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Home My WebLink About1995-04-11 MINUTES OF A REGULAR MEETING '�- OF THE EULESS CITY COUNCIL APRIL 11, 1995 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Pro Tern Bobby Baker at 4:15 p.m. on Tuesday, March 28, 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. A closed session was held to discuss pending litigation and land acquisition as authorized by Sections 551.071 and 551.072 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 the scheduled items. Staff Members Present Now Tom Hart, City Manager; Paul Weneskie, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Tom Cox, Director of Administrative Services/Economic Development; Rick Herold, Director of Community Services; Randy Byers, Director of Development and Public Works; Paul Kruckemeyer, City Engineer; Andrea Baxter, Assistant City Engineer; Rod Tyler, City Planner; Kevin Mercer, Development Services Manager; Police Corporal Jerry Cook; Police Captain Harland Westmoreland; Ogden "Bo" Bass, Economic Development Projects Manager; Michelle Wyman, Community Affairs Administrator; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Andy Chesney, Charter Review Committee; Billy Owens, Carl Tyson and George Zahn, Planning and Zoning Commission; Rose Miller; Tenia Baker; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Glenn Walker led the Pledge of Allegiance. INVOCATION Mayor Pro Tern Bobby Baker gave the invocation. v.. COUNCIL MINUTES APRIL 11, 1995 PAGE 2 'Nt., ITEM NO. 1: PRESENTATION OF PROCLAMATION - CHILD ABUSE AWARENESS DAY Mayor Saleh presented a proclamation for Child Abuse Awareness Day (April 29, 1995), to Mr. Ray Russell, Independent Order of Foresters, Court Bluebonnet. ITEM NO. 2: PRESENTATION OF PROCLAMATION - ORGAN AND TISSUE DONOR AWARENESS WEEK Mayor Saleh presented a proclamation for Organ and Tissue Donor Awareness Week (April 17- 23, 1995) to Mr. Dwayne Kent, LifeGift Organ Donation Center. ITEM NO. 3: PRESENTATION OF PROCLAMATION - SUPPORTING ARBOR DAY 1995 Mayor Saleh presented a proclamation to Rick Herold, Director of Community Services, in support of Arbor Day 1995 (April 28, 1995) and reaffirming the City of Euless' commitment to the belief in Arbor Day and the importance of trees in our world. ITEM NO. 4: PRESENTATION OF PROCLAMATION - SUPPORTING THE 25TH ANNIVERSARY OF EARTH DAY Mayor Saleh presented a proclamation to Michelle Wyman, Community Affairs Administrator, proclaiming April 22, 1995 as Earth Day and supporting environmental initiatives such as curbside rr► recycling, using recycled products and active involvement in the preservation and protection of our natural resources. ITEM NO. 5: PRESENTATION OF EMPLOYEE OF THE MONTH - APRIL City Manager Tom Hart introduced Michelle Wyman, Community Affairs Administrator. Mr. Hart congratulated Ms. Wyman for being awarded the prestigious Bosch Fellowship and also for being named Employee of the Month for April. Mayor Saleh presented a plaque and gift certificate to Ms. Wyman. ITEM NO. 6 PRESENTATION OF 10-YEAR EMPLOYEE SERVICE PIN Mayor Saleh presented a 10-year service pin to Police Corporal Jerry Cook. Corporal Cook introduced his wife, Noriko. ITEM NO. 7: PUBLIC HEARING - ZONING CASE #95-02 Mayor Saleh opened a public hearing at 7:17 p.m. to hear input on a request from Andy and Deborah Chesney for a change of zoning on 6.988 acres known as Tracts 4B1A and 4B2B of the A.M. Downen Survey, A-415 (1200 block of West Euless Boulevard), from C-2 (Community Business District) and I-1 (Light Industrial District) to PD (Planned Development for a wrecker service). r.r. COUNCIL MINUTES APRIL 11, 1995 PAGE 3 N.. Randy Byers, Director of Development and Public Works, noted the location of the property. Mr. Walter Elliott, Elliott & Hughes, representing Andy and Deborah Chesney, gave a brief history of the Chesney's wrecker business (Euless Wrecker Service) in the City of Euless and the proposed use of the property. Mayor Saleh asked for proponents and there being none, called for opponents to Zoning Case #95-02. Mr. Nick Basilla, Cooper's Golf Park, an adjacent property owner, stated that he was against the proposed use of this property for several reasons: 1) because of aesthetics; 2) the proposed use is not compatible with the city's master plan; 3) drainage problems on and near this property, and; 4) due to the nature of this business, there is the possibility of environmental problems because of disabled vehicles leaking oil, water coolant, etc. Mayor Saleh closed the public hearing at 7:35 p.m. Mayor Saleh asked staff to address Mr. Basilla's concerns regarding the proposed development. Randy Byers, Director of Development and Public Works, stated that staff reviews a request for rezoning with respect to meeting the requirements of the zoning ordinance only. Mr. Byers noted that the Planning and Zoning Commission had denied the request for rezoning because the applicant failed to meet masonry fence requirements on Hwy. 10 and on the shop building frontage, and a paved storage area. City Planner Rod Tyler stated that the proposed development was in general compliance with the `iew Master Plan. City Engineer Paul Kruckemeyer stated that drainage would be addressed in the land and construction plans. Mr. Kruckemeyer added that he advised the applicant of the need for a retention basin which would be addressed in the land plan. Mr. Elliott commented that the drainage ditch Mr. Basilla mentioned is on the Cooper's Golf Park property. City Manager Tom Hart indicated that there had been meetings with staff and Mr. Chesney regarding the masonry requirements on the screening fence and shop building and that Mr. Chesney agreed to construct masonry columns on the screening fence. Council Member Miller suggested that photinias be planted along the west fence line if the adjacent property owner would agree. Mr. Chesney indicated that he had discussed this possibility with the adjacent property owner, Mr. James Jennings, and he has agreed to the proposed landscaping. Mayor Saleh clarified with Mr. Chesney that he is in agreement that the front of the building would be 60% masonry. Mr. Chesney indicated he was in agreement with that and also to build brick columns on the Hwy. 10 frontage fence, with columns on each corner and one in the middle of the fence, and he agreed that the surface of the storage area would be crushed gravel. Mayor Saleh asked if there would be an opticom installed on the entrance gate. Mr. Chesney replied that he would not have an opticom installed, but would have a keypad lock installed and an attendant would be present 24 hours a day. Council Member Douglass asked Mr. Chesney if he had bought the property prior to coming to the City Planning officials. Mr. Chesney stated that he discussed the property with staff before COUNCIL MINUTES APRIL 11, 1995 PAGE 4 vs.. purchasing the property. Mr. Douglass said he did not feel the proposed development was the highest and best use of the property and suggested that if the development could be built a few miles west, it would be more compatible with surrounding uses. Mr. Chesney replied that if he moved a few miles west, he would be out of the range required by the D/FW Airport to retain their business. Council Member Miller felt that in the past commercial business has not done well in this area, and that industrial and construction types of business seemed to be more successful along this portion of Hwy. 10. Council Member Boatright indicated agreement with Mr. Miller. ITEM NO. 8: APPROVAL OF THE FIRST AND FINAL READING OF ORDINANCE NO. 1173 (ZONING CASE #95-02) Mayor Pro Tern Baker asked City Attorney Paul Wieneskie to clarify his position regarding voting on Zoning Case #95-02. Mr. Wieneskie stated that although Mayor Pro Tem Baker is Mr. Chesney's brother-in-law, state law regarding conflicts of interest has been researched and it has been determined that there was not a sufficiently close degree of relationship between Mr. Chesney and Baker to constitute a legal disqualification. Mr. Wieneskie further stated that in order to approve Zoning Case #95-02, there would have to be six affirmative votes since the Planning and Zoning Commission had recommended denial. Council Member Boatright moved to approve Zoning Case #95-02 and first and final reading of Ordinance No. 1173 for a change of zoning on 6.988 acres known as Tracts 4B1A and 4B2B of the A.M. Downen Survey, A-415 (1200 block of West Euless Boulevard), from C-2 (Community Business District) and I-1 (Light Industrial District) to PD (Planned Development for a wrecker service), contingent upon the following: 1. Surface of vehicle storage area to be crushed stone. 2. 60% masonry on the front of the shop building. 3. Masonry columns at each corner and in the middle of the screening fence along the Hwy. 10 frontage. Council Member Walker seconded the motion. Ayes: Council Members Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Abstain: Council Member Douglass Mayor Saleh declared the motion carried. ITEM NO. 9: APPROVAL OF SITE PLAN #95-06-SP Council Member Walker moved to approve Site Plan #95-06-SP for a wrecker service to be located on the south side of the 1200 block of W. Euless Boulevard. Council Member Boatright seconded the motion. r.. COUNCIL MINUTES APRIL 11, 1995 PAGE 5 Ayes: Council Members Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Abstain: Council Member Douglass Mayor Saleh declared the motion carried. ITEM NO. 10: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1170 Council Member Miller asked staff if anyone who had recently been before the Council, such as the American Indian Center, would be affected by this change in landscaping requirements and could the requirements be waived to bring them into compliance with the proposed amendment. Mr. Tyler replied that the American Indian Center landscaping requirements were a result of a specific use permit rather than the street yard landscaping requirements. Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1170, amending Chapter 84, Section 334 "Landscaping Standards for Other Than One or Two Family Dwellings." Council Member Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern `ow Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11: PUBLIC HEARING - SPECIFIC USE PERMIT #95-05-SUP Mayor Saleh opened a public hearing at 8:15 p.m. to hear input on a request for Specific Use Permit#95-05-SUP, for a library and city hall complex in an R-1 District (Single-Family Detached Dwelling) on Block 1, Tucker Addition, Lots 2 and 3, Block B and Lots 1-15, Block C, Sheppard Subdivision, located on the northwest corner of N. Ector Drive and SH 183. Randy Byers, Director of Development and Public Works, noted the location of the property in relation to other city buildings. Mayor Saleh asked if there were proponents or opponents to Specific Use Permit#95-05-SUP and hearing none closed the public hearing at 8:16 p.m. ITEM NO. 12: APPROVAL OF SPECIFIC USE PERMIT #95-05-SUP Council Member Walker moved to approve Specific Use Permit#95-05-SUP, for a library and city hall complex in an R-1 District (Single-Family Detached Dwelling) on Block 1, Tucker Addition, Lots 2 and 3, Block B and Lots 1-15, Block C, Sheppard Subdivision, located on the northwest corner of N. Ector Drive and SH 183. COUNCIL MINUTES APRIL 11, 1995 PAGE 6 '410. Mayor Pro Tern Baker 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. 13: APPROVAL OF SITE PLAN #95-07-SP Council Member Douglass expressed concern about the proximity of the library building to the SH 183 right-of-way. Council Member Miller moved to approve Site Plan #95-07-SP for the library and city hall complex as presented. 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. 14: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1171 Ogden "Bo" Bass, Economic Development Projects Manager, reported that during the platting process for the new library, it was determined that some platted lots need to be removed as well as an alley. These items are addressed in Items 14 and 15 on this agenda. Mr. Bass stated that staff recommends approval of these items contingent upon receiving a sign-off from all utilities. Council Member Walker moved to approve the first and final reading of Ordinance No. 1171, vacating Rexana Street (a 50-foot right-of-way) in the Tucker Addition and the Sheppard Subdivision contingent upon consent of Lone Star Gas Company, Southwestern Bell Telephone Company, Texas Utilities Electric Company and TCI Cable Vision. Council Miller 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. COUNCIL MINUTES APRIL 11, 1995 PAGE 7 �.. ITEM NO. 15: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1172 Council Member Smith moved to approve the first and final reading of Ordinance No. 1172, vacating and abandoning a portion of a 15-foot wide public alley in the Sheppard Subdivision, contingent upon consent of Lone Star Gas Company, Southwestern Bell Telephone Company, Texas Utilities Electric Company and TCI Cable Vision. 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. ITEM NO. 16: MINUTE ORDER RECOMMENDING AWARD OF A CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT B94-UC-48-09001-22-30 (REMOVAL OF CURB AND SIDEWALK AND INSTALLATION OF HANDICAP RAMPS) Mayor Pro Tern Baker moved to approve a Minute Order recommending award of contract to Prouty and Bruce Construction, low bidder, for CDBG Project#B94-UC-48-09001-22-30, removal of curb and sidewalk and installation of handicap ramps. rr.• 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. 17: CANCELLATION OF BID NO. 94-27 (PREVIOUSLY AWARDED MARCH 16, 1995) Council Member Douglass moved to cancel Bid No. 94-27 for a one-ton cab and chassis for remounting an ambulance module, previously awarded to Payton-Wright Ford, at the request of Payton-Wright Ford because of a backlog of units allocated for production. Council Member Walker seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None *ta" Mayor Saleh declared the motion carried. COUNCIL MINUTES APRIL 11, 1995 PAGE 8 %iv ITEM NO. 18: REJECTION OF ALL BIDS SUBMITTED FOR BID NO. 95-03 Council Member Douglass moved to reject all submitted bids for Bid No. 95-03, for refurbishing and remounting one ambulance compartment, to allow a new bid configuration as a result of Ford Motor Co. inability to provide the cab and chassis (Ref. Bid No. 94-27). 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. 19: APPROVAL OF MINUTES OF MARCH 28, 1995 REGULAR MEETING Council Member Walker moved to approve the Minutes of the March 28, 1995 Regular Meeting as presented. Mayor Pro Tern Baker 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. 20: REPORTS a) City Manager City Manager Tom Hart reported that the mall project is still making progress with the developers working to get anchor commitments. A clarification of school legislation pertaining to Tax Increment Finance Districts is being sought. Mr. Hart pointed out that when staff is contacted regarding a zoning project, they do not give advice on the project other than items relating to zoning requirements, such as best use of the land. b) City Attorney City Attorney Paul Wieneskie had nothing to report. c) Staff There was no staff report given. COUNCIL MINUTES APRIL 11, 1995 PAGE 9 ti„ , d) City Council Council Member Douglass congratulated Michelle Wyman and Jerry Cook and commented that the April 1 Library Groundbreaking was an exciting event. Council Member Smith congratulated Corporal Cook. Council Member Miller invited citizens to hear a speaker on Railtran at the Ruth Millican Center on April 18 at 6:45 p.m. Mr. Miller attended the Euless Athletic Association opening day ceremony this past weekend and was pleased to see the excellent turnout. Council Member Walker attended the first annual Kiwanis Miracle Network benefit breakfast at Carr Park on April 1. Council Member Boatright stated that Michelle Wyman would be a loss to the City when she leaves and congratulated her on receiving the Bosch Fellowship and Employee of the Month award. ITEM NO. 21: ADJOURN Mayor Saleh adjourned the meeting at 8:45 p.m. ATTEST: APPROVED: `r. Susan Crim, I MC, City Secretary Mary Lib S eh, Mayor \minutes\4-11-95.min