Loading...
HomeMy WebLinkAbout1996-04-09 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL APRIL 9, 1996 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, April 9, 1996, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Carl Tyson, Charles Miller, Glenn Walker and Katie Edwards. Council Member Todd Smith was absent. Precouncil discussion was held on agenda items and other scheduled items. A closed session was held to discuss pending litigation as authorized by Section 551.071 of the Texas Government Code. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:07 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; Lee Koontz, Fire Chief; Gary McKamie, Police Chief; Diana Ortiz, Director of Finance; Randy Byers, Director of Development and Public Works; Tom Cox, Director of Economic Development and Administrative Services; Rick Herold, Director of Community Services; Andrea Baxter, Assistant City Engineer; Scott Parsley, Battalion Chief; Ruth Alley, Personnel Manager;Janina Jewell,Accountant, Finance Department; Linda Free, Accounts Payable Clerk, Finance Department; Jenny Kratz, Municipal Relations Coordinator; Scott Campbell, Administrative Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairman, Parks and Leisure Services Board (Council Member-Elect); Keith Eggers, Planning and Zoning Commission; John and Lisa Free; Barbara Polk; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Mayor Pro Tern Baker led the Pledge of Allegiance. INVOCATION Mayor Saleh gave the invocation. COUNCIL MINUTES APRIL 9, 1996 PAGE 2 ''�' ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH FOR APRIL Mayor Saleh presented a plaque and gift certificate to Linda Free, Accounts Payable Clerk, as Employee of the Month for April. Ms. Free introduced her husband, John, and her daughter, Lisa. ITEM NO. 2: APPROVAL OF RESOLUTION NO. 96-938 Council Member Walker moved to approve Resolution No. 96-938, urging the Public Utilities Commission (PUC) to adopt a plan providing for a geographic split whereby area code 817 will be retained as the exclusive area code for the Fort Worth Metropolitan Calling Area. Council Member Miller seconded the motion. Ayes: Council Members Tyson, Miller, Walker and Edwards and Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 3: AWARD OF BID NO. 96-05 ''" Rick Herold, Director of Community Services, clarified that the fencing in Bid No. 96-05 would be for the foul lines and outfields of all four fields at Softball World, which includes 400' of 10' fencing; 3650' of 8' fencing; 1850' of 6' fencing; all replacement posts and four 15' gates for each of the outfields. Council Member Walker moved to award Bid No. 96-05 to Sunbelt Fence Co. for fencing for Softball World in the amount of $20,084.33. Council Member Miller seconded the motion. Ayes: Council Members Tyson, Miller, Walker and Edwards and Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 4: APPOINTMENT OF TEEN COURT ADVISORY BOARD MEMBERS Council Member Edwards moved to appoint Larry Beaver and Teresa Truttmann to the Teen Court Advisory Board with terms to expire May 1, 1998. `„� Council Member Walker seconded the motion. COUNCIL MINUTES APRIL 9, 1996 PAGE 3 `w Ayes: Council Members Tyson, Miller, Walker and Edwards and Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: PUBLIC HEARING FOR ZONING CASE #96-05 Mayor Saleh opened a public hearing at 7:18 p.m. to hear input on a request of Carbone Properties, LLC, for a change of zoning on 24.83 acres out of the Kitty House Survey, A-678 and John Groves Survey,A-599,from its present zoning of C-2 (Community Business District) and I-1 (Light Industrial District) to 1-2 (Heavy Industrial District); located on the north side of Pipeline Road and west of Westpark Way. Randy Byers, Director of Development and Public Works, pointed out the location of the property proposed for rezoning and explained that Aerobotics Engineering has had rapid growth and needs to expand. The proposed zoning would facilitate this expansion and allow for future plans of a campus-style development for high tech businesses. Mr. Byers stated that the Planning and Zoning Commission recommended approval of the zoning change at their March 19, 1996 meeting. Mr. Frank Carbone, Managing Partner, Carbone Properties and President, Aerobotics ‘"' Industries, reviewed his request for a change of zoning and plans for expansion on this property. Mr. Carbone stated that the request for rezoning is the first phase of the development of a technology campus on 36 acres directly behind the present facility at 1400 Westpark Way (Highway 10 to S. Pipeline Road). Ms. Barbara Polk, 716 Koen Lane, Euless, spoke as an opponent to the proposed zoning change. Ms. Polk owns property to the south of the property proposed for rezoning and stated that Mr. Carbone was not abiding by the Declaration of Covenants and Restrictions of the International/Regional Industrial Complex. Ms. Polk stated that she had two concerns: the first is about what the City is and is not doing to uphold the value of property; the second is that Mr. Carbone and others are not abiding by the restrictions of the park, which include underground utilities and exclude boarding of animals. Ms. Polk commented that she had been informed by city staff that the city cannot uphold these restrictions and covenants. Ms. Polk referred to a section in the Texas Government Code which she felt enabled the city to do so. Ms. Polk referred to a communication tower built within the International/Regional Industrial Complex, and asked that the tower be removed since restrictions require below ground utilities. Ms. Polk stated that Aerobotics employees are being allowed to park on her property and that contractor machinery is also being stored on her property. Ms. Polk pointed out that although the restrictions exclude sheltering animals, the city built an animal shelter. Ms. Polk asked the city to uphold these restrictions. COUNCIL MINUTES APRIL 9, 1996 PAGE 4 There being no further proponents or opponents who wished to address the Council, Mayor Saleh closed the public hearing at 7:38 p.m. ITEM NO. 6: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1205 City Attorney Bob McFarland in response to Ms. Polk's comments regarding the city's enforcement of the restrictive covenants, stated that covenants are a private contract and the city does not enforce contractual agreements between private property owners, since this would constitute using public funds for a private purpose. Mr. McFarland further stated that there is no provision authorizing the city to enforce private restrictions. Council Member Walker asked for clarification from Mr. McFarland as to how Ms. Polk would pursue her concerns about alleged violations of the restrictions(i.e. tower and animal shelter). Mr. McFarland replied that Ms. Polk would ultimately be required to bring a private suit against the city. However, whether or not the city or Mr. Carbone are in violation of the restrictions has no bearing on the zoning case presently before the Council. Council Member Tyson pointed out that the 24.83 acres to be rezoned are not part of the International Business Park and, therefore, are not subject to the restrictions. Mayor Pro Tern Baker asked Mr. Carbone if he planned to have deed restrictions on his property and, if so, how will they be enforced. Mr. Carbone replied that he does plan to have `" deed restrictions, but is not certain whether any of the land will be sold. It is his intention to develop a technology campus and will invite companies to locate here that will be complementary to Aerobotics, and will exert substantial control on future properties. Council Member Miller asked Mr. Carbone if it was his intent to install attractive lighting and to locate utilities below ground as has been done in Centerport. Mr. Carbone replied that he was not certain because they have not gotten that far into the planning of the project. Mr. Carbone added that TU Electric is willing to put the power lines underground, but there is a concern about accessibility to the power lines in case of failures. Mayor Saleh asked Mr. Carbone about parking on Ms. Polk's property. Mr. Carbone replied that he was not aware of parking that took place on her property, but contractors trucks had been traversing her land to get to the interior of his land and he has instructed the truck drivers not to do so. Mr. Carbone stated that he will have any damages repaired. Mayor Pro Tem Baker moved to approve the first and final reading of Ordinance No. 1205, fora change of zoning on 24.83 acres out of the Kitty House Survey, A-678 and John Groves Survey, A-599, from its present zoning of C-2 (Community Business District) and I-1 (Light Industrial District)to 1-2 (Heavy Industrial District); located on the north side of Pipeline Road and west of Westpark Way. Council Member Miller seconded the motion. ti COUNCIL MINUTES APRIL 9, 1996 PAGE 5 Ayes: Council Members Tyson, Miller, Walker and Edwards and Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO . 7: APPROVAL OF MINUTES OF MARCH 26, 1996 REGULAR MEETING Council Member Miller asked for clarification on Item 22 (Specific Use Permit 96-03) and Item 23 (Site Plan 96-02) and which would take precedence over the other. City Attorney Bob McFarland clarified that the requirement for a wrought iron fence around the entire property cited in Site Plan 96-02 superseded the stipulation of a "wrought iron fence and/or a good quality fence" in Specific Use Permit 96-03. Council Member Walker moved to approve the Minutes of the March 26, 1996 Regular Meeting as presented. Mayor Pro Tern Baker seconded the motion. Ayes: Council Members Tyson, Miller, Walker and Edwards and Mayor Pro Tern r.. Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8: REPORTS a) City Manager City Manager Tom Hart commended Tom Cox, Economic Development Director, for the economic development status report his office prepared and urged the Council to review it. b) City Attorney City Manager Bob McFarland had nothing to report. c) Staff Report Battalion Chief Scott Parsley gave a report on Emergency Medical Services and outlined the "Chain of Survival", what it takes to live through a critical event, the system components of the City's EMS, and some of the specific system activities they have done over the years. COUNCIL MINUTES APRIL 9, 1996 PAGE 6 `o. d) City Council Council Member Tyson congratulated Linda Free as Employee of the Month and thanked Scott Parsley for his excellent presentation. Mayor Pro Tern Baker reported that there has been significant progress on the plans for the golf course clubhouse and conference facility. The committee will continue to meet regularly during the next couple of months. Council Member Miller thanked Scott Parsley for his presentation. Mr. Miller asked when bids for lighting and fencing for the ballpark would take place. City Manager Tom Hart replied that he believed the bids would be out during the next month. Council Member Walker invited everyone to tour the new library facility and said that he has received many positive comments from citizens. Council Member Edwards stated that she was pleased to have the opportunity to be the Council liaison to the Teen Court. Ms. Edwards invited citizens to attend teen court. Mayor Saleh thanked Scott Parsley for his presentation. Mayor Saleh commented that Council Member Smith, who has filed for the position of State Representative, District 92, was probably counting votes at this time since the election was held today. Mayor Saleh reminded everyone of Arbor Daze and reported that Ector Drive will be closed Wednesday morning at 12:01 a.m. Tickets for entertainment events are available at City Hall. Mayor Pro Tern Baker asked if a temporary postal dropoff would be provided for those on the south side of town since Ector Drive would be closed. Mr. Hart asked Assistant City Manager Hennig to look into the possibility of providing a temporary dropoff. ITEM NO. 9: ADJOURN Mayor Saleh adjourned the meeting at 8:30 p.m. APPROVED: ç4wL Mary Lib Silleh, Mayor ATTEST: Susan Crim, CMC, City Secretary minutes14-9-96.min