HomeMy WebLinkAbout1998-10-13 MINUTES OF A REGULAR MEETING
`O• OF THE
EULESS CITY COUNCIL
OCTOBER 13, 1998
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib
Saleh at 4:20 p.m. on Tuesday, October 13, 1998, in the Administration Building
Downstairs Conference Room. Those present included: Mayor Mary Lib Saleh,
Mayor Pro Tern Charlie Miller and Council Members Carl Tyson, Leon Hogg and
Katie Edwards. Council Members Bobby Baker and Glenn Walker were not
present. Closed session was held to discuss contemplated litigation, real property
and personnel matters, as authorized by Sections 551.071, 551.072 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 7:10
p.m. for the consideration of scheduled items.
Niger Staff Members Present
City Manager Tom Hart, Deputy City Manager Joe Hennig, City Attorney Bob
McFarland, 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, Director of Community Services Rick
Herold, Director of Administration Tom Cox, Fire Chief Lee Koontz, Assistant
Director of Public Works Andrea Baxter, Police Captain Joey Ziemian, City Planner
Carol Griffith, Police Sgt. Mike Brown, Police Administrative Assistant Kim Ross,
Community Services Office Technician Anicia Brown, Administrative Secretary
Linda Lux, Reserve Police Officer Clyde Cullum, Administrative Secretary Diana
Ryan, and Assistant to the City Secretary Becky Null.
Visitors
John Pena, Planning and Zoning Commissioners Billy Owens and George Zahn,
Parks and Leisure Services Board member Richard McNeese, Geri Sorg, Paul
Spain, Kelly Ryan, Diane Smith and other visitors as noted on the visitor's register.
PLEDGE OF ALLEGIANCE
Girl Scout Troop#1500 led the Pledge of Allegiance.
City Council Minutes Page 2 of 11 October 13. 1998
INVOCATION
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Pastor David Freeman, First Assembly of God Church, gave the invocation.
ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR
OCTOBER
Police Chief Gary McKamie introduced Administrative Assistant Kim Ross and
her family, and Mayor Saleh presented her with a plaque for being selected
employee of the month for October.
ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS
Director of Community Services Rick Herold introduced Office Technician Anicia
Brown and her family, and Mayor Saleh presented her with a five-year service
pin.
ITEM NO. 3 APPROVAL OF APPOINTMENTS OF BOARD AND
COMMISSION MEMBERS
Mayor Pro Tem Miller motioned to approve the following Board and Commission
appointments:
BOARD NAME PLACE TERM EXPIRES
Civil Service Mel Shuler Place 2 12/31/01
Commission Larry Beaver Alt. #1 12/31/99
Economic Patricia Fry Place 1 12/31/00
Development Lisa Browning Place 2 12/31/00
Advisory Thomas Jenkins Place 3 & VC 12/31/00
Board Alex Wong Place 4 12/31/00
Gary Green Chairman
Historical Troy Fuller Chairman
Preservation Bill Byers Vice Chair
Industrial Mary Lib Saleh Place 1 12/31/00
Development Glenn Walker Place 2 12/31/00
Authority Bobby Baker Place 3 12/31/00
Leon Hogg Place 4 12/31/00
Helen Lightbody Place 6 12/31/00
Harold Samuels Place 7 12/31/00
Library Board Wes Scott Place 4 12/31/00
Bernard Snitz Place 5 12/31/00
Kathy Grove Place 6 12/31/00
Russell Schoonover Alt. #1 12/31/99
LuAnn Portugal Alt. #2 12/31/99
City Council Minutes Page 3 of 11 October 13. 1998
Parks & Eric Owens Place 1 12/31/00
Leisure Boyce Byers Place 3 12/31/00
Services Carl Miller Place 4 12/31/00
Board Bruce Ebert Place 5 12/31/00
Mike Daniels Alt. #1 12/31/99
Thomas Jenkins Alt. #2 12/31/99
Planning & Richard McNeese Place 4 12/31/00
Zoning Ron Young Place 5 12/31/00
Commission Katherine Houk Place 6 12/31/00
George Zahn Place 7 12/31/00
Street Naming Ralph Williamson Place 1 12/31/00
Zoning Board Victor Blood Place 3 12/31/00
Of Adjustment Bill Williams Place 4 12/31/00
Eddie Price Place 5 12/31/00
Alex Wong Alt. #1 12/31/99
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 4 PUBLIC HEARING FOR RECOVERY OF DEMOLITION COSTS
FOR DRY CLEANING FACILITY AT 704 W. EULESS BLVD.
Mayor Saleh opened the public hearing at 7:25 p.m. for the recovery of
demolition costs for the dry cleaning facility at 704 W. Euless Blvd.
City Manager Tom Hart explained the condemnation procedures for an unsafe
building. He stated that the property owner had been legally notified of the
danger of the structure and had been requested to have the building brought into
compliance with the building code or to demolish it.
There being no proponents or opponents, Mayor Saleh closed the public hearing
at 7:26 p.m.
ITEM NO. 5 ACCEPTANCE OF CORRECTNESS OF CHARGES,
DEMOLITION OF DRY CLEANING FACILITY AT 704 W.
EULESS BLVD.
Council Member Hogg motioned to approve accepting the correctness of charges
for the demolition of the dry cleaning facility at 704 W. Euless Blvd.
City Council Minutes Page 4 of 11 October 13. 1998
Council Member Edwards seconded the motion.
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Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6 CONSIDER WHETHER DEMOLITION CHARGES ARE
PERSONAL OBLIGATION OF PROPERTY OWNER OR
ASSESS AGAINST THE PROPERTY
Mayor Pro Tern Miller motioned approval to assess demolition charges, in the
amount of$3,714.92, against the dry cleaning facility at 704 W. Euless Blvd.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 7 DENIAL OF RESOLUTION NO. 98-1004
Council Member Edwards motioned to deny Resolution No. 98-1004 authorizing
installment payment of demolition assessments against the dry cleaning facility at
704 W. Euless Blvd.
Mayor Pro Tern Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 8 CONFIRMED ASSESSMENT, ORDERING THE ASSESSMENT
TO BE RECORDED ON ASSESSMENT ROLL AND IN THE
OFFICE OF THE COUNTY CLERK
Council Member Edwards motioned to approve the assessment of $3,714.92 on
the dry cleaning facility at 704 W. Euless Blvd. and ordering the assessment to
Near
be recorded on assessment roll and in the Office of the County Clerk.
Council Member Hogg seconded the motion.
City Council Minutes Page 5 of 11 October 13, 1998
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
�•- Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 9 AWARD CHANGE ORDER TO BID NO. 98-13
Council Member Hogg motioned to approve the award of the change order in the
amount of $81,235.00 for the abatement of asbestos in a portion of the Western
Hills Inn to West Excavation Contractors, Inc. of DeSoto, Texas, subject to final
approval of the Texas Department of Health.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
.., ITEM NO. 10 PUBLIC HEARING FOR PLANNED DEVELOPMENT NO. 98-02-
PD - S. TUCKER SURVEY, ABSTRACT 1512
Mayor Saleh opened the public hearing at 7:35 p.m. regarding the request of
Mark McHenry, UDR Western Residential, Inc., changing the zoning from CUD
851 (Community Unit Development for multi-family with varying densities) and C-
2 (Community Business District) into PD (Planned Development for multi-family
with 17.2 units per acre) on Tracts 3A1, 3A2, 3C, and portions of Tracts 4 and 5,
S. Tucker Survey, Abstract 1512.
Director of Planning & Development Bo Bass stated the property is currently
zoned C-2 (Community Business District) and CUD (Community Unit
Development) for multi-family and the request is for PD (Planned Development)
for multi-family. He mentioned that the property has been zoned for multi-family
use since 1968. He noted that the property is heavily wooded and that 56% of
the site will remain open space. The proposed interior landscaping exceeds the
ordinance requirements by double. He also noted that 50% of all parking spaces
will be enclosed. There will be access points off Fuller-Wiser Road and State
Highway 360. Primarily two-story structures will be on the perimeter. The
development plan currently shows a wood fence around the perimeter, but staff
recommends that the plan be amended to reflect a wrought-iron and masonry
fence. He stated that the developer is requesting several deviations from the
ordinance requirements, but in turn, the interior landscaping has been increased
as compensation. The deviations are as follows:
City Council Minutes Page 6 of 11 October 13, 1998
1. Allow street yard parking - the developer is providing an additional 40 ft.
,,,` strip of tree-lined area that will block the view from State Highway 360.
2. Below minimum side-yard setbacks - the developer is trying to save as
many trees as possible.
3. Units per building - Developer is asking for 15.2 units per building, instead
of the maximum of 12, which decreases the number of buildings.
4. Off-street parking - requesting 2 spaces per unit instead of the required
2.28, which frees up over an acre to be used for open space.
5. Nine foot garage opening instead of required ten foot. The front
elevations will be 100% masonry.
Mayor Saleh asked for any proponents.
Mr. Mark McHenry, 3517 High Timber Drive, Grapevine, Senior Development
Manager with UDR Western Residential, Inc., stated they have made every
attempt to provide open space and to preserve existing trees. Sixteen acres out
of the 28 total acreage will be open space. All the buildings along Fuller-Wiser
will be two-story. The apartments will rent between $800 and $1,000. In addition
to access off Fuller-Wiser Road and State Highway 360, future access is
proposed along the southern boundary off Mid-Cities Boulevard., when the
adjacent property to the south develops.
Mayor Saleh asked for any opponents.
Michelle Greenough, 2515 Poppy Lane; Mary McFarland, 512 Tarragon Lane;
Julia Sullivan, 503 Basswood; Brenda Morris, 2511 Poppy Lane; Deena Van
Dyke, 2501 Poppy Lane; and Lugene Bates, 515 Bayberry, all spoke against the
apartments citing increased traffic, increased crime, whether the complex would
be bonded to allow low income residents, and destruction of the wooded area
and the habitat of the many wild animals living there.
There being no additional proponents or opponents, Mayor Saleh closed the
public hearing at 8:12 p.m.
ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1342
In response to earlier questions, Mr. Mark McHenry, UDR Western Residential,
Inc., stated there would be 486 total units, 39% one bedroom, 42% two bedroom,
two bath, and 7 or 8 two bedroom, two bath and a study. He stated that the
apartments will not be government bonded. The apartments will be owned and
managed by the developer. A criminal background check is done on applicants.
`o. Noise attenuation will include such items as double pane, sound resistant
windows. There will be on-site security.
City Council Minutes Page 7 of 11 October 13, 1998
In response to a comment about there not being enough police officers, City
Manager Tom Hart stated that the Council has made a concerted effort to
provide police officers. The national average for police officers is 1 1/2 officers
per 1,000 population. Euless has two officers per 1,000 population. He stated
there will be an effort made to have a radar check at 10:00 p.m. along Fuller-
Wiser Road. He noted that the property has had a multi-family use allowed for
30 years and that multi-family is the least damaging to the landscape. The
developer is working with the city to save as many trees as possible. He stated
that because of the airport, the city has restricted single family east of Fuller-
Wiser Road and allowing only multi-family or commercial. He noted that property
owners have a right to develop their property. He further noted that Euless has
the most stringent multi-family requirements of any city in the area, and the
developer is leaving over half the area as open space. As for fire department
response, Mr. Hart stated that the fire department looks at distance instead of
density. The ambulance response time is 3 1/2 to 4 minutes. Fire Code requires
apartments to have fire sprinklers.
Mayor Pro Tern Miller motioned to approve the first and final reading of
Ordinance No. 1342 for the request of Mark McHenry, UDR Western Residential,
Inc., changing the zoning from CUD 851 (Community Unit Development for multi-
family with varying densities) and C-2 (Community Business District) into PD
(Planned Development for multi-family with 17.2 units per acre) on Tracts 3A1,
3A2, 3C, and portions of Tracts 4 and 5, S. Tucker Survey, Abstract 1512, with
the amendment that a wrought iron and masonry fence be included around the
entire project as shown on the site plan, and the parking lot and fire lanes be
constructed of concrete.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12 PUBLIC HEARING OF SPECIFIC USE PERMIT NO. 98-30-SUP
- UNITED DOMINION (DOMINION AT BEAR CREEK)
Mayor Saleh opened the public hearing at 8:40 p.m. regarding the request of
Mark McHenry, UDR Western Residential, Inc. for a specific use permit to allow a
multi-family residential development of 17.2 units per acre located on Tracts 3A1,
3A2, 3C, and portions of Tracts 4 and 5, S. Tucker Survey, Abstract 1512,
currently in CUD 851 (Community Unit Development for multi-family with varying
densities) and C-2 (Community Business District) zoning district.
Director of Planning & Development Bo Bass stated that all the deviations
requested are to increase the landscape and open space.
City Council Minutes Page 8 of 11 October 13. 1998
Mayor Saleh asked for any opponents.
Julie Sullivan stated that she was disappointed because she felt the Council's
minds were already made up on the decision to approve the request.
Mayor Saleh noted that Brenda Morris, Deena Van Dyke, Michelle Greenough,
Mary McFarland, and Lugene Bates had spoken against the rezoning and would
be listed as opponents to this item.
There being no additional proponents or opponents, Mayor Saleh closed the
public hearing at 8:44 p.m.
ITEM NO. 13 APPROVAL OF SPECIFIC USE PERMIT NO. 98-30-SUP -
UNITED DOMINION (DOMINION AT BEAR CREEK)
Mayor Pro Tern Miller motioned to approve Specific Use Permit No. 98-30-SUP
regarding the request of Mark McHenry, UDR Western Residential, Inc. for a
specific use permit to allow a multi-family residential development of 17.2 units
per acre located on Tracts 3A1, 3A2, 3C, and portions of Tracts 4 and 5, S.
Tucker Survey, Abstract 1512, currently in CUD 851 (Community Unit
Development for multi-family with varying densities) and C-2 (Community
Business District) zoning district, with the amendment that a wrought iron and
masonry fence be included around the entire project as shown on the site plan,
and the parking lot and fire lanes be constructed of concrete.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
City Attorney Bob McFarland stated that the previous item was to rezone the
property from one type of multi-family to another type of multi-family zoning. The
Unified Development Code also requires a specific use permit, in addition, for
multi-family in order to establish conditions.
Mayor Pro Tern Miller stated that he did not want Euless to be known as
Apartment City USA as stated earlier in the meeting; however, the runway
expansion caused plans for that area to change. He noted that the multi-family
requirements have been made more restrictive.
Mayor Saleh noted that the city cannot turn the property into a park because the
city does not own it and cannot afford to buy the property. The developers have
to be allowed to develop their property, and multi-family is believed to be the best
use for the property.
City Council Minutes Page 9 of 11 October 13, 1998
ITEM NO. 14 PUBLIC HEARING OF AMORTIZATION OF UDC NO. 98-08-
UDC - "NON CONFORMING USES AND STRUCTURES"
Mayor Saleh opened the public hearing at 8:50 p.m. regarding the amendment of
Chapter 84 "Unified Development Code" to provide for the termination of non-
conforming uses and structures by the Zoning Board of Adjustment through a
plan of amortization by the addition of a new Section 84-59.
City Attorney Bob McFarland stated that certain issues have been raised in
regard to this item with possible revisions being needed and recommended that
the next item be tabled for further discussion. The ordinance is designed to
provide a procedure in conformance with the requirements the courts have
established to amortize or set a specific time period in which non-conforming
uses must come into compliance or terminate.
There being no additional discussion, Mayor Saleh closed the public hearing at
8:52 p.m.
ITEM NO. 15 TABLED ORDINANCE NO. 1341
Council Member Tyson motioned to table Ordinance No. 1341 to a future date,
amending Chapter 84 "Unified Development Code" to provide for the termination
of non-conforming uses and structures by the Zoning Board of Adjustment
through a plan of amortization by the addition of a new Section 84-59.
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 16 APPROVAL OF RESOLUTION NO. 98-1005
Council Member Hogg motioned to approve Resolution No. 98-1005 declaring
public necessity for the acquisition of real estate required for the construction and
maintenance of channel improvements to Sulphur Branch and declaring said
improvements to be a public use for a public purpose.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
City Council Minutes Page 10 of 11 October 13, 1998
ITEM NO. 17 AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE THE
PURCHASE OF APPROXIMATELY 10.7 ACRES OF
PROPERTY
Council Member Tyson motioned to authorize the City Manager to negotiate the
purchase of approximately 10.7 acres of property south of S.H. 10, east of Bell
Spur Drive in Fort Worth, Texas.
Mayor Pro Tem Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 18 PUBLIC HEARING FOR AMENDMENT TO UDC NO. 98-06-
UDC - "OFF STREET PARKING"
Mayor Saleh opened the public hearing at 8:56 p.m. regarding the amendment of
Chapter 84 "Unified Development Code", Article V, "Off Street Parking, Loading
and Driveway Standards," and Section 84-201, "Off Street Parking," of the Code
of Ordinances to modify paving standards.
Director of Public Works Randy Byers stated that an ordinance has been
prepared and recommended for approval by the Planning & Zoning Commission
increasing the parking lot and driveway standards, with all single family
residential being exempt. During discussion at precouncil it was decided that
more work needs to be done on the ordinance and he requested the ordinance
be tabled.
Deputy City Manager Hennig recommended that the ordinance go back to the
Planning & Zoning Commission due to the concerns arising after their
consideration.
ITEM NO. 19 TABLED ORDINANCE NO. 1339
Council Member Edwards motioned to table Ordinance No. 1339 amending
Chapter 84 "Unified Development Code", Article V, "Off Street Parking, Loading
and Driveway Standards," and Section 84-201, "Off Street Parking," of the Code
of Ordinances to modify paving standards, to allow further review by staff and
reconsideration by Planning & Zoning Commission.
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and
Edwards
City Council Minutes Page 11 of 11 October 13, 1998
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 20 APPROVAL OF MINUTES
Council Member Edwards motioned to approve the minutes of the Special Called
Meeting of September 15, 1998, the Regular Meeting of September 22, 1998,
and the Special Called Meeting of October 6, 1998.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, and
Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 21 REPORTS
Mayor Saleh reported that Police Sgt. Mike Brown announced that Euless has
won an award for National Night Out.
ITEM NO. 22 ADJOURNMENT
The meeting adjourned at 9:05 p.m.
APPROVED:
Mary Lib Saleh
Mayor
ATTEST:
FA
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City Secreta