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HomeMy WebLinkAbout1995-01-10 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL JANUARY 10, 1995 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, January 10, 1995, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Frank Douglass, Todd Smith, Charles Miller, Glenn Walker and Henry Boatright. Precouncil discussion was held on agenda items and other scheduled items. The City Council met in Executive Session to discuss land acquisition and personnel as authorized by the Texas Government Code, Sections 551.072 and 551.074. 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 the scheduled items. Staff Members Present `.. Tom Hart, City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Gary McKamie, Police Chief; Lee Koontz, Fire Chief; Randy Byers, Director of Development and Public Works; Tom Cox, Director of Administrative Services/Economic Development; Rick Herold, Director of Community Services; Debra Forte', Director of Fiscal & Human Resources; Bo Bass, Economic Development Projects Manager; Betty Yarbrough, Library Manager; Sheila Williams, Assistant Library Manager; Barbara Thompson, Librarian; Sue Morrow, Librarian; Essie Dougherty, Library Assistant; Carolyn Hoots, Library Assistant; Sara Poirier, Library Assistant; Michelle Wyman, Community Affairs Administrator; Scott Campbell, Administrative Assistant; Cynthia Boon, Public Safety Dispatcher; Captain Harland Westmoreland, Police Department; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Billy Owens, Robert McMillon and George Zahn, Planning and Zoning Commission; Boyce Byers, Economic Development Advisory Board; Patricia Beaver, Wes Scott and Betty Fuller, Library Board; Roger Bates, Zoning Board of Adjustment; Bob Bouse, Community Advisory Board; Dan Williams, Economic Development Advisory Board; Bruce Ebert, Civil Service Commission; Helen Lightbody, Industrial Development Authority; Lynne Moffatt, Parks and Leisure Services Board; Dwayne Wilcox, Charter Review Committee; Martin Case and Fred Bowers, Morrisdale Drainage Task Force; Ray Saleh; Kimberly and Kylie Boone; George (Chip) Zahn, Jr.; Denelle Wrightson, PSA; and other visitors as noted on the Visitor's Register. COUNCIL MINUTES JANUARY 10, 1995 PAGE 2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Bobby Baker led the Pledge of Allegiance. INVOCATION Councilman Glenn Walker gave the invocation. ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE YEAR Mayor Saleh presented a plaque and gift certificate to Sue Morrow, Librarian, as the 1994 Employee of the Year. ITEM NO. 2: CERTIFICATE OF RECOGNITION Mr. Bob Bouse introduced George (Chip) Zahn, Jr. and gave a brief presentation on the steps involved in attaining the rank of Eagle Scout. Mayor Saleh presented Chip Zahn with a proclamation congratulating him for his achievement. ITEM NO. 3: SPECIAL RECOGNITION Police Chief Gary McKamie presented lifesaving awards to Public Safety Dispatcher, Cynthia Boon and Kimberly Boone for lifesaving efforts in reviving Kylie Boone with the use of CPR after the child had fallen into the family's swimming pool. Mayor Saleh presented proclamations to `�•� Cynthia Boon and Kimberly Boone. Kimberly Boone thanked Cynthia Boon and the paramedics who responded to her 911 call. CONSENT AGENDA Item No. 6 was removed from the Consent Agenda to be considered on the Regular Agenda. Council Member Miller moved to approve Items 4, 5 and 7 on the Consent Agenda as follows: ITEM NO. 4: AWARD OF BID NO. 94-22 Bid No. 94-22 was awarded to Sutphen Corporation for a Triple Combination Custom Pumper at a cost of $269,994. ITEM NO. 5: AWARD OF BID NO. 94-31 Bid No. 94-31 was awarded to Brown Excavating Company, Inc. for the demolition of 5 houses located at 110, 112, 114, 116 and 200 N. Sheppard Drive, at a cost of $11,200. ITEM NO. 7: APPROVAL OF MINUTES Approval of the Minutes of the November 19, 1994 Special Called Meeting; December 13, 1994 Regular Meeting; and December 19, 1994 Special Called Meeting, as presented. COUNCIL MINUTES JANUARY 10, 1995 PAGE 3 Council Member Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 6 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1167 Council Member Douglass moved to approve the first and final reading of Ordinance No. 1167, vacating and abandoning a portion of a 30-foot drainage easement in the Tall Timbers Addition. Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None `N•► Mayor Saleh declared the motion carried. ITEM NO. 8: AUDIENCE REQUESTED BY MORRISDALE RESIDENTS REGARDING PECAN STREET CLOSING Residents of Morrisdale Estates requested an audience with the City Council to discuss the petition submitted to the Council in October 1994, requesting the closing of Pecan Street at the city limit. The following citizens spoke in favor of the closing of Pecan Street: Bruce Ebert, 1309 Cliffwood, Wade and Diane Morris, 1303 Woodridge Circle, Lou Baum, 1400 Tanglewood Trail, Mike McEntire, 1201 Woodridge Circle, Gladys Vance, 1309 Driftwood Drive and June White, 1106 Driftwood. The following citizens spoke against the closing of Pecan Street: Sherry McFarland, 1207 Pebble Creek, Gene Whetstone, 1200 Shady Creek Drive and Enoch Row, 1302 Woodvine. Mayor Saleh indicated that before the Council made a decision on whether or not to close the entrance of Pecan Street, city staff including the Police and Fire Departments would have to complete a study on the ramifications of such action. The City Council, upon review of that study, would then make a decision. Mayor Saleh stated that the Morrisdale Committee would be informed of the results of that study prior to a Council decision. ITEM NO. 9: PUBLIC HEARING FOR SPECIFIC USE PERMIT #94-22-SUP Mayor Saleh opened a public hearing at 8:07 p.m. to hear input on a request from Mr. Phil R. Parker for Specific Use Permit#94-22-SUP for a restaurant with billiards and the sale of alcohol COUNCIL MINUTES JANUARY 10, 1995 PAGE 4 in a C-2 (Community Business District), on Lot 9-R, Block 3, Bell Ranch Terrace Addition, also known as 210 South Industrial Boulevard. Randy Byers, Director of Development and Public Works, pointed out the location of the property and indicated the Development Review Committee had recommended approval to the Planning and Zoning Commission. The Planning and Zoning Commission recommended City Council approval. Mr. Larry Smith, leasing agent for Wolf Nursery, the owner of the property, addressed the Council. Mr. Smith indicated that it was very difficult to find a lessee requiring 11,000 sq. ft. of space and encouraged the Council to approve Mr. Parker's request for a specific use permit. Mr. Smith noted that this use was the most viable of any of the inquiries he had received and that Mr. Parker was by far the most reputable. Mr. Phil Parker, 508 Bluebonnet, Grapevine, Texas, stated that he was anxious to become involved in the Euless community and to provide quality service to the city. Mr. Parker stated that he felt the kind of first-class entertainment facility he proposes to bring to Euless would be a very valuable asset to the community. The following residents spoke against granting the specific use permit: Donna Hooker, 405 Wilshire, President of the Wilshire Neighborhood Association, stated she had received several calls from Wilshire residents who voiced concerns regarding the billiards and alcohol portion of the proposed establishment. Ms. Hooker indicated that if billiards and alcohol were to be the main part of the business, the Wilshire residents were opposed to granting the specific use permit. However, if the business would be mainly a restaurant with billiards and alcohol being a small portion of the business, they would not be opposed. Gary Stowe, 1302 Timber Ridge, stated that he felt the public had not been sufficiently informed about the exact use of the proposed facility. Mr. Stowe stated that he was asked to represent Pastor Claude Thomas, First Baptist Church of Euless. Mr. Stowe said that if the facility was not a family type restaurant, but rather mainly a billiards and bar, it would have a long-term deterioration effect on the local property, including the Euless Town Center. Another concern voiced by Mr. Stowe included the proximity to Trinity High School which has an open campus for lunch. Peggy Vandiver, 808 Clebud Drive, stated that she had concerns about the high-speed traffic on Hwy. 157. Ms. Vandiver stated that the city did not need another establishment of this kind, but rather needed a family restaurant where alcohol is not sold. Ms. Vandiver asked the Council to actively pursue a family restaurant for the city. John Darbo, 312 Lone Oak Circle, agreed with Ms. Vandiver that access to the establishment from Hwy. 157 would be very difficult because of the high-speed and heavy traffic. Mr. Darbo also expressed concerns about the establishment's proximity to churches and schools. City Attorney Bob McFarland noted the following restrictions placed on the Council by State law and city ordinances, including state law which prohibits a city from basing any decision on COUNCIL MINUTES JANUARY 10, 1995 PAGE 5 .,,., whether to grant or deny zoning (or special use permit) on whether or not alcoholic beverages would be served at the intended use. The same State code does allow the city to pass ordinances with respect to establishments that sell alcoholic beverages. These ordinances are limited in two ways: 1) the city can restrict the sale of alcoholic beverages by business within a certain proximity to schools, churches and hospitals. The city has adopted an ordinance which include the maximum distance. 2) Cities in Texas cannot pass ordinances that limit the conduct of a business in a city to any type of ratio relative to alcoholic beverages, (i.e. must have a certain ratio of food to alcoholic beverages before they can be permitted in any particular zoning district). However, Euless is one of very few cities in the state who adopted this provision many years ago, and so the city is allowed to require an establishment serving alcoholic beverages to maintain a ratio of 50% or more of the establishment's revenues from food sales. Randy Byers noted that he wanted to clarify to the Council that the approval of Specific Use Permit#94-22-SUP would also serve as approval of the site plan. June White, 1106 Driftwood, suggested a driveway connecting with Town Center. Mayor Saleh replied that when the Council questions Mr. Parker, that issue would be discussed. There being no further proponents or opponents who wished to speak, Mayor Saleh closed the public hearing at 8:30 p.m. ITEM NO. 10: APPROVAL OF SPECIFIC USE PERMIT #94-22-SUP Council Member Boatright stated that the site plan showed a total of 10,700 sq. ft. with 4,600 sq. ``•r ft. dedicated to billiards and darts and 4,250 sq. ft. for the restaurant, bar, kitchen and kitchen storage area. The remaining 1850 sq. ft. is in Phase II Expansion, for which there are no definitive plans. Mr. Parker responded that food would be served in the entire building. Phase II would be implemented as they learn what the clientele dictates. It could be used for banquet facilities, meeting rooms for private parties or service clubs, or if business goes well it would serve as overflow seating during busy times. The aim of management would be to provide food in many different areas of the facility, in the billiards area, darts area and TV areas as well as the full-service restaurant area. Mr. Boatright asked Mr. Parker if he was patterning his entertainment establishment after any others in the Metroplex. Mr. Parker indicated that he was a responsible server of alcoholic beverages in his Grapevine business (Willhoite's), offering training for bartenders and wait staff. This establishment was chosen by the City of Grapevine to operate the concessions at Grapevine Golf Course, where alcoholic beverages are served both in the restaurant and on the course. Mr. Parker stated that he would like to pattern the Euless facility after the reputation they have established for being a responsible, well-operated restaurant/entertainment facility. Mr. Parker said that his proposed establishment would more closely resemble a "Dave and Buster's" than a "Wizard's". Mr. Boatright asked if there was a possibility that the Phase II expansion could include video games, pinball machines or domino tables. Mr. Parker replied that it would not be domino tables, but there may be a few coin operated machines for customers who enjoy them, but it would not be an arcade. The emphasis of entertainment would be on darts and billiards. Mr. Boatright stated that he felt the Planning and Zoning Commission was under the impression that this was going to be a first-class restaurant. Mr. Boatright felt that if the Planning and Zoning Commission members had the opportunity to see the limited menu, they may not have recommended approval of the Specific COUNCIL MINUTES JANUARY 10, 1995 PAGE 6 Use Permit. Mr. Parker replied that the menu could be changed at any time depending on what the customers prefer. Council Member Miller stated that he was familiar with Mr. Parker's Grapevine establishment and "Dave and Buster's" which seems to have a lot of diversity as far as entertainment is concerned. Mr. Miller said that he was interested in the best possible use of this property and asked Mr. Parker if he planned to diversify. Mr. Parker replied that billiard tables take up a lot of room and has plans for 16 tables. He intends to establish leagues and tournaments for both darts and billiards. Mr. Miller asked what measures would be taken to prevent school kids from skipping school to hang out in this establishment. Mr. Parker introduced his management team and stated that these gentlemen were college-educated, family men and all employees are trained to deal with these kinds of situations. Mr. Parker said that he planned to work closely with the Police Department to prevent his business from becoming a hang-out for teens, but rather a place where parents can bring their teenagers to play darts or billiards in a clean-cut environment. Mr. Parker is aware of the city's teen curfew and will gladly adhere to its provisions and will contact Trinity High School to define students' lunch hours. Council Member Douglass noted that he was familiar with one of Mr. Parker's Grapevine establishments, Willhoite's, but asked about his other two establishments. Mr. Parker stated that he ran Mulligan's Grill at the Grapevine Golf Course which serves mainly sandwiches. Mr. Parker owns part of the Rusty Anchor but does not participate in its operation. Mr. Douglass commented that his proposed establishment would be quite different from his other two in that half of the floor space would be dedicated to billiard tables. Mr. Parker agreed that approximately 45% of the building would be utilized by billiard tables, but that he plans to serve a lot of food and beverages `•► in that area. Council Member Smith stated that the Council had the difficult task of distinguishing those applicants who will run a quality family establishment and those who would not. Mr. Smith commented that he was not assured that the City did a good job of enforcing the 50% food/alcoholic beverage ratio. Mr. Smith said that Euless citizens want quality restaurants even if that means alcohol is incidental to the sale of food, i.e. Steak and Ale, Bennigans, etc. He felt that the overwhelming majority of citizens are against an establishment where alcohol is what is primarily going to be sold. Mr. Smith cited as an example the Key Largo restaurant on Hwy. 10, which was purported to be a family restaurant, but in reality basically served alcohol. Mr. Smith stated that the Council recently granted a specific use permit for a church in a shopping center on a temporary basis with the stipulation that the church come back in three years to apply for an extension of their specific use permit. Mr. Smith asked Mr. Parker if he would be willing to agree to this type of time limit on the permit. Mr. Parker responded it would depend upon his banker. Mr. Parker expressed concerns about making a large investment ($650,000) and later having to come back for a renewal of the permit with a chance it would not be granted. Mr. Parker stressed that he planned to run a family entertainment center, not just a family restaurant. Mr. Parker stated that he would charge reasonable prices for his food to make it easier for families to afford and the main reason he could do this is because he would have revenues from other sources (i.e. darts and billiards). Mayor Pro Tem Baker stated that Euless residents had to travel to other cities to play billiards and darts because the city did not have a nice recreation facility. Mr. Baker said he did not support a bar environment, but felt that the establishment as proposed would work in this community. Mr. Baker commented that it was important that the city closely monitor the 50/50 ratio of food/alcoholic beverages. Mr. Baker commented positively on Mr. Parker's past endeavors. COUNCIL MINUTES JANUARY 10, 1995 PAGE 7 Mayor Saleh commented that the city needs a place to have meetings and luncheons because there is currently no place to accommodate a large group. Mayor Saleh asked if an entrance from the Town Center would be possible. Mr. Parker indicated he would welcome an entrance through the Town Center if it would be allowed by the owners of the Town Center. Mr. McFarland stated that the Council could explore with the Town Center owners the possibility of ingress and egress to the shopping center. Council Member Miller asked if the ratio of food and alcoholic beverages included entertainment revenue also. Mr. McFarland replied that the ratio between food and beverage and alcoholic beverage must be predominantly food and beverage. Entertainment revenue would not be included in the ratio. Council Member Boatright asked if the ratio was 60/40 rather than 50/50. Mr. McFarland stated it was "incidental to" which has been interpreted to be the greater of must be food (51/49). Mr. Miller asked if the city had the ability to examine receipts to enforce the ratio. Mr. McFarland stated that there had been a past incidence where the city required receipts from an establishment and found them to be in non-compliance; the establishment was put on notice and was required to report monthly to the city. Mr. McFarland replied that either the applicant would apply as a bar in which case there would be no ratios, or as a restaurant with incidental use (which the applicant did in this case) in which event you would have to maintain more than 50% from food receipts. Mr. Parker replied that they applied to the city as an entertainment facility and that he would like to come in as a bar, but that is not what the establishment would be. He stated that it would be very difficult for this type of facility to maintain a 50/50 ratio. Mr. McFarland clarified that the ordinance requires that the alcoholic beverage revenue is incidental to (less than) the food revenue. Mr. Parker stated that he understood the ordinance. Council Member Smith interjected that it seemed that Mr. Parker was indicating he `stow would not be able to comply with the ordinance. Mayor Pro Tern Baker said that the fact there was entertainment in the facility would tend to increase the alcohol revenues higher than just a straight restaurant. Council Member Miller questioned whether the city had the ability to enforce the ordinance if the facility became 90% bar. Mr. McFarland responded that the city had the ability to enforce it if the facility did not maintain food sales greater than alcoholic beverage sales. Council Member Boatright noted that Mr. Byers indicated this is a site plan. Mr. Boatright stated he would most likely oppose this request because of the location. The city has spent $150,000 to stimulate sales in the Town Center and this area should be developed to include establishments that the city desires. Mr. Boatright stated he had heard no assurance from Mr. Parker that sales of alcohol would be less than food sales. Mr. Boatright questioned the approval of this specific use permit by staff and the Planning and Zoning Commission, since the benefit the city gains from this proposed use would be outweighed by any damage to businesses and homes in the area. Mr. Boatright felt the benefit in this instance did not outweigh the loss because the property to the west and to the south would be negatively impacted by this establishment. Council Member Walker asked if a time limit was placed on the specific use permit and it was not renewed at the end of that time period, would Mr. Parker's lease with Wolfe Nursery automatically be terminated. Mr. Parker stated that it would not. Mr. Walker asked if the lessor would be agreeable to amending the lease to add this provision, would that be acceptable to Mr. Parker. Mr. Parker said he would be willing to discuss this amendment, but was not entirely comfortable `"' with that. COUNCIL MINUTES JANUARY 10, 1995 PAGE 8 N. Council Member Miller commented that there was a need in Euless for a well-organized entertainment center. Council Member Walker asked if Mr. Parker was requesting a specific use permit that goes along with the ordinances of the City of Euless or a specific use permit where the alcoholic beverage percentage would be allowed to be higher than 50%. Mr. Parker said that his original request was for the higher alcohol beverage percentage because it would be very difficult to adhere to a 50/50 ratio. Mr. Walker clarified and received confirmation from Mr. Parker that he was in fact asking for a specific use permit with an exception to the 50/50 ratio since alcoholic beverage receipts would probably exceed 50%. Mayor Saleh asked Mr. Parker if he would be willing to adhere to the Euless Code which specifies that the food/alcoholic beverage ration must be 50/50. Mr. Parker replied that he was not sure he could because it would be very difficult to maintain that ratio with this type of entertainment center. Mayor Pro Tem Baker commented that he remembered a similar request a few years ago that was approved with the stipulation that food receipts must be greater than alcoholic beverage receipts and that prevented the business from locating in Euless. Mr. Baker stated that the Council must decide whether it wants entertainment in this community. Mr. Baker further commented that he could see where the 50/50 ratio would not work in this type of entertainment facility because many patrons would come in to watch a game, play a game of billiards or darts and have a drink. Council Member Boatright pointed out that in the brochure Mr. Parker provided to the Planning and Zoning Commission, it was estimated that the first year estimated revenues of the proposed establishment would exceed $1 million, with 50% of the revenues from food, beverage and games and 50% from alcoholic beverages. Council Member Walker stated that games would not be 'r•• included in figuring the 50/50 ratio as Mr. McFarland explained earlier. Council Member Miller stated that if exceptions were made to the 50/50 ratio, it would be based on management controls and Mr. Parker has a very good reputation. If the Council turns him down, other restaurants may take notice of that and shy away from locating here. Council Member Boatright stated that the main question Council must ask is whether or not this is the "highest and best use" for this property. Mr. Boatright indicated he did not think it was. He is not opposed to billiards, the game room or the restaurant. Mr. McFarland clarified that the specific use permit is required for the billiards. A special use permit is also required to move it out of the incidental use (i.e. bar, tavern). The applicant is applying for a dual special use permit: a) to authorize billiards, and; b) a drinking establishment to authorize the exception from the incidental food use. The Council may grant either or deny either. Council Member Douglass stated that the Council agrees that Euless needs quality family restaurants, where food is a specialty and drinks are a sideline and Mr. Parker seems to be putting the emphasis on billiards and drinks. Mr. Douglass felt that the Wolfe Nursery building is in an excellent developing commercial area and a more appealing business that would enhance the adjacent commercial growth would surely be coming before the Council in the near future. Council Member Douglass moved to deny Specific Use Permit#94-22-SUP. COUNCIL MINUTES JANUARY 10, 1995 PAGE 9 Council Member Boatright seconded the motion. Mayor Pro Tern Baker asked Mayor Saleh to call a five-minute recess. Mayor Saleh recessed the meeting at 9:30 p.m. The meeting was reconvened at 9:40 p.m. Mayor Pro Tern Baker asked Mr. Parker if his original request was for 50% food and entertainment against 50% alcohol, which means at no time could alcohol sales exceed 50% of total sales. Mr. Parker responded that it was. Mayor Pro Tern Baker said that this was a similar arrangement to the one the city has with Showplace Lanes, where the food and entertainment exceed the alcoholic beverage sales. Council Member Douglass said that he did not remember making any arrangement with Showplace Lanes as Mr. Baker just described. Mr. Douglass said he thought it was 50% food to 50% alcoholic beverages and the bowling revenue was not part of the ratio. Billy Owens, Member of the Planning and Zoning Commission, said that at the time Showplace Lanes was approved, they were required to have a separate bar with an entrance different from the sports center and the 60% food and 40% alcoholic beverage was not part of the motion as far as he could remember. Council Member Smith asked Mr. Parker if a six-year time commitment would be satisfactory at which time the specific use permit would come up for renewal. Mr. Parker indicated he would be running a first-class operation and said that he was concerned that he would uphold his end of the bargain and in six years the Council may decide they just didn't want to renew the permit. `► Mr. Parker said that either the six year time limit or a restriction of 30% food which he could comply with would be another alternative. Council Member Walker asked Mr. Parker how he would feel if there was a restriction that the specific use permit would be approved only for as long as he owned the facility. Mr. Parker said he would be agreeable to that or add a restriction of 30-35% food. Ayes: Council Members Douglass, Walker and Boatright Nays: Council Members Smith, Miller, Mayor Pro Tern Baker and Mayor Saleh Mayor Saleh declared the motion failed. Council Member Douglass asked Mr. McFarland if a time limit could be placed on the permit. Mr. McFarland clarified what he understood the restrictions Council would like to place on the two specific use permits for billiards and for the drinking establishment as follows: a) entertainment, food and beverage sales must exceed those for alcoholic beverages; b) the specific use permit would be granted with those conditions for a period of six years, at which time the applicant would apply for an extension; c) without the six year limit being placed on the permit, the permit would apply only to this applicant (i.e. if ownership changed, the specific use permit would terminate). Council Member Walker moved to approve Specific Use Permit#94-22-SUP for a restaurant with billiards and the sale of alcohol in a C-2 (Community Business District), on Lot 9-R, Block 3, Bell COUNCIL MINUTES JANUARY 10, 1995 PAGE 10 __ Ranch Terrace Addition, also known as 210 South Industrial Boulevard with the following conditions: 1) The entertainment/food/non-alcoholic beverage receipts must exceed those of alcoholic beverage receipts and that the applicant be required to furnish evidence of such sales to the city. 2) The specific use permit will terminate in six years at which time the applicant must apply for an extension. 3) In the event that Mr. Parker does not maintain majority ownership in the establishment the specific use permit would be terminated. Mr. Parker stated that he only owned 40% of the stock and he would be Chairman of the Board. Mayor Saleh asked if he would be the major stockholder. Council Member Walker pointed out if Mr. Parker did not own 51% of the stock, he would not hold controlling interest and would withdraw his motion unless he could meet that condition. Mr. Parker's associate stated that he would give Mr. Parker his 10% of the stock to allow Mr. Parker to meet that condition. Council Member Walker pointed out "Coyote's" as an example of the deterioration of an establishment that results from change of ownership. Council Member Boatright stated that if Council Member Walker withdrew his motion, could he make a motion to table. Council Member Walker stated he would not withdraw his motion since Mr. Parker indicated he could get 51% of the stock. Council Member Boatright stated that the Council had nothing in writing to prove this. Council Member Walker added that staff would not issue the specific use permit unless Mr. Parker met all the conditions attached. Mr. Parker said \■ he would be able to show that through his shares of stock. Mayor Pro Tern Baker seconded the motion. Council Member Douglass stated that in the past the Council put time limits on zoning changes and legal counsel advised that this was not legal. Mr. McFarland replied that Council was advised that they could not put time conditions on zoning cases; the issue before the Council is a specific use permit. Ayes: Council Members Smith, Miller and Walker, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Members Douglass and Boatright Mayor Saleh declared the motion carried. Mr. Parker stated that he was extremely impressed with the City of Euless staff. ITEM NO. 11: PUBLIC HEARING FOR SPECIFIC USE PERMIT #94-24-SUP Mayor Saleh opened a public hearing at 10:05 p.m. to hear input on the request of Colonial Equities, Inc. for a Specific Use Permit for apartments in an R-3 and R-5 (Multi-Family Dwelling Districts at 12 and 24 units/acre), out of the R. Crowley Survey, A-312, Tracts 4E03 and 4G, �.. located on the northeast corner of Fuller-Wiser and East Ash Lane. COUNCIL MINUTES JANUARY 10, 1995 PAGE 11 Nolo. Mr. Barry Knight, Colonial Equities, Inc., addressed the Council. The Development Review Committee and the Planning and Zoning Commission recommended approval of the specific use permit and site plan for the construction of 250 apartments. There were no further proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 10:07 p.m. ITEM NO. 12: APPROVAL OF SITE PLAN AND SPECIFIC USE PERMIT #94-24-SUP Council Member Douglass moved to approve Specific Use Permit #94-24-SUP and site plan for apartments in an R-3 and R-5 (Multi-Family Dwelling Districts at 12 and 24 units/acre), out of the R. Crowley Survey, A-312, Tracts 4E03 and 4G, located on the northeast corner of Fuller-Wiser and East Ash Lane. Council Member Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13: PUBLIC HEARING - ZONING CASE 94-25-ZC '`. Mayor Saleh opened a public hearing at 10:09 p.m. to hear a request of Pulte Homes of Texas for a change of zoning of 2.485 acres out of the Ray Shelton Subdivision from CUD #675 (Community Unit Development for Multi-Family at 12 units/acre) to R-1 (Single-Family Detached Dwellings). Mr. Brad Meyer, Carter& Burgess, representing Pulte Homes, addressed the Council. Mr. Meyer noted that this was Mr. Blease Tibbets' property which provides an additional piece to Bear Creek Bend, Phase III, and allows Pulte to continue residential lotting through that piece of property. There were no further proponents or opponents who wished to address the Council. Mayor Saleh closed the public hearing at 10:10 p.m. ITEM NO. 14: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1165 (ZONING CASE 94-25-ZC) Mayor Pro Tern Baker asked Mr. Meyer if the entire tract was purchased from Mr. Tibbets. Mr. Meyer replied that Mr. Tibbets retained the lot his house sits on and he would continue to live there. Council Member Douglass moved to approve the first and final reading of Ordinance No. 1165 (Zoning Case 94-25-ZC) for a change of zoning on 2.485 acres out of the Ray Shelton Subdivision from CUD #675 (Community Unit Development for Multi-Family at 12 units/acre) to N"" R-1 (Single-Family Detached Dwellings). COUNCIL MINUTES JANUARY 10, 1995 PAGE 12 �., Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1168 Council Member Walker moved to approve the first and final reading of Ordinance No. 1168, amending Chapter 42 of the code of Ordinances to provide food handling certification and training of food handlers and Chapter 30 of the Code of Ordinances to establish fees to cover cost of training. Council Member Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16: APPROVAL OF ACTIONS BY EULESS DEVELOPMENT CORPORATION ON JANUARY 4, 1995 City Manager Torn Hart stated that the action taken by the Euless Development Corporation on January 4, 1995, was a culmination of several years of hard work. When the voters were asked to approve the Half Cent Sales Tax, the city pledged to build a library, to do economic development and to build an athletic complex. Mr. Hart reported that the purchase of land had proved to be a complicated issue because there are not many large tracts of land remaining in the city, which resulted in looking outside the city for a suitable tract of land for the athletic complex. One parcel which was considered was found not to be suitable for the athletic complex, but it was determined that a golf course would be a viable use for the property. The land is located south of Hwy. 10, south of Pipeline Road and west of FM 157. The proposed land purchase consists of three parcels: 43-acre tract and 150-acre tract for a golf course; and an 86- acre tract for the athletic complex. The city is looking at using hotel/motel tax revenues to build a meeting facility on the top floor of the golf facility. Mr. Hart stated that the golf course is not a certainty, but staff is moving forward with feasibility studies and felt that it would be a very viable project. Mr. Hart reported that this proposed land purchase was presented to the Euless Development Corporation on January 4, 1995, and they authorized negotiation of contracts to complete these purchases. In pre-session City Manager Tom Hart reported that the structure of the land purchase for the athletic complex allows the City to purchase the property at $15,000 an acre plus expenses �.. (broker fees and rollback taxes estimated at under $2,500 per acre total), with a commitment to start a golf course within three years; or take the option of buying the athletic complex property at $25,000 an acre (approximately $860,000 more). Should we elect not to build the golf course, COUNCIL MINUTES JANUARY 10, 1995 PAGE 13 we will have the option of paying the additional $10,000 per acre or sell to them for $10 the 150- acre adjacent tract being purchased for the proposed golf course for which the City paid $750,000. This would fulfill our contract. It was staffs determination that the athletic complex land was a good purchase even at the higher price. If we build the golf course, then all the better. In effect, we will be getting our golf course land for under $400,000. Council Member Douglass commented that there were two parts to the land purchase, an athletic complex and a golf course. Mr. Douglass stated that an athletic complex which would be used by approximately 50% of our citizens is much more palatable than a much greater expenditure for a golf course which would be patronized by less than 8% of our citizens. Mr. Douglass said that Council had received no assurance that this costly golf course would be self-supporting within the next five or more years. Council Member Douglass felt the money could be better used on family parks, in-line skate areas, gym facilities, etc. that could be utilized by our citizens. Council Member Douglass also reminded Council that there are five 18-hole golf course within six to eight miles of Euless and two of the 18-hole privately owned courses are within our city limits. Mr. Douglass expressed regret that the vote on the two facilities was not a separate one and wanted to express his support of the athletic complex, but his disapproval of the golf course. Mayor Pro Tern Baker moved to approve actions of the Euless Development Corporation as detailed in the January 4, 1995 Minutes of the Euless Development Corporation, including the authorization to negotiate and execute contracts for land purchases to undertake a recreational project for a potential athletic complex and golf course facility in the approximate amount of$2.7 million. Council Member Miller seconded the motion. Mr. Hart reported that the project is contingent upon approval of zoning from the City of Fort Worth even though the city is proceeding to purchase the property. Ayes: Council Members Smith, Miller and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: Council Member Douglass Abstain: Council Member Walker Mayor Saleh declared the motion carried. ITEM NO. 17: APPROVAL OF FINAL DESIGN FOR THE EULESS PUBLIC LIBRARY Bo Bass, Economic Development Projects Manager and Chair of the Euless Library Building Committee, reviewed a site plan of the proposed library building. The proposed building is just over 40,000 sq. ft. The total budget for the building is $5,542,546, with an approximate contingency of $200,000. Denelle Wrightson, PSA Architects, stated that a boulevard would be created through the campus tying in all existing buildings. Ms. Wrightson reviewed the interior design of the building and pointed out that the unique design of this building was the large amount of shell space allocated for later expansion. Council Member Walker moved to approve the final design for the Euless Public Library as developed, reviewed and recommended by the Euless Library Building Committee. COUNCIL MINUTES JANUARY 10, 1995 PAGE 14 r,_ Council Member Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. Mayor Saleh thanked Bo Bass and the entire Library Building Committee for their long hours of hard work. Mayor Saleh reported that construction was expected to begin in May of 1995 with estimated completion in May, 1996. ITEM NO. 18: REPORTS a) City Manager City Manager Tom Hart reported that he had lunch with the editor of the Fort Worth Star Telegram and other area city managers. The discussion began with and focused on the City of Euless and all the projects being planned, including the library, golf course, athletic complex, major mall and other development. b) City Attorney �• City Attorney Bob McFarland had nothing to report. c) Staff There were no staff reports. d) City Council All City Council Members commented on the exciting projects taking place in the city and their expectations for a good year for the City of Euless. Mayor Saleh thanked the Council for their diligent work during the past year and for the vision and cooperation they have shown in the planning of the many city projects which are underway. Mayor Saleh commended Rick Herold, Director of Community Services, who was recently honored by the Tarrant County "Business Press" as one of "40 Under 40" up and coming professionals in Tarrant County. Mayor Saleh announced that she was recently blessed with her first "Saleh" granddaughter, Chelsea Saleh. Mayor Saleh asked if anyone in the audience wished to address the Council and received no reply. ITEM NO. 19: ADJOURN r.. Mayor Saleh adjourned the meeting at 10:40 p.m. COUNCIL MINUTES JANUARY 10, 1995 PAGE 15 ATTEST: APPROVED: t ( ' ta ry M Lilo Saleh, Mayor \wpwin\minutes\1-10-95 min ft..-