HomeMy WebLinkAbout2008-10-28 ,,. MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
OCTOBER 28, 2008
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, October 28, 2008, in the Precouncil Conference Room
of City Hall, 201 North Ector Drive. Those present included: Mayor Mary Lib Saleh,
Mayor Pro Tem Linda Martin, Council Members Tim Stinneford, Leon Hogg, Glenn
Porterfield, and Perry Bynum. Council Member Donna Mickan was not present.
The precouncil meeting included:
• A report from Mayor Saleh on the recent Tarrant County Community
Development Block Grant Neighborhood Stabilization Program meeting;
> Announcement of upcoming city activities and events by City Secretary Susan
Crim;
‘4%., > A report of the early voting turnout to date and an update on election day
procedures by City Secretary Susan Crim;
• An update on Tall Timbers Drive by City Manager Gary McKamie;
• Discussion of Ordinance No. 1833, related to transient dwellings, led by Bradford
E. Bullock, with the Law Offices of William M. McKamie;
> A financial update from Director of Finance Vicki Rodriquez on the end of Fiscal
Year 2008 and the beginning of Fiscal Year 2009, including a review of the City's
investment strategy;
• Discussion by Deputy City Manager Loretta Getchell of the Cities Aggregation
Power Project (CAPP) long-term contract;
> A report by Director of Economic Development Bill Ridgway on the semi-annual
Crud Collection of hazardous material held on Saturday, October 18, 2008;
> An update by Director of Economic Development Bill Ridgway of the upcoming
International Conference of Shopping Centers to be held in San Antonio;
• An update of construction at Texas Star and other capital projects by City
Manager Gary McKamie;
> and the review of agenda items.
City Council Minutes Page 2 of 10 October 28, 2008
The city council convened into closed session at 6:52 p.m. for deliberation of pending
litigation concerning Short vs. Euless as authorized by Section 551.071 of the Texas
Government Code; deliberation regarding real property concerning leasing of city
property north of Harwood Road and the Parker Tract as authorized by Section 551.072
of the Texas Government Code; and deliberation of economic development incentives
concerning Redi-Mix, LLC, Lease and Incentive Agreement, as authorized by Section
551.087 of the Texas Government Code. They reconvened into open session at 7:03
p.m.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS
The Euless City Council continued their meeting in the Council Chambers at 7:07 p.m.
for the consideration of scheduled items.
STAFF MEMBERS PRESENT
City Manager Gary McKamie, Deputy City Manager Loretta Getchell, City Attorney Bob
McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of
Public Works Ron Young, Director of Economic Development Bill Ridgway, Director of
Parks and Community Services Ray McDonald, Director of Planning and Development
Mike Collins, Fire Chief Robert Isbell, Police Chief Mike Brown, City Engineer Robert
Barker, Assistant Director of Planning and Development Chris Barker, Fleet and Facility
Administrator Kyle McAdams, Resources/Risk Administrator Carolyn Marshall, Texas
*,r, Star General Manager Glenda Hartsell-Shelton, Library Administrator Kate Lyon, Public
Works Manager J. T. Ackerman, City Planner Stephen Cook, Head Golf Pro Adena
Wallace, Assistant Golf Pro Jeff Lewis, Conference Center Coordinator Pat
Southerland, Assistant Food/Beverage Manager Leslie Conley, Pro Shop Assistant
Johnny Munzo, Information Services Administrator Dan McLain, Computer Services
Specialist Jake Dilliplane, Communications and Marketing Manager Betsy Deck, and
Reserve Police Officer Clyde Cullum.
VISITORS
Brett and Ashton Conley, Pam and Steve Conley, Dal Southerland, Brad Bullock, Faye
Stinneford, Iris Elliott, Helen Voss, Jerrie Keller, John Schleeter, Esther Johnson, Carroll
Scott, Jake Thomasson, and others as noted in the visitor register.
INVOCATION
Pastor Nehemias Basit, Hurst Seventh Day Adventist Church, gave the invocation.
PLEDGE OF ALLEGIANCE
Council Member Glenn Porterfield led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR NOVEMBER
Texas Star General Manager Glenda Hartsell-Shelton introduced Assistant Food and
Beverage Manager Leslie Conley. Leslie introduced her husband, Brett, and daughter,
City Council Minutes Page 3 of 10 October 28, 2008
Ashton, and mother- and father-in-law, Pam and Steve Conley. Mayor Saleh presented
•- Leslie with a plaque for being selected employee of the month for November.
ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS
Golf Pro Adena Wallace introduced Assistant Golf Pro Jeff Lewis.
Texas Star General Manager Glenda Hartsell-Shelton introduced Conference Center
Coordinator Pat Southerland, who introduced her husband, Dal.
Mayor Saleh presented Jeff with a 5-year service pin and Pat with a 10-year service pin.
CONSENT AGENDA
Mayor Pro Tem Martin motioned to approve Consent Agenda Items numbered 3
through 8.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 3 APPROVED RESOLUTION NO. 08-1294
Approved Resolution No. 08-1294 finding that Oncor Electric Company's requested
increases to its electric transmission and distribution rates and charges within the City of
Euless should be denied.
ITEM NO. 4 APPROVED RESOLUTION NO. 08-1295
Approved Resolution No. 08-1295 authorizing Cities Aggregation Power Project, Inc.,
(CAPP) to negotiate and execute an electric supply agreement on behalf of the City of
Euless for delivery of electricity purchases from January 1, 2009, through December 31,
2013.
ITEM NO. 5 APPROVED RESOLUTION NO. 08-1296
Approved Resolution No. 08-1296 accepting the donation of 2.823 acres of land out of
the G. W. Couch Survey, Abstract No. 278, Fort Worth, Tarrant County, Texas. The
subject property is located immediately adjacent to the Texas Star Golf Course, east of
holes number four through seven.
City Council Minutes Page 4 of 10 October 28, 2008
ITEM NO. 6 APPROVED RENEWAL OF BID NO. 005-07
Approved a one-year renewal of Bid No. 005-07 with JLB Contracting, L.P., P. O. Box
24131, Fort Worth, Texas, 76124, for Type-D hot mix asphalt, with an estimated
expenditure of$695,000.
ITEM NO. 7 AWARDED ANNUAL CONTRACT
Awarded the annual contract for purchase of water meters and transponders to Atlas
Utility Supply Company, 2301 Carson Street, Fort Worth, Texas, 76117, with an
estimated expenditure of $356,875.
ITEM NO. 8 APPROVED CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of October 14, 2008.
REGULAR AGENDA
ITEM NO. 9 REMOVED BID NO. 012-08 FROM THE TABLE FOR
CONSIDERATION
Council Member Stinneford motioned to remove Bid No. 012-08 from the table for
consideration.
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 10 AWARDED BID NO. 012-08
Council Member Bynum motioned to award Bid No. 012-08 to Redi-Mix Concrete, 1001
West Euless Boulevard, Suite 100, Euless, Texas, 76040, for ready-mixed concrete, in
the amount of $303,974.75, for a period of 18 months or until designated projects have
been completed.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
City Council Minutes Page 5 of 10 October 28, 2008
ITEM NO. 11 HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 08-12-
�•• SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE
NO. 1834
Mayor Saleh opened the public hearing at 7:23 p.m. for Specific Use Permit No. 08-12-
SUP for Lot 6, Block A, St. Michael's Subdivision, for a lube service center in TX-10
(Texas Highway 10 Multi-Use District) zoning, located at 2740 West Euless Boulevard.
Director of Planning and Development Mike Collins stated the applicant, Ambasajer
Asfaha, EZCO Auto Express Care, has been operating a Valvoline lube service center
at the subject location under a specific use permit approved on May 13, 2003. Since he
has discontinued formal association with Valvoline, a new specific use permit is
required. There have been no nuisance complaints received in the five years the
business has been in operation.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:26
p.m.
Council Member Stinneford motioned to approve the first and final reading of Ordinance
No. 1834 for Lot 6, Block A, St. Michael's Subdivision, for EZCO Auto Express Care, a
lube service center, in TX-10 (Texas Highway 10 Multi-Use District) zoning, located at
2740 West Euless Boulevard with the following conditions: (1) Tied to the current
owner, Mr. Ambasajer Asfaha; (2) Hours of operations limited to Monday through
,,,r, Saturday, 8:00 a.m. to 6:00 p.m., and closed on Sunday; (3) Eight foot (8 ft.) masonry
wall on north side; (4) Thirty foot (30 ft.) landscape buffer on north side; (5) No open
outdoor storage of hazardous or controlled waste; and (6) No overnight outdoor storage
of vehicles.
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12 HELD PUBLIC HEARING REGARDING PLANNED DEVELOPMENT
08-04-PD AND APPROVED FIRST AND FINAL READING OF
ORDINANCE NO. 1835
Mayor Saleh opened the public hearing at 7:27 p.m. for Planned Development No. 08-
04-PD to change the zoning on Lot 3, Block A, Main Centre Addition, and Tracts 2A02,
2A02A, and 2A03, James P. Hallford Survey, A-711, from PD 1025 (Planned
Development 1025) and C-2 (Community Business District) zoning to PD (Planned
Development based on C-2 zoning), located at 331 North Main Street.
Director of Planning and Development Mike Collins stated the City of Euless is
requesting to change the zoning on 6.038 acres located at 331 North Main Street to
City Council Minutes Page 6 of 10 October 28, 2008
allow the city to construct a 32,569 sq. ft. office building to be used as the administrative
headquarters for Redi-Mix Concrete Corporation as part of a lease agreement. The
office will be 100% masonry and will utilize concrete to showcase use of that building
material. All C-2 site development standards have been met. The landscaped area at
the northeast corner of the site will be enhanced to reflect the quality standards that
were incorporated into the Main Street redevelopment project completed in 2005.
There will be entry points to the site off of North Main Street, as well as off of Byers
Court at the southwest corner of the site.
City Manager Gary McKamie stated that this is an unusual item. It involves a lease
incentive agreement with Redi-Mix Concrete to build a regional headquarters for Redi-
Mix at the city's expense, which will then be leased back to Redi-Mix for use as a
consolidated sales and accounting office space with 75 to 100 employees. It will be a
very beneficial agreement for the city, taking approximately four years to recoup the
investment. The lease agreement is for 25 years with a built-in safeguard requiring
Redi-Mix to repay the construction cost if they break the lease agreement within the 25
years. He stated it is a very attractive proposition for the city to get a major employer to
remain in the city. Redi-Mix currently has offices in the former fire station at Westpark
Way and West Pipeline Road and at Burgundy Towers, which will consolidate at the
new location.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 7:35 p.m.
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1835 for Planned Development No. 08-04-PD to change the zoning on Lot 3, Block A,
Main Centre Addition, and Tracts 2A02, 2A02A, and 2A03, James P. Hallford Survey,
A-711, from PD 1025 (Planned Development 1025) and C-2 (Community Business
District) zoning to PD (Planned Development based on C-2 zoning), located at 331
North Main Street.
Mayor Pro Tem Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 13 APPROVED SITE PLAN NO. 08-11-SP
Council Member Bynum motioned to approve Site Plan No. 08-11-SP for a 32,569 sq.
ft. office building to be used as the administrative headquarters for Redi-Mix Concrete
Corporation on Lot 3, Block A, Main Centre Addition, and Tracts 2A02, 2A02A, and
2A03, James P. Hallford Survey, A-711, located at 331 North Main Street.
Council Member Stinneford seconded the motion.
City Council Minutes Page 7 of'10 October 28, 2008
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Now Porterfield, and Bynum
Nays: None-
Mayor Saleh declared the motion carried.
ITEM NO. 14 HELD PUBLIC HEARING FOR AMENDMENT TO UNIFIED
DEVELOPMENT CODE NO. 08-02-UDC AND APPROVED FIRST AND
FINAL READING OF ORDINANCE NO. 1833
Mayor Saleh opened the public hearing at 7:37 p.m. regarding amendments to Chapter
84 "Unified Development Code" of the Code of Ordinances, relating to the regulation of
individuals with disabilities residing in parolee-probationers homes and residential care
facilities, defining transient dwellings and providing for a reasonable accommodation
request process; by amending Section 84-84, "Permitted Uses Table," Table 4-A,
"Permitted Primary Uses;" and amending Section 84-85, "Special Conditions by Use
Type," by adding subsection (aj), "Transient Dwellings".
Bradford E. Bullock, with the Law Offices of William M. McKamie, P.C., 645 Lockhill-
Selma, San Antonio, Texas, 78216, stated the purpose of the ordinance is to define
transient dwellings along with other definitions and to regulate their location. He
addressed the legislative findings found in the first five pages of the proposed
ordinance. The ordinance expands on the Unified Development Code, defining the
dwellings, their locations, and kinds of transient dwellings. The Fair Housing Act and
other federal laws govern cities' abilities to regulate where these are located. The Fair
Housing Act states cities must grant reasonable accommodations upon request for the
benefit of the disabled. This ordinance creates the process for the city to consider
reasonable accommodations.
In regard to "sober living homes", if the residents act as the functional equivalent of a
family, it can be a compatible use in single family residential zoning. Legislative findings
have found that high degrees of turnover are considered incompatible with single family
uses. So if there are high degrees of turnover, it looks more like a boarding house. To
the degree that sober living homes or other residential care facilities take on an
institutional character, that is also incompatible with residential uses.
Parolee-probationer homes are post-release facilities where individuals who have been
convicted of various crimes are currently serving probation. These parolees have been
convicted of felony crimes and can be returned to prison if they violate their parole.
Other legislative findings are included in item 13 on page 3 of the proposed ordinance,
indicating the numbers of people released from prisons, those in post-release programs,
and the recidivism rates.
In item 14 on page 4 of the proposed ordinance, information is given regarding a study
entitled, "The Contribution of Ex-Prisoners to Crime Rates" by Richard Rosenfeld, Joel
Wallman and Robert Fornango, 2005, indicating ex-prisoners are more likely to commit
crimes than those that are not ex-prisoners.
City Council Minutes Page 8 of 10 October 28, 2008
�.. It is very important to note that the ordinance is based on real information and real data.
The ordinance is trying to address those homes where there is a high turnover rate and
where the individuals do not act like a family. The ordinance would not affect foster
homes or large families.
The ordinance addresses the procedures for reasonable accommodation requests.
There are certain criteria that individuals have to meet in order to receive a reasonable
accommodation. It also addresses the process by which the reasonable
accommodation is received or denied by the city manager, and a denial can be
appealed to the city council. If a reasonable accommodation request is not approved or
denied within a certain amount of time, it is automatically approved.
Mr. Bullock stated the ordinance is intended to comply with federal requirements.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:51
p.m.
Council Member Porterfield motioned to approve the first and final reading of Ordinance
No. 1833 amending Chapter 84 "Unified Development Code" of the Code of
Ordinances, relating to the regulation of individuals with disabilities residing in parolee-
probationers homes and residential care facilities, defining transient dwellings and
■g,, providing for a reasonable accommodation request process; by amending Section 84-
84, "Permitted Uses Table," Table 4-A, "Permitted Primary Uses;" and amending
Section 84-85, "Special Conditions by Use Type," by adding subsection (aj), "Transient
Dwellings".
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Stinneford, Hogg,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 15 PUBLIC COMMENTS
Danny Walters, 506 Evergreen Drive, addressed the council asking that the daytime
curfew Ordinance No. 1831 be amended to address minors enrolled in the Hurst-
Euless-Bedford Independent School District only, and change the section that lists
"defenses to prosecution" to "exemptions from prosecution."
City Manager Gary McKamie stated he is limited on his response since the item was not
listed on the agenda, but he said the teen daytime curfew was not intended to put home
schooled children under house arrest. He stated the policy that the police department
has followed for a number of years is that the police check the circumstances very
carefully before taking any action. He expressed understanding of Mr. Walters'
City Council Minutes Page 9 of 10 October 28, 2008
concerns, but stated the policy will bear out that it will not be an issue to home schooled
children. He stated he understood the position on the exemption to prosecution instead
of exemption to defense and will discuss with the city attorney to see if a change is
needed. He expressed appreciation for Mr. Walters' concern and the way he expressed
that concern.
John Schleeter, 2121 Bear Creek Parkway, addressed the council concerning teen
curfew ordinances in general.
ITEM NO. 16 REPORTS
STAFF REPORT
Library Administrator Kate Lyon reported on the changes that have taken place in the
library recently, which included enlarging the genealogy room to include an area for
local history, providing expanded quiet areas, increasing staff work areas, and replacing
carpet and chairs. She thanked Kyle McAdams for his diligence in keeping the project
going.
CITY MANAGER
City Manager Gary McKamie had no further report.
;4410, CITY ATTORNEY
City Attorney Bob McFarland had nothing to report.
CITY COUNCIL
Council Member Bynum thanked Mr. Walters for coming to the city council meeting to
express his views, and assured him that City Manager Gary McKamie would address
his concerns. He thanked Library Administrator Kate Lyon for a good report on the
library.
Council Member Porterfield commended Assistant Food/Beverage Manager Leslie
Conley for being selected employee of the month, Assistant Golf Pro Jeff Lewis for
receiving his 5-year pin, and Conference Center Coordinator Pat Southerland for
receiving her 10-year pin. He thanked Kate Lyon for her report, stating he is proud of
her and the library, and he believes the library reflects the quality the city tries to put into
everything it does.
Mayor Pro Tem Martin thanked Kate Lyon, stating the library is more beautiful than
ever. She complimented Texas Star General Manager Glenda Hartsell-Shelton on the
great staff she has in Leslie Conley, Jeff Lewis, and Pat Southerland, as well as all of
the rest of her employees. She noted that staff has put a lot of time in the transient
dwelling ordinance and the Redi-Mix Concrete lease agreement, and thanked Gary
McKamie and his staff. She thanked Mr. Walters for bringing his concerns to the
council.
City Council Minutes Page 10 of 10 October 28, 2008
Council Member Hogg gave thanks to the employees.
Council Member Stinneford congratulated the employees recognized tonight, stating
Leslie Conley works hard, Pat Southerland does an incredible job, and that Jeff Lewis
actually gave him a golf lesson and didn't quit afterwards. He thanked Kate Lyon for a
great report. He announced that the Community Emergency Response Team (CERT)
won several gold, silver, and bronze medals at the CERT Olympics competition
recently.
Mayor Saleh stated the library will always be number one in her heart. She stated
Texas Star Conference Centre will look great when the expansion is finished. She
stated a luncheon was held recently to celebrate the success of the Home Revitalization
Program in the City of Euless. She announced that she attended the Santa USA
breakfast, and that Santa's first trip to schools and nursing homes will be December 5.
She stated that this year is the 50th anniversary of Hurst-Euless-Bedford Independent
School District. She also recently attended a ceremony at one of the oldest cemeteries
in Tarrant County at the Bedford Church of Christ where Civil War era soldiers were
honored.
ITEM NO. 17 ADJOURNMENT
Mayor Saleh adjourned the meeting at 8:20 p.m.
APPROVED:
ti)? •
Mary Lib 'aleh
Mayor
ATTEST:
i
Crim, RMC
City Secretary