HomeMy WebLinkAbout2009-08-11 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
AUGUST 11, 2009
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, August 11, 2009, in the Precouncil Conference Room of
City Hall, 201 North Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor
Pro Tem Tim Stinneford, Council Members Leon Hogg, Linda Martin, Donna Mickan,
Glenn Porterfield, and Perry Bynum.
During the precouncil meeting:
➢ Mayor Mary Lib Saleh reported that the Tarrant Regional Transportation Coalition
will be forming a Public Education Committee to educate the public about the
transportation crisis in Tarrant County.
➢ City Secretary Susan Crim announced upcoming city activities and events.
• Deputy City Manager Loretta Getchell reviewed the procedure for agenda packet
`,, distribution for council members.
➢ Police Chief Mike Brown distributed copies of the crime prevention ordinance that
is being proposed. He discussed various provisions of the ordinance and stated
that it will be on the next city council agenda for consideration.
➢ Director of Planning and Development Chris Barker distributed copies of the
proposed sign ordinance. He reported that the Planning and Zoning Commission
discussed it at length and made several minor recommendations. The ordinance
will be on the city council agenda for consideration at the next meeting.
➢ Director of Public Works and Engineering Ron Young reported that the City of
Euless had received a request for a Municipal Setting Designation in the City of
Grand Prairie, and a resolution will be placed on the next city council agenda for
consideration.
➢ Director of Public Works Ron Young and City Engineer Robert Barker discussed
the state-mandated amendments that the City will need to make to their
ordinance that regulates development adjacent to a floodplain. The amendments
will be on the next city council agenda for consideration.
➢ Geographic Information Systems (GIS) Manager David Allen discussed the
support that the City's GIS System will give to the 2010 US Census. He stated
that a Complete Count Committee has been formed, and their objective is to
assist in getting an accurate count of the number of people residing in the City of
Council Minutes Page 2 of 11 August 11, 2009
Euless in order for appropriate funding and representation to be made available
Now to the citizens of Euless.
➢ Deputy City Manager Loretta Getchell reported that the Public Utility Commission
has recommended approval of the rate increase requested by Oncor Electric
Delivery Company, and the average increase to a citizen will be $2.40 per month.
➢ Director of Finance Vicki Rodriquez gave the financial report for June sales tax
receipts.
• The agenda items were reviewed.
The City Council convened into closed session at 6:35 p.m. for deliberation regarding
pending litigation regarding Merced vs. Euless as authorized by Section 551.071 of the
Texas Government Code and deliberation regarding real property related to Cresthaven
as authorized by Section 551.072 and 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
Deputy City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary
Susan Crim, Director of Economic Development Mike Collins, Director of Public Works
Ron Young, Director of Planning and Development Chris Barker, Fire Chief Robert
Isbell, Police Chief Mike Brown, Director of Finance Vicki Rodriquez, Director of Parks
and Community Services Ray McDonald, Assistant Police Chief Bob Freeman,
Assistant Police Chief Harland Westmoreland, City Engineer Robert Barker, Human
Resources/Risk Administrator Carolyn Marshall, Fleet and Facility Administrator Kyle
McAdams, Texas Star General Manager Glenda Hartsell-Shelton, Library Administrator
Kate Lyon, Information Services Administrator Dan McLain, Police Lieutenants John
Williams and Steve Kockos, Police Sergeants Ron Williamson and David S. Chaney,
Senior Police Officer Robert Provost, Public Works Manager J. T. Ackerman,
Recreation Superintendent Michael Davenport, Athletic Supervisor John Douthit,
Athletic Coordinator Ryan Alexander, Police Dispatcher Cynthia Pena, Police Records
Office Supervisor Michele Hastings, Public Service Officer Demetrie Washington, Public
Works Leadman Greg Cameron, Communications and Marketing Manager Betsy Deck,
Accountant Alice Norwood, City Planner Stephen Cook, Building Official Kurt Kasson,
Computer Services Specialist Brett Bennett, HR Generalist Connie Scott-Ortiz, HR
Benefit Technician Zella Stierwalt, HR Benefit Technician Anniece McKanna, Deputy
Court Clerk Emily Murphy, Parks Department Manager-on-Duty Jim Ptomey, Facilitiy
Attendant Jerald Lively and CSO Secretary Ann Pope.
VISITORS
John Schletter, Billy Owens, Don Horton, Jake Thomasson, Kiah Pena, Sandy and
Johnny Hughes and Bridgette, Karla Cameron, Al Silva, Bryan and Pat Bullwinkle,
Council Minutes Page 3 of 11 August 11, 2009
Jacob Baumgarther, Lisa Bynum, Carroll Scott, Carol Agee, Bill Byers, Eddie Price,
Mark Compton, Alnawaz Devani, Tim Sullivan and Kim McLain.
INVOCATION
Council Member Perry Bynum gave the invocation.
PLEDGE OF ALLEGIANCE
Council Member Leon Hogg led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS FOR AUGUST
Ray McDonald, Director of Parks and Community Services, and John Douthit, Athletic
Supervisor, introduced Jim Ptomey, who is a Manager-On-Duty in the Parks and
Community Services Department. Jim introduced his wife, Monica, and Mayor Pro Tern
Tim Stinneford presented him with a plaque for being selected Employee of the Month
for August.
ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS
Police Chief Mike Brown introduced Dispatcher Cynthia Pena and Council Member
Linda Martin presented her with a 5-year service pin. Cynthia introduced her daughter,
Kiah Pena.
Police Chief Brown introduced Senior Police Officer Robert Provost and Council
Member Donna Mickan presented him with a 5-year service pin.
Police Chief Brown introduced Public Service Officer Demetrie Washington, who
introduced his Mom and Dad, Sandy and Johnny Hughes, and his sister, Bridgette.
Council Member Perry Bynum presented Demetrie with a 5-year service pin.
Director of Public Works Ron Young introduced Leadman Greg Cameron. Greg
introduced his wife, Karla, and Council Member Glenn Porterfield presented him with a
10-year service pin.
ITEM NO. 3 PRESENTATION OF PROCLAMATION AND 35 YEAR SERVICE PIN
Police Chief Brown introduced Administrative Secretary Carol Agee of the Police
Department and Carol introduced her daughter-in-law, Stacie Hembd. City Manager
Gary McKamie read a proclamation congratulating her on her retirement and presented
her with a 35-year service pin.
ITEM NO. 4. PRESENTATION OF TEXAS FESTIVALS AND EVENTS
ASSOCIATION AWARDS
N"' Recreation Superintendent Michael Davenport stated that the City of Euless has
received 47 awards from the Texas Festivals and Events Association (TFEA) since
1999. The mission of TFEA is to promote excellence in event programming, and he
Council Minutes Page 4 of 11 August 11, 2009
reported that the City of Euless received the following awards for Arbor Daze from
�.. TFEA:
Best Organizational Newsletter— Euless Today Magazine
Best Educational Program — Forestry Village
Best Children's Programming —Arbor Daze Kidz Zone
Best Volunteer Program —Arbor Daze
ITEM NO. 5. PRESENTATION OF QUARTERLY WASTEWATER REPORT
Director of Public Works Ron Young presented the quarterly wastewater report and
stated that calls for service have steadily declined over the last 6 or 7 years. He
attributed the decline to the investment the City Council has made in the infrastructure
of the City and the great job the Public Works Department employees do.
CONSENT AGENDA
Mayor Pro Tern Stinneford motioned to approve Consent Agenda Items numbered 6
through 9.
Council Member Mickan seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
,,r Mickan, Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6. AUTHORIZED MAYOR TO EXECUTE AGREEMENTS WITH THE
CITY OF FORT WORTH
Authorized Mayor to execute agreements with the City of Fort Worth for a Reclaimed
Water Line Easement, a Reclaimed Water Line Temporary Construction Easement, and
a Temporary Right of Entry related to the construction of the Village Creek reclaimed
water project, located north of Mosier Valley Road and the railroad right-of-way on
property owned by the City of Euless.
ITEM NO. 7. APPROVED RESOLUTION NO. 09-1315
Approved Resolution No. 09-1315 reappointing Kenneth C. Whitely and Tim Murphy as
Municipal Court of Record Associate Judges for two (2) year terms, which will expire
September 30, 2011.
ITEM NO. 8. APPROVED ACCEPTANCE OF CAPITAL IMPROVEMENT
ADVISORY COMMITTEE SEMI-ANNUAL IMPACT FEE REPORT FOR
`"" OCTOBER 1, 2008 - MARCH 31, 2009
Council Minutes Page 5 of 11 August 11, 2009
Accepted the Capital Improvements Advisory Committee Semi-Annual Impact Fee
`.. Report for the period of October 1, 2008 through March 31, 2009.
ITEM NO. 9. APPROVED CITY COUNCIL MINUTES
Approved the minutes of the regular City Council Meeting of June 23, 2009
REGULAR AGENDA
ITEM NO. 10. APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1853
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1853 approving a negotiated resolution between the Atmos Cities Steering Committee
and Atmos Energy Corporation, Mid-Tex Division, regarding the Company's Rate
Review Mechanism (RRM) filing in all cities exercising original jurisdiction.
Council Member Porterfield seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
Mickan, Porterfield and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 11. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 09-05-
SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE
NO. 1854
Mayor Saleh opened the public hearing at 7:35 p.m for Specific Use Permit No. 09-05-
SUP for Al's Tires and Mowers, an automotive tire and mower repair on J P Halford
Addition, Block D, Lot 7 in TX-10 (Texas Highway 10 Multi-Use District) zoning located
at 116 West Euless Boulevard.
Planning and Development Director Chris Barker addressed the City Council and stated
that Al Silva, representing Al's Tires and Mowers, is requesting a specific use permit for
an automotive tire and mower repair shop where he intends to conduct a retail
automotive tire and small engine (lawnmower) repair business. The site currently
consists of an existing building and covered and screened outdoor storage to the rear of
the building. The building most recently housed a retail outlet and has been unoccupied
less than six months from the time of the application for the SUP, thereby allowing the
existing structure to continue to be a legally existing, non-conforming structure. The
proposed business would be a small operation in which all tire exchange, tire storage
(new and used) and mower repair operations would be conducted interior to the building
or within the screened and covered area to the rear of the structure. The property has
adequate parking to accommodate the proposed use. Hours of operation are proposed
to be from 8 am to 7 pm Monday through Friday and 9 am to 5 pm on Saturday. The
business will be closed on Sunday. There is limited landscaping currently on the
property. The property owner has proposed to install additional boxwood shrubs to the
Council Minutes Page 6 of 11 August 11, 2009
front and clean up the maintenance of the areas containing existing turf on the property
�.. prior to the issuance of the certificate of occupancy.
Mr. Al Silva, 707 Allen Drive, Euless, Texas, requested the City Council approve his
request for the specific use permit. There being no other proponents or any opponents,
Mayor Saleh closed the public hearing at 7:40 p.m.
Council Member Martin motioned to approve the first and final reading of Ordinance No.
1854 for Specific Use Permit No. 09-05-SUP for Al's Tires and Mowers, an automotive
tire and mower repair on J P Halford Addition, Block D, Lot 7 in TX-10 (Texas Highway
10 Multi-Use District) zoning located at 116 West Euless Boulevard with the following
conditions: (1) The SUP would be tied to the owner of the business, Mr. Al Silva and
the name of the business, Al's Tires and Mowers; (2) All tires stored on site, whether
new or used, shall be screened from public view from the right-of-way and shall be
stored under cover so as to not allow the collection of rainwater within the tires; (3) All
repair of tires and mowers shall be conducted within the building or within the fenced
area behind the building; (4) No outdoor storage would be allowed in front of the
building; and (5) The term of the SUP shall be granted for one year.
Council Member Mickan seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
Mickan, Porterfield and Bynum
r..
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12. HELD PUBLIC HEARING REGARDING PLANNED DEVELOPMENT
09-01-PD AND APPROVED FIRST AND FINAL READING OF
ORDINANCE NO. 1855
Mayor Saleh opened the public hearing at 7:42 p.m for Planned Development No. 09-
01-PD to change the zoning of Westpark Nursing Center Addition, Block A, Lot 1 and
portions of James M. Matson Survey, A-1080, Tract 3D, located at 900 Westpark Way,
from R-1 (Single-Family Detached Dwelling District) zoning to PD (Planned
Development) zoning.
Planning and Development Director Chris Barker presented the zoning request to the
City Council and stated that the applicant, Smithers Merchant Builder, LP, on behalf of
Firehole River Real Estate Holdings-Euless, LP, represented by Mr. Tim Sullivan, is
seeking approval of a Planned Development zoning change for 5.375 acres located at
900 Westpark Way. The property is currently zoned R-1 (Single Family Detached
Dwelling District). A Site Plan (#09-03-SP) is currently under review by the
Development Review Committee and will be brought forward for consideration pending
the successful approval of the Planned Development zoning change. The applicant
intends to construct a 14,371 square foot addition to the existing 36,432 square foot
Legend Healthcare and Rehabilitation facility located on the property. The addition
would consist of a single, one-story structure located on and connecting to the southern
Council Minutes Page 7 of 11 August 11, 2009
side of the existing structure. It will expand the capacity of the existing skilled nursing
�., center by 20 beds, bringing the total number of beds at the facility to 140. The project
would contain all associated and required parking, landscaping, fire lanes and
screening.
The existing skilled nursing facility, Legends Healthcare and Rehabilitation, is a legally
existing non-conforming use in the present R-1(Single-Family Detached Dwelling
District) zoning, because it was constructed prior to the adoption of the Unified
Development Code and its associated zoning district regulations. In order for the
applicant to expand the facility, rezoning of the property is required. The applicant has
applied for a Planned Development zoning change specifically for a skilled nursing
center. The Unified Development Code provides that the design standards for a
Planned Development shall be set at the least intensive district in which the use is
allowed. The least intensive district in which "Nursing and Personal Care Facilities" are
allowed by Specific Use Permit is the R-3 residential zoning district, therefore staff has
recommended that the design standards (setbacks, lot area) of the R-3 zoning district
be applied to this PD zoning district.
Mr. Tim Sullivan, 4504 Briar Haven Road, Fort Worth, requested the Council approve
the request for the Planned Development zoning change for the Legend Healthcare and
Rehabilitation facility. There being no other proponents or any opponents, Mayor Saleh
closed the public hearing at 7:48 p.m.
`.. Council Member Bynum asked Mr. Sullivan if fire trucks have clearance for turnaround
on the parking lot of the facility where the storage building is located. Mr. Sullivan
confirmed that they did.
Council Member Bynum motioned to approve the first and final reading of Ordinance
No. 1855 for Planned Development No. 09-01-PD to change the zoning of Westpark
Nursing Center Addition, Block A, Lot 1 and portions of James M. Matson Survey, A-
1080, Tract 3D, located at 900 Westpark Way, from R-1 (Single-Family Detached
Dwelling District) zoning to PD (Planned Development) zoning with the stipulation that
the applicant construct a masonry fence along the north property line.
Council Member Mickan seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
Mickan, Porterfield and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 13. TABLED BOARD APPOINTMENTS
Council Member Martin motioned to table the appointment of members of four positions
on the Crime Control and Prevention District Board to the August 25, 2009, City Council
meeting.
Mayor Pro Tern Stinneford seconded the motion.
Council Minutes Page 8 of 11 August 11, 2009
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
`ew Mickan, Porterfield and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14. HELD PUBLIC HEARING AND APPROVED CRIME CONTROL
AND PREVENTION DISTRICT (CCPD) BUDGET FOR FISCAL
YEAR 2009-2010
Mayor Saleh opened the public hearing at 7:51 p.m. to receive comments on the Crime
Control and Prevention District budget for Fiscal Year 2009-2010.
Finance Director Vicki Rodriquez stated that the Crime Control and Prevention District
Board held a public hearing on June 8 and approved the Fiscal Year 2009-2010 budget.
As required by law, this budget is now being presented to the City Council for approval.
The baseline budget includes total revenue of $1,722,065 which is derived from interest
earnings and the quarter cent sales tax that was approved by the citizens of Euless to
assist in crime prevention.
Baseline expenditures total $1,719,913 and consist primarily of salaries and benefits for
several police positions, $50,246 for various crime prevention supplies, training, and
minor apparatus as well as $75,733 for the radio system. This budget also includes
$50,000 of recommended capital for continuation of the Part-time Public Service Officer
program, and if approved, would provide an estimated ending fund balance of
$302,091, which exceeds the Board's recommended reserve level of 60 days of fund
balance. The Crime Control and Prevention District Board recommended approval of all
of these items.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:53
p.m.
Council Member Porterfield motioned to approve the Crime Control and Prevention
District budget for Fiscal Year 2009-2010.
Mayor Pro Tem Stinneford seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tern Stinneford, Council Members Hogg, Martin,
Mickan, Porterfield and Bynum
Nays: None
Mayor Saleh declared the motion carried.
Council Minutes Page 9 of 11 August 11, 2009
ITEM NO. 15. SET PUBLIC HEARING FOR AUGUST 25, 2009 FOR PROPOSED
`.. CITY OF EULESS BUDGET FOR FY 2009-2010
Council Member Bynum motioned to schedule a public hearing for August 25, 2009, at
7:00 p.m. in the City Council Chambers located in City Hall for the proposed City of
Euless annual Operating and Capital Budget for Fiscal Year 2009-2010, to allow
citizens the opportunity to express their opinions concerning items of expenditure.
Council Member Hogg seconded the motion
Ayes: Mayor Saleh, Mayor Pro Tem Stinneford, Council Members Hogg, Martin,
Mickan, Porterfield and Bynum
Nays: none
Mayor Saleh declared the motion carried.
ITEM NO. 16. PUBLIC COMMENTS
There were no public comments.
ITEM NO. 17. REPORTS
CITY ATTORNEY
City Attorney Bob McFarland had no report.
CITY MANAGER
City Manager McKamie stated that on August 25, 2009, at 7:00 p.m., TXDOT (Texas
Department of Transportation) will hold a public meeting concerning the reconstruction
plans of SH 183 between North East Mall and the SH 121 cut-off. (The plans for the
area of SH 183 east of SH121 to SH161 is still under the environmental review
process.) If anyone is interested in examining the plans prior to that meeting, they are
available in the City's Engineering Department. The meeting will be held at Campus
West, across the street from the First Baptist Church on Industrial Boulevard.
CITY COUNCIL
Mayor Pro Tem Stinneford congratulated all the city employees for the great job they do
every day and the Public Works Department for keeping the city lines in great working
condition. He expressed how well the ArborDaze festival is run and congratulated the
hard working citizens, staff and volunteers for always doing their best. He said he
recently used the Library's service of reserving books on line and was impressed with
the speedy way it was handled when he went to the check-out desk to get his book.
Council Member Hogg stated that he was impressed with the 47 awards the Parks
Department has won for the ArborDaze festival. He complimented the Library for
Council Minutes Page 10 of 11 August 11,2009
offering outstanding entertainment such as the Polynesian dancers. He reported they
r.. had a record attendance of 161.
Council Member Martin expressed her heartfelt congratulations to Jim Ptomey for being
recognized as Employee of the Month and Cynthia Pena, Robert Provost, Demetrie
Washington and Greg Cameron for receiving their service pins. She expressed her
appreciation for the work they do at the city. She stated that Carol Agee did a wonderful
job for the Police Department and wished her great new adventures. She thanked the
Parks department for the fabulous job they do with all the events, and especially
returning ArborDaze to a small city event that it was years ago. She stated that
Saturday afternoon the Library hosted an excellent performance by Brian Burns, who
sang songs about Texas History and entertained young and old.
Council Member Mickan congratulated Jim Ptomey for being awarded Employee of the
Month as well as all those who received service pins. She wished Carol Agee
enjoyment in her retirement. She congratulated the Parks Department for receiving so
many awards for ArborDaze. She stated that she enjoyed the wastewater report and
was glad to hear how well the Public Works Department was doing.
Council Member Porterfield stated that he wanted to add his congratulations to those
who were honored tonight as employee of the month, service pin recipients, ArborDaze
awards and the Library and city staff. He stated that the staff and City Council worked
several days reviewing next year's budget which begins October 1. He offered his
;,` heartfelt compliments to the city staff for the way they are managing the city through this
difficult financial time, with a commitment to continue city services without increasing
charges for services or the tax rate. He encouraged everyone to come to the next
meeting to hear about the budget.
Council Member Bynum expressed his thanks to those in attendance tonight and
especially our volunteers and staff. He stated that it takes a lot of work and sometime
years to develop items such as the Reclaimed Water Line easement into an agreement
between our city and Fort Worth that will pay huge dividends in the future. The citizens
can look back on this program and be very proud of what was accomplished this year.
He expressed appreciation for the amount of time staff members spend preparing
zoning cases to be brought forward to the City Council, as well as other projects such
as the flood control maps that the Engineering Department maintains. He recognized
his wife, Lisa, who was present in the audience.
Mayor Saleh reported that US Congressman Kenny Marchant recently came to the
Euless City Hall to present Presidential Volunteer Awards to 18 outstanding members of
the Euless Citizens Police Academy Alumni Association. She invited all citizens present
to return on August 25 for the presentation of the City's budget for the coming fiscal
year.
ITEM NO. 18. ADJOURNMENT
""' Mayor Saleh adjourned the meeting at 8:07 p.m.
Council Minutes Page 11 of 11 August 11,2009
APPROVED:
Mary Lib aleh
Mayor
ATTEST:
Susan Crim, RMC
City Secretary