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Home My WebLink About1998-10-27 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL OCTOBER 27, 1998 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, October 27, 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, Bobby Baker, Katie Edwards, and Glenn Walker. Closed session was held to discuss real property and staff briefing, as authorized by Sections 551.072 and 551.075, 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 7:05 p.m. for the consideration of scheduled items. Staff Members Present 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 Administration Tom Cox, Director of Finance Loretta Getchell, Fire Chief Lee Koontz, Fire Marshal Michael Logan, Battallion Chief Jack Watson, Fire Captain Wayne Britt, Fire Prevention/Education Officer Franchot Thomas, Police Captain Bob Freeman, Police Corporal Robert Eberling, Police Corporal David Chaney, Library Manager Betty Yarbrough, Assistant Library Manager Sheila Williams, Personnel Manager Ruth Alley, Insurance Manager Tammy Money, Insurance Technician Zella Stierwalt, Library Assistant Tech Services Supervisor Carolyn Hoots, Finance Administrative Secretary Betty Thomas, Public Works Equipment Operator Lloyd Rymer, Circulation Librarian Sue Morrow, Assistant Circulation Librarian Paula McLain, Administrative Assistant Scott Campbell, and Assistant to the City Secretary Becky Null. Visitors Carroll Scott, Kelly Ryan, Zoning Board of Adjustment Member Fred Bowen, Planning and Zoning Commissioners Billy Owens and George Zahn, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE NSW Cub Scout Pack#508 led the Pledge of Allegiance. City Council Minutes Page 2 of 9 October 27, 1998 INVOCATION Dr. Rob Ericson, Emmanuel Presbyterian Church, gave the invocation. ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICES PINS Fire Chief Lee Koontz introduced Fire Captain Wayne Britt, Fire Marshal Michael Logan and his wife Vicki, Fire Battalion Chief Jack Watson and his wife Becky, and Fire Prevention/Education Officer Franchot Thomas and his wife Ann, each receiving their 25-year pin. Director of Administration Tom Cox and Library Manager Betty Yarbrough introduced Assistant Tech Services Supervisor Carolyn Hoots, receiving her 20-year pin. Director of Public Works Randy Byers introduced Equipment Operator Lloyd Rymer and his wife, receiving his 20-year pin. Director of Administration Tom Cox introduced Insurance Technician Zella Stierwalt, receiving her 10-year pin. Director of Finance Loretta Getchell introduced Administrative Secretary Betty Thomas, receiving her 5-year pin. Police Chief Gary McKamie introduced Police Corporal Robert Eberling, receiving his 5-year pin. Chief McKamie noted that Police Corporal Brett Morgan was unable to attend to receive his 5-year pin. Mayor Saleh presented each of the employees with the service pins. ITEM NO. 2 APPOINTMENTS OF BOARD AND COMMISSION MEMBERS Mayor Pro Tern Miller motioned to appoint Council Member Hogg to the Animal Shelter Advisory Board and John Deithloff as Alternate #2 on the Zoning Board of Adjustment. 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. 3 PUBLIC HEARING OF ZONING CHANGE NO. 98-29-ZC - 121 GATEWAY DISTRICT Mayor Saleh opened the public hearing at 7:25 p.m. regarding the rezoning to 121 Gateway District on John H. Havins Survey, Abstract 685, Tracts 1, 1E1, 1 E1 A, 1D1, 1E, 1E2, 2, and 3; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3B, 3C, 4A1, 4A1 A, 4B, 4B1, 4B2, 4C, 5, 6, 6A, 6A1, 6B, 6B1, 6B 1 A, and 6B2; BBB & CRR Survey, Abstract 204, Tracts 4B2B, 4B5, 5, and 5D; Bryant Harrington Survey, Abstract 808, Tracts 2, 2B, 2C, 3, 3B, 4, 4A, 4B, 5, 5B, 5B1, and 5C; Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 3B, 4, 4A, 4C, 4D, 4E, 4E1, 4F, and 4F1; and Al-Ko Southwest Addition, Block A, Lot 1. City Council Minutes Page 3 of 9 October 27, 1998 Director of Planning & Development Bo Bass stated that this request is for the rezoning of the property along SH 121 to the 121 Gateway District. He noted that the Mansions by the Vineyard and the 7-Eleven property were not included in the 121 Gateway District since they both are new construction that would not conform to the district standards. He stated that staff is recommending that portions of the Univest property and Priest Baze's property be excluded from this rezoning, although the Planning & Zoning Commission recommended that they remain a part of the district. He noted that Univest Property is proposing a park area along with an assisted living facility, and apartments on property that is currently zoned for multi-family, and Mr. Hinckley will be submitting a planned development request on the property in the near future. Mayor Saleh asked for any proponents. Mr. Dale Putrino, 2603 Tallow Drive, spoke in favor of the request, however, he wanted more park area south of the homes along Tallow. Mr. Mark Moore, 2401 Baze Drive, stated he is for the 121 Gateway District and is opposed to more apartments. Mr. Marty Hermann, 517 Anthony Drive, stated he is fundamentally for the 121 Gateway District as proposed. ,` Mr. John Hiser, 2611 Tallow Drive, supported the 121 Gateway District with the Univest and Baze properties being excluded. Mr. Michael Coker, 6390 LBJ Freeway, Dallas, representing Euless Property Investors/Owners Cooperative (EPIC) and Univest Property, voiced his support of the 121 Gateway District with the exclusion of the 32 acres owned by Univest Property. He noted that the property has been zoned for multi-family since 1971. He stated their intentions to develop the property with a 5-acre park area retaining existing trees next to the single family residences, an assisted living area, and apartments to the south. Mr. Mike Grove, 2621 Tallow Drive, stated he was in favor of the 121 Gateway District and the Univest Property proposal. He noted that the Univest Property proposal was a cooperative effort between the developer and the citizens. He questioned Western Rim's motives for not wanting any other apartments along SH 121. Ms. Kim Corbin, 2619 Tallow Drive, stated she was in favor of the 121 Gateway District and the Univest Property proposal. She noted that Mr. Hinckley worked with the homeowners and has agreed with most all of their requests. Mayor Saleh asked for any opponents. City Council Minutes Page 4 of 9 October 27, 1998 Mr. Don Starnes, 4016 Shady Valley Court, Arlington, stated that Dal-Tex, a plastic injection molding company, has filed Chapter 11 bankruptcy. He expressed concern regarding continued future use of the building. He noted that he had someone wanting to use the building for the same use. City Attorney Bob McFarland explained non-conforming use and what determines the termination of non-conforming use. Mr. Marcus Hiles, 2400 SH 121, #107, Euless, with Western Rim and Mansions by the Vineyard, stated he is opposed to any additional apartment zoning along SH 121, but is in agreement with the exclusion of the Baze property. Mr. David Eikelbarnor, 2605 Tallow Drive, supported Mr. Hinckley's plan if more park area is provided at the eastern end of Tallow. Mr. Charles Battista, 13747 Monfort Drive, #330, Dallas, President of Savitz Research Solutions, stated he conducted a poll in which those questioned were opposed to more apartments. He submitted signed petitions against apartments. Mr. Paul Johnson, 2045 N. SH 360, Grand Prairie, working with the Hinckleys, emphasized that the current zoning allows 24 units/acre and that the proposed planned development would reduce the density. He noted that they have met with the homeowners and have complied with their concerns. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:35 p.m. ITEM NO. 4 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1329 In response to Director of Planning & Development Bo Bass' statement that AI- Ko Southwest has withdrawn their protest, City Attorney Bob McFarland noted that a simple majority vote would be needed to approve the request. Council Member Tyson stated that he does not support more apartments, but supports the process. Council Member Baker clarified that the proposal by Univest Property is going through the planned development process, but has not been approved yet. Council Member Edwards motioned to approve the first and final reading of Ordinance No. 1329, as amended, regarding the rezoning to 121 Gateway District on John H. Havins Survey, Abstract 685, Tracts 1, 1E1, 1 E1 A, 1D1, 1E, 1E2, 2, and 3; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3B, 3C, 4A1, 4A1A, 4B, 4B1, 4B2, 4C, 5, 6, 6A, 6A1, 6B, 6B1, 6B1A, and 6B2; BBB & CRR Survey, Abstract 204, Tracts 4B2B, 4B5, 5, and 5D; Bryant Harrington Survey, " Abstract 808, Tracts 2B, portion of 3, portion of 3B, 4, 4A, 4B, 5, 5B, 5B1, and 5C; Levy Franklin Survey, Abstract 513, Tracts 2E, portion of 3, 3B, 4, 4A, 4C, City Council Minutes Page 5 of 9 October 27, 1998 portion of 4D, 4E, 4E1, portion of 4F, and portion of 4F1; and Al-Ko Southwest Addition, Block A, Lot 1. The amendments included removing from the ordinance Tracts 2, 2B and 2C and portions of Tracts 3 and 3B, Bryant Harrington Survey, Abstract 808, and portions of Tracts 4D, 4F and 4F1, Levy Franklin Survey, Abstract 513, as shown by metes and bounds description, owned by Univest Property. Also excluded was a portion of Tract 3, Levy Franklin Survey, Abstract 513, owned by Priest Baze, 940 feet on the north/south x 500 feet on the east/west. Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: Mayor Pro Tern Miller Mayor Saleh declared the motion carried. NOTE: Mayor Saleh called for a recess at 8:53 p.m. and the meeting resumed at 9:01 p.m. ITEM NO. 5 PUBLIC HEARING OF SPECIFIC USE PERMIT - NO. 98-31- �, SUP - 501 N. MAIN STREET #106 AND #107 Mayor Saleh opened the public hearing at 9:02 p.m. regarding the request of James Burgoyne, Cornerstone Family Church, for a specific use permit to allow a church expansion in the C-1 (Neighborhood Business) zoning district; located within the Dorris Addition No. 1, Block 1, Lot 1; 501 N. Main Street #106 and #107. Director of Planning & Development Bo Bass stated that Cornerstone Family Church is requesting approval to lease additional space in Midway Crossing Shopping Center for classrooms and a nursery. The Planning & Zoning Commission recommended approval subject to the specific use permit being limited to two years from date of approval, specific to Cornerstone Family Church, and the church continuing to not oppose the sale of alcohol in the restaurants located in the Midway Crossing Shopping Center. Mayor Saleh noted that Jim & Joyce Dotson, 5903 Meadowhill Dr., Colleyville; Gary Carr, 104 Pinion Drive, Euless; and Joe Alberg, 3229 Red Oak Lane, Bedford, were for approval of the request, but did not wish to speak. Mayor Saleh asked for any additional proponents. Mr. Kirk Williams, 5400 Renaissance Tower, 1201 Elm Street, Dallas, representing the applicant, noted that this location is temporary until the church is financially able to purchase property. City Council Minutes Page 6 of 9 October 27,1998 There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 9:08 p.m. ITEM NO. 6 APPROVAL OF SPECIFIC USE PERMIT - NO. 98-31-SUP - 501 N. MAIN STREET#106 AND #107 Council Member Baker motioned to approve Specific Use Permit No. 98-31-SUP requested by James Burgoyne, Cornerstone Family Church, to allow a church expansion in the C-1 (Neighborhood Business) zoning district; located within the Dorris Addition No. 1, Block 1, Lot 1; 501 N. Main Street #106 and #107, subject to being limited to two years from date of approval, specific to Cornerstone Church, and the church continuing the position of not being opposed to alcohol sales by restaurants located in the Midway Crossing Shopping Center. Council Member Walker 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. 7 PUBLIC HEARING OF SPECIFIC USE PERMIT - NO. 98-29- SUP - 251 S. INDUSTRIAL BLVD. Mayor Saleh opened the public hearing at 9:12 p.m. regarding the request of Brian Powell, for a Specific Use Permit to allow a tool rental center at The Home Depot in the C-2 (Community Business) zoning district; Belchase Addition, Block A, Lot 1; 251 S. Industrial Blvd. Director of Planning & Development Bo Bass stated that Home Depot is adding 2,000 sq. ft. on the west side of the building for a tool rental center. He stated that the Planning & Zoning Commission recommended approval with the condition that no outdoor display, sales, or storage occur in the west street yard, and that the City Council consider an exemption for the remainder of the site to permit outdoor display, sales and storage. Mayor Saleh asked for any proponents. Mr. Michael Clark, with Winklemann & Associates, representing Home Depot, stated that the area on the west has been landscaped and that none of the outdoor storage will encroach on the required parking. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 9:15 p.m. City Council Minutes Page 7 of 9 October 27,1998 ITEM NO. 8 APPROVAL OF SPECIFIC USE PERMIT NO. 98-29-SUP - 251 S. INDUSTRIAL BLVD. In response to a question, Mr. David Tanner, Home Depot, stated that the Euless Home Depot is a test site for the trailer sales and there are approximately 10 trailers located outside the building. After additional discussion regarding the trailers, Chris Taylor, Home Depot Store Manager, stated that he is doing away with the trailers within three weeks. Council Member Baker motioned to approve Specific Use Permit No. 98-29-SUP requested by Brian Powell, for a Specific Use Permit to allow a tool rental center at The Home Depot in the C-2 (Community Business District) zoning district; Belchase Addition, Block A, Lot 1; 251 S. Industrial Blvd., subject to the area along the northern boundary south to the first parking spaces not being used for outdoor storage, sales and display; the exclusion of outdoor trailer sales on the premises; the street yard on the western portion of the site not being used for outdoor storage, sales and display; and that the remainder of the site be exempt from the outdoor storage, sales and display regulations of the Unified Development Code. Council Member Edwards seconded the motion. ,o, Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker, and Edwards Nays: None Mayor Saleh declared the motion carried. Deputy City Manager Joe Hennig stated that the Development Review Committee notes indicated there was still unresolved issues on the FEMA floodplain information. Mr. Clark confirmed they were addressing the issue with Assistant Director of Public Works Andrea Baxter. ITEM NO. 9 RENEWAL OF BID NO. 97-23 Council Member Edwards motioned to approve the renewal of Bid No. 97-23 for one year for concrete repairs to Davila Construction, 3325 Panola, Fort Worth, Texas, 76103, at a cost of $3.75/sq. ft. for flatwork and $14.90 a linear foot for curb and gutter. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, and Edwards City Council Minutes Page 8 of 9 October 27, 1998 Nays: Council Member Walker Mayor Saleh declared the motion carried. ITEM NO. 10 RENEWAL OF BID NO. 97-31 Council Member Edwards motioned to approve the renewal of Bid No. 97-31 for an additional one year period to Office Depot Business Services Division, 2220 North Highway 360, Grand Prairie, Texas, 75050, for office supplies. Council Member Baker 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. 11 APPROVAL OF PROPOSAL NO. 98-P-19 Council Member Edwards motioned to approve awarding proposal No. 98-P-19 for audio/visual system for City Council Chambers to AVKM, 3552 Garden Brook Drive, Dallas, Texas, 75234, in amount of$43,651.00. Council Member Walker 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 APPROVAL OF MINUTES Council Member Walker motioned to approve the minutes of the Regular Meeting of October 13, 1998. 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. City Council Minutes Page 9 of 9 October 27, 1998 ITEM NO. 13 REPORTS Mayor Saleh reported that the statue, Stars of Tomorrow, had been installed at the Parks at Texas Star. ITEM NO. 14 ADJOURNMENT The meeting adjourned at 9:45 p.m. APPROVED: Mary Lib aleh Mayor ATTEST: usan Crirn, C. C/AAE City Secretary