HomeMy WebLinkAbout2003-10-14 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
OCTOBER 14, 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, October 14, 2003, in the City Council Chambers, 201 N.
Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern 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 pending litigation on Grace
Community Church and the Dickey Apartments, as authorized by Section 551.071, and
board and commission appointments, as authorized by Section 551.074 of the Texas
Government Code. The Council recessed for dinner at 6:00 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 Bob
McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of
Fiscal and Administrative Services Loretta Getchell, Director of Planning and
Development Mike Collins, Director of Parks and Community Services Ray McDonald,
Director of Public Works Ron Young, Fire Chief Lee Koontz, Police Chief Leonard
Carmack, City Engineer Robert Barker, Public Works Manager Chris Barker, Planning
and Development Manager Eric Wilhite, Fleet & Facility Administrator Kyle McAdams,
Library Administrator JoAnn Rogers, Assistant Library Administrator Sheila Williams,
Library Secretary Karan Jasper, Information Services Manager Dan McLain, Special
Projects Manager Lou Baum, Reserve Police Officer Clyde Cullum, and
Communications/Marketing Manager Lori De La Cruz.
VISITORS
Joy Baldwin, Diane Porterfield, Boyce Byers, LuAnn Portugal, Lloyd and Cybil Baldwin,
Henry Kasten, Brenda and Richard Davis, Jim Mertz, Lela Khoury, Mike McGehee,
Jerry Goad, Billy Owens, and other visitors as noted in the visitors' register.
INVOCATION
`�' Pastor Thomas Pickett, New Hope Christian Church, gave the invocation.
City Council Minutes Page 2 of 9 October 14,2003
PLEDGE OF ALLEGIANCE
Cub Scout Pack#758 led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF PROCLAMATION
Mayor Saleh presented a proclamation to Library Administrator JoAnn Rogers and teen
volunteers proclaiming October 19-25, 2003, as Teen Read Week.
ITEM NO. 2 PRESENTATION OF EULESS LIBRARY FOUNDATION AWARDS
Library Administrator JoAnn Rogers introduced Lloyd Baldwin and Joy Baldwin and
recognized them as Directors Emeritus and Honorary Lifetime Members for their service
to the Euless Library Foundation Board of Directors.
CONSENT AGENDA
Council Member Edwards motioned to approve Consent Agenda Items numbered 3
through 6.
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. 3 RENEWAL OF BID NO. 052-01
Renewed Bid No. 052-01 for janitorial services to Commercial Building Maintenance
Inc., 5511 Redfield, Dallas, Texas, 75235, for one year, which will be the last of three
renewal periods under this bid contract, in the approximate expenditure of$110,496.
ITEM NO. 4 APPROVAL FOR PURCHASE OF REPLACEMENT PC'S AND
SERVERS
Approved purchase of 45 personal computers and 4 servers from Dell Computer
Corporation through the State of Texas Department of Information Resources (Go
DIRect) program, with an estimated expenditure of$77,586.
ITEM NO. 5 APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITIES OF
IRVING, NORTH RICHLAND HILLS, PLANO, CARROLLTON, AND
FRISCO
Approved an interlocal agreement to join the North Texas Virtual Reference Library
Consortium with the cities of Irving, North Richland Hills, Piano, Carrollton, and Frisco to
provide 18 hours a day online, real time reference services via the internet.
City Council Minutes Page 3 of 9 October 14,2003
... ITEM NO. 6 APPROVAL OF CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of September 23, 2003.
REGULAR AGENDA
ITEM NO. 7 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1606
Council Member Massey motioned to approve the first and final reading of Ordinance
No. 1606 amending Chapter 34, Article IV, Section 34-106(a) of the Euless Municipal
Code increasing the maximum size for an underground storage tank to 20,000 gallons,
removing the aggregate capacity of underground storage tanks located on a single
piece of property, and returning guidance for tanks back to the Fire Code in effect at the
time of installation.
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. 8 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 03-14-SUP AND
APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1607
Mayor Saleh opened the public hearing at 7:16 p.m. for Specific Use Permit No. 03-14-
SUP on Lots 27ER & 27A, Block C, Somerset Addition, for an indoor athletic arena in
PD 1029 (Planned Development) based on C-2 (Community Business District) zoning
located at 100 East Midway Drive.
Director of Planning and Development Mike Collins stated that Jim Mertz recently
purchased Arena Athletics, which requires a new specific use permit. The owner plans
renovations separating the adult playing area from the youth playing area. There will be
a sporting goods store with a snack area at the youth end and a full-service enclosed
restaurant and a second floor viewing area serving alcohol at the adult end. The owner
plans to sell alcohol after 8:00 p.m., which is after the youth league play has ended, and
the alcohol will be confined to the restaurant and the upstairs viewing area only.
Jim Mertz, 2601 Carroll Blvd., Southlake, stated the adult leagues comprise 70% of play
and youth leagues 30%. He stated they also plan to provide additional paved parking
on the corner of Midway and North Main.
Mayor Saleh asked for any proponents.
City Council Minutes Page 4 of 9 October 14,2003
Henry Kasten spoke in favor of the request.
Mayor Saleh asked for any opponents.
Francisco Fuenzalida, 201 Primrose Hill, and Diane Sebastian, 411 Needle Lane, stated
their concern with the proposal of alcohol sales and alcohol currently being used in the
parking lot.
Sheryl Desjardins, 203 Primrose Hill, registered her opposition, but did not want to
speak.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 7:44 p.m.
City Attorney Bob McFarland stated that if the restaurant is licensed to sell alcohol, the
Texas Alcohol Beverage Commission will not allow alcohol to be taken out of the
licensed premises area. It will be a criminal offense to take alcohol out of the restaurant
or out of the upstairs viewing areas. He also noted that alcohol sales with the
restaurant requires that food sales be greater than the alcohol sales. If the food sales
become less than the alcohol sales, the owner will be in violation.
Council Member Miller motioned to approve Specific Use Permit No. 03-14-SUP on Lots
27ER & 27A, Block C, Somerset Addition, for an indoor athletic arena in PD 1029
(Planned Development) based on C-2 (Community Business District) zoning located at
100 East Midway Drive, subject to the following conditions: (1) Tied to Jim Mertz,
owner; (2) Parking lot will be upgraded to city standards by the time renovations of the
arena are completed; and (3) Alcohol is not to be served until after 8:00 p.m.; and (4)
Signs required stating no alcohol will be allowed outside the restaurant or outside the
upstairs enclosed viewing area.
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.
Council Member Edwards commented that most all restaurants in the area serve some
form of alcohol.
ITEM NO. 9 PUBLIC HEARING FOR ZONING CASE NO. 03-04-ZC AND
APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1608
Mayor Saleh opened the public hearing at 8:00 p.m. for Zoning Case No. 03-04-ZC on
Lots 8-9, Block 2; Lots 1-5, 7-8, Block 3; Lots 8-13, Block 4; Lots 1-20, 22-26, Block 5;
Lots 1-26, Block 6; and Lots 13-20, Block 7, Bell Ranch Terrace, from R-1 (Single
City Council Minutes Page 5 of 9 October 14,2003
Family Detached Dwelling District) zoning to R-1L (Single Family Limited Dwelling
r.. District) zoning.
Director of Planning and Development Mike Collins stated that the applicant, Centurion
Development Group, proposes to rezone 22.66 acres in Bell Ranch Terrace north of
Signet and west of FM 157 to R-1 L for 94 residential lots to be replatted as Phase 2 of
Oakridge Estates. The applicant has entered into a developer's agreement requiring
construction of improvements including masonry screening walls along the perimeter
and wing walls on Signet Drive. A homeowner's association has been created and will
be responsible for maintaining the 31/2 acres of open space and masonry screening
walls. Lot 25 on the west side of Renee Drive will remain undeveloped in order to
preserve the existing oak tree.
Mr. Collins stated that due to concern regarding the higher elevation needed for
drainage, the developer has agreed to one-story homes on the five lots adjacent to the
existing homes on Nita Lane.
Otis Lee, Civilworks Engineering, 1192 Boling Ranch Road, Azle, designer for BNR
Properties, stated they will be working with staff to limit additional drainage runoff to
existing property.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 8:07 p.m.
In response to questions regarding the homeowner's association agreement, City
Attorney Bob McFarland stated prior to the plat being approved, staff will approve the
homeowner's agreement, and title companies provide homeowner's with copies of the
agreements prior to closing, so that they should be aware of their responsibilities.
Mike Collins stated that there is wording in the documents that allow the city to go to the
homeowner's association if the improvements are not being maintained, and the
association then has the ability to assess the property owners. The plat and
homeowner's agreement will be filed with Tarrant County and will guarantee that the
designated green space will remain as open space. The homeowner's association
agreement approved for Phase I will be changed to include Phase II.
In response to a question, Mr. Collins stated that items the developer has agreed to do;
i.e., brick retaining walls, etc., will be contained in the developer's agreement, except for
the agreement regarding one-story structures. Staff has received letters from the
developer and the builder in agreement to that effect, and it will be administered as part
of the building permits.
City Attorney McFarland stated that the agreement regarding one-story structures is in
response to homeowner's concerns and not a requirement of the zoning.
In response to a question regarding the box culvert on Kynette, Mr. Lee stated that
when the box culvert was installed, it was designed to hold runoff from commercial as
well as residential to the west. He stated that because less commercial was developed,
the culvert has additional capacity since it was designed to handle larger runoff.
City Council Minutes Page 6 of 9 October 14,2003
Council Member Miller motioned to approve Zoning Case No. 03-04-ZC on Lots 8-9,
Block 2; Lots 1-5, 7-8, Block 3; Lots 8-13, Block 4; Lots 1-20, 22-26, Block 5; Lots 1-26,
Block 6; and Lots 13-20, Block 7, Bell Ranch Terrace, from R-1 (Single Family
Detached Dwelling District) zoning to R-1L (Single Family Limited Dwelling District)
zoning.
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 APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Pro Tem Tyson motioned to approve the following appointments to the various
boards and commissions.
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.
BOARDICOMM NAME PLACE TERM EXPIRES
CIVIL SERVICE Robert Bouse 3 12/31/06
COMMISSION
ECONOMIC Alaudin Khuwaja 3 12/31/05
DEVELOPMENT Linda Martin 4 12/31/05
ADVISORY Donna Mickan 5 12/31/05
BOARD Jerry Goad 6 12/31/05
Robert Wooldridge 8 12/31/05
Deboreh Wallace 12 12/31/05
Kelly Roberts 13 12/31/05
Vaughn Hardman 14 12/31/04
Alex Horton Chair for 2004
Donna Mickan Vice Chair for 2004
City Council Minutes Page 7 of 9 October 14,2003
•- EULESS Sonja Adams 1 12/31/05
DEVELOPMENT Wayne Marrs 2 12/31/05
CORPORATION Carmen Deithloff 3 12/31/05
Mayor Mary Lib Saleh 4 12/31/05
Council Member Bob Edwards 5 12/31/05
Council Member Veva Lou Massey 6 12/31/05
Mayor Pro Tem Carl Tyson 7 12/31/05
HISTORICAL Thomas Stover no term
PRESERVATION Jeffrey Clay no term
COMMITTEE Bill Byers Chair for 2004
Michelle Burger Vice Chair for 2004
LIBRARY BOARD Betty Fuller 1 12/31/05
Mike McGehee 3 12/31/05
Adrianne Weinstein Alt. 1 12/31/04
Christopher McAlister Alt. 2 12/31/04
PARKS & Glendora Waldrup 2 12/31/05
LEISURE Boyce Byers 3 12/31/05
SERVICES Stacey Hollinger 6 12/31/05
Carroll Scott Alt. 1 12/31/04
Dan Clark Alt. 2 12/31/04
Jeff Sawlan Alt. 3 12/31/04
PLANNING & George Zahn 1 12/31/05
ZONING Monty Huffman 2 12/31/05
COMMISSION LuAnn Portugal 3 12/31/05
TEEN COURT Akbar Khuwaja Alt. 1 12/31/04
ADVISORY Kate Lyon Alt. 2 12/31/04
BOARD
ZONING BOARD Thomas Stover 1 12/31/05
OF ADJUSTMENT Luther Dube 2 12/31/05
Robert McMillon Alt. 1 12/31/04
Wan Chen Huang Alt. 2 12/31/04
CITY HEALTH Robert Tafel, M.D. 12/31/05
AUTHORITY
City Council Minutes Page 8 of 9 October 14,2003
ITEM NO. 11 PUBLIC COMMENTS
Wendell Mitchell, 401 Nita Lane, expressed his concerns regarding drainage in Phase 2
of the proposed development in Bell Ranch Terrace.
Billy Owens, expressed his accolades for the public works department.
ITEM NO. 12 REPORTS
CITY MANAGER
City Manager Joe Hennig reminded everyone that Rick Herold will be honored as the
first Walk of Champion recipient on Friday at 11:00 a.m. at the Parks at Texas Star.
CITY ATTORNEY
City Attorney Bob McFarland had nothing to report.
STAFF REPORT
There was no staff report.
CITY COUNCIL
Council Member Massey congratulated Joy Baldwin and Lloyd Baldwin. She also
congratulated Willie Mae McCormick on her 95th birthday. She noted that Mrs.
McCormick is donating the family barn to the city and is giving $7,500 to have the barn
relocated to the Heritage Park site. She stated the Kites over Texas was great. She
encouraged teens to read, and complimented Jimmy Beck on the flowers in the council
chambers.
Council Member Porterfield also congratulated Joy Baldwin and Lloyd Baldwin. He
mentioned the Euless Library Foundation's big fundraiser to be held on November 15tH
and commended the Library Foundation and youth library volunteers. He congratulated
each of the volunteers who were appointed to the various boards and commissions, and
stated that Euless is better off because of the volunteers. He also reminded everyone
of the Terry Glenn show being broadcast from Raven's Grille at Texas Star every
Monday night in October from 7-8 p.m.
Council Member Milller congratulated Joy Baldwin and Lloyd Baldwin. He said he
appreciated the volunteers as there is only so much our paid staff and council can do
and he was glad they volunteer. He stated the council members were able to get
everyone who applied on some board or commission. He stated his appreciation for the
council, and noted that the council learns from its citizens who participate at council
meetings.
City Council Minutes Page 9 of 9 October 14,2003
Council Member Edwards stated he was out of town recently in Virginia where
�•• Hurricane Isabel hit, and that you never realize the importance of city services until
they're not available. He said the city has some great volunteers, and he expressed
appreciation to Joy Baldwin and Lloyd Baldwin.
Mayor Pro Tern Tyson wished Council Member Miller a happy birthday. He
congratulated Joy Baldwin and Lloyd Baldwin. He stated that he and Mayor Saleh
attended a meeting of emergency preparedness with Fire Department Division Chief
Jeff Morris, and was very impressed with the preparations. He stated the council saw
the new fire truck tonight and were very impressed with it.
Mayor Saleh congratulated Joy Baldwin and Lloyd Baldwin and noted that Lloyd
Baldwin was the model for the sculpture in front of the library. She stated her
appreciation to the Library Foundation for the artwork it has donated, and noted the
board and commission appreciation dinner will be November 10.
ITEM NO. 13 ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
APPROVED:
1 j
ary Li Saleh, Mayor
ATTEST:
Susan Crim, ' MC, City Secretary