HomeMy WebLinkAbout1997-08-26 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
AUGUST 26, 1997
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, August 26, 1997, in the Administration Building Conference
Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Charlie Miller and
Council Members Bobby Baker, Carl Tyson, Leon Hogg, Glenn Walker, and Katie
Edwards. Precouncil discussion was held on agenda items and other scheduled items.
The meeting was convened into closed session at 6:45 p.m. to discuss 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 7:09 p.m.
for consideration of scheduled items.
Staff Members Present
City Manager Tom Hart, Assistant City Manager Joe Hennig, City Attorney Bob
�.,. McFarland, City Secretary Susan Crim, Police Chief Gary McKamie, Director of Economic
Development David Witcher, Director of Support Services Tom Cox, Director of Planning
and Development Bo Bass, City Engineer Paul Kruckemeyer, Deputy Fire Chief Don
Wilson, Battalion Chief John O'Brien, Police Lieutenant Bob Freeman, Fire Lieutenant
Danny Phillips, Fire Prevention/Education Officer Franchot Thomas, Development
Services Manager Kevin Mercer, Administrative Assistant Scott Campbell, Media and
Public Relations Coordinator Jenny Kratz, Assistant to the City Secretary Shelly Bird, Fire
Fighter/Paramedic Darrin Murray, Driver Engineer/Paramedic Kip Smith, Police Reserve
Officer Clyde Cullum.
Visitors
Pastor David Freeman, Carroll Scott, Street Naming committee member Ralph
Williamson, Attorneys John Lynch and Jon McCormick, Concord House Apartment
Manager Lloyd Bryant, Charles Tharp, Evelyn Thomas, and Velma Stewart.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Boy Scout Pack No. 387 and their Troop Leader
Steve Corcoran.
CITY COUNCIL MINUTES AUGUST 26. 1997 PAGE 2
INVOCATION
Pastor David Freeman, Euless First Assembly of God Church, gave the invocation.
ITEM NO. 1 EMPLOYEE OF THE MONTH FOR AUGUST
Employee of the month, Lendell "L.T." Turner was not in attendance due to a commitment
with his children at school. Mr. Turner will be recognized at the September 9, 1997 City
Council Meeting.
ITEM NO. 2 EMPLOYEE SERVICE PIN
Mayor Saleh presented Fire Department Lieutenant Danny Phillips with his 20 year
service pin.
ITEM NO. 3 CONTINUE PUBLIC HEARING FOR ZONING CHANGE 97-27 -
VILLA WEST ADDITION
Mayor Saleh reopened a public hearing at 7:16 p.m. that was continued from the August
12, 1997 City Council Meeting for a request of Concord Summit, Ltd., for the zoning
change from R-5 (Multi-Family Dwelling District) and C-2 (Community Business District)
_ to PD (Planned Development) conforming to C-2 District Standards with SUP (Specific
Use Permit) for apartments.
Director of Development Bo Bass stated that the request for a zoning change from
Concord Summit, Ltd., is for an approximate 13.35 acres of which the front quarter is
zoned C-2 (Community Business District) and the back portion is zoned R-5 (Multi-Family
Dwelling District) and contains an apartment complex that was constructed in 1967 in
compliance with the zoning that existed at that time. The 1997 Comprehensive Land
Development Plan shows this area as commercial in nature and approval of the change
requested would bring the site into compliance with the Comprehensive Land
Development Plan and would allow the applicant to obtain funding to make improvements
to the complex that are required by the City's minimum housing standards.
Attorney John Lynch, 1903 Central Drive, Suite 400, Bedford,Texas, 76021, representing
Concord Summit, LTD., requested that their application for the Planned Development
zoning change be conditioned upon the approval of the Specific Use Permit. Mr. Lynch
explained that the owner of the property applied for a loan to make improvements to the
apartment complex and the lender has required that the zoning be brought into
conformance. He stated the owner is aware the City is requiring standards be improved
at the apartment complex and that lenders who will lend to this level of property
improvements are limited. He said the apartment complex was purchased by the current
owner in the 1980's and that only now has the economy allowed them to seek to make
`.. improvements.
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 3
Mr. Lynch specifically asked the City Council to consider creating a Planned Development
Zoning that is essentially C-2 with a Specific Use Permit that would allow the apartment
buildings to remain for 20 years in the C-2 portion and then be given 3 years for removal
of those buildings. Additionally he requested the portion of the property currently zoned
R-5 be granted a 25-year use period at which time those buildings would be removed.
He stated a provision would be included that if the owner ever abandons the use of any
portion of the property, the Specific Use Permit for that portion would automatically
terminate.
Mr. Lynch stated that the proceeds from the loan the property owner is seeking would be
used to correct the minimum housing violations outlined in a letter from George P.
Bockrath, President for Concord Summit, Ltd., dated July 25, 1997, which are:
1. Deterioration of parking lots and fire lanes;
2. Damage/deteriorated screening fences (perimeter fencing);
3. Numerous deteriorated stairways (primarily at Concord Terrace);
4. Existing damage to exterior siding, trim and facia boards;
5. Any existing roof leaks;
6. Repair/replace any broken/damaged air-conditioning units;
7. Lack of building addresses to identify the existing buildings on the property
(with 8" building numbers and 4" apartment number ranges, both of which
are externally lit for night time visibility);
8. Swimming pool unoperational (rear pool at Concord House);
9. Exterior painting of both complexes, entirely where required; and
10. Repair/replacement of damaged/missing dumpster fences.
Mr. Lynch also listed improvements to be made to the apartment complex that would be
in addition to the minimum housing standard repairs and that would not be completed with
proceeds from the loan the owner is seeking. They would total approximately $50,000
to $70,000 and were as follows:
1. Looped water line;
2. Three additional fire hydrants;
3. Expand fire lanes to include turnarounds;
4. Add and relocate entryways;
5. Park Drive repair;
6. Ground cover, plants and landscaping (Concord Terrace).
Mr. Lynch then listed improvements to be made to the apartment complex that would be
in addition to the minimum housing standard repairs and that would be completed with
proceeds from the loan the owner is seeking. They would total in excess of$365,000 and
were as follows:
1. Pools (Concord House [west pool] and Concord Terrace)
replace plaster, tile, coping
repair/resurface decks
furniture
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 4
ti..
2. Landscaping improvements, regarding trees and plants
3. Refurbish ten vacant units including HVAC, electrical, carpentry, plumbing,
hardware, carpet and appliances
4. Replace 78 air conditioning units
5. Replace carpet in 73 units
6. Appliances: 125 refrigerators, 19 ranges, 27 dishwashers and 47 ceiling fans
7. Window coverings in 146 units
8. Countertops in 78 units
9. Flooring (tile) in 37 units
10. Window screens in 240 units
11. Playgrounds (Concord House and Concord Terrace)
12. Electrical upgrades
13. Rebuild/repair boiler houses (14)
14. Parking areas
Mr. Lynch proposed an "Amendment for SUP Application" as follows:
1. The Property Owner agrees to complete the following improvements
("Improvements"):
a. All of the items set forth in the fetter dated July 25, 1997 from Bockrath &
Associates to the City (Attn: Bo Bass) regarding a list of housing code
improvements.
b. The improvements required to be made pursuant to the Site Plan submitted
by Applicant with this SUP.
2. This SUP shall automatically terminate as to the C-2 portion only(at which time the
apartment use of the C-2 portion of the property shall become a lawful
nonconforming use until the expiration of the Temporary Use Period) only in the
event of the latter to occur of the following: (1) the Improvements are not
substantially completed on or before August 26, 1998, or (2) the Improvements
remain substantially incomplete 30 days after written notice is given by the City to
the Property Owner, at its then current address according to official City tax
records, stating that the Improvements have not been substantially completed.
3. The City's portion as to whether the Improvements are substantially complete shall
be reasonably determined by the City Manager.
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 5
Mr. Lynch then discussed a document, "Proposed Alternatives For the Removal of
Structures" which stated the following:
Satisfaction by Applicant of one of the following alternatives, at the option of
Applicant:
1. Such assurances as may be acceptable to the City Attorney for the removal of
apartment structures from the property at the expiration of the Special Use Permit;
or
2. Execution and delivery of an agreement running with the land in form and
substance which is acceptable to the City Attorney and which contains the
following key provisions:
a. Describe the Property as all of the property covered by the Special Use
Permit.
b. Recite and agree that the Temporary Use Period (as defined in the SUP)
plus three (3) years is more than sufficient time for the Applicant to recover
the full benefit of its investment (both previous and contemplated) in the
Nu,, subject Property.
c. If desired by City Attorney, recite the value of the investment(both previous
and contemplated) of the Applicant in the Property and set out the
amortization schedule for the life of the Temporary Use Period plus three
(3) years.
d. The owner of the Property shall cause to be removed all structures which
do not conform with the then existing zoning (without the SUP)after the end
of the Temporary Use Period plus three (3) years from all portions of the
property.
e. The City and the Applicant agree that after the end of the Temporary Use
Period plus three (3) years on any portion of the Property, the City, at its
election shall be entitled to seek and receive a mandatory injunction
ordering the Owner to remove all structures which do not conform to the
then existing zoning; provided that the Owner of the Property is given forty-
five (45) days prior written notice from the City to remove such structures.
f. In the event, the Owner fails to remove the structures pursuant to
Section d above, the City, at its election, if the Owner of the Property has
not commenced and is not diligently prosecuting the removal of all such
... structures on or before thirty (30) days after written notice from the City, the
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 6
City may undertake to remove all such structures. Then owner of the
Property shall have the obligation to repay the City's cost of removal and
such obligation shall be secured by a lien (which shall be self-perfecting
without further notice) on the property.
g. These agreements shall be covenants running with the land and shall bind
all future owners.
There were no other proponents and no opponents. Mayor Saleh closed the public
hearing at 8:46 p.m. and called for a short recess. The meeting was reconvened at 9:00
p.m.
ITEM NO. 4 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1243
Council Member Hogg asked Director of Development Bo Bass for his estimation of the
cost to refurbish the apartment complex owned by Concord Summit, Ltd., to the minimum
housing standards. Mr. Bass stated that strictly an estimate on his part would be that
approximately $1.2 million would be required to bring the apartment complex into
compliance with the minimum housing standards.
�., Council Member Baker asked Mr. Lynch how much debt is currently outstanding against
the property owned by Concord Summit, Ltd. Mr. Lynch stated that approximately $4.8
million is outstanding and the $1.7 million being sought at this time would bring the total
indebtedness to approximately$6.5 million. Council Member Baker asked Mr. Lynch what
the Tarrant Appraisal District currently lists as the value of the property. Mr. Lloyd Bryant,
the onsite property manager of the apartment complex, stated it is slightly under $3
million.
Council Member Tyson motioned to approve the first and final reading of Ordinance No.
1243, a request of Concord Summit, Ltd., for the zoning change of 13.3554 acres in the
A. J. Huitt Survey from R-5 (Multi-Family Dwelling District) and C-2 (Community Business
District) to PD (Planned Development) conforming to C-2 District Standards, contingent
upon the approval of Specific Use Permit # 97 - 28.
Council Member Baker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Baker,
and Edwards
Nays: Council Members Hogg and Walker
Mayor Saleh declared the motion carried.
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 7
r.. ITEM NO. 5 CONTINUE PUBLIC HEARING FOR SPECIFIC USE PERMIT#97-
28 - VILLA WEST ADDITION
Mayor Saleh reopened a public hearing at 9:39 p.m. that was continued from the August
12, 1997 City Council Meeting for a request of Concord Summit, Ltd., for a Specific Use
Permit for apartments out of the A. J. Huitt Survey, Abstract 684, located at 1001 Villa
Drive.
Attorney John Lynch stated that he had presented all of his information in the previous
public hearing but that he was available for any questions the Council may have.
There being no further proponents and no opponents, Mayor Saleh closed the public
hearing at 9:40 p.m.
ITEM NO. 6 APPROVAL OF SPECIFIC USE PERMIT #97-28 - VILLA WEST
ADDITION
Council Member Tyson asked Director of Development Bo Bass if the parking lot
improvements to the apartment complex would be made to the City's minimum standards.
Mr. Bass stated that the Unified Development Code did not contain minimum
requirements for parking lots but that a developer's engineer would define that
'Nom, requirement.
Council Member Baker requested the City staff look into the necessity of developing
minimum design standards for parking lots of apartment complexes, shopping centers,
etc.
Council Member Baker suggested the owner of the apartment complex consider fencing
the perimeter of the property and making it a gated complex to offer some security to the
tenants.
Council Member Edwards motioned to approve Specific Use Permit#97-28, a request of
Concord Summit, Ltd., for apartments out of the A. J. Huitt Survey, Abstract 684, located
at 1001 Villa Drive, including all provisions set forth in the document entitled "Amendment
for SUP Application", and including all provisions set forth in document entitled
"Improvements In Addition To Minimum Housing Standards Repairs (Not From Loan
Proceeds)", and including completion in substantial compliance of improvements itemized
on the document entitled "Improvements From Loan Proceeds In Addition To Minimum
Housing Standards Repairs", and including all provisions set forth in the document entitled
"Proposed Alternatives For The Removal Of Structures" with the amendment thereto of
items 2. (c), (d) and (e) being changed from three years to two years, and including the
change on the site plan in the grace period for the removal of all structures that do not
conform to be changed from three years to two years, and including the provision that any
repair of casualty losses to be completed within two years of the date of loss.
CITY COUNCIL MINUTES AUGUST 26. 1997 PAGE 8
`"' Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson and
Edwards
Nays: Council Members Hogg, Baker, and Walker
Mayor Saleh declared the motion carried.
City Attorney Bob McFarland stated that the 4-3 vote would require a second
consideration by the City Council at their next regular meeting, because an affirmative
vote of 5 is required for a specific use permit to be approved on a single reading.
Mayor Pro Tern Miller asked if the specific use permit could be brought back to the table
at this meeting if one of those persons casting an affirmative vote requested it be
reconsidered. City Attorney Bob McFarland said it could be motioned for reconsideration
by a council member on the prevailing side. Mayor Pro Tern Miller stated that if the issue
is the fence then perhaps the specific use permit could be approved at this meeting. Mr.
Lynch stated that the applicant would withdraw their request for the zoning and the
specific use permit if fencing and gating are a requirement.
Mayor Saleh directed the City staff to work with the property owner to create a time line
for completion of the minimum housing improvements to begin immediately and to be
completed over the next twelve months.
ITEM NO. 7 REMOVE ITEM FROM THE TABLE
Council Member Edwards motioned to remove from the table Ordinance No. 1236,
amending Subsection (n) "Home Occupations" of section 84-85 "Special Conditions by
Use Type" of Chapter 84, "Unified Development Code" of the City of Euless Code of
Ordinances.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 8 PUBLIC HEARING FOR AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE SUBSECTION (n) "HOME
OCCUPATIONS" OF SECTION 84-85
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 9
Mayor Saleh opened a public hearing at 11:10 p.m. regarding amendments to the Unified
Development Code concerning subsection (n) on "Home Occupations" of Section 84-85
"Special Conditions by Use Type" of Chapter 84, "Unified Development Code" of the City
of Euless Code of Ordinances.
Mayor Saleh called for proponents and Mr. Donald Tharp, 1112 David Drive, Euless,
spoke in favor of the amendments to the "Home Occupations" ordinance.
There being no further proponents and no opponents, Mayor Saleh closed the public
hearing at 11:15 p.m.
ITEM NO. 9 APPROVAL OF THE FIRST AND FINAL READING OF
ORDINANCE NO. 1236
Council Member Baker motioned to approve the first and final reading of Ordinance No.
1236 amending subsection (n) "Home Occupations" of Section 84-85 "Special Conditions
by Use Type" of Chapter 84 "Unified Development Code of Ordinances" of the City of
Euless Code of Ordinances with the amendments to item numbers 7 and 9 and the
deletion of item number 15.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Baker,
Walker, and Edwards
Nays: Council Member Hogg
Mayor Saleh declared the motion carried.
ITEM NO. 10 PUBLIC HEARING FOR AN ADJUSTMENT PERIOD AND THE
TEMPORARY DEFERMENT ON THE FILING OF LAND PLANS,
PLATS, ZONING DISTRICT MAP AMENDMENTS, PLANNED
DEVELOPMENT APPLICATIONS, SPECIFIC USE PERMITS AND
BUILDING PERMITS IN THE CITY OF EULESS
Mayor Saleh opened a public hearing at 11:18 p.m. on proposed Ordinance No. 1244
providing for an adjustment period and the temporary deferment on the filing of land
plans, plats, zoning district map amendments, planned development applications, specific
use permits and building permits in the City of Euless.
Director of Planning and Development Bo Bass stated that the ordinance is a precursor
to the city wide zoning effort that creates a period of deferment of 230 days which allows
"low the City Council the opportunity to review the zoning for the entire City in accordance with
CITY COUNCIL MINUTES AUGUST 26. 1997 PAGE 10
the recent adoption of the 1997 Comprehensive Land Development Plan. This ordinance
also establishes a logical progression of planning efforts on the part of the City of Euless.
There were no proponents or opponents for the public hearing.
Mayor Saleh closed the public hearing at 11:20 p.m.
ITEM NO. 11 APPROVAL OF THE FIRST AND FINAL READING OF
ORDINANCE NO. 1244
Director of Planning and Development Bo Bass explained that while the ordinance defers
the City Council's action on certain development processes for the next 230 days, it also
makes allowance for exceptions and the alleviation of hardship if an applicant requests.
Council Member Tyson motioned to approve the first and final reading of Ordinance No.
1244 providing an adjustment period and the temporary deferment on the filing of land
plans, plats, zoning district map amendments, planned development applications, specific
use permits and building permits in the City of Euless.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12 RESCHEDULE DATE FOR PUBLIC HEARING ON FY '97-98 CITY
OF EULESS OPERATING AND CAPITAL BUDGET
Council Member Edwards motioned to set a date of Tuesday, September 9, 1997 to hold
a public hearing on the FY 97-98 City of Euless Operating and Capital Budget to allow
interested citizens the opportunity to express their opinions concerning items of
expenditure, giving their reasons for wishing to increase or decrease any items of
expense.
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
r..
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 11
Mayor Saleh declared the motion carried.
ITEM NO. 13 RENEW AGREEMENT WITH TARRANT COUNTY FOR THE
BILLING AND COLLECTION OF 1997 PROPERTY TAXES ON
BEHALF OF THE CITY OF EULESS
Council Member Baker motioned to authorize the City Manager to renew an agreement
with Tarrant County for the billing and collection of 1997 property taxes on behalf of the
City of Euless with all rates and fees to remain unchanged from the previous year.
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14 APPROVAL OF MINUTES
Council Member Hogg motioned to approve the minutes of the regular City Council
meeting of August 12, 1997 as presented.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 15 REPORTS
City Manager
Nothing to report.
City Attorney
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 12
Nothing to report.
Staff
There were no staff reports.
City Council
Council Member Katie Edwards congratulated Fire Lieutenant Danny Phillips on his 20
years of service.
Mayor Pro Tern Miller thanked Mr. Tharp and Mr. Scott for attending the Council meeting
and staying for the entire meeting.
ITEM NO. 16 ADJOURN
Mayor Saleh adjourned the meeting at 11:25 p.m.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
Susan Crim, MC, City Secretary