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HomeMy WebLinkAbout1998-06-23 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL JUNE 23, 1998 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Pro Tern Charlie Miller at 4:05 p.m. on Tuesday, June 23, 1998, in the downstairs Administration Building Conference Room. Those present included, Mayor Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg, Bobby Baker, Glenn Walker, and Katie Edwards. Mayor Mary Lib Saleh was absent. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:06 p.m. for the consideration of scheduled items. Staff Members Present Deputy City Manager Joe Hennig, City Attorney Paul Wieneskie, City Secretary Susan Crim, Director of Public Works Randy Byers, Police Chief Gary McKamie, Director of Planning & Development Bo Bass, Director of Economic Development David Witcher, Fire Chief Lee Koontz, Director of Finance Loretta Getchell, Police Captain Harland Westmoreland, Police Sergeant Michael Brown, Police Community Relations Officer Gary Kopecky, Police Corporal Jay Alexander, Fire Lt. Jerry Sutton, Driver Engineer George Buttler, Firefighter Dewey Davidson, Municipal Court Coordinator Teresa Alexander, Building Official Kevin Mercer, Street Maintenance Foreman Jeff Murphy, Ambulance Clerk Lisa Pierce, Volunteer Water Clerk Jane Ericson, Records Secretary Diane Rasor, Reserve Police Officer Clyde Cullum, Senior Administrative Assistant Scott Campbell, and Assistant to the City Secretary Becky Null. Visitors Gary Hill, Tom Hoover, Geri Sorg, Al Patel, Diane Smith, Planning and Zoning Commissioner Billy Owens, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Council Member Carl Tyson led the Pledge of Allegiance. INVOCATION Father Jim Hart, St. Michael Catholic Church, gave the invocation. Now City Council Minutes Page 2 of 10 June 23, 1998 ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Fire Chief Lee Koontz introduced Firefighter II Dewey Davidson who received a 15-year service pin; Police Chief McKamie introduced Police Corporal Jay Alexander who received a 15-year service pin; Director of Public Works Randy Byers introduced Street Maintenance Foreman Jeff Allen Murphy, receiving a 15-year service, and Director of Finance Loretta Getchell introduced Water Office Volunteer Clerk Jane W. Ericson, receiving a 5-year service pin. Mayor Pro Tem Miller presented service pins to the recipients and noted that Captain Darrell Lee Rutledge, 15 years, and Equipment Operator Nathan L. Black, 10 years, were unable to attend to receive their service pins. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Pro Tem Miller presented a proclamation to Police Sgt. Michael Brown proclaiming August 4, as the 15th Annual National Night Out. ITEM NO. 3 PRESENTATION OF PROPOSED BUDGET FOR THE EULESS CRIME CONTROL AND PREVENTION DISTRICT FY '98-99 Police Chief Gary McKamie presented the proposed FY `98-99 budget for the Euless Crime Control and Prevention District, approved by the Crime Control and Prevention District Board earlier. The City Council will consider its approval at their regular meeting on August 11, 1998. CONSENT AGENDA Item Nos. 4 through 11 were approved as follows: ITEM NO. 4 APPROVAL TO RENEW TAX ASSESS/COLLECTION CONTRACT Approval to renew an agreement with Tarrant County for the billing and collection of 1998 property taxes on behalf of the City of Euless. ITEM NO. 5 APPROVAL OF APPOINTMENT OF NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) REPRESENTATIVE Approval of appointment of Betty Fuller as System Representative to the North Texas Regional Library System for a term from 9/1/98 to 8/31/00. ITEM NO. 6 APPROVAL OF BID NO. 98-16 Approval of Bid No. 98-16 awarding the annual jail food bid contract to Scobee Foods, Inc., in the amount of $40,073.95. City Council Minutes Page 3 of 10 June 23, 1998 ITEM NO. 7 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1330 Approval of first and final reading of Ordinance No. 1330, an amendment to Chapter 42 "Health and Sanitation" of the Code of Ordinances, amending Section 42-32 "Permits, Licenses, or Certificates" to create temporary and mobile food service establishment permits. ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1331 Approval of first and final reading of Ordinance No. 1331, an amendment to Chapter 30 "Fees" of the Code of Ordinances, amending Section 30-19 "Food and Food Service Establishments" to establish fees for temporary and mobile food service establishment permits. ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1332 Approval of first and final reading of Ordinance No. 1332, an amendment to Chapter 30 "Fees" of the Code of Ordinances, amending Section 30-39 "Planning and Zoning Fees" to establish fees for administration costs related to the submission of lighting plans. ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1328 Approval of first and final reading of Ordinance No. 1328, an amendment to Ordinance No. 1321, an extension to the Adjustment Ordinance for the proposed 121 Gateway District to October 31, 1998. ITEM NO. 11 APPROVAL OF MINUTES Approval of the minutes of the City Council Special Called Meeting of June 4, 1998, and City Council Regular Meeting of June 9, 1998. Council Member Hogg motioned to approve Consent Agenda Item Nos. 4 through 11. Council Member Edwards seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Pro Tem Miller declared the motion carried. City Council Minutes Page 4 of 10 June 23, 1998 REGULAR AGENDA ITEM NO. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 98-28-SUP — 207 MARTHA STREET Mayor Pro Tern Miller opened the public hearing at 7:25 p.m. regarding the request of Margaret Ballew for a Specific Use Permit to allow a resale shop in the TX-10 (Texas Highway Ten Multi-Use) Zoning District located in the A.J. Huitt Survey, Abstract No. 684, Tract 1 H2, at 207 Martha Street. Director of Planning & Development Bo Bass explained that the request is for a lease space in the strip center just east of Winn-Dixie at 207 Martha. He stated that the Planning & Zoning Commission recommended approval with the stipulation that it be approved for Margaret Ballew only. Staff recommends that no outdoor display, sales or storage be allowed. Mayor Pro Tem Miller asked if there were any proponents. Margaret Ballew, P. O. Box 592, Coppell, Texas, stated she desired to open a resale store to benefit the community and eventually hopes to becme involved with providing vouchers through churches or the WIC program. She noted that the merchandise for sale will come from closeouts, garage sales, and friends. She stated she planned to open for business the first week of July with store hours being 9:00 a.m. to 8:00 p.m. There being no additional proponents or opponents, Mayor Pro Tern Miller closed the public hearing at 7:27 p.m. ITEM NO. 13 APPROVAL OF SPECIFIC USE PERMIT NO. 98-28-SUP — 207 MARTHA STREET Council Member Baker motioned to deny Specific Use Permit No. 98-28-SUP regarding the request of Margaret Ballew to allow a resale shop in the TX-10 (Texas Highway Ten Multi-Use) Zoning District located in the A.J. Huitt Survey, Abstract No. 684, Tract 1H2, at 207 Martha Street. Mayor Pro Tern Miller declared the motion failed due to lack of a second. Council Member Edwards motioned to approve Specific Use Permit No. 98-28-SUP regarding the request of Margaret Ballew to allow a resale shop in the TX-10 (Texas Highway Ten Multi-Use) Zoning District located in the A.J. Huitt Survey, Abstract No. 684, Tract 1 H2, at 207 Martha Street, subject to the following conditions: (1) No outdoor display, sales or storage allowed; (2) The SUP is granted to Margaret Ballew only; and (3) Limited to one year. Council Member Tyson seconded the motion. Ayes: Council Members Tyson, Hogg, Walker, and Edwards Nays: Mayor Pro Tern Miller and Council Member Baker City Council Minutes Page 5 of 10 June 23, 1998 Mayor Pro Tern Miller declared the motion carried. Council Member Hogg stated that he wants staff to look at requiring forms to be signed when items are purchased by the store; similar to pawn shop requirements. ITEM NO. 14 PUBLIC HEARING FOR SPECIAL EXCEPTION NO. 98-28-CC — 310 N. INDUSTRIAL BLVD. Mayor Pro Tern Miller opened the public hearing at 7:40 p.m. regarding the request for a special exception to the masonry requirements by First Baptist Church, 310 N. Industrial Blvd., J.P. Halford Survey, Abstract 711, Tracts 7A4, 7A5, 7A6, 7A7, 7A9, and 9A. Director of Planning & Development Bo Bass explained that the applicant is requesting to use a 100% precast tilt wall concrete surface with an elastomeric coating in lieu of the masonry requirement on a new 120,989 square foot sanctuary. Staff recommends denial because of lack of confidence in the elastomeric material being applied. There is concern about long-term maintenance of the product. Mayor Pro Tern Miller asked for any proponents. Mr. Gary Hill, 1508 Shumac, Bedford, Minister of Administration, First Baptist Church of Euless, distributed renderings of the proposed addition to their facility. He stated they are trying to reproduce a specific architectural style reminiscent of "old Jerusalem". He stated that the elastomeric coating is a very heavy textured paint. Their builder and architect have assured them that it will be applied with the correct installation procedures and has a good life span. He stated the First Baptist Church of Euless has and will continue to bear all risks involved in maintaining its structure and the new facility. There being no additional proponents or opponents, Mayor Pro Tern Miller closed the public hearing at 7:47 p.m. ITEM NO. 15 APPROVAL OF SPECIAL EXCEPTION NO. 98-28-CC — 310 N. INDUSTRIAL BLVD. In response to questions, Mr. Billy Goff, the architect, stated that this product is used in South Florida where there is a lot of moisture. He stated it is not widely used here because of cost. The manufacturer shows a guarantee of five years on labor and material, and manufacture representatives are usually on site when the product is applied to guarantee that it is properly applied. Council Member Walker asked the architect to provide the names of businesses where the product has been used in the Metroplex. Council Member Edwards asked the architect to find out the type of effect the product has with the heat and the Texas sun. City Council Minutes Page 6 of 10 June 23, 1998 Council Member Tyson asked Mr. Gary Hill if he agreed to assume risk if the paint starts to peel. Mr. Hill stated yes. Mayor Pro Tern Miller stated that he wanted to be sure Mr. Hill understands that if the elastomeric coating does not work, the city will have to do their job of enforcing the city codes, and that they would be unable to issue additional waivers to the church, and that the city would have to close down First Baptist Church until the situation was corrected. He asked Mr. Hill if this was his understanding and if he had any objection to it. Mr. Hill stated that the Church would stand behind the product, whatever it takes; if they have to strip the entire facility and put whatever they need to on the building in replacement, they would be willing to do so. Council Member Baker motioned to approve Special Exception No. 98-28-CC for a special exception to the masonry requirements by First Baptist Church, 310 N. Industrial Blvd., J.P. Halford Survey, Abstract 711, Tracts 7A4, 7A5, 7A6, 7A7, 7A9, and 9A. Council Member Walker seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. Deputy City Manager Hennig instructed the applicants to give Building Official Kevin Mercer the information requested by the Council. ITEM NO. 16 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 97-78-SUP — 310 N. INDUSTRIAL BLVD. Mayor Pro Tern Miller opened the public hearing at 8:03 p.m. regarding the request of James Riley, representing First Baptist Church, for a Specific Use Permit to allow a church within the C-2 (Community Business) Zoning District located in the J.P. Halford Survey, Abstract No. 711, Tracts 7A4, 7A5, 7A6, 7A7, 7A9 and 9A. Director of Planning & Development Bo Bass stated that the request is for expansion of an existing use and that the Planning & Zoning Commission recommended approval. He noted that this will bring a non-conforming use into conformance with the Unified Development Code since churches now require specific use permits. Mayor Pro Tern Miller asked for any proponents. Mr. Gary Hill, Minister of Administration, First Baptist Church of Euless, spoke in favor of the request. City Council Minutes Page 7 of 10 June 23, 1998 There being no additional proponents or opponents, Mayor Pro Tern Miller closed the public hearing at 8:05 p.m. ITEM NO. 17 APPROVAL OF SPECIFIC USE PERMIT NO. 97-78-SUP — 310 N. INDUSTRIAL BLVD. Council Member Walker motioned to approve Specific Use Permit No. 97-78-SUP regarding the request of James Riley, representing First Baptist Church, to allow a church within the C-2 (Community Business) Zoning District located in the J.P. Halford Survey, Abstract No. 711, Tracts 7A4, 7A5, 7A6, 7A7, 7A9 and 9A. Council Member Edwards seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 18 APPROVAL OF SITE PLAN NO. 97-77-SP — 310 N. INDUSTRIAL BLVD. ,,`,, Council Member Baker motioned to approve Site Plan No. 97-77-SP for a church sanctuary at First Baptist Church, 310 N. Industrial Blvd., J.P. Halford Survey, Abstract No. 711, Tracts 7A4, 7A5, 7A6, 7A7, 7A9, and 9A, subject to sidewalks being constructed along SH 183 service road to connect Manchester Apartments to the Mobile station, along FM 157, after completion of the road reconstruction, and along Trojan Trail from the Manchester Apartments to FM 157, except for that portion that is currently a parking lot. Council Member Walker seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Pro Tern Miller declared the motion carried. ITEM NO. 19 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 98-01-PD — 1600 BLOCK OF WEST AIRPORT FREEWAY Mayor Pro Tern Miller opened the public hearing at 8:16 p.m. regarding the request of Al Patel for a change of zoning from PD No. 1052 (Planned Development for Golf Driving Range and Restaurant) and C-1 (Neighborhood Business District) into a Planned ``' Development with C-2 (Community Business District) standards and uses, allowing City Council Minutes Page 8 of 10 June 23, 1998 private drives by right, within the Terrell Jasper Survey, Abstract No. 861, Tracts 5A, 5A2 and 5A3. Director of Planning & Development Bo Bass stated that the owner is requesting to rezone the entire property to PD to allow any C-2 use conforming to C-2 design standards. The PD also provides the owner the ability to use private drives to access his development. No specific site plan is attached to this planned development request, but site plans will be considered for approval as the owner secures development contracts. The Council can modify the requirements for this planned development. Staff and the Planning & Zoning Commission recommend approval. Mayor Pro Tern Miller asked if there were any proponents. Mr. Torn Hoover, Hoover-Klein Group, civil engineer and land planner, 1361 W. Euless Blvd., Suite 111, Euless, stated the property consists of seven lots to be developed for commercial and office use. He stated that substantial drainage improvements are being made on the property and some property is being reclaimed with the improvements. Extended Stay America has committed to develop and will soon be submitting a site plan. Mr. Al Patel, 3840 Bellaire Circle, Fort Worth, stated he is the developer of the property. He stated he intends to place an 8 ft. concrete block fence around the property. The property will have its own detention pond which will tie into Wilshire Park. There being no additional proponents, Mayor Pro Tern Miller asked for any opponents. Mr. Pat Kent, 403 Yorkshire, stated he is one-half owner of Lot 3R on Kynette and is concerned with multi-story structures being allowed by C-2. Mr. James Bryan, 203 Wooddale, owner of 1604 Kynette, stated he supported the project, but was concerned about who would be maintaining the easement area along the south side of the subject property. Ms. Ellen Jones, 411 Westcliff, stated she is concerned about what is developed on the other side of Wilshire Park. Ms. Virginia Meyer, 701 Canyon Ridge, stated she is concerned about the holding pond taking part of Wilshire Park. There being no additional proponents or opponents, Mayor Pro Tern Miller closed the public hearing at 8:35 p.m. ITEM NO. 20 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1333 Mayor Pro Tern Miller asked Director of Planning & Development Bo Bass how the park �"' is to be protected. City Council Minutes Page 9 of 10 June 23, 1998 Director of Planning & Development Bo Bass stated that the holding pond will be `„ functional as well as aesthetic. He noted that there will be lights added, restroom facilities provided, and a trail constructed around the pond with a dock and park benches. Council Member Hogg stated he was at the Park Board meeting the night the plan was approved. He noted that the holding pond will be built to Texas Parks and Wildlife specifications and will probably become part of the park. Mr. Tom Hoover stated they will be putting aerators in the pond so it will not become stagnant. He noted that the rain impact will cause less water runoff on Kynette with the pond than without. In response to a question, Deputy City Manager Joe Hennig noted that it would be the city's responsibility to address fencing around the pool area. In response to questions, Director of Planning & Development Bo Bass stated that the easement will be maintained by whoever owns the property that the easement falls on. He also noted that there are larger setbacks and single story requirements within certain distances next to single family. He stated that Mr. Patel has committed to replace a lot of the trees that had to be removed. It was also noted that parking would be to the south of the project next to the residences and the buildings would be more toward the middle of the property. Nftw Council Member Baker motioned to approve the first and final reading of Ordinance No. 1333 regarding the request of Al Patel for a change of zoning from PD No. 1052 (Planned Development for Golf Driving Range and Restaurant) and C-1 (Neighborhood Business District) into a Planned Development with C-2 (Community Business District) standards and uses, allowing private drives by right, within the Terrell Jasper Survey, Abstract No. 861, Tracts 5A, 5A2 and 5A3. Council Member Edwards seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Pro Tem Miller declared the motion carried. ITEM NO. 21 REPORTS Staff Report There was no staff report. City Council Minutes Page 10 of 10 June 23, 1998 City Manager Report Deputy City Manager Hennig stated that the operating budget is looking good and that work is being done on the capital supplemental requests. He noted that Director of Finance Loretta Getchell has been studying financial computer program proposals. City Attorney City Attorney Wieneskie stated he was glad to be at the council meeting. City Council Council Member Edwards congratulated the employees receiving service pins. She thanked the Wilshire residents for coming to the meeting tonight. Council Member Walker pointed out that Ms. Geri Sorg had written a good report in the COPS newsletter. He urged the citizens to come out on August 4th for National Night Out. Council Member Baker stated it was good to see tenured employees receive service pins. Council Member Hogg mentioned his grandson born last weekend weighing 11 1/2 ti.. pounds. Council Member Tyson stated it was especially good to see Jane Ericson receive a 5- year service pin for being a volunteer. He stated that he attended the Fort Worth zoning meeting regarding the area next to Texas Star noting the good presentation by Director of Planning & Development Bo Bass and Deputy City Manager Joe Hennig. He noted consideration has been postponed until July 8th to allow time to work out a compromise. He reported attending the TML Region 8 meeting hosted by Euless at Texas Star. Mayor Pro Tern Miller thanked the Wilshire citizens for their input. He wished everyone a nice July 4th holiday. ITEM NO. 22 ADJOURN The meeting adjourned at 9:05 p.m. APPROVED: Mary Lib h, Mayor ATTEST: Susan Crim, • C/AAE, City Secretary