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HomeMy WebLinkAbout2005-05-31 r," MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL MAY 31, 2005 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, May 31, 2005, 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. The precouncil meeting included a report given by Mayor Saleh from the Development Committee recommending that current zoning on vacant properties remain the same until such time as a request for a specific project is brought forward; a financial report from Finance Administrator Vicki Rodriquez and Finance Controller Gary Yakesch for the month of April; an update from Planning and Development Manager Eric Wilhite on code and development issues; a report from Youth Librarian Janet Frey on upcoming summer activities; and an update from Parks and Community Services Director Ray McDonald on The Preserve at McCormick Park, the new Splash Island at South Euless swimming pool, Parks at Texas Star Phase III, and the move of the sand volleyball court from the Parks at Texas Star to Bob Eden Park. Mr. McDonald also reported that nonprofit groups collectively earned approximately $60,500 at Arbor Daze. Agenda items were then reviewed. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:05 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 Paul Wieneskie, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Economic Development Bill Ridgway, Director of Public Works and Engineering Ron Young, Director of Parks and Community Services Ray McDonald, Police Chief Leonard Carmack, Assistant Fire Chief Robert Isbell, Fire Marshal Paul Smith, Texas Star General Manager Glenda Hartsell-Shelton, City Engineer Robert Barker, Planning and Development Manager Eric Wilhite, Human Resources Administrator J. T. Ackerman, Library Administrator JoAnn Rogers, Recreation Specialist Diane Eggers, Recreation Manager Suzanne Hendrickson, Athletic/Aquatic Supervisor Chris Thames, Information Services Administrator Dan McLain, Computer Services Specialist Kim Ross, Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. City Council Minutes Page 2 of 10 May 31,2005 VISITORS Keith Eggers, Paula and Blaine McKamie, Rose Miller and daughter, Shannon, and granddaughter, Charlotte Rose, Mindy & Ella Lynn Thames, Troy Fuller, Alex Horton, John Sanders, Billy Owens, and other visitors as noted in the visitor register. INVOCATION Father John Robert Skeldon, St. Michael Catholic Church, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Carl Tyson led the Pledge of Allegiance. ITEM NO. 1 SPECIAL PRESENTATION A Euless flag was presented to the city council by Keith and Diane Eggers, parents of Sgt. Kyle Eggers, who was killed in action in Iraq. The Euless flag was previously given to Kyle and his troop and flew over Habbaniyah, Iraq. The flag had been signed by members of Kyle's troop. ITEM NO. 2 PRESENTATION OF EMPLOYEE OF THE MONTH FOR JUNE Director of Parks and Community Services Ray McDonald and Recreation Manager Suzanne Hendrickson introduced Athletic Supervisor Chris Thames, his wife, Mindy, and daughter, Ella Lynn. Mayor Saleh presented Chris with a plaque for being selected employee of the month for June. ITEM NO. 3 ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION City Attorney Paul Wieneskie administered the Oath of Office to Mayor Mary Lib Saleh, Council Member Leon Hogg, and Council Member Charlie Miller and presented them with Certificates of Election. ITEM NO. 4 SELECTION OF MAYOR PRO TEM Council Member Martin motioned to select Mayor Pro Tem Glenn Porterfield as Mayor Pro Tem for the coming year. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Hogg, Martin, Miller, and Massey �`` Nays: Council Member Tyson City Council Minutes Page 3 of 10 May 31,2005 �., Mayor Saleh declared the motion carried. CONSENT AGENDA Council Member Hogg motioned to approve Consent Agenda Items numbered 5 through 8. Mayor Pro Tern Porterfield 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. 5 AUTHORIZED CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH MARQUIS RECONSTRUCTION AND PRESERVATION FOR THE RESTORATION OF THE MCCORMICK BARN Authorized the city manager to negotiate and execute a contract with Marquis Restoration and Preservation for the relocation and restoration of the McCormick Barn Nur at Heritage Park in the estimated expenditure of $30,000; $7,500 from donated funds, $7,500 from Historical Preservation Funds, and $15,000 Contingency Funds. ITEM NO. 6 RENEWAL OF BID NO. 017-02 Renewed Bid No. 017-02 for a two-year extension to the current contract for the purchase of prescription medications under the employee health plan with Scott & White Prescription Services (SWPS), in the estimated expenditure of$400,000. ITEM NO. 7 APPROVAL OF RESOLUTION NO. 05-1201 Approved Resolution No. 05-1201 designating the City of Euless as a Direct Entitlement City, for participation in Tarrant County's Community Development Block Grant and home investment partnership program for the Three Program Year Period, Fiscal Year 2006 through Fiscal Year 2008, subject to the Joint Administrative Agreement authorizing Tarrant County to act as administrator. ITEM NO. 8 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of May 10, 2005, and the Special Called Meeting of May 16, 2005. City Council Minutes Page 4 of 10 May 31, 2005 REGULAR AGENDA N110, ITEM NO. 9 CONTINUATION OF PUBLIC HEARING FOR ZONING CASE NO. 05- 02-ZC AND DENIAL OF ORDINANCE NO. 1686 Mayor Saleh continued the public hearing at 7:30 p.m. for Zoning Case No. 05-02-ZC on Lot 1, Block 1, Williamsburg Addition, 400 block Bear Creek Drive from C-1 (Neighborhood Business District) zoning to R-1L (Single Family Limited Dwelling District) zoning. Planning & Development Manager Eric Wilhite stated that Key Life Homes, Inc., is proposing to build single family homes on 5.371 acres located at the northeast corner of Mid-Cities Blvd. and Bear Creek Drive, south of Bear Creek Elementary School. The property is currently zoned C-1. The Planning and Zoning Commission and staff recommends denial, preferring the property remain zoned for commercial. Mayor Saleh asked for any proponents. Terry Penn; Key Life Homes, Inc., 500 Towne Cove, Irving, Texas, stated the property is not best served as commercial. He stated Key Life is constructing homes on the northwestern corner of Mid-Cities Blvd. and Bear Creek Drive. There is an elementary school to the north, and the property to the east is commercial. There being no other proponents, Mayor Saleh asked for any opponents. Esther Johnson, 1205 Pebble Creek, Euless, expressed concern that the homes not be planned in the floodplain and that the lots be wider than 45 ft. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Member Miller stated he believed that residential serves the property better than commercial. He noted that there are two strip centers north on N. Main Street that are struggling. Mayor Saleh asked the engineering department to address the drainage. City Engineer Bob Barker stated that Little Bear Creek is south of the subject property. If the floodplain is found to come across these lots, the homes will be required to be built two feet above the floodplain. Council Member Tyson asked about the easement drawn on the map in the middle of the cul-de-sac. Mr. Penn stated that the easement, storm sewer and infrastructure were put in with the previously proposed multi-family development. The storm sewer and water would be `"' relocated with the proposed development. City Council Minutes Page 5 of 10 May 31,2005 Planning & Development Manager Eric Wilhite stated that platting will determine the lots .i,.. and easements. He noted that this item is just to change the zoning. Mayor Saleh stated she would agree with single family instead of single family limited zoning. Mayor Pro Tern Porterfield motioned to approve Ordinance No. 1686 for a zoning change on Lot 1, Block 1, Williamsburg Addition, 400 block Bear Creek Drive from C-1 (Neighborhood Business District) zoning to R-1L (Single Family Limited Dwelling District) zoning. Council Member Miller seconded the motion. Ayes: Mayor Pro Tern Porterfield and Council Member Miller Nays: Mayor Saleh, Council Members Tyson, Hogg, Martin and Massey Mayor Saleh declared the motion failed. ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1688 Council Member Martin motioned to approve the first and final reading of Ordinance No. 1688 amending Chapter 34 "Fire Prevention and Protection" of the City of Euless Code of Ordinances, by repealing Sections 34-40 "Roping Off Fire Scene"; 34-41 "Command of Fire Officials at Fires"; 34-68 "Investigating Fires; Records"; 34-73 "Right of Entry"; 34-74 "Inspection on Complaint or Periodically; Appeals From Orders; Reports to State Fire Marshal"; 34-106 "Service Stations"; 34-107 "Mobile Service Station Units Prohibited"; 34-131 "Fire Lane Marking"; and 34-132 "Obstructing"; Amending Section 34-105 "Amendments" Subsection (64) "Section 508.5.1.2 Hydrant Placement" (d) and (e); and amending Subsection (79) "Section 903.1.3 "Existing Structures" (b). Council Member Massey 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 HEARING FOR PLANNED DEVELOPMENT NO. 05-02-PD AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1689 Mayor Saleh opened the public hearing at 7:54 p.m. for Planned Development No. 05- "`" 02-PD changing the zoning on Tracts 3D, 3E and 3F, J. P. Halford Survey, A-711, located at 315 and 403 Himes Drive, from PD 1434 (Planned Development 1434) based on C-1 with prohibited uses to PD (Planned Development) based on R-1 zoning. City Council Minutes Page 6 of 10 May 31, 2005 stow Planning & Development Manager Eric Wilhite stated that Top Dollar Homes is requesting to rezone the property known as the Himes tract for residential. The property would be subdivided into six lots. The planned development would allow an exception to the minimum dwelling unit size requirement that would allow him to develop two of the lots with 1,500 sq. ft. These two lots each contain specimen caliper post oak trees. The reduced minimum house size would allow the structures to remain outside of the tree canopy drip line, thereby, reducing any potential damage to the trees. Mayor Saleh asked if there were any proponents. Jerry Ferish, Top Dollar Home Buyers, 7508 Circle Drive, North Richland Hills, Texas, noted that the other four homes will be a minimum of 1,700 sq. ft. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:57 p.m. In response to questions regarding a different lot configuration, Mr. Ferish stated they have tried different configurations, but this is the most workable. Council Member Massey motioned to approve the first and final reading of Ordinance No. 1689 changing the zoning on Tracts 3D, 3E and 3F, J. P. Halford Survey, A-711, located at 315 and 403 Himes Drive, from PD 1434 (Planned Development 1434) based No. on C-1 with prohibited uses to PD (Planned Development) based on R-1 zoning with the following conditions: (1) Orange safety netting be erected under the drip line of each tree prior to any grading or construction and be maintained during the entire construction period; (2) Grading under the trees designated as trees A, B, and C, to remain as is today; and (3) All commercially reasonable efforts be made to safeguard the trees. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Hogg, Martin, and Massey Nays: Council Members Tyson and Miller Mayor Saleh declared the motion carried. ITEM NO. 12 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE NO. 05-01-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1690 Mayor Saleh opened the public hearing at 8:06 p.m. regarding Ordinance No. 1690 amending Section 84-85 "Special Conditions by Use Type" of Chapter 84 "Unified Development Code" of the Code of Ordinances by changing restrictions upon parking of Now vehicles used in home occupations. City Council Minutes Page 7 of 10 May 31,2005 Planning & Development Manager Eric Wilhite stated that the amendments are to establish cross references to recent amendments made to Chapter 82. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:07 p.m. Council Member Martin motioned to approve the first and final reading of Ordinance No. 1690 amending Section 84-85 "Special Conditions by Use Type" of Chapter 84 "Unified Development Code" of the Code of Ordinances by changing restrictions upon parking of vehicles used in home occupations. Council Member Hogg 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. 13 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE NO. 05-02-UDC AND TABLE OF FIRST AND FINAL READING OF ORDINANCE NO. 1691 Mayor Saleh opened the public hearing at 8:08 p.m. regarding Ordinance No. 1691 amending Section 84-7 "Definitions and Word Usage" of Chapter 84 "Unified Development Code" of the Code of Ordinances by providing definitions of amusement machines and prohibited amusement machines. Planning & Development Manager Eric Wilhite requested that the item be tabled and the public hearing continued at the next council meeting to allow further review by the city attorney. Council Member Massey motioned to table Ordinance No. 1691, to a date uncertain, amending Section 84-7 "Definitions and Word Usage" of Chapter 84 "Unified Development Code" of the Code of Ordinances by providing definitions of amusement machines and prohibited amusement machines. Council Member Hogg seconded the motion. Council Member Martin requested to amend the motion to include continuing the public hearing to a date uncertain. Council Members Massey and Hogg agreed with the amendment. Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin, '`"' Miller, and Massey Nays: None City Council Minutes Page 8 of 10 May 31,2005 Mayor Saleh declared the motion carried. ITEM NO. 14 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE NO. 05-03-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1692 Mayor Saleh opened the public hearing at 8:14 p.m. regarding Ordinance No. 1692 amending Section 84-7 "Definitions and Word Usage" and Section 84-84 "Permitted Uses Table" of Chapter 84 "Unified Development Code" of the Code of Ordinances by providing a definition of a "Temporary Structure" and regulations for use thereof and permanent requirements; and adding a new Section 30-7 "Temporary Structures" of Chapter 30 "Fees" of the Code of Ordinances. Planning & Development Manager Eric Wilhite stated that the amendments were needed for clarification and to establish a fee for temporary structure permits. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:15 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1692 amending Section 84-7 "Definitions and Word Usage" and Section 84-84 "Permitted Uses Table" of Chapter 84 "Unified Development Code" of the Code of Ordinances by providing a definition of a "Temporary Structure" and regulations for use thereof and permanent requirements; and adding a new Section 30-7 "Temporary Structures" of Chapter 30 "Fees" of the Code of Ordinances. Council Member Tyson 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. 15 APPROVAL OF SITE PLAN NO. 05-03-SP Planning & Development Manager Eric Wilhite stated that ACS Development, LLC, and owner Miracle Dream Investment, LLC, are requesting approval of a site plan for commercial retail and office development to be located on Tract 5F01, T. Jasper Survey, A-861, located in the 2100 block of West Airport Freeway. The property is located between a former restaurant and Express Signs. The property was recently platted establishing a mutual access easement that extends from the eastbound Airport Freeway frontage road to the rear of the lot, and through to the south property line of the rear lot. City Council Minutes Page 9 of 10 May 31,2005 Council Member Miller motioned to approve Site Plan No. 05-03-SP for commercial retail and office development to be located on Tract 5F01, T. Jasper Survey, A-861, located in the 2100 block of West Airport Freeway. 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. 16 PUBLIC COMMENTS There were no public comments. ITEM NO. 17 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig thanked Keith and Diane Eggers for the presentation of the flag, and stated he appreciated their gift. He thanked Deputy City Manager Gary McKamie and Assistant City Manager Loretta Getchel for doing a good job while he was on vacation recently. He congratulated Athletic/Aquatic Supervisor Chris Thames for being selected employee of the month. He stated that Chris was a great choice and outstanding employee, and expressed his appreciation for good employees. CITY ATTORNEY City Attorney Paul Wieneskie stated he has enjoyed attending the council meetings the past five months and that City Attorney Bob McFarland will be back at the next meeting. CITY COUNCIL Council Member Massey congratulated Chris Thames. She stated her heart and prayers go out to the Eggers family and that the flag will be treasured. She attended the Citizen Police Academy graduation of Class 20. She stated she and David have been riding bikes on the hike and bike trail and congratulated Director of Parks and Community Services Ray McDonald on the wonderful trails. She stated she looks forward to welcoming the troops next week. She thanked City Attorney Paul Wieneskie �,r, for his attendance at the council meetings. City Council Minutes Page 10 of 10 May 31, 2005 Mayor Pro Tern Porterfield congratulated Mayor Saleh and Council Members Hogg and .r., Miller on their reelection and thanked those on the council who voted for him to continue as mayor pro tern. He expressed his love, sympathy, and gratitude to the Eggers family. He congratulated Chris Thames. He stated that a new neighbor told him he was pleased to have discovered the trails in Villages of Bear Creek and asked that he pass that on to the city council and Ray McDonald. He thanked Ray for all that he does to improve the parks system. Council Member Miller congratulated Mayor Saleh and Council Member Hogg on their reelection. He thanked the Eggers for the gift of the flag and stated he missed their son, Kyle. He congratulated Chris Thames and stated he provides outstanding leadership. He stated he attended the Grapevine-Colleyville ISD awards banquet as the Euless representative and that Euless sponsored a student and teacher. He expressed appreciation for the city's sponsorship. Council Member Martin congratulated Chris Thames stating he is a solid and dependable employee. She expressed her heartfelt thanks to the Eggers family for their sacrifice. She stated she has a new appreciation for the Euless City Council and staff after attending the Cedar Park council meeting where her nephew recently became a council member. Council Member Hogg thanked Keith and Diane Eggers for their sacrifice. He reported that he attended the International Council of Shopping Centers (ICSC) conference with �, Director of Economic Development Bill Ridgway and Council Member Massey. He stated the city should see great things from the conference in the next two years. He thanked all the employees for their service to the city. Council Member Tyson congratulated Mayor Saleh and Council Members Hogg and Miller for being reelected and for their sacrifice of service. He congratulated Chris Thames stating he deserved the award. He thanked Keith and Diane Eggers for the flag and stated that Kyle did not lose his life, but gave his life so we could be free. Mayor Saleh thanked the Eggers for the flag and stated staff will find a place to put it on display. She congratulated Chris Thames. She also stated she enjoys serving with this council and this staff who care so much for the city. ITEM NO. 18 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:40 p.m. APPROVED: ATTEST: Vi Mary Lib aleh, Mayor usan Crim, C■ C, City Secretary