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CITY OF GRAND PRAIRIE
CITY COUNCIL REGULAR SESSION
APRIL 16, 2002
MINUTES
The City Council of the City of Grand Prairie, Texas, met in regular session in the City Council Chambers in City Hall, April 16, 2002, with the following members present:
Charles England, Mayor
Harry Englert, Mayor Pro Tem
Jim Bledsoe, Council Member
Richard Fregoe, Council Member
Ruthe Jackson, Council Member
Teri Jackson, Council Member
Frank Robertson, Council Member
Tony Shotwell, Council Member
Jim Swafford, Council Member
Mayor England called the meeting to order and the Council took the following action in accordance with the official agenda posted April 12, 2002. (Agenda Page ___, Minute Book)
I.
CALL TO ORDER
Mayor England called the meeting to order at 6:35 p.m.
Pastor Wesley Magruder, Trailwood United Methodist Church, could not be present because of inclement weather. Council Member Ruthe Jackson gave the invocation. Council Member Teri Jackson led the Pledge of Allegiance to the U.S. Flag and the Salute to the Texas Flag.
II.
PRESENTATIONS
City Manager Tom Hart thanked Cami McKillop, April Employee of the Month, for the great job she does for the city and presented her with a city shirt and a plaque.
Council Member Bledsoe read the Day of Prayer proclamation which Mayor England presented to Father Joseph Mazaika, President of the Grand Prairie Ministers Association.
Council Member Ruthe Jackson read the Arbor Day proclamation which Mayor England presented to Martha Wright, Chairperson of the Park Board. Parks and Recreation Director Mark Eynatten invited everyone to attend the city’s Arbor Day Celebration on April 26 at GPX Skate Park.
Council Member Tony Shotwell read the Be Kind to Animals Week proclamation which Mayor England presented to the Animal Services employees.
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III.
CONSENT AGENDA
Council Member Tony Shotwell asked to have Item 3 (Property Tax Exemptions for Recreational Travel Trailers and Service Organizations) removed from the Consent Agenda for individual consideration.
Council Member Ruthe Jackson moved, seconded by Council Member Robertson, to approve Items 1, 2 and 4 through 16 on the Consent Agenda as presented.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
The motion carried unanimously as follows:
ITEM III-1
City Council Minutes
Approve City Council Minutes dated April 2, 2002.
ITEM III-2
Infrastructure Improvements at Grand Prairie Landfill
(A)
Approve a contract with L.D. Kemp Excavating, Inc., to construct drainage, road, water line and levee improvements at the landfill at a cost of $549,794.
(B)
Adopt an ordinance transferring and appropriating $138,373 in the Solid Waste Capital Projects.
(C)
Transfer surplus funds in the amount of $179,224 from the Solid Waste Development Fund to the Solid Waste Capital Projects Fund.
ITEM III-4.
E-Commerce Development Contract
Approve a contract with Teleworks, Inc. in the amount of $80,200 for E-Commerce development services plus a contingency in the amount of $3,000.
ITEM III-5.
Contract for Electronic Payment Processing Services
Authorize the City Manager to execute a contract for electronic payment processing services with Lynk Systems, Inc. effective May 1, 2002.
ITEM III-6. Replace Service Center Fuel Pumps
Award a bid to Rykin Pump in the amount of $21,275 for the replacement of fuel pumps at the Service Center to be paid from the Equipment Services Fund.
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ITEM III-7.
FEMA Grant
Approve a resolution authorizing the City Manager to submit an application for a FEMA Firefighters Grant totaling $274,952.
ITEM III-8. License for Private Use of City Street Right-of-Way
Approval of a license for Vopak USA, Inc., to install and maintain conduits and lines under Great Southwest Parkway street right-of-way located just south of Avenue R.
ITEM III-9. Easement Abandonment
Adopt an ordinance to abandon a portion of a 15-foot wide utility easement located on Lot 1, Block 1, of the Pruitt Industrial Park Addition in exchange for a needed utility easement.
ITEM III-10. 2001 Inflow Infiltration Repairs for Various Locations
Approve a contract with Insituform Technologies, Inc., in the amount of $551,460 for Inflow Infiltration Repairs at various locations.
ITEM III–11. Rejection of Bids for Radio Equipment Repair Services
Reject bids from various vendors for radio equipment repair services.
ITEM III-12. Emergency Repair of 36” Dallas North Supply Line
Ratify the emergency authorization to the S. J. Louis Company to proceed with the repair of the 36” Dallas North Water Supply Line and adopt an ordinance amending the 2001/2002 Capital Improvements Projects Budget by transferring and appropriating $100,000 from the Unobligated Balance of the Water Capital Projects Fund.
ITEM III-13. Asphalt Street Rehabilitation Project and Price Agreement
Award a bid to Bick’s Construction for street overlay project at a cost of $349,445 and a one-year price agreement with three one-year renewal options for asphalt street rehabilitation at an estimated annual cost of $100,000 with funds available from the Street Maintenance Fund and General Fund.
ITEM III-14. Price Agreement for Water Valves and Fire Hydrants
Award bids to Act Pipe and Supply, Inc., of Dallas, for a two-year price agreement with three one-year renewals, for Water Valves and Fire Hydrants at an estimated cost of $40,000 to be paid from the Water/Wastewater Fund.
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ITEM III-15. Purchase of a Fairway Mower
Award a bid to Professional Turk Products, Inc., for a fairway mower at a cost of $38,997 to be paid from the Lake Parks Operating Fund.
ITEM III-16.
Telecommunication Access Line Rate Adjustment
Approve the proposed increase of 1.15% in telecommunication access line rates.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION
ITEM III-3.
Property Tax Exemptions for Recreational Travel Trailers and Service Organizations
Council Member Shotwell moved, seconded by Council Member Ruthe Jackson, to approve resolutions exempting the following from ad valorem property taxation:
(A)
certain recreational travel trailers;
(B)
property owned by certain services organizations, and;
(C)
property owned by the Hamilton Lodge No. 1031 and the Hunter Lodge No. 1356
(D) property owned by the Livestone Lodge
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
Carried unanimously.
I.
PUBLIC HEARING CONSENT AGENDA
Council Member Swafford moved, seconded by Council Member Fregoe, to close the public hearing and table Items 1 through 6 on the Public Hearing Consent Agenda.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
The motion carried unanimously as follows:
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ITEM IV-1.
CASE NO. Z020302 – ZONING CHANGE – Chase Oaks Apartment Community
Table a request for approval of a zoning change from Light Industrial (LI) to Planned Development for a multi-family project with approximately 14 dwelling units per acre on 9.97 acres containing one lot, located south of West Pioneer Parkway and east of S. Great Southwest Parkway. On April 8, 2002, the Planning and Zoning Commission tabled this case indefinitely.
ITEM IV-2. CASE NO. S020301 – Site Plan – Chase Oaks II Apartment Community
Table a request for approval of a site plan for a multi-family project on 9.97 acres containing one lot with a density of approximately 14 dwlling units per acre. On April 8, 2002 the Planning and Zoning Commission tabled this case indefinitely.
ITEM IV-3.
CASE NO. TA020401 – Text Amendment – Article 9, “Sign Standards” UDC
Table a request for approval of an amendment to the Unified Development Code, Article 9, “Sign Standards.” On April 8, 2002 the Planning and Zoning Commission tabled this case indefinitely.
ITEM IV-4.
CASE NO. TA020402 – Text Amendment – Appendix G: “Sign Standards and Illustrations
Table a request for approval of an amendment to Appendix G, “Sign Standards and Illustrations” of the UDC. On April 8, 2002, the Planning and Zoning Commission tabled this case indefinitely.
ITEM IV-5
CASE NO. Z011102 – ZONING CHANGE
Table a request for a zoning change on 627.78 acres from Agriculture to Planned Development for residential uses, located west of the intersection of Arlington Webb Britton and Seeton Road. On March 11, 2002, the Planning and Zoning Commission recommended approval of this case. Staff recommended that the City Council table this case indefinitely until staff can finalize the associated developer agreement.
ITEM IV-6
CASE NO. M020201 – MASTER THOROUGHFARE PLAN AMENDMENT
Table a request for an alignment modification to the southernmost segments of Grand Peninsula Drive, a designated 4-lane divided principle arterial, and the reclassification of other adjacent thoroughfares located south of Arlington Webb Britton Road, north of Seeton Road and west of Lake Ridge Parkway. On April 8, 2002, the Planning and Zoning Commission recommended approval of this request. Staff recommended that the City Council table this case indefinitely until such a time that staff can finalize the associated developer agreement.
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V.
PUBLIC HEARINGS ON ZONING APPLICATIONS
ITEM V-1.
CASE NO. SU020303 – SPECIFIC USE PERMIT – CEMETERY AND GARDENS
City Planner Kevin Lasher reviewed a request initiated by the City of Grand Prairie for a Specific Use Permit for a cemetery on 22.75 acres of land situated at the southwest corner of Warrior Trail and Beltline Road (FM 1382). On April 8, 2002, the Planning and Zoning Commission recommended approval of this request.
Mr. Lasher stated that the property is zoned PD42 with a condition for a 30-month period in which building permits would have to be achieved. This condition has now expired. Mr. Lasher pointed out zoning on adjacent properties. The cemetery is considered to be a low impact use as far as traffic generation. The City Council would be approving a concept plan in addition to the specific use permit. The cemetery is scheduled to be developed in two phases. The detailed site plan would be reviewed by staff and unless significant changes are made which deviate from the concept plan approved by Council, it would not be brought back before Council.
Mr. Barry Boudreaux, J. Stuart Todd, Inc., from the architectural firm chosen to design the cemetery, reported that 10 acres would be developed in Phase 1. Phase 1 consists of a combination chapel and administration building, a free-standing mausoleum building, a maintenance building, and an 8-acre lake which will serve aesthetic purposes as well as a retention area. The main entrance will be located off Beltline Road. A service entrance/exit off SE 8th would be for employees only. Mr. Boudreaux pointed out the types of fencing that would be built at various places on the perimeter of the property.
Council Member Teri Jackson pointed out that the staff communication indicated the lake would be part of Phase II, while Mr. Boudreaux stated earlier the lake would be built as part of Phase I. Mr. Lasher stated that this was discussed at the Planning and Zoning Commission worksession and it was staff’s intention that the lake would be part of Phase I. After discussion regarding the lack of a masonry fence between the cemetery and the Mountain Creek Townhomes, Mr. Boudreaux agreed that a masonry fence could be erected there.
Council Member Shotwell stated that he thought some input should be gathered from neighbors.
Bill Moist, 1200 Fuller-Wiser #1027, Euless, Texas, stated that he owns property adjacent to the cemetery at SE 8th Street and that he supports the plan and felt the cemetery was a good use of this property.
Mayor England read the names of those not wishing to speak but wanting to register opposition to this item: Mr. and Mrs. Ricardo Contrera, 1001 Nueva Tierra; and Cleveland Antone, Jr., 4524 Paddington Lane.
Council Member Shotwell moved, seconded by Council Member Swafford, to close the public hearing and approve Case No. SU020303 with the concept plan, per staff and Planning and Zoning recommendations.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
Council Member Teri Jackson
Motion carried.
ITEM V-2.
CASE NO. SU020301 – SPECIFIC USE PERMIT – Automobile Sales
Mr. Lasher reviewed a request for approval of a Specific Use Permit for used automobile sales on .53 acres containing one lot, zoned Heavy Industrial, located south of East Jefferson Blvd. and west of West Avenue. Mr. Lasher stated that a wrought iron fence would surround the property and the owner is providing enhanced landscaping at almost twice the amount required and it will be fully irrigated. Mr. Lasher then reviewed zoning of adjacent property. Mr. Lasher stated that staff recommended approval of this case.
Ana Soldevila, 4512 Miami Drive, Plano, Texas, representing the owner, stated that the owner was very anxious to make this business as attractive as possible.
Council Member Shotwell moved, seconded by Council Member Ruthe Jackson, to approve Case No. SU020301, a specific use permit for used automobile sales on .53 acres, located south of East Jefferson Blvd., and west of West Avenue.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
The motion carried unanimously.
ITEM V-3.
CASE NO. SU020302 – SPECIFIC USE PERMIT – Day Care
Mr. Lasher reviewed a request for approval of a Specific Use Permit for a day care within an existing church, zoned Central Business District, and located north of E. Church Street and east of NE 4th Street. On April 8, 2002, the Planning and Zoning Commission approved this request. Originally, the request was to use the second floor for the day care, but staff expressed concerns regarding emergency exits and the plan was changed to the first floor. Mr. Lash indicatd that paved parking will have to be provided. The applicant has agreed to install panic devices and upgraded doors.
Council Member Teri Jackson asked if day care inspections which the city does would include enforcing no usage of 2nd floor. Mr. Lasher replied that it would.
Beverly Green, 3132 Morning Meadow Lane, did not wish to speak, but indicated support of this case. Quashion Green, 402 E. Church Street, represented the applicant and spoke in support of the day care and offered to answer any questions the Council may have.
Council Member Shotwell moved, seconded by Council Member Ruthe Jackson, to close the public hearing and approve Case No. SU020302, according to staff and Planning and Zoning recommendations.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
Motion carried unanimously.
VI.
ITEMS FOR INDIVIDUAL CONSIDERATION
ITEM VI-1.
Tarrant County 9-1-1 District Board of Managers Appointment
Mayor Pro Tem Englert moved, seconded by Council Member Robertson, to approve a resolution reappointing Council Member Richard Fregoe to represent the City of Grand Prairie for a two-year term on the Tarrant County 9-1-1 District Board of Managers, with a term to expire April, 2004.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
None
Motion carried unanimously.
Mayor England thanked Council Member Fregoe for agreeing to serve on this board and for the work he does representing the city on several other boards.
ITEM VI-2.
Amend Operating and Capital Budgets for Purchase of Land for Cemetery
Mayor England stated that the Sports Facility Development Corporation, at their April 15, 2002 meeting, approved a donation of $1,500,000 for the purchase of cemetery land. The remaining balance of approximately $60,000 was to be paid from the interest earning on a CD that the Sports Corporation donated to the city last year to build an animal shelter. Mayor England stated that Deputy City Manger Anna Doll informed him that the interest earnings on that CD were appropriated earlier in the year to different funds because staff did not realize that the Sports Corporation had asked that the interest be kept as part of the funds be used to build the animal shelter. Elizabeth Walley, Finance Director, told Council that the interest earnings on the CD (approximately $32,000) were not enough to cover the difference required for the cemetery property. Ms. Walley indicated that although the interest had been appropriated for different funds, it would be possible to do some reallocations to designate the interest earned to this project and substitute other money from Capital Reserve, but the interest earnings will need to be supplemented.
Council Member Teri Jackson stated that the Sports Corporation did not include in their motion to donate the $1,500,000, any direction to the city as to where funds should come from for the balance of the funds since it is not the Sports Corporation’s place to tell the city where to get the balance of the money.
City Manager Tom Hart stated that staff rounded the amount for the balance up to $100,000 because funds will be needed for design. Council Member Swafford asked that staff provide an accounting to Council as to where the additional $100,000 will be taken.
Council Member Swafford moved, seconded by Council Member Robertson, to adopt an ordinance amending the operating and capital budgets as necessary for the purchase of land for a municipal cemetery and accepting a donation of an amount not to exceed $1,500,000 from the Grand Prairie Sports Facility Development Corporation and depositing and appropriating it in the capital Reserve Fund.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Robertson, Shotwell, Swafford, Mayor Pro Tem Englert and Mayor England
Nays:
Council Member Teri Jackson
Motion carried.
ITEM VI-3.
Board, Commission and other City Council Appointments
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There were no appointments made.
VII.
CITIZENS COMMENTS
Suzette LaGray, 4508 Westbriar Lane, the builder/developer liaison for the Westchester Association Homeowners, addressed the Council regarding Westchester Grove. Ms. LaGray stated that in July 2001, Mr. McKenzie-Smith of the Palladium Group sent a letter to the Westchester Association requesting that the Association support his case for rezoning from retail to single family. The Association did support the request, but asked the developer to save as many trees as possible and he agreed on public record to save as many as he could. Development Director Bill Crolley told Ms. LaGray if the developer went back on his word to let him know. Ms. LaGray distributed a letter to Council dated August 20, 2001, in which the Association reiterated the issues that had been discussed with Mr. McKenzie-Smith. On April 5, 2002, Ms. LaGray called McKenzie-Smith because bulldozing had started and it appeared they were not saving any trees. Ms. LaGray also called Mr. Crolley to inform him of what was happening. On April 8, Mr. Crolley told Ms. LaGray that he would check with the Engineering Department and told her the plat was not final. During the next few days Ms. LaGray tried unsuccessfully to contact Mr. Crolley. On April 11 the bulldozing continued and she was told by the project supervisor, C.W. Dennis, that he had been told by the Palladium Group to cut down all trees. Ms. LaGray questioned how the developer could be clearing the land when the plat was not final. Ms. LaGray said she left a message for Mr. Crolley on Thursday evening (April 11) asking him to find out what was going on and to have the clear-cutting stopped. After leaving additional messages Friday morning (April 12), she received a voice mail from Mr. Crolley after 5:00 p.m. Mr. Crolley said he was not clear as to what McKenzie-Smith’s intentions were. Ms. LaGray stated that McKenzie-Smith should not be allowed to remain unaccountable for his actions. Ms. LaGray showed pictures of the site before and after the clear-cutting.
Mr. Gary LaGray, 4508 Westbriar Lane, stated that city staff did not follow up on the implementation of the plan for the Westchester Grove development so that it was completed as agreed. Mr. LaGray cited the Westchester Eckerd store as another instance. The store was originally designed to be red brick and was started in white brick. The Westchester Homeowners Associated had to call the city to get it stopped and bricked in the color called for in the plan. Other examples cited by Mr. LaBray were improper fencing in Westchester Meadows and Westchester East. After several Westchester residents complained to the city about this, the city stopped issuing building permits. In Westchester Glen, the developer was supposed to save an 80-year old tree in the center of the complex. The city allowed engineering to cut 12’ ditches all around the perimeter of the tree which cut the roots of the tree. Mr. LaGray stated he felt it was city staff’s responsibility to assure citizens that plans would be fulfilled as they are agreed upon by Council and Planning and Zoning. Mr. LaGray stated that to correct the wrongs that Mr. McKenzie-Smith has allowed to take place, the city along with the Westchester Association should meet with him and have him set aside four or five lots and have him landscape this area with large trees and a natural landscape with irrigation to be maintained by the PID. Mr. LaGray also expressed concerns regarding the major developments on the Lake Peninsula area. He LaGray urged staff and council members to make sure that developers are held to the approved plans.
Council Member Tony Shotwell stated that when the tree ordinance was being discussed, he felt that the property owner ought to be able to do what they want with the trees on their property. However, Mr. McKenzie-Smith did tell the Council at their meeting that he would do everything he could to save as many trees as possible.
Council Member Bledsoe stated that in all probability this would be his last meeting because he has decided not to seek another term, and asked to take this opportunity to make some comments. Mr. Bledsoe said the he felt the best park system in the city is in District 6, along with a new fire station, a new library, and some of the best neighborhood associations. He said he was proud to have represented the citizens in District 6 for eight years. Mr. Bledsoe said that staff and Council have cooperated, although they have not necessarily agreed, but have always had the best interest of the city in their sight. Mr. Bledsoe gave his best wishes to the Council and asked them to maintain the integrity of the plans for his District to the best of their ability. Mayor England thanked Council Member Bledsoe and said that he would be missed.
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I.
ADJOURNMENT
After a motion by Council Member Ruthe Jackson, Mayor England adjourned the meeting at 8:00 p.m.
THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AT THEIR REGULAR MEETING ON MAY 7, 2002.
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Catherine E. DiMaggio, City Secretary