HomeMy WebLinkAbout1998-06-09 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
JUNE 9, 1998
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib
Saleh at 4:30 p.m. on Tuesday, June 9, 1998, in the downstairs Administration
Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor
Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg, Bobby
Baker, Glenn Walker, and Katie Edwards.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS -COUNCIL CHAMBERS
Mayor Saleh asked City Attorney Bob McFarland to explain the procedure for the
meeting tonight.
City Attorney Bob McFarland stated that there are four items on the agenda that
have created interest this evening; Item 5, which is a public hearing to consider
adoption of an ordinance establishing a 121 zoning district within the zoning code of
the city; Item 6 would be consideration of amending the zoning code to allow for a
ti .. 121 zoning district; Item 7 is a public hearing to consider actual rezoning of certain
properties within the city to the 121 zoning district should that ordinance pass; and
Item 8 is consideration of the ordinance actually changing the zoning district for
those properties. In working with staff, it was determined that there was a technical
problem in the notifications that were given with respect to the rezoning of certain
properties to the 121 zoning district. As a result, that rezoning initiative will have to
start over, so Items 7 and 8 will not be considered tonight. New notices will be sent
by the city to all property owners affected and property owners within 200 feet of
any of the properties proposed for rezoning. The Planning & Zoning Commission
will again hold a public hearing with respect to that rezoning, probably the second
meeting in July and then would come back before the City Council in August.
The Euless City Council continued their meeting in the Council Chambers at 7:15
p.m. for the consideration of scheduled items.
Staff Members Present
City Manager Tom Hart, Deputy City Manager Joe Hennig, City Attorney James
Cribbs, City Secretary Susan Crim, Director of Public Works Randy Byers, Police
Chief Gary McKamie, Director of Planning & Development Bo Bass, City Engineer
Paul Kruckemeyer, Director of Economic Development David Witcher, Fire Chief
Lee Koontz, Police Captain Bob Freeman, Police Captain Rod Davis, Special
Projects Manager Andrea Baxter, City Planner Carol Griffith, Police Patrol Sergeant
City Council Minutes Page 2 of 9 June 9, 1998
Joe Kraft, Engineering Public Works Inspector Charles Belton, Senior
Administrative Assistant Scott Campbell, and Assistant to the City Secretary Becky
Null.
Visitors
Frank Douglass, Kelly Ryan, Art Anderson, Paul Harrington, Diane Smith, Carroll
Scott, Zoning Board of Adjustment member Fred Bowen, Planning and Zoning
Commissioners George Zahn and Keith Eggers, and other visitors as noted on the
visitor's register.
PLEDGE OF ALLEGIANCE
Girl Scout Troop#1532 led the Pledge of Allegiance.
INVOCATION
Rev. Douglas White, Restoration Church, gave the invocation.
ITEM NO. 1 EMPLOYEE OF THE MONTH FOR JUNE 1998
Police Chief Gary McKamie introduced Patrol Sergeant Joe Kraft and Mayor
Saleh presented him with a plaque for Employee of the Month for June.
ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS
City Engineer Paul Kruckemeyer introduced Engineering Public Works Inspector
Charles Belton and Mayor Saleh presented him with a 10-year service pin.
ITEM NO. 3 APPROVAL OF BID NO. 98-13
Mayor Saleh recognized Mr. Robert Laffoon, Arlington.
Mr. Robert Laffoon, 5105 Bridgewater Dr., Arlington, stated that he is with Entact,
one of the companies who bid on Bid No. 98-13. He stated the low bidder is not
an environmental company and that possibly not all the environmental issues
were considered. He asked the Council to consider tabling this item to allow
further evaluation before awarding the bid. He stated the low bid was more than
60% less than the other bids from established environmental companies.
After additional discussion, Mayor Pro Tern Miller motioned to approve awarding
Bid No. 98-13 regarding the demolition contract for Western Hills Inn to West
Excavation Contractors, Inc., of DeSoto, Texas, in the amount of $386,440.00,
subject to the satisfactory execution of performance and payment bonds by a
rated company with the issues of pollution, property and bodily damage being
addressed and the city's risk management office reviewing the insurance
`" certificates.
City Council Minutes Page 3 of 9 June 9, 1998
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, and Walker
Nays: Council Member Edwards
Mayor Saleh declared the motion carried.
ITEM NO. 4 APPROVAL OF INTERLOCAL AGREEMENT
Council Member Baker motioned to approve the Interlocal Agreement with
Tarrant County, Precinct 3, for overlay of North Main Street from Harwood Road
to the Bear Creek bridge. The county will provide labor and equipment and the
City will pay approximately $80,000.00 for materials.
Council Member Walker 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. 5 PUBLIC HEARING TO AMEND THE UNIFIED DEVELOPMENT
CODE, CHAPTER 84 OF THE CODE OF ORDINANCES BY
CREATING A NEW ZONING DISTRICT, 121 GATEWAY
DISTRICT
Mayor Saleh opened the public hearing at 7:40 p.m. regarding the amendments
to Chapter 84 "Unified Development Code" of the Code of Ordinances by the
addition of Section 84-116 creating the "121 Gateway District" and amending
Section 84-84, "Permitted Use Tables". She asked Director of Planning &
Development Bo Bass to explain the amendment to the Unified Development
Code.
Director of Planning & Development Bo Bass stated the approval of the 1997
Comprehensive Land Plan necessitated bringing the zoning into conformance
with the plan. The 121 Gateway District was developed at the time the plan was
approved and this amendment creates the district in the Unified Development
Code. He stated that the proposed uses include single family, townhomes,
offices, commercial uses, hotel/motels; however, multi-family is excluded. He
noted that the district provides for increased setback requirements, increased
landscape requirements, utility device standards, residential proximity slope, and
City Council Minutes Page 4 of 9 June 9, 1998
increased masonry requirements, as well as other positive requirements. Mr.
Bass noted that staff has recommended additions to the ordinance as follows:
1. Page 2, #4, Minimum Side Yard — add 15 feet from non-residential
2. Page 3, #5, Add Non-Residential — equal to height of structure
within 100 feet of residentially zoned or used property (minimum of
15 feet)
3. Page 5, #d, Plus (2) Two Design Standards — delete Existing
Understory Preservation
4. Page 7, #h, Parking Lot Design — Driveway separation along SH
121 shall be a minimum of 1,000 feet
Mayor Saleh called for a ten minute recess at 8:25 p.m. The meeting resumed at
8:35 p.m. and Mayor Saleh noted that proponents would be heard first and then
the opponents.
Proponents
Mr. Kennerh R. Mitchell, Paramount Land, 3839 Shady Hill, Dallas, representing
the Baze family, stated that in order to alleviate some of the homeowners fears,
,owy he would like to state that it has always been their intention to develop single
family on the eastern boundary next to the existing single family. He noted that
the western portion of the property with the power lines is not suitable for single
family. He stated that the Baze family is willing to provide a buffer zone of 200 —
300 feet adjoining the single family to the east where the property would be
developed only as single family.
Mr. Michael Coker, EPIC Group, 6350 LBJ Freeway, #257, Dallas, stated he
appreciated the effort that the staff and Planning & Zoning Commission has put
into the creation of the district with two exceptions. He requested that there be
consideration of multi-family with a specific use permit. He stated the EPIC
Group would not consider multi-family within 300 feet of the single family. He
noted they are also opposed to the 1,000 driveway separation requirement. He
stated that property owners without driveway access would be required to gain
access to SH 121 across another owner's property. He stated that this is not a
TxDOT requirement. He submitted a signed petition on the two issues.
Mr. Barry Howard, Fairfield Development, requested that multi-family zoning with
a specific use permit be included in the 121 Gateway District and that the 1,000
foot driveway separation be excluded.
City Council Minutes Page 5 of 9 June 9, 1998
Mr. Art Anderson, 5400 Rennaisance Tower, Dallas, stated that the 1,000 ft.
requirement could cause reverse discrimination. He also noted that Carl Smith's
property along Mid-Cities Blvd. was recently involved in a zoning change where it
was left CUD and now they are surprised to see that it was included in the 121
rezoning.
Mr. Glen Hinckley, 12201 Mary Drive, Dallas, requested multi-family zoning be
included and stated he is willing to restrict the property between the power lines
and the existing single family from being used as multi-family. He said the best
use for that property would be assisted living. He also committed to not
constructing Priest Drive on through to SH 121, even though he has already
escrowed the money, if the city is agreeable to give the money back. He
proposed multi-family on the property just north of The Mansions, and stated he
has had a contract to develop it as multi-family for 2 '/2 years. He noted that he
has not been able to get financing for single family.
Opponents
Mr. Richard George, 800 Bent Tree; Mr. Ron Traughber, 2614 Tallow Drive; Mr.
Jerry Peterson, 2602 Hawthorn; Page Graham, 2601 Tallow Drive; Mr. John
Hizer, 2611 Tallow Drive; Ms. Cathy Gonzales, 2620 Tallow Drive; Mr. James
Hanners, 2605 Hawthorn Drive; Mr. Larry Nowell, 2807 Roxboro; Mr. Dennis
Downey, 505 Anthony; Mr. Mike Grove, 2621 Tallow, Mr. Joe Price, 2600 Tallow;
Ms. Kim Corbin, 2619 Tallow Drive; Mr. Jeff Jennings, 511 Anthony Drive; Mr.
Mark Moore, 2401 Baze Drive; Mr. Marty Herrmann, 517 Anthony Drive; Ms.
Carrie Beasley, 2615 Tallow Drive; Ms. Martha Kate Downey, 505 Anthony Drive;
and Kathy Grove, 2621 Tallow Drive, spoke against the amendments to the
Unified Development Code. The majority of the opponents were opposed to
anything other than a greenbelt or single family homes next to their property.
Ms. Ruth Lowery, P. O. Box 200445, Austin, and Mr. Carl Smith, 360 Hall Road,
Collinsville, Texas, questioned why their property along Mid-Cities Blvd. was
included in this request when the Council left it zoned CUD during a zoning
change request in February. They requested that the property be removed from
the 121 Gateway District request.
Sherry & Mark Bird, 2819 Roxboro; Charlotte Beasley, 103 Canterbury; and
Alfonzo Gonzalez, 2620 Tallow Drive, noted they were opposed but did not wish
to speak.
There being no additional proponents or opponents, Mayor Saleh closed the
public hearing at 10:07 p.m.
v..
City Council Minutes Page 6 of 9 June 9, 1998
ITEM NO. 6 TABLING OF FIRST AND FINAL READING OF ORDINANCE NO.
1310
Council Member Baker noted that the existing C-2 zoning is very broad, whereas,
most of the proposed uses in the 121 Gateway District will require a specific use
permit, making it more restrictive.
Council Member Edwards noted that the 121 Gateway District will not designate
specific uses or zoning on specific pieces of property. She stated that staff had
done a great job and that the Council should take into consideration the citizens'
opinions.
Mayor Pro Tern Miller stated there was more good than bad in the proposed
zoning district. He noted that he is not in favor of including multi-family, and that
there are probably some uses that need to be removed from the ordinance as it
is currently written.
Council Member Tyson stated that he was in agreement with the ordinance as
presented with the exception that townhomes should require a specific use
permit.
In response to the citizens desire for a greenbelt area, Director of Planning &
Development Bo Bass stated that the only way to create a greenbelt area is for
the land to be donated or purchased. The property cannot be zoned for
greenbelt area and the property owner cannot be forced to make it such.
After additional discussion, Council Member Edwards motioned to table the first
and final reading of Ordinance No. 1310 amending Chapter 84 "Unified
Development Code" of the Code of Ordinances by the addition of Section 84-116
creating the "121 Gateway District" and amending Section 84-84, "Permitted Use
Tables" until after the August budget worksession in order to establish a
committee consisting of several city council members, staff, and property owners
to review the uses proposed in the ordinance.
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Hogg, Baker,
Walker, and Edwards
Nays: Council Member Tyson
Mayor Saleh declared the motion carried.
City Council Minutes Page 7 of 9 June 9, 1998
Mayor Saleh requested the homeowners appoint five people to serve on the
committee and they would be informed of the date of a meeting to review the
uses proposed in the ordinance.
City Manager Hart expressed his admiration for Director of Planning &
Development Bo Bass and for the work and effort put into this project.
ITEM NO. 7 TABLING OF PUBLIC HEARING OF ZONING CHANGE NO. 98-
29-ZC - 121 GATEWAY DISTRICT
Council Member Baker motioned to table the public hearing regarding the
rezoning to 121 Gateway District on John H. Havins Survey, Abstract 685, Tracts
1, 1E1, 1E1A, 1 D1, 1E, 1E2, 2, 3; Glade Road Southland, Block A, Lot 1; Jesse
Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3A1, 3B, 3C, 4A1, 4A1A, 4B, 4B1,
4B2, 4C, 5, 6, 6A, 6A1, 6B, 6B1, 6B1 A, 6B2; BBB & C RR Survey, Abstract 204,
Tracts 1 A3A, 4B2B, 4B5, 5, 5D; Bryant Harrington Survey, Abstract 808, Tracts
2, 2B, 2C, 3, 3B, 4, 4A, 4B, 5, 5B, 5B1, 5C; Levy Franklin Survey, Abstract 513,
Tracts 2E, 3, 3B, 4, 4A, 4C, 4D, 4E, 4E1, 4F, 4F1; Mansions by the Vineyards,
Block A, Lot 1; Bear Creek Estates, Block 7, Lot 10; Al-Ko Southwest Addition,
Block A, Lot 1.
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. 8 TABLING OF FIRST AND FINAL READING OF ORDINANCE NO.
1329
Council Member Baker motioned to table the first and final reading of Ordinance
No. 1329 regarding the rezoning to 121 Gateway District on John H. Havins
Survey, Abstract 685, Tracts 1, 1E1, 1E1A, 1 D1, 1E, 1E2, 2, 3; Glade Road
Southland, Block A, Lot 1; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A,
3A1, 3B, 3C, 4A1, 4A1A, 4B, 4B1, 4B2, 4C, 5, 6, 6A, 6A1, 6B, 6B1, 6B1 A, 6B2;
BBB & C RR Survey, Abstract 204, Tracts 1A3A, 4B2B, 4B5, 5, 5D; Bryant
Harrington Survey, Abstract 808, Tracts 2, 2B, 2C, 3, 3B, 4, 4A, 4B, 5, 5B, 5B1,
5C; Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 3B, 4, 4A, 4C, 4D, 4E,
4E1, 4F, 4F1; Mansions by the Vineyards, Block A, Lot 1; Bear Creek Estates,
Block 7, Lot 10; Al-Ko Southwest Addition, Block A, Lot 1.
Council Member Edwards seconded the motion.
City Council Minutes Page 8 of 9 June 9, 1998
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. 9 APPROVAL OF MINUTES
Council Member Walker motioned to approve the minutes of the Regular Meeting
of May 26, 1998.
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. 10 REPORTS
.. Staff Report
There was no staff report.
City Manager Report
City Manager Hart welcomed City Attorney Bob McFarland back from his trip to
Tibet.
Deputy City Manager Hennig reported on the new voice mail system to go into
effect Thursday.
City Attorney
City Attorney McFarland had nothing to report.
City Council
Mayor Pro Tern Miller stated that the results of tonight's meeting can be a win-
win situation.
Council Member Edwards congratulated Patrol Sergeant Joe Kraft and
Engineering Public Works Inspector Charles Belton.
City Council Minutes Page 9 of 9 June 9, 1998
Mayor Saleh thanked the citizens who attended the meeting and communicated
their wishes to the Council Members.
ITEM NO. 11 ADJOURN
The meeting adjourned at 10:48 p.m.
APPROVED:
add& gt niAdie)
Mary Lib Saleh, Mayor
ATTEST:
• an Crim, C C/AAE, City Secretary