or
federal agency(s) regarding the operation of"All Paws".
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 8 of 10 November 12, 2002
Mayor Saleh declared the motion carried.
ITEM NO. 15 PUBLIC HEARING FOR ZONING CASE NO. 02-04-ZC AND TABLED
ORDINANCE NO. 1561
Mayor Saleh opened the public hearing at 8:32 p.m. for Zoning Case No. 02-04-ZC
changing the zoning on a portion of Lot 22, Block 13, Morrisdale Estates, from R-1
(Single Family Detached Dwelling District) zoning to R-1L (Single Family Limited
Dwelling District) zoning, located on the south side of West Pipeline Road, opposite
from where Forest Ridge Road dead ends.
Director of Planning and Development Mike Collins stated that the applicants, Jerry and
Brenda Jenkins own 6.45 acres of land adjacent to the east side of Morrisdale
Subdivision and are proposing to rezone the northern two acres fronting W. Pipeline
Road to create a 10 lot residential subdivision that meets all the R-1L subdivision
standards.
Mayor Saleh asked for any proponents.
Don Peebles, civil engineer on the project, 530 Bedford Road, Bedford, stated the
homes would be approximately 1,700 sq. ft. Access to the old Morris homesite owned
by the Jenkins' would be to the west, outside of the proposed subdivision.
Now Tom Stover, 1310 Tanglewood Trail, Euless, asked if the proposed drainage had been
checked to determine the effect it would have on the current homes in Morrisdale.
Director of Public Works Ron Young stated that he and the civil engineer have
discussed the issue, and he believes there is a way to address the drainage without
significant impact to Morrisdale Subdivision.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 8:35 p.m.
There was a question from the council regarding the type of fencing proposed along W.
Pipeline Road, and City Attorney McFarland noted that there could not be any additional
requirements imposed on a straight zoning request.
Jerry Jenkins stated that he is concerned with the aesthetics, but it is his understanding
the developer will put up a brick fence on W. Pipeline Road.
After discussion regarding the zoning being done through a planned development, Mr.
Peebles stated that the developer was out of town due to a family illness and that he
would need to discuss the issue with the developer.
Mayor Pro Tem Tyson motioned to table Ordinance No. 1561 to November 26, for a
�•- zoning change on a portion of Lot 22, Block 13, Morrisdale Estates, from R-1 (Single
Family Detached Dwelling District) zoning to R-1L (Single Family Limited Dwelling
District) zoning, located on the south side of West Pipeline Road, opposite from where
City Council Minutes Page 9 of 10 November 12, 2002
Forest Ridge Road dead ends, in order to allow the applicant to change the request to a
Planned Development for R-1 L.
Council Member Miller 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. 16 CONSIDERATION OF PREVIOUS ACTION TAKEN ON ORDINANCE
NO. 1556
City Attorney Bob McFarland stated that a governing body can reconsider an item at its
next meeting, but only then. In order to reconsider an item, a motion must be made by
someone who voted on the prevailing side. In this case, one of the council members
who voted to deny must make the motion to reconsider the vote by which Ordinance
No. 1556 was denied on October 22, 2002. Any council member can second the
motion, and only a simple majority is needed to approve. Pursuant to state law, it will
still require a three-quarter majority vote to approve the specific use permit if the item is
reconsidered. If the city council does not move to reconsider the vote, then the church
would have three options: (1) reapply; (2) look for another location; or (3) consider
`"' litigation.
No motion was made to reconsider 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.
ITEM NO. 17 PUBLIC COMMENTS
Greg McDonald, The Weitzman Group, 3102 Maple Avenue, Suite 350, Dallas, stated
he is the exclusive real estate agent for the former Food Lion buildings. He distributed a
document showing the current uses of the former Food Lion properties in Texas, and
stated that not a single building has become a commercial use. The buildings have
been used by either churches, municipalities, or non-profit organizations. He stated that
the Euless building has been marketed extensively and there have been no offers other
than the Grace Community Church. He believed the decision to deny the use for a
church was discrimination.
Mayor Saleh read a statement from Arlan Kalina, 1100 St. Croix Court, Arlington, a
Euless property owner, supporting the use as a church.
Dennis Brewer, attorney for Grace Community Church and American Center for Law
and Justice of Texas, 1607 Post Oak, Irving, stated that in five years the church has
'ow► grown from 50 to 500 members. For the last three years, the church has searched
diligently to find a new location and this is the only property that has been a fit. The
property has been vacant for seven years. He stated the 106th U.S. Congress enacted
City Council Minutes Page 10 of 10 November 12,2002
legislation known as the Religious Land Use and Institutionalized Persons Act of 2000
... in order to prevent governments from discriminating against churches. He also cited
some case opinions regarding this issue. He stated he is advising the church to sue
and take this to federal court.
Mayor Saleh noted that Christina Hart, 1923 Morgan Street, Irving, was in support of the
specific use permit, but did not wish to speak.
Mayor Saleh noted that David Hager, 1205 Texas Star Parkway, Suite 120, Euless, and
Alex Horton, 806 Little Creek Drive, Euless, both were opposed to the specific use
permit, but did not wish to speak.
Vanessa Williams, 7208 Richlynn Terrace, Richland Hills, praised the council and urged
them to reconsider their vote stating she believed that citizens would rather pay extra for
garbage as opposed to paying for a lawsuit.
Mike Utzman, 811 Rock Creek Drive, Euless, spoke against the specific use permit.
Keith Houser, 1008 Plantation Drive, DeSoto, stated that the city of DeSoto just rezoned
a former Food Lion for a church as well as issued a street bond package for the area
near that location and urged the city council to reconsider.
Peter Walsh, 2713 Bedfordshire, Bedford, and Gladys Marie Brown, 613 Preston Trail,
,a, Cedar Hill, Texas, both spoke in favor of the specific use permit for the church.
ITEM NO. 18 REPORTS
STAFF REPORT
Fleet and Facility Administrator Kyle McAdams and Architect Byron Folse, Byron Folse
Associates, updated the council on the proposed renovations to Building A including the
new city council chambers.
There were no city manager, city attorney, or city council reports.
ITEM NO. 19 ADJOURNMENT
The meeting was adjourned at 10:15 p.m.
APPROVED: ATTEST:
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Mary Lib` aleh, Mayor Susan Crim CMC, City Secretary
Nor-