HomeMy WebLinkAbout1996-10-10 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
OCTOBER 10, 1996
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 Thursday, October 10, 1996, in the Administration Building Conference
Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and
Council Members Carl Tyson, Leon Hogg, Charles Miller, Glenn Walker, and Katie
Edwards. A closed session was held to discuss pending litigation and personnel matters
as authorized by Sections 551.071 and 551.074 of the Texas Government Code.
Precouncil discussion was held on agenda items and other scheduled items.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS
The Euless City Council continued their meeting in the Council Chambers at 7:00 p.m.
for consideration of scheduled items.
Staff Members Present
Tom Hart, City Manager; Joe Hennig, Assistant City Manager; Bob McFarland, City
Attorney; Susan Crim, City Secretary; Tom Cox, Director of Administrative Services; Bo
Bass, Director of Development; Paul Kruckemeyer, City Engineer; Mike Brown, Police
Sergeant; Joe Foran, Police Sergeant; Steve Eskew, Police Lieutenant; Anicia Wiltshire,
Recreation Secretary; Clyde Cullum, Reserve Police Officer; Diana Ortiz, Director of
Finance;Linda Free, Finance Clerk; Melanie Reese, Communications Supervisor; Cynthia
Boon, Police Dispatcher; Scott Campbell,Administrative Assistant; Jenny Kratz, Municipal
Relations Coordinator; Joe Foran, Police Sergeant; Shelly Bird, Assistant to the City
Secretary.
Visitors
Barbara Lucas, Jim & LaVerle White, Libby Miller, Paula Hoepper, Geri Donworth, Lou
Baum, Vicky Baum, Clint Brown, Lisa Free, Aja Wiltshire, Billy Owens, Jack Hill, Janice
Griffin, Diane and Dwayne Wilcox, Kieth Eggers and Della Farris.
PLEDGE OF ALLEGIANCE
Girl Scout Troop #1500, led the Pledge of Allegiance. Lela Roberts is their troop leader.
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COUNCIL MINUTES OCTOBER 10, 1996 PAGE 2
INVOCATION
Council Member Charlie Miller gave the invocation.
ITEM NO. 1: PRESENTATION OF EMPLOYEE OF THE MONTH
FOR OCTOBER
Mayor Saleh presented a plaque and gift certificate to Cynthia Boon, Police Dispatcher,
as Employee of the Month for October. Ms. Boon introduced her husband, Paul.
ITEM NO. 2: PRESENTATION OF EMPLOYEE SERVICE PIN
Mayor Saleh presented Linda Free, Finance Clerk, with her 15 year pin. Linda introduced
her daughter, Lisa.
ITEM NO. 3: SPECIAL PRESENTATION FROM CITIZEN GROUP
Lou Baum, a graduate of the Citizens Police Academy asked Sergeant Mike Brown to
come forward to be recognized for receiving the Officer Of The Year Award from the
Texas Citizens Police Academy Symposium.Chief McKamie commended Sergeant Brown
for being instrumental in establishing over 50 neighborhood crime watch groups and in
overseeing the National Night Out activities in which over 1,000 Euless citizens
participated this year. Mr. Baum then introduced Sergeant Brown's son, Clint. Geri
Donworth, current Citizens Police Academy Alumni President, read a letter from the
Alumni Association recommending Sergeant Brown receive the Certificate of Achievement
Award for outstanding community service. Mr. Baum then presented Sergeant Brown a
framed copy of the newspaper article regarding his statewide award. Mr. Baum
recognized the members of the fourth class of the Citizens Police Academy who were
present in the meeting to congratulate Sergeant Brown.
ANNOUNCEMENT
Ms. Sandra Blackard, representing the Hurst-Euless-Bedford Independent School District
Council of PTA's, announced a Parent Empowerment Workshop to be held on October
21 and 22 from 6:00 - 9:00 p.m. at the Forrest E. Watson Center, 1100 Raider Drive in
Euless, and explained the purpose of the program.
ITEM NO. 4: PUBLIC HEARING -ZONING CASE 96-23 R. CROWLEY SURVEY
Mayor Saleh opened the public hearing at 7:30 p.m. for a request of Doug Stratton for
Norstar Developments, U.S.A., for a change of zoning on 1.86 acres out of the Richard
Crowley Survey, A-312, from its present zoning of C-2 (Community Business District) to
R-4 (Multi Family Dwelling District - 16 units/acre); located on the southeast corner of
,,�� Fuller-Wiser Road and East Ash Lane.
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 3
‘4"' Director of Development Bo Bass reviewed the request for a zoning change and reported
that the Planning and Zoning Commission has reviewed the request and has
recommended it for approval. Mr. Jack Furlong with Half Associates, Inc., engineers and
surveyors for Norstar Development, stated he was present to speak in favor of the zoning
change and to answer any questions. There being no further proponents and no
opponents, the Public Hearing was closed at 7:32 p.m.
ITEM NO. 5: APPROVAL OF FIRST AND FINAL READING
ORDINANCE NO. 1213
Mayor Pro Tern Baker moved to approve the first and final reading of Ordinance No. 1213
changing the zoning of 1.86 acres out of the Richard Crowley Survey, A-312, from its
present zoning of C-2 (Community Business District)to R-4 (Multi-Family Dwelling District
- 16 units/acre).
Council Member Miller seconded the motion.
Ayes: Council Members Tyson, Hogg, Miller Walker and Edwards,
Mayor Pro Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6: PUBLIC HEARING - ZONING CASE 96-22 TERRELL JASPER
SURVEY
Mayor Saleh called the public hearing to order at 7:33 p.m. for a request of a zoning
change on 27 acres known as Tracts 5A, 5A2, 5A2A and 5A3, Terrell Jasper Survey, A-
861, from its present zoning of Planned Development for Golf Driving Range and
Restaurant (PD #1052) to C-2 and L-I; generally located south of Airport Freeway and
west of Wilshire Drive.
Director of Development Bo Bass reviewed the request and stated that the Planning and
Zoning Commission had reviewed the request and recommended denial of the request.
Attorney Bob West, representing the owner of the western half of the tract of land being
considered, stated his client has his property under contract for sale to Mr. Patel. He
stated they support the zoning application.
Mr. Clark Butler, representing Mr. Patel, distributed a conceptual plan to the Council
Members and requested that the zoning request under consideration be changed to
rezone the entire tract as C-2 (Community Business District).
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 4
N`' Mayor Saleh asked City Attorney Bob McFarland to
give an opinion on Mr. Butler's
request to change the rezoning application during the public hearing.
City Attorney, Bob McFarland, stated the request as he understood it was from an L-1
and C-2 to a total C-2. Mr. McFarland stated that as in the past the council has the
authority, as would Planning and Zoning at that point in time, to amend a zoning
application to a more restrictive use. In other words, had he come in with a request for
C-2 on the tract, and now wanted to amend his application to C-2 and L-1, we would have
advised you that he would need to go back through the application process because the
change in zoning would be a less restrictive use. However, for example, if someone
requested a duplex zoning and during the deliberation of Planning and Zoning and in
response perhaps to concerns agreed to amend the zoning to a more restrictive use,
perhaps R-1 (single family), we historically opined that you have the authority to make
and accept that form of amendment, but not to a lesser restrictive use. So, here, he is
asking for L-1, the C-2 would be a more restrictive use, therefore you could accept that
change, or amendment, to the application without having to go all the way back through
the process. Mr. McFarland added that because the Planning and Zoning Commission
did deny the request, from what he understood or had been advised, is that Planning and
Zoning, at one point in time, suggested only zoning half the property C-2 and denying the
L-1 application and at that point in time the applicant was not able to indicate that was
acceptable, so when that failed, they just moved to deny the whole application. Because
there was a denial of Planning and Zoning, it does, under the Statute and your zoning
code, trigger a approval this evening to require that a super majority (3/4's) or five
affirmative votes. So, whatever action you take tonight to be favorable will require 5
affirmative votes. He is requesting a change, you don't have to accept that change, but
if you want to do so, you can move to approve the zoning change requested by the
applicant for full C-2.
Mr. Butler reviewed the conceptual plan he had distributed and stated they anticipated a
restaurant, some retail businesses, a hotel, an office/medical facility, possibly some type
of assisted living/doctors' building, an office showroom and perhaps an automobile
dealership.
Mr. Westy Young, representing Mr. Patel, stated he is marketing the property and is a
proponent for the rezoning request. He discussed the history of the property and pointed
out the types of development that surround the property under consideration.
There being no other proponents and no opponents, Mayor Saleh closed the public
hearing at 7:47 p.m.
COUNCIL MINUTES OCTOBER 10. 1996 PAGE 5
°"' ITEM NO. 7: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1219
Mayor Pro Tern Baker requested Bo Bass, Director of Development, to indicate on the
drawing what would have been the portion of the property to have been zoned L-1.
Mayor Pro Tern Baker expressed his strong feelings about trying to keep C-2 off the back
side of this Wilshire development. He stated he doesn't have any problem with the
frontage being zoned C-2, but he is concerned about how far back to carry it.
Bo Bass offered a response by stating that in previous Development Review Committee
discussions on this site, they had considered C-1 as a pretty effective buffer between any
C-2 use that would occur adjacent to SH 183.
Council Member Miller asked if the back portion of the property could remain PD in order
for the City Council to know exactly what is planned for development in that area adjacent
to the residential homes and rezone the front portion to C-2.
City Attorney, Bob McFarland, questioned the division of the property stating that the
original request had been for L-1 on the portion of the property to the south and C-2 on
the north. He asked if the dividing line of the current request is the same as the dividing
line of the original application, because if the council moves tonight to zone part of it C-2
and part of it C-1, his question would be what part is C-2 and what part is C-1.
Mr. Butler responded by saying that on the original application they had the line drawn
300 feet to the north of the park. He suggested that because of the objections to the C-2
zoning being adjacent to the Wilshire neighborhood, that the line be drawn parallel with
the north line of the park and make it C-1 and the rest C-2.
Mayor Pro Tern Baker responded by saying he would like to see the C-1 pulled up close
to where the L-1 location had been, following that same line. He stated further that he
was not comfortable having C-2 right up against the park.
Council Member Tyson stated he would like to have the property remain PD and to
require the applicant to come back with a definite plan rather than the conceptual plan
presented tonight.
Mr. Butler responded that it was too difficult to market the property without more specific
zoning in place and that they have already lost sales on this property due to the current
PD zoning
Council Member Tyson stated that the property under consideration has some drainage
problems.
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 6
`"' Mr. Butler stated that they realized that and that they would have to address the drainage,
along with the utilities and streets, before they could sell it.
Council Member Tyson asked if the property was to be sold single site and Mr. Butler
responded yes. Mr. Tyson stated that is the reason he would like to see it remain PD.
Mr. Butler stated that the drainage that needed to be done is estimated to be
approximately $600,000. Council Member Tyson asked when they expected to do that.
Mr. Butler said they are currently working on plans for the portion of the property where
the drainage originates and that they would be working on the drainage immediately.
Council Member Tyson asked when they would be working on the north/south drainage.
Mr. Butler stated they are starting the process immediately to get it engineered and
approved.
City Attorney McFarland asked if the applicant plans to do a comprehensive engineering
and drainage plan for the entire 27 acres. Mr. Butler stated that they would have to
before they sell any portion of the property, and they also would have to do the water,
sewer and streets. He further commented that while they might not have all of the
drainage completed before they sold any portion of the property, they would have the
drainage taken care of in that portion of the property where they might sell any site. He
•10, said the majority of the drainage needs would be handled immediately and the remaining
needs within six months.
Mayor Pro Tern Baker pointed out to the applicant that even if C-2 zoning is granted at
this time, they would have to come back to the City for approval of specific use permits
on many types of development with that C-2 zoning. Mr. Baker further pointed out that
the City Manager's Office, Economic Development Office or even Council Members would
be willing to work with the applicant and any prospective buyer he might have to discuss
the zoning possibilities available, because the City does not want to miss any opportunity
to get the property developed.
Council Member Miller asked about tabling the item for rezoning of this area until the next
City Council meeting without it going back through the Planning and Zoning Commission.
He stated he is not comfortable with C-2 zoning and he would like to see them come back
with metes and bounds.
Mayor Pro Tern Baker stated that if the entire property is zoned C-1, front to back, it
doesn't matter if it's a car lot or what, it still has to come back to the City for approval.
At the same time it would remove the burden of the PD zoning for the property owner and
would allow him to do a lot of different kinds of development that he cannot do at this
time, and it gives the City latitude to be careful with how this last piece of property along
SH 183 is developed.
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 7
't`` Council Member Baker moved to rezone the entire property under consideration to C-1.
Council Member Walker seconded the motion.
Council Member Tyson stated he is still concerned about the drainage on this piece of
property, because the area to the west is not within the applicant's control, and the City
might still have a problem with the drainage. He said he is not in favor of this motion
without some type of planned development. City Engineer Paul Kruckemeyer assured the
Council that the developer is going to have to do the drainage channel at the time of the
initial development on the property. Mr. Kruckemeyer stated there is one channel from
the northeast to the southwest corner and there is one that runs due north and south. He
said he did not believe they could control the flow going downstream without doing the
required improvements in both channels.
Ayes: Council Members Tyson, Walker, Hogg, Miller and Edwards, Mayor Pro
Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
,,,�, ITEM NO. 8: PUBLIC HEARING - SPECIFIC USE PERMIT 96-07 TEXAS
STAR ATHLETIC COMPLEX
Mayor Saleh opened the public hearing at 8:34 p.m. for an 18-hole golf course and
athletic complex within an 1-2 and R-1 zoning district located on 200 acres of land out of
the G. W. Couch Survey and A.M. Downing Survey, south and west of SH 10, South
Airport Drive and south of South Pipeline Road.
Assistant City Engineer Andrea Baxter described the area being considered and stated
it has been purchased by the City of Euless and annexed into the City. The proposed
project will have batting cages, baseball, softball, soccer fields, fishing pier, driving range
an 18 hole golf course and a clubhouse facility. All of the items listed as required in the
Specific Use Permit have been satisfied.
There being no other proponents and no opponents, Mayor Saleh closed the public
hearing at 8:37 p.m.
ITEM NO. 9: APPROVAL OF SPECIFIC USE PERMIT - #96-07 TEXAS STAR
ATHLETIC COMPLEX
Council Member Miller moved to approve the Specific Use Permit#96-07 for and 18-hole
golf course and athletic complex within an 1-2 and R-1 zoning district located on 200 acres
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 8
``' of land out of the G. W. Couch Survey and A.M. Downing Survey, south and west of SH
10, South Airport Drive and south of South Pipeline Road.
Council Member Edwards seconded the motion
Ayes: Council Members Tyson, Walker, Hogg, Miller and Edwards, Mayor Pro
Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 10: APPROVAL OF SITE PLAN - #96-08 TEXAS STAR ATHLETIC
COMPLEX
Council Member Hogg motioned to approve the site plan for an 18-hole golf course and
athletic complex within an 1-2 and R-1 zoning district located on 200 acres of land out of
the G. W. Couch Survey and A.M. Downing Survey, south and west of SH 10, South
Airport Drive and south of South Pipeline Road.
Council Member Walker seconded the motion
Ayes: Council Members Tyson, Walker, Hogg, Miller and Edwards, Mayor Pro
Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 11: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1220
Council Member Walker motioned to approve the first and final reading of Ordinance No.
1220 amending Chapter 26 "Emergency Services" of the Code of Ordinances, City of
Euless, Texas, by the addition of a new Article IV, to be entitled "Standard of Care" and
the addition of a new Section 26-150 to be entitled "Standard of Care for Emergency
Action".
Council Member Edwards seconded the motion.
Ayes: Council Members Tyson, Hogg, Walker, Miller and Edwards, Mayor Pro
Tern Baker and Mayor Saleh
,`, Nays: None
COUNCIL MINUTES OCTOBER 10. 1996 PAGE 9
Mayor Saleh declared the motion carried.
ITEM NO. 12: AWARD OF BID NO. 96-31
Council Member Hogg moved to award Bid No. 96-31 for the purchase of three police
pursuit vehicles to Five Star Ford, Hurst, Texas, in the amount of $58,227.
Council Member Miller seconded the motion.
Council Member Walker stated that he would like to see all of the bids that were
received, prior to voting on the award of bid.
Ayes: Council Members Tyson, Hogg, Miller and Edwards, Mayor Pro Tem
Baker and Mayor Saleh
Nays: Walker
Mayor Saleh declared the motion carried.
ITEM NO. 13: APPOINTMENTS OF MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Council Member Miller moved to appoint the following persons to the board or
commission indicated for the term as shown:
PLACE APPOINTEE TERM TO EXPIRE
Civil Service Commission
Place 1 Marland Ernest 12-31-99
Alternate #1 Jud Park 12-31-97
Alternate #2 Albert Simmenroth 12-31-97
Alternate #3 Karen Rinehart 12-31-97
Community Advisory Board
Place 1 Helen Lightbody 12-31-97
Place 2 Gary Waldron, Chairman 12-31-98
Place 3 Kirk McBurnett 12-31-98
Place 4 Lynne Moffatt, Vice Chair 12-31-98
Place 5 Stacy Smith 12-31-98
Place 6 Steve Griffin 12-31-98
Place 7 Patricia Lemoine 12-31-97
,,� Place 8 David McTee 12-31-97
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 10
�" Place 10 Roberto Hernandez 12-31-97
Alternate #1 Tong Ba Nguyen 12-31-97
Alternate #2 Darin Davis 12-31-97
Economic Development Advisory Board
Place 1 Carl Bright 12-31-98
Place 2 Robert Baker 12-31-98
Place 3 Thomas Jenkins 12-31-98
Place 4 Alex Wong 12-31-98
Place 9 Pat Fry, Vice Chairman 12-31-98
Gary Green was appointed Chairman.
Historical Preservation Committee
Troy Fuller was appointed to the committee as Chairman.
Industrial Development Authority
Place 1 Mary Lib Saleh, President 12-31-98
Place 2 Glenn Walker 12-31-98
Place 3 Bobby Baker, Secretary 12-31-98
Place 4 Leon Hogg 12-31-98
Place 6 Helen Lightbody 12-31-98
Place 7 Harold Samuels 12-31-98
Library Board
Place 4 Wes Scott 12-31-98
Place 5 Alice Ernest 12-31-98
Place 6 Liz Schoonover 12-31-98
Alternate #1 Maxine Wallis 12-31-97
Alternate #2 Bernard Snitz 12-31-97
Parks and Leisure Services Board
Place 1 Eric Owens 12-31-98
Place 4 Jerry Robinson 12-31-98
Place 5 Bruce Ebert 12-31-98
Alternate #1 Carl Miller 12-31-97
Alternate #2 Boyce Byers 12-31-97
Now
COUNCIL MINUTES OCTOBER 10. 1996 PAGE 11
N"' Planning & Zoning Commission
Place 4 Joy Shuler 12-31-98
Place 5 Ron Young 12-31-98
Place 6 Keith Eggers 12-31-98
Place 7 George Zahn 12-31-98
Street Naming
Place 1 Ralph Williamson 12-31-98
Place 2 Ray Kester 12-31-98
Alternate #1 Betty Watson 12-31-97
Zoning Board of Adjustment
Place 3 Roger Bates 12-31-98
Place 4 Bill Williams 12-31-98
Place 5 Eddie Price 12-31-98
Alternate #1 Gene Sloan 12-31-97
Alternate #2 Victor Blood 12-31-97
Council Member Edwards seconded the motion.
Ayes: Council Members Tyson, Walker, Hogg, Miller and Edwards, Mayor
Pro Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14: APPROVAL OF SEPTEMBER 24, 1996 MINUTES
Council Member Walker moved to approve the Minutes of the September 24, 1996
Regular Meeting as presented.
Council Member Hogg seconded the motion.
Ayes: Council Members Tyson, Hogg, Miller and Edwards,
Walker, Mayor Pro Tern Baker and Mayor Saleh
Nays: None
Mayor Saleh declared the motion carried.
r..
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 12
14" ITEM NO. 15: REPORTS
a) City Manager
Tom Hart reported he attended the International City Managers' Association meeting in
Washington, D.C. earlier in the week. Mr. Hart stated he was awarded the L.P.
Cookingham Award that is given to one city manager in the organization each year for
career development. He expressed his pride in the good people who have trained in our
City and have gone to other cities to serve in management.
b) City Attorney
Bob McFarland stated that his office will be checking the zoning schedule that Council
Member Miller had tonight, in that it differed from the copy Assistant City Manger Joe
Hennig had.
c) Staff
There was no staff report given.
d) City Council
Council Member Miller congratulated Mike Brown on his award and Tom Hart on his
award. He complimented the Development Department staff and the City Council tonight
on the approval on the C-1 zoning.
Council Member Hogg congratulated everyone that received awards. He commented that
in Mr. Hart's case it was submitted by a group of people that had worked here for him.
Council Member Walker congratulated Cynthia Boon for receiving the employee of the
month award and to Linda Free for her 15 years of service.
Council Member Edwards congratulated Mr. Hart on the award he received at the ICMA
Conference.
Council Member Tyson congratulated everyone for the awards. He commented on Mr.
Hart's award saying it shows why we have so many people coming here to this City and
staying for a long time and that his leadership is something that people like and are
willing to stay here because of that.
Mayor Pro Tem Baker mentioned how people that have been under Tom's leadership
have moved on to accept larger responsibilities and that it does say something good for
the City of Euless. He expressed congratulations to Mr. Hart. Mr. Baker expressed his
*ft, for the C-1 zoning decision tonight.
COUNCIL MINUTES OCTOBER 10, 1996 PAGE 13
``° Mayor Saleh stated it has been a great two weeks for the City of Euless: Mr. Hart's
award, the Clean Cities Award, given to only six cities in the State, and Sergeant Brown's
award. Jenny Kratz, Public Information Officer, also accepted an award for the Mayor's
newsletter in Washington last week. Mayor Saleh reminded everyone that the Grand
Opening for the new Library will be on Sunday, October 13, at 2:00 pm and expressed
thanks to Betty Yarbrough for her hard work on the Grand Opening.
Billy Owens thanked the City Council for recently resurfacing Ector Drive. Mayor Saleh
stated that Pipeline Road has also recently been resurfaced.
Jack Hill reminded the Council Members that there are still many streets in the City that
need to be addressed and that he would like to see the City Council make them a priority.
ITEM NO. 16: ADJOURN
Mayor Saleh adjourned the meeting at 9:01 p.m.
ATTEST: APPROVED:
_416i� , c 4.-11 D-
Susan Crim, CMC/AAE Mary Lib aleh
City Secretary Mayor