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HomeMy WebLinkAbout2003-05-13 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL MAY 13, 2003 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, May 13, 2003, in the City Council Chambers, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tem Carl Tyson, 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 Grace Community Church litigation as authorized by Section 551.071 of the Texas Government Code. The Council recessed for dinner at 6:25 p.m. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:00 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Paul Wieneskie, 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, Director of Parks & Community Services Ray McDonald, Texas Star General Manager Glenda Hartsell-Shelton, Planning and Development Manager Eric Wilhite, City Engineer Robert Barker, Public Works Manager Chris Barker, Fleet & Facility Administrator Kyle McAdams, Library Administrator JoAnn Rogers, Police Captain Roger Mangum, Community Services Finance Manager Gary Yakesch, Police Lt. Joe Kraft, Police Sgt. Gary Landers, Special Projects Manager Lou Baum, Mary Ofa Faiva-Siale, Communications/Marketing Manager Lori De La Cruz, and Reserve Police Officer Clyde Cullum. VISITORS Ann, Paul, Steven, and Scott Ness, Boyce Byers, David Massey, Kevin Smith, Jack Hill, Brian Klein, Billy Owens, and other visitors as noted in the visitors' register. INVOCATION Pastor Kevin Eldridge, New Life Covenant Church, gave the invocation. PLEDGE OF ALLEGIANCE Brownie Troop No. 1527 led the Pledge of Allegiance. City Council Minutes Page 2 of 10 May 13,2003 ITEM NO. 1 PRESENTATION OF CERTIFICATE OF RECOGNITION Mayor Saleh presented a Certificate of Recognition to Eagle Scout Steven Lee Ness. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Director of Public Works Ron Young, Public Works Manager Chris Barker, and City Engineer Robert Barker proclaiming the week of May 18-24, 2003, as National Public Works Week. ITEM NO. 3 PRESENTATION OF AWARD Jackie Carter, District Traffic Safety Program Administrator for the Texas Department of Transportation (TxDOT), presented an award to Police Chief Leonard Carmack and the Euless Police Department for meeting a 90% ranking in safety belt compliance within the City of Euless. She noted that Euless is the first city in a nine county district to have over 90% seatbelt compliance and that this compliance was verified several different times over the past year. ITEM NO. 4 ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION City Attorney Paul Wieneskie administered the oath of office to Council Member Glenn Porterfield, Place Five, and Council Member Veva Lou Massey, Place Six, and Mayor `'m, Saleh presented a Certificate of Election to each of them. ITEM NO. 5 SELECTION OF MAYOR PRO TEM Council Member Miller motioned to elect Carl Tyson to continue as Mayor Pro Tem. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Edwards, Miller, Porterfield, and Massey Nays: Council Member Hogg Mayor Saleh declared the motion carried. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Item numbers 6 through 9. Council Member Massey seconded the motion. r.. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, Porterfield, and Massey City Council Minutes Page 3 of 10 May 13,2003 Nays: None w... Mayor Saleh declared the motion carried. ITEM NO. 6 AWARD OF BID NO. 019-03 Awarded Bid No. 019-03 to Horseshoe Construction Company, Inc., 2309 S. Battleground Road, LaPorte, Texas, 77571, and authorized the city manager to execute contracts for the replacement of existing sanitary sewer lines in portions of the Bell-Hi Addition, Oakcrest Estates Addition, Midway Park Addition, and South Pipeline Road, in the amount of $989,365.10. ITEM NO. 7 APPROVAL OF RECOMMENDATION TO TARRANT COUNTY TO AWARD CONTRACT Approval of recommendation to Tarrant County to award a contract for CDBG Project No. B02-UC-48-0001-22-50 to Patco Utilities, Inc., Grand Prairie, Texas, for the replacement of sanity sewer mains in Midway Park Addition, in the amount of $345,664. Tarrant County Community Development will pay $90,001. The City of Euless will pay the balance of $255,663 and agree to authorize an additional $6,913 to cover authorized change orders. ITEM NO. 8 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT Authorized the city manager to negotiate and execute a contract within the current budget with Schrickel, Rollins and Associates for the design of Phase III of the Parks at Texas Star. ITEM NO. 9 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of April 22, 2003, and Special Called Meeting of May 6, 2003. REGULAR AGENDA ITEM NO. 10 PUBLIC HEARING AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1592 Mayor Saleh opened the public hearing at 7:20 p.m. regarding extending the juvenile curfew for an additional three years from the expiration date of July 12, 2003, until July 12, 2006. Police Chief Leonard Carmack stated that cities are required to review the curfew every three years. He noted that the city's ordinance expires July 12, 2003, and the extension would be until July 12, 2006. He stated that the teen curfew hours are Friday and Saturday from midnight to 6:00 a.m. and Sunday through Thursday, from 11:00 p.m. to 6:00 a.m. City Council Minutes Page 4 of 10 May 13,2003 There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:23 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1592 extending the juvenile curfew for an additional three years from the expiration date of July 12, 2003, until July 12, 2006. 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. ITEM NO. 11 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 03-01-PD AND DENIAL OF ORDINANCE NO. 1593 Mayor Saleh opened the public hearing at 7:24 p.m. for Planned Development No. 03- 01-PD to change the zoning of Tracts 3E, 3H and a portion of 3J, John A. Groves Survey, A-599, from I-1 (Light Industrial District) to PD (Planned Development District), allowing a batch plant, located in the 2800 block of S. Pipeline Road, east of Raider Drive and south of SH 10. Director of Planning and Development Mike Collins stated that Metroplex Retaining Walls is wanting to locate a concrete batch plant on a 4.8 acre tract located on S. Pipeline Road, east of Raider Drive and south of SH 10. He stated the actual batch plant would be on the northern portion of the property, storage bins containing aggregate material on the west and south portions. There would be a silo approximately 40 feet in height. The primary ingress/egress would be off S. Pipeline Road with a masonry screening wall and landscaping along the property abutting S. Pipeline Road. There would also be a masonry wall on the east side of the southern portion of the property. Mayor Saleh asked for any proponents. Bryan Klein, ION Design, 2800 N. Henderson Ave., Dallas, stated that the request for a batch plant is to allow the production of the grout used in their retaining wall business. He noted that the property to the north abutting SH 10 is also owned by the applicant, but is not being developed at this time. However, it would be available for future development as office sites. Metroplex Retaining Walls is currently located across S. Pipeline Road in Fort Worth. The applicant has agreed to site security and lighting. Keith Thomas, owner, 11016 S. Pipeline Road, Fort Worth, distributed a packet of information and pictures regarding his business. He stated the company builds stone retaining walls and grout is needed in these type of walls. City Council Minutes Page 5 of 10 May 13,2003 Mayor Saleh asked for any opponents. Barry Whitmore, owner of 1501 Baccarac Court and 2851 W. Euless Blvd., Euless, Texas, stated that he is very much opposed to this type of business, which would back up to his property. He also stated that this type of business, with the silo and all the dust and noise is not conducive to the revitalization of SH 10. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:40 p.m. Council Member Miller stated that he is not opposed to the use, but is opposed to the use in that location and, therefore, motioned to deny Ordinance No. 1593 for Planned Development No. 03-01-PD to change the zoning of Tracts 3E, 3H and a portion of 3J, John A. Groves Survey, A-599, from I-1 (Light Industrial District) to PD (Planned Development District), allowing a batch plant, located in the 2800 block of S. Pipeline Road, east of Raider Drive and south of S.H. 10. Mayor Pro Tern Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Edwards, Miller, and Porterfield Nays: Council Members Hogg and Massey 'quo, Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1594 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1594 for the vacation and abandonment of a drainage and utility easement in the Glade Manor Phase II Addition. Council Member Edwards 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 HEARING FOR SPECIFIC USE PERMIT NO. 03-04-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1595 Mayor Saleh opened the public hearing at 7:44 p.m. for Specific Use Permit No. 03-04- SUP on Lot 6, Block A, St. Michael's Subdivision, for a lube service center in TX-10 (Texas Highway 10 Multi-Use District) zoning at 2740 West Euless Boulevard. City Council Minutes Page 6 of 10 May 13,2003 Director of Planning and Development Mike Collins stated the request is for a Valvoline Lube Center in a 2,100 sq. ft. building with four service bays and a customer service office area. The service bays will be located on the east and west sides of the building and there will be fencing and landscaping on the north abutting the residential. Mayor Saleh asked for any proponents. Mike Castanza, 4324 Garland, Haltom City, Texas, stated he is part owner of the subject and adjacent properties, which have been zoned for commercial uses since the 1980s. When the property was rezoned to TX-10 zoning, he was told that this type of development would be acceptable. Bill Holford, Valvoline Co., Quebec Street, Dallas, Texas, stated this will be an individually owned, upscale Express Care Center. He stated that Valvoline delivers the oil to the site in bulk that is pumped into a tank and measured to insure there is no overage or spills. An environmental company will pick up the oil waste kept in a tank and will be taken to a site in Houston. Antifreeze will also be kept in a tank. He stated that no chemicals will be disposed of in the trash. Valvoline also inspects the shop and the owner must maintain the business to Valvoline's standards. Patrick Saucedo, Patrick Saucedo Architecture, 8900 Hunters Glen Trail, Fort Worth, Texas, spoke in favor of the request. Var. Daniel Omar also spoke in favor of the request. Mayor Saleh asked for any opponents. Bill Kincaid, 2703 Needles; Terry and Keith Estes, 2603 Needles; Carmen Solis, 2613 Needles; and Roxanne Meeks, 2715 Needles spoke in opposition to the request citing problems with noise, fumes, and reduced property values. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:30 p.m. In response to a question by Council Member Edwards, one of the owners, Fassohsiov Asfaha, stated that the hours of operation would be Monday through Saturday, 8:00 a.m. to 6:00 p.m. There will be an 8-foot masonry fence along the northern property line with a 30-foot landscaped buffer. In response to a question by Council Member Miller regarding fencing, Mike Castanza stated that he has agreed to an eight-foot masonry fence behind this property, but is planning for a six-foot fence along the remaining properties. There was also discussion regarding the type of sign and Mr. Holford agreed to a monument sign conforming to the North Main Street sign standards. City Council Minutes Page 7 of 10 May 13,2003 Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1595 for Specific Use Permit No. 03-04-SUP on Lot 6, Block A, St. Michael's Subdivision, for a lube service center in TX-10 (Texas Highway 10 Multi-Use District) zoning at 2740 West Euless Boulevard subject to the following conditions: (1) Tied to current owner, Westport Joint Venture, Amba Sajer Asfaha; (2) Continued association with Valvoline; (3) Hours of operation limited to Monday through Saturday, 8:00 a.m. to 6:00 p.m., closed on Sunday; (4) Eight foot (8 ft.) masonry wall on north side; (5) Thirty foot (30 ft.) landscape buffer on north side; (6) No open outdoor storage of hazardous or controlled waste; (7) No overnight outside storage of vehicles; (8) Signage to be approved by city staff in accordance with Main Street sign requirements (monument sign); and (9) Temporary barricades on access roads be removed as adjacent property develops. 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. ITEM NO. 14 APPROVAL OF SITE PLAN NO. 03-03-SP Council Member Hogg motioned to approve Site Plan No. 03-03-SP for a lube service center, in accordance with Specific Use Permit No. 03-04-SUP, to be located on Lot 6, Block A, St. Michael's Subdivision, in TX-10 (Texas Highway 10 Multi-Use District) zoning at 2740 West Euless Boulevard. Council Member Edwards 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. 15 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 03-09-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1596 Mayor Saleh opened the public hearing at 8:53 p.m. for Specific Use Permit No. 03-09- SUP on Lot 5R, Block 2, S. W. Mills Subdivision, for B & B Auto Body with paint shop in TX-10 (Texas Highway 10 Multi-Use District) zoning at 605 West Euless Boulevard. Director of Planning and Development Mike Collins stated the applicant, B & B Auto Body, currently operates out of a 4,000 sq. ft. facility. Their proposal includes an additional 1,200 sq. ft. to the south end of the existing facility, new pavement extending City Council Minutes Page 8 of 10 May 13,2003 southward from the existing pavement and even with the new building. A new garage bay door will open on the west side of the new structure. Robert Lindley, 605 W. Euless Blvd., owner/operator, stated the new addition will allow him to separate the auto body shop from the paint shop. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:56 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1596 for Specific Use Permit No. 03-09-SUP on Lot 5R, Block 2, S. W. Mills Subdivision, for B & B Auto Body with paint shop in TX-10 (Texas Highway 10 Multi-Use District) zoning at 605 West Euless Boulevard subject to the hours of operating being Monday through Friday, 6:00 a.m. to 5:30 p.m. 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. 16 APPROVAL OF SITE PLAN NO. 03-04-SP Council Member Hogg motioned to approve Site Plan No. 03-04-SP for O'Reilly Auto Parts store to be located on Lot 2R, Block A, Main Centre Addition, at 311 North Main Street. Council Member Edwards 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. 17 ACCEPTANCE OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE SEMI-ANNUAL REPORT Council Member Edwards motioned to accept the Capital Improvements Advisory Committee Semi-Annual Report for the period of October 1, 2002, through March 31, 2003. •- Council Member Hogg seconded the motion. City Council Minutes Page 9 of 10 May 13,2003 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. 18 REQUEST FROM RAMAN CHANDLER TO ADDRESS COUNCIL Raman Chandler addressed the council regarding the Harrington property on Heritage Road. ITEM NO. 19 PRESENTATION BY ELI OFA Eli Ofa made a presentation regarding the Voice of Tonga. ITEM NO. 20 PUBLIC COMMENTS Jim Mertz introduced himself as the new owner of Arena Athletics, indoor soccer. ITEM NO. 21 REPORTS STAFF REPORT Director of Parks and Community Services Ray McDonald and Community Services Finance Manager Gary Yakesch gave an update on this year's Arbor Daze. CITY MANAGER City Manager Joe Hennig thanked Gary Yakesch for the Arbor Daze update. He announced that Ray McDonald is officially the Director of Parks and Community Services and praised him for such a successful Arbor Daze. CITY ATTORNEY City Attorney Paul Wieneskie stated he had nothing to report. CITY COUNCIL Council Member Massey thanked Eli Ofa for his presentation on the Voice of Tonga and thanked Mary Ofa Faiva-Siale for her work with volunteers at Arbor Daze. She congratulated Lori De La Cruz on the 50th Anniversary history book she prepared. She stated she attended the 2003 Games of Texas press conference and the reception for the 50th Anniversary art poster contest winners. Council Member Miller congratulated Council Members Porterfield and Massey on their reelection, and Mayor Pro Tern Tyson for being elected Mayor Pro Tern for another year. He welcomed Jim Mertz and Henry Kasten to the meeting. He stated he enjoyed City Council Minutes Page 10 of 10 May 13,2003 volunteering at Arbor Daze, and he thanked Eli Ofa for his presentation. �... Council Member Edward noted that Euless has a high Pacifican population on the south side and that he plays basketball with them. Council Member Hogg thanked Mary Ofa Faiva-Siale for her help and the great help of her volunteers in the Arbor Daze souvenir booth. Mayor Pro Tern Tyson congratulated Council Members Porterfield and Massey on their reelection. He stated that Ray McDonald earned his promotion to Director of Parks and Community Services. He thanked Eli Ofa on such an enlightening presentation, and the city council for electing him as Mayor Pro Tem. Mayor Saleh stated the May 4th reception for the art poster contest winners was great and that the 50th Anniversary history book is available at any of the city offices. ITEM NO. 22 ADJOURNMENT The meeting was adjourned at 9:55 p.m. APPROVED: Mary LilSaleh, Mayor ATTEST: _lei Sus. Crim ' MC, City Secretary