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HomeMy WebLinkAbout2004-03-23 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL MARCH 23, 2004 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:08 p.m. on Tuesday, March 23, 2004, in the pre-council room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Carl Tyson, Council Members Leon Hogg, Bob Edwards, Charlie Miller, and Glenn Porterfield. Council Member Veva Lou Massey was absent. Precouncil discussion included a report by Finance Administrator Vicki Rodriquez and Community Services Finance Manager Gary Yakesch of the city's financial report for February; an update by City Manager Joe Hennig and Director of Public Works Ron Young on the Pipeline Road reconstruction project including the interlocal agreement being negotiated with the City of Bedford; an update by City Manager Joe Hennig on the Glade Road reconstruction project including the interlocal agreement being negotiated with the City of Grapevine; a discussion of the city council members' position on toll roads for Mayor Pro Tern Tyson's presentation to the Regional Transportation Council; and a review of agenda items. Closed session was held to discuss pending litigation of Dickey Apartments as authorized by Section 551.071 of the Texas Government Code. 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 Public Works Ron Young, Director of Parks and Community Services Ray McDonald, Director of Economic Development Bill Ridgway, Director of Fiscal and Administrative Services Loretta Getchell, Fire Chief Lee Koontz, Assistant Police Chief Bob Freeman, Fire Battalion Chief Gary Thompson, City Engineer Robert Barker, Public Works Manager Chris Barker, Fleet & Facility Administrator Kyle McAdams, Texas Star General Manager Glenda Hartsell-Shelton, Library Administrator JoAnn Rogers, Information Services Manager Dan McLain, Community Services Finance Manager Gary Yakesch, Recreation Manager Suzanne Hendrickson, GIS Manager David Allen, Fire Captain Keith Smith, Fire Lt. Kip Smith, Fire Lt. Zane Cruze, Driver Engineer George Buttler, Driver Engineer Allan Cavander, Driver Engineer Lance Judd, Driver Engineer Mike Christensen, Firefighter/Paramedic Ken Kelly, Firefighter/Paramedic David Johnson, Firefighter/Paramedic Jason Moon, Computer Services Specialist Kim Ross, Administrative Secretary Kaye Anderson, City Council Minutes Page 2 of 12 March 23,2004 Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde �.. Cullum. VISITORS Lori & Sarah De La Cruz, Bruce and Mary Lyle, Brett Eggleston, Robert Medigovich, Greg Roemer, Brian Kline, Gary Davel, Dane Hedges, Don Harrington, Jerry Goad, Keith Eggers, Billy Owens, Linda Martin, Alex Horton, and other visitors as noted in the visitor register. INVOCATION Pastor Gary Davel, Daybreak Fellowship Church, gave the invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop No. 253 led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Fire Chief Lee Koontz introduced Fire Captain Keith Smith. Director of Fiscal and Administrative Services Loretta Getchell and Manager of Information Services Dan McLain introduced GIS Manager David Allen. Director of Parks and Community Services Ray McDonald introduced Recreation Manager Suzanne Hendrickson. Mayor Saleh presented a 20-year service pin to Keith Smith, a 15-year service pin to David Allen, and a 5-year service pin to Suzanne Hendrickson. Mayor Saleh noted that Library Analyst Becky Moren and Police Corporal Randy Burns were unable to attend the meeting to receive their pins, 5-year and 15-year, respectively. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Saleh presented a proclamation to Staff Sgt. Brett Eggleston for his valor, bravery, and dedication to the United States of America, in his service in the war in Iraq. Staff Sgt. Eggleston introduced his mom and her husband, Bruce & Mary Lyle, his sister and niece, Lori and Sarah DeLaCruz, and his fiancée, Julia. ITEM NO. 3 ANNUAL RECYCLING REPORT Greg Roemer, Community Waste Disposal, gave an update on the recycling program and presented Mayor Saleh with a plaque. ITEM NO. 4 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD *ft. Mayor Pro Tem Tyson presented the Distinguished Budget Presentation Award received from the Government Finance Officers Association (GFOA) to Director of City Council Minutes Page 3 of 12 March 23,2004 Fiscal and Administrative Services Loretta Getchell. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Items numbered 5 through 9. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5 RENEWAL OF BID NO. 012-03 Renewed Bid No. 012-03 with O'Donnell's Landscape Services, Inc., 2140 E. Southlake Blvd., Suite L607, Southlake, Texas, 76092, for the annual contract covering mowing maintenance to include additional maintenance areas (Gateway Blvd. median and right- of-way, FM 157 median, Ector Drive right-of-way, and North Main Street median), and the removal of the Del Paso median, in the revised amount of $200,086.98. This was *44., the first one-year renewal with two additional one-year renewal options remaining. ITEM NO. 6 APPROVAL OF RESOLUTION NO. 04-1169 Approved Resolution No. 04-1169 increasing the additional penalty charged to the delinquent taxpayer, with no financial impact on the City of Euless, for the collection of delinquent taxes to 20% from 15% pursuant to TEX. TAX CODE § §33.07 and 33.08. ITEM NO. 7 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH ION DESIGN GROUP, LLC, FOR THE DESIGN OF THE PRESERVE AT MCCOMICK PARK Authorized the city manager to negotiate and execute a contract with ION Design Group, LLC, 2800 N. Henderson Avenue, Suite 100, Dallas, Texas, 75206, for the design of the 27.75 acre nature preserve including open space, hike/bike trail linkage from McCormick Park to the Villages of Bear Creek Park, a boardwalk, playground, fishing pier, picnic stations with grills, a pavilion, wetland/birding habitat, historic tree grove, outdoor classroom, and interpretative signage to be known as Preserve at McCormick Park. City Council Minutes Page 4 of 12 March 23,2004 ITEM NO. 8 AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH `�.• TEXAS PARKS & WILDLIFE DEPARTMENT FOR A $500,000 GRANT TO BE UTILIZED FOR THE PRESERVE AT MCCORMICK PARK Authorized city manager to enter into a contract with Texas Parks & Wildlife Department for a $500,000 grant to be utilized for the Preserve at McCormick Park with a matching contribution from the city. ITEM NO. 9 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of March 11, 2004. REGULAR AGENDA ITEM NO. 10 APPROVAL OF RESOLUTION NO. 04-1170 Council Member Porterfield motioned to approve Resolution No. 04-1170 opposing tax system reforms that would negatively affect city revenues and economic development efforts. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. Council Member Miller stated that the position of the City of Euless is that property tax decisions need to be made locally. Mayor Saleh pointed out that the City of Euless has lowered property taxes consistently over the last 12 years. ITEM NO. 11 PUBLIC HEARING AND APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. 1625 Mayor Saleh opened the public hearing at 7:40 p.m. regarding the second and final reading of Ordinance No. 1625 extending the current Oncor Franchise Agreement six (6) months from its current expiration date of April 30, 2004, to October 30, 2004. Director of Economic Development Bill Ridgway stated that he will be back in the near future with the franchise agreement. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:41 ``" p.m. City Council Minutes Page 5 of 12 March 23,2004 Council Member Edwards motioned to approve the second and final reading of �.. Ordinance No. 1625 extending the current Oncor Franchise Agreement six (6) months from its current expiration date of April 30, 2004, to October 30, 2004. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 DEDICATION OF A 10.311 ACRE TRACT (LEVI FRANKLIN SURVEY, ABSTRACT NO. 513) AS A "WETLAND MITIGATION AREA" AND RESTRICTING THE USE PER THAT DEDICATION Council Member Hogg motioned to approve dedication of a 10.311 acre tract out of the Levi Franklin Survey, A-513, as a "wetland mitigation area" and restrict the use per that dedication. The property is subject to special conditions of the U. S. Army Corps of Engineers Nationwide Permit 26. As a part of the Mid-Cities Blvd. reconstruction, a mitigation plan was implemented and restrictions were to be placed against the property for the purpose of providing compensation for adverse impacts to waters of the United States. The restriction would dedicate the property in perpetuity as "a wetland mitigation area" and any disturbance of the dedicated property shall require prior approval of the District Engineer, U. S. Army Corps of Engineers, Fort Worth District, or his/her duly authorized representative. The city owned property is located within the floodplain as designated by the Federal Emergency Management Agency (FEMA). Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13 RECOMMENDATION TO TARRANT COUNTY TO AWARD A CONTRACT FOR CDBG PROJECT NO. B03-UC-48-0001-22-50 Council Member Miller motioned to approve recommendation to Tarrant County to award a contract for CDBG Project No. B03-UC-48-0001-22-50 to Horseshoe Construction, Inc., for the replacement of sanitary sewer mains in the Park Crestmoor Addition in the amount of $295,401.45. Tarrant County Community Development will pay $95,001.00, with the City of Euless participating by providing the balance of the contract in the amount of $200,400.45, and agreeing to authorize up to an additional $10,000.00 to cover authorized change orders. City Council Minutes Page 6 of 12 March 23,2004 Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14 APPROVAL OF SITE PLAN NO. 04-02-SP Director of Planning and Development Mike Collins stated the applicant, Mary Shepherd, is replatting the subject property just south of Harwood Crossing Shopping Center on North Main Street into two lots, with plans to develop a 7,000 sq. ft. professional office building on the front 1.25 acres. The building will be one story and designed residential in character and appearance, with required parking along the front, rear and sides. A 6 ft. high masonry wall will be constructed along the south property line for the portion of the lot to be developed at this time. As development occurs on the east lot, the remaining 6 ft. high masonry wall will be constructed along the south and west property lines. Council Member Miller motioned to approve Site Plan No. 04-02-SP for a 7.000 sq. ft. professional office building on Tract 6C2, Solomon Huitt Survey, A-705, located adjacent and south of the Harwood Crossing Shopping Center on North Main Street. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. Council Member Miller thanked Mary Shepherd for the brick fencing on the south and later to the east. He stated he would like for her to work with the shopping center owner to replace the northern fence with brick. Mary Shepherd stated she is moving out of the shopping center and they are not currently agreeable. ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1630 Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1630 extending certain traffic rules that apply to roads owned by the city to specific streets (Horseshoe Drive and Bridle Drive) in the Harwood Court Addition. Council Member Miller seconded the motion. City Council Minutes Page 7 of 12 March 23,2004 Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, �.• and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-04-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1631 Mayor Saleh opened the public hearing at 7:50 p.m. regarding Specific Use Permit No. 04-04-SUP on Lot 4AR1, Westpark Central Addition, for arcade and billiards within Gators Restaurant in C-2 (Community Business District) zoning, located at 2155 West Airport Freeway, #100. Director of Planning and Development Mike Collins stated that one of the general operating managers of Gators Restaurant, Dane Hedges, is requesting renewal of the specific use permit. Gators is in the fifth year of a seven year lease. The owner of the property is Embassy Properties and the restaurant is owned by Bennet Resources. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:51 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1631 for Specific Use Permit No. 04-04-SUP on Lot 4AR1, Westpark Central Addition, for arcade and billiards within Gators Restaurant in C-2 (Community Business District) zoning, located at 2155 West Airport Freeway, #100, with the following conditions: (1) Tied to the current ownership and management; Embassy Properties, Bennet Properties, and General Managers Dane Hedges and Johnny Ragland; (2) Valid for one year; and (3) No sexually-oriented business promotions/activities on the premises. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Council Members Hogg, Edwards, Miller, and Porterfield Nays: Mayor Pro Tern Tyson Mayor Saleh declared the motion carried. ITEM NO. 17 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-05-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1632 Mayor Saleh opened the public hearing at 7:53 p.m. regarding Specific Use Permit No. 04-05-SUP on Lot 2, Block 2, John Groves Addition, for New Life Fellowship Church in TX-10 (Texas Highway Multi-use District) zoning, located at 3002 West Euless Boulevard. City Council Minutes Page 8 of 12 March 23,2004 Director of Planning and Development Mike Collins stated that New Life Fellowship �.. Church is requesting to renew their specific use permit. Mr. Collins stated the Planning and Zoning Commission recommendation does not include a time limit because the church is planning to close on the purchase of the subject property within 90 days. They are also attempting to purchase the restaurant on the corner of SH 10 and Raider Drive. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:54 p.m. Mayor Pro Tem Tyson asked the pastor, Nathan Kantu if the 90 day purchase included purchase of the corner property. Rev. Kantu stated that they are in negotiations to purchase the property and the restaurant. In response to a question concerning parking, he noted that 33 out of the 43 parking spaces belong to the church. Director of Planning and Development Mike Collins noted that the corner lot with the restaurant is not part of this request. He stated that as part of the original SUP approval, Rev. Kantu has an agreement on file from the restaurant owner allowing use of the restaurant parking lot for church services. Council Member Porterfield did not believe approval should be contingent on purchase of the corner lot since it is not part of the request. Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1632 for Specific Use Permit No. 04-05-SUP on Lot 2, Block 2, John Groves Addition, for New Life Fellowship Church in TX-10 (Texas Highway Multi-use District) zoning, located at 3002 West Euless Boulevard, with the following conditions: (1) Tied to current pastor, Rev. Nathan Kantu; (2) Tied to congregation, New Life Fellowship Church; and (3) Tied to ownership, New Life Fellowship Church. Ownership must be verified within ninety days or SUP becomes invalid. Mayor Pro Tem Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 18 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE NO. 04-01-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1633 Mayor Saleh opened the public hearing at 8:01 p.m. regarding Unified Development Code No. 04-01-UDC, for a change to Code of Ordinances Chapter 84 "Unified City Council Minutes Page 9 of 12 March 23,2004 Development Code" in order to amend Section 84-336(b)(4), and (d) Table 7-A, "Screening Requirements." Director of Planning and Development Mike Collins stated that Chapter 84 is being amended to require a solid masonry wall, not less then 6 ft. nor more than 8 ft., to be constructed by the developer of one- and two-family residential projects if the side or rear yards back up to public rights-of-way. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:02 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1633 for Unified Development Code No. 04-01-UDC, for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84- 336(b)(4), and (d) Table 7-A, "Screening Requirements." Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. Council Member Miller stated he was glad to see this ordinance approved and that it will be a nice enhancement to the requirements. ITEM NO. 19 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE NO. 04-02-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1634 Mayor Saleh opened the public hearing at 8:03 p.m. regarding Unified Development Code No. 04-02-UDC, for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-84 "Table 4-A Permitted Primary Uses" to remove "truck rental and leasing" as a permitted use in the TX-10 District and to add "passenger car rental" and "passenger car leasing" as permitted uses with specific use permits in C-2, LI, I-1, 1-2, and the TX-10 districts. Director of Planning and Development Mike Collins stated that this amendment will remove truck rental and leasing from the permitted uses in the TX-10 district. He noted that truck rentals will only be allowed by right in industrial zoning districts. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:05 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1634 for Unified Development Code No. 04-02-UDC, for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-84 City Council Minutes Page 10 of 12 March 23,2004 "Table 4-A Permitted Primary Uses" to remove "truck rental and leasing" as a permitted �.. use in the TX-10 District and to add "passenger car rental" and "passenger car leasing" as permitted uses with specific use permits in C-2, LI, I-1, 1-2, and the TX-10 districts. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. ITEM NO. 20 PUBLIC HEARING AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1635 Mayor Saleh opened the public hearing at 8:07 p.m. regarding a change to Code of Ordinances Chapter 66 "Solid Waste" in order to amend Chapter 66, Article II, "Solid Waste Services" deleting ordinance provisions pertaining to the contract between the solid waste collection contractor and the city. Director of Planning and Development Mike Collins stated that Chapter 66 currently contains specific agreement with the garbage company, and that those specifics are being eliminated. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:08 p.m. Council discussion took place regarding keeping the time trash cans can be placed at the curb the day before pickup at 7:00 p.m. instead of 8:00 p.m. as proposed by the subject ordinance. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1635 for a change to Code of Ordinances Chapter 66 "Solid Waste" in order to amend Chapter 66, Article II, "Solid Waste Services" deleting ordinance provisions pertaining to the contract between the solid waste collection contractor and the city, with the amendment to Sec. 66-12, "Scope of Refuse Collection Work", Subsection (c), "Time of Placement and Retrieval Condition", changing the time garbage containers can be placed at the curb to 7:00 p.m. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Edwards, Miller, and Porterfield Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 11 of 12 March 23,2004 ITEM NO. 21 PUBLIC COMMENTS Alex Horton, 806 Little Creek Drive, gave an update of the wine sale committee efforts and stated the petition drive will begin on Saturday March 27, and continue until April 17 at local grocery stores and they will also have a booth at Arbor Daze. ITEM NO. 22 REPORTS CITY MANAGER City Manager Joe Hennig congratulated Mary Shepherd on her office building and noted that she is also building a house and will be one of his new neighbors. He stated he is proud of Loretta Getchell and the finance staff on the wonderful job they do for the city. He stated that Council Member Porterfield hosted a Boy Scout breakfast this morning and thanked those that attended. CITY ATTORNEY City Attorney Bob McFarland stated that the governor's proposed initiative on public education does have legs and that lobbyists for the cities will be meeting on Friday to establish a formal game plan in response. He noted that the governor and his chairs are serious. STAFF REPORT GIS Manager David Allen gave a demonstration of the geographic information system and its uses. CITY COUNCIL Council Member Porterfield congratulated Suzanne Hendrickson, David Allen, and Keith Smith for their service, stating that it is a great pleasure to see employees honored. He thanked David Allen for his informative GIS presentation. He commended Staff Sgt. Brett Eggleston for his service to the country and stated it was a pleasure to honor him. He congratulated Loretta Getchell and her staff on their award. He stated the Boy Scout fundraiser he hosted with staff and elected officials' efforts raised $6,500 this morning. Council Member Miller congratulated Suzanne Hendrickson, David Allen, and Keith Smith on receiving their service pins. He stated the Star Telegram report on crime reveals Euless is a safe city. He asked City Manager Joe Hennig if the Economic Development Department can present a neutral report on the impact that wine sales would have on the city at the next meeting. Council Member Edwards thanked Loretta Getchell and stated her report reflects the ti.. quality of work she does. He also congratulated David Allen on his great presentation and service pin he received, as well as Suzanne Hendrickson and Keith Smith. He stated he wouldn't expect anything less of a Boy Scout fundraiser. City Council Minutes Page 12 of 12 March 23,2004 �.. Council Member Hogg thanked the employees for a job well done. Mayor Pro Tern Tyson thanked Suzanne Hendrickson, David Allen, and Keith Smith. He stated that Loretta Getchell makes the city council's job easier with budget preparation. He congratulated Mike Collins on his work with the zoning issues and ordinance changes. Mayor Saleh congratulated all the employees and stated Euless has a great staff. She stated the April issue of Forbes magazine features Euless and its award for the best- managed small city. She noted that her friend who won the dinner with fire station personnel had a fun time. ITEM NO. 23 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:47 p.m. APPROVED: d u - ,. /t/ Mary Lib aleh, Mayor ATTEST: us- Crim, C C, City Secretary