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HomeMy WebLinkAbout2004-09-14 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL SEPTEMBER 14, 2004 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, September 14, 2004, in the precouncil room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Glenn Porterfield, Council Members Carl Tyson, Leon Hogg, Linda Martin, Charlie Miller, and Veva Lou Massey. Closed session was held to discuss pending and contemplated litigation with the District Attorney's Office as authorized by Section 551.071 of the Texas Government Code. Precouncil discussion included reports from Planning and Development Director Mike Collins on sign amortization requirements and on residential development standards related to home minimum square footage requirements on in-fill tracts of land; a report from Public Works Manager Chris Barker on animal services regulations; and a review of agenda items. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:10 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Director of Economic Development Bill Ridgway, Fire Chief Lee Koontz, Police Captain Harland Westmoreland, Texas Star General Manager Glenda Hartsell-Shelton, Planning and Development Manager Eric Wilhite, City Engineer Robert Barker, Finance Administrator Vicki Rodriquez, Public Works Manager Chris Barker, Library Administrator JoAnn Rogers, Community Services Finance Manager Gary Yakesch, Police Records Clerk Amber Fanning, Public Works Field Tech Anthony Bailey, Public Works Field Tech Robert Serrato, Information Services Manager Dan McLain, Computer Services Specialist Brett Bennett, Communications/Marketing Manager Betsy Boyett, and Police Reserve Officer Clyde Cullum. VISITORS Dudley, Brendon and Chelsea Fanning, LuAnn Portugal, Charles and Mary Cinquemani, Mike Pizzelanti, Carroll Scott, Boyce Byers, Billy Owens, John Sanders, Alex Horton, Mike Utzman, and other visitors as noted in the visitor register. City Council Minutes Page 2 of 7 September 14, 2004 New INVOCATION Council Member Carl Tyson gave the invocation. PLEDGE OF ALLEGIANCE Council Member Veva Lou Massey led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Public Works Manager Chris Barker introduced Public Works Field Techs Anthony Bailey and Robert Serrato, Police Captain Harland Westmoreland introduced Police Records Clerk Amber Fanning, and City Manager Joe Hennig introduced Director of Parks and Community Services Ray McDonald. Mayor Saleh presented 5-year service pins to Anthony Bailey, Robert Serrato, and Amber Fanning, and a 10-year service pin to Ray McDonald. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Items numbered 2 through 5. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 2 AWARD OF BID NO. 026-04 Awarded Bid No. 026-04 to Reynolds Asphalt and Construction, P. O. Box 370, Euless, Texas, 76039, for the purchase of Type-D Hot Mix Asphalt, in the estimated expenditure of $290,500. APAC-Texas, Inc., 2121 Irving Blvd., Dallas, Texas, 75222-4048, and Vulcan Materials Company, P. O. Box 224048, Dallas, Texas, 75222-4048, will be used as secondary suppliers. ITEM NO. 3 AWARD OF BID NO. 027-04 Awarded Bid No. 027-04 to Charley's Concrete Co., Ltd., P. 0. Box 1106, Keller, Texas, 76244, for Redi-Mix Concrete, in the estimated expenditure of $70,000. Lattimore Materials, P. O. Box 556, McKinney, Texas, 75070; Redi-Mix L.P., 5517 Denton Highway, Haltom City, Texas, 76148; and Custom Crete, 2624 Joe Field Road, Dallas, Texas, 75229-4698, will be used as secondary suppliers. City Council Minutes Page 3 of 7 September 14, 2004 r.. ITEM NO. 4 APPROVAL OF RESOLUTION NO. 04-1185 Approved Resolution No. 04-1185 authorizing the Cities Aggregation Power Project, Inc., (CAPP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005, authorizing CAPP to act as an agent on behalf of the city to enter into a contract for electricity, authorizing the chairman of CAPP to execute an electric supply agreement for deliveries of electricity effective January 1, 2005, and committing to budget for energy purchases in 2005 and to honor the City of Euless' commitments to purchase power for its electrical needs in 2005 through CAPP. ITEM NO. 5 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of August 31, 2004. REGULAR AGENDA ITEM NO. 6 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-11-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1662 Mayor Saleh opened the public hearing at 7:23 p.m. regarding Specific Use Permit No. 04-11-SUP on Tract 3G01, John A. Groves Survey, A-599, for a pet crematory, All Paws Go To Heaven, in I-1 (Light Industrial District) zoning on South Pipeline Road, West. Director of Planning and Development Mike Collins stated that the owner, Mike Pizzelanti, currently operates a pet crematory in the Texas Star Business Centre, but is planning to build his own building. He stated that a new Permit by Rule from the Texas Commission on Environmental Quality (TCEQ) would be obtained for the new location. There have been no complaints received by the state or city regarding the business operating at the current location. Mayor Saleh asked for any proponents. Mr. Mike Pizzelanti, 2706 Shadyhill Court, Grapevine, Texas, gave a brief overview of his business and plans for the new location. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:26 p.m. In response to a question by Council Member Miller, Mr. Pizzelanti stated he plans to construct a masonry building. In response to a question by Council Member Tyson, Mr. Pizzelanti stated that they do not accept walk-in traffic, but pick up the animals instead. City Council Minutes Page 4 of 7 September 14, 2004 Council Member Miller motioned to approve the first and final reading of Ordinance No. `.. 1662 for Specific Use Permit No. 04-11-SUP on Tract 3G01, John A. Groves Survey, A- 599, for a pet crematory, All Paws Go To Heaven, in I-1 (Light Industrial District) zoning on South Pipeline Road, West, with the following conditions: (1) Tied to Mike Pizzelanti, d.b.a. All Paws Go To Heaven; (2) All activities confined to the interior of the structure; (3) No specimens allowed to be on the premises longer than 24 hours; (4) All animals awaiting cremation to be held in freezers; (5) An emergency secondary power source be provided; (6) No direct drop off; (7) Mr. Pizzelanti will report any violations or enforcement actions taken by any state or federal agency(s) regarding the operation of "All Paws"; and (8) The building will be 100% masonry. Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 APPROVAL OF SITE PLAN NO. 04-04-SP Director of Planning and Development Mike Collins stated that Krispy Kreme Corporation is planning to construct a 10,015 sq. ft. addition on 1.7 acres on the north `'�► side of the current building. The new addition will include three loading docks with roll- up doors that would be screened from view by a six foot cast stone screening wall. The new building will be constructed of 100% masonry using a combination of true stucco and cast stone found on the existing structure. Council Member Hogg motioned to approve Site Plan No. 04-04-SP for commercial development, Krispy Kreme Distribution Center, on a portion of Lot D, Block E, International/Regional Industrial Complex, located at 1300 & 1310 Westpark Way. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8 APPROVAL OF INTERLOCAL AGREEMENT Council Member Hogg motioned to approve an interlocal agreement between Tarrant County and the City of Euless for the asphalt overlay improvements to Harwood Road from North Main Street to FM 157. Council Member Massey seconded the motion. City Council Minutes Page 5 of 7 September 14,2004 Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, �.. Miller, and Massey Nays: None Mayor Saleh declared the motion carried. Mayor Saleh noted that the city is working with Tarrant County and will be splitting the costs of the overlay. ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1656 Assistant City Manager Loretta Getchell gave an overview of the tax rate which has decreased from $0.60 in 1995 to its current rate of $0.495 in 2004, which is unchanged from last year. She compared the City of Euless tax rate to the other taxing entities, noting that the city taxes are a small portion of a homeowner's tax bill. Council Member Massey motioned to approve the first and final reading of Ordinance No. 1656 adopting a tax rate of$0.495 for the City of Euless for the year 2004. Mayor Pro Tern Porterfield seconded the motion. `�- Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1657 Council Member Miller motioned to approve the first and final reading of Ordinance No. 1657 adopting the tax roll for 2004. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC COMMENTS There were no public comments. City Council Minutes Page 6 of 7 September 14, 2004 ... ITEM NO. 12 REPORTS CITY MANAGER City Manager Joe Hennig recognized Alex Horton for organizing a committee of citizens who obtained signatures on a petition to call an election regarding the sale of wine and for all his work toward the wine election which was approved by 91% of the citizens who voted September 11. He also recognized and thanked LuAnn Portugal, Boyce Byers, and Carroll Scott who worked with Alex Horton. He noted that the citizens enjoy a lot of services for the $0.495 tax rate and that multi-family units are some of the largest taxpayers in the city. CITY ATTORNEY City Attorney Bob McFarland stated that cities currently have immunity from lawsuits except for limited reasons. He noted that there is a trend in the courts eroding that immunity. He stated that when a city asserts a counter claim, it loses its immunity, and that there is also language in the Charter that could cause loss of immunity. CITY COUNCIL Council Member Tyson stated that the employees do a good job and he appreciates aft, them all. He stated he is a representative on the Regional Transportation Council, and that the RTC approved $6 billion worth of projects. He noted that $1 billion will come from regular funding, and $5 billion will come from toll road projects. Council Member Hogg congratulated the employees who were recognized earlier in the meeting. Council Member Martin also congratulated the employees and thanked Alex Horton for coordinating efforts on the wine election. She reported that she worked at Lone Star Park with several Euless police and fire personnel at the Muscular Dystrophy Telethon on Labor Day. Council Member Miller stated that Ray McDonald is an example of opportunity for employees, working up from a part-time employee to the Director of Parks and Community Services. He stated that the 9/11 remembrances reminded him he was glad to be an American with the right to vote. Mayor Pro Tern Porterfield congratulated the employees and stated his appreciation for them. He thanked Alex Horton and all the volunteers who worked on the wine election. He stated that the sale of wine will increase sales tax and economic development opportunities. He congratulated Loretta Getchell on her promotion to Assistant City Manager. Council Member Massey stated she was proud of Loretta Getchell, as well as Anthony Bailey, Amber Fanning, Robert Serrato, and Ray McDonald, who were honored tonight. City Council Minutes Page 7 of 7 September 14, 2004 Mayor Saleh thanked the wine committee members who worked in such a great way. '�- She announced the city has five teams for the Heart Walk and urged everyone's support. She congratulated Betsy Boyett for two awards the city received from 3CMA for the "Euless Today" magazine. City Manager Joe Hennig noted that Jeff Towne and Suzanne Hendrickson also work with Betsy Boyett on the magazine. ITEM NO. 13 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:00 p.m. APPROVED: a.%sjiAllY Mary Li Saleh, Mayor ATTEST: sior , Susan 'rim, MC, City Secretary