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CITY OF GRAND PRAIRIE
CITY COUNCIL REGULAR SESSION
MAY 7, 2002
MINUTES
The City Council of the City of Grand Prairie, Texas, met in regular session in the City Council Chambers in City Hall, May 7, 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 May 3, 2002. (Agenda Page ___, Minute Book)
I.
CALL TO ORDER
Mayor England called the meeting to order at 6:40 p.m.
Council Member Ruthe Jackson gave the invocation. Council Member Bledsoe led the Pledge of Allegiance to the U.S. Flag and the Salute to the Texas Flag.
I.
SPECIAL AGENDA ITEMS FOR CONSIDERATION
Mayor England announced that because of an irregularity in the counting of Dallas County early votes, the canvass of the May 4, 2002 Regular and Special Elections, which was originally scheduled for this meeting, did not take place. A Special Meeting to canvass the elections was called for May 10, 2002 at 10:00 a.m. Since the elections could not be canvassed, the administering of oaths of office will take place at the next meeting on May 21, 2002.
III.
PRESENTATIONS
Mayor England announced the kickoff of the “Click It or Ticket” seatbelt enforcement program. Thirteen automobile fatalities occurred in Grand Prairie last year, eleven of which were a result of the occupants not using seatbelts. In an effort to save lives, the Grand Prairie Police Department will begin a program of strict enforcement of the state’s seatbelt laws. City Manager Tom Hart introduced Animal Services employee, Byron Allen, who recently rescued a child who had fallen out of a car at the intersection of I-30 and Beltline Road. He stopped traffic and called 911. This incident should not have happened if the child had been properly restrained. Mr. Hart extended his gratitude to Mr. Allen and expressed his pride in the way he handled this situation.
Police Chief Glen Hill stated that May had been designated as Seat Belt Enforcement Month. Texas leads the nation in auto-related fatalities and Chief Hill said he believed seatbelt enforcement would help to reduce these fatalities. Mr. and Mrs. Wayne Hassler, owners of Chick-fil-A at Carrier Towne Crossing, will be providing gift certificates for a free sandwich to teens who are pulled over by Grand Prairie police officers for wearing a seatbelt. A Teen Safe Driving Program appreciation certificate was presented to Mr. and Mrs. Hassler.
Raymond Dillingham, President, Lockheed Martin, was not present to receive a proclamation for “Management Week.”
Mayor England presented proclamations to Public Works Director Ron McCuller for “National Drinking Water Week” and “National Public Works Week.”
IV.
CONSENT AGENDA
Council Member Robertson asked what Innovative Transportation Solutions (ref: Consent Agenda Item IV-14) would be doing for the city to warrant the expense of $65,000. Transportation Director Rich Larkins replied that the company would be developing briefing documentation for the Transportation Commission on justification of priority frontage road projects and processing interlocal agreements with TXDOT on frontage road and T-21 projects (Lake Ridge Parkway). The firm has expertise in working with the Transportation Commission and has been assisting in developing architectural standards on agreements for the Beltline Overpass as well.
Council Member Ruthe Jackson moved, seconded by Council Member Swafford, to approve Items 1 through 12, (Item #13 void), remove Item #14 for individual consideration, and approve Items 15-18 on the 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:
ITEM IV-1
City Council Minutes
Approve City Council Minutes dated April 16, 2002.
ITEM IV-2
Controlled Access for Police Station
(A)
Authorize the City Manager to sign a contract for the purchase and installation of an entrance controlled access system from Dallas Security Systems (sole source vendor), at a cost of $39,652, plus a 5% contingency in the amount of $1,983, for a total cost of $41,635.
(B)
Adopt an ordinance transferring and appropriating from the unobligated fund balance in the Police Capital Projects Fund.
ITEM IV-3. TXDOT Grant for Occupant Protection Enforcement
Approve a resolution to execute a grant agreement with the Texas Department of Transportation (TXDOT) for enforcement of safety belt and child safety seat laws.
ITEM IV-4. Aviation Fuel
Accept a bid from Avfuel Corporation for a two-year agreement with one optional year extension for the purchase of aviation fuel for resale at the Grand Prairie Municipal Airport.
ITEM IV-5.
Conveyance of Tax Foreclosure Lot to the City
Authorize the conveyance of a tax foreclosure lot at 621 Shady Creek to the City of Grand Prairie for $3,727.03.
ITEM IV-6. Engineering Contract for 36” Dallas North Supply Line Replacement
(A)
Award a not-to-exceed contract in the amount of $46,500 for the design and construction oversight of the 36” Dallas North Supply Line Replacement.
(B)
Adopt an ordinance amending the 2001/2002 Capital Improvements Project Budget by transferring and appropriating $46,500 from the unobligated balance of Water Capital Projects Fund (WTER).
ITEM IV-7. AT&T Option and Lease Agreement
Enter into an Option and Lease Agreement with Metroplex Telephone Company, a Texas General Partnership, d/b/a/ AT&T Wireless, to allow for the construction of a Communication Facility at the Robinson Road Water Storage Tank Site, 1702 West Robinson Road, and installation of Antennas on the Water Storage Tank.
ITEM IV-8. Construction Contract for the Bluegrass Slope Repair
(A)
Award a contract with Doyle Engineering Group, Reed Engineering Group and Craig Olden, Inc. for the Bluegrass Slope Repair Project.
(B)
Adopt an ordinance amending the 2001/2002 Capital Projects Budget by transferring and appropriating $28,444 from the unobligated fund balance in the Storm Drainage Capital Projects Fund.
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ITEM IV-9. Carrier Parkway Right-of-Way Acquisition
Approve a resolution authorizing the acquisition of rights-of-way and easements by eminent domain, if necessary, for the extension of Carrier Parkway from Polo Road to Camp Wisdom Road.
ITEM IV-10. Change Order for Engineering Services for the Alspaugh Branch Drainage Master Plan
(A)
Approve a change order to engineering services contract with Kimley-Horn and Associates, Inc. for engineering services for the Alspaugh Branch Drainage master plan.
(B)
Adopt an ordinance amending the 2001/2002 Capital Improvements Project Budget transferring and appropriating $12,300 from the unobligated fund balance of the Street/Signal Capital Projects Fund.
ITEM IV-11. Developer Contract for Oversize Paving Cost for Cimarron Estates
(A)
Approve a developer contract in the amount of $1,284,805 with Centex Homes, a Nevada general partnership, for oversize street paving improvements for Forum Drive and Waterwood Drive and off-site oversize storm drainage improvements for Cimarron Estates, Phases 3A, 3B and 3C.
(B)
Adopt an ordinance amending the 2001/2002 Capital Improvement Budget by transferring and appropriating $61,445 from available fund balance in the Storm Capital Projects Fund and $313,555 from the appropriate work order to the Street Capital Projects Fund work order, the remaining $909,805 from developer participation in the Street Capital Projects Fund as part of the approved FY 2002 Budget.
ITEM IV-12. Transit Vehicle Replacement Contract
Approve a resolution authorizing the City Manager to enter into a contract with the Texas Department of Transportation (TXDOT) to purchase a transit vehicle under the Capital Investment Program (Section 5309).
ITEM IV-13. VOID AS OF FRIDAY, MAY 3, 2002
ITEM IV-15. TXDOT Local Project Funding Agreement
(A)
Approve a resolution authorizing the City Manager to execute the Local Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Engineering and Design of Lakeridge Parkway from IH-20 to Polo Road.
(B)
Adopt an ordinance amending the 2001/02 Streets Capital Projects Budget by appropriating and transferring $349,403 from the unobligated fund balance in the Streets Capital Projects Fund, to the appropriate work order.
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ITEM IV-16. Tangle Ridge Clubhouse Front Entry Landscape Improvements
Award a construction contract to D & A Irrigation in the amount of $25,200, with a 5% contingency in the amount of $1,260, for a total cost of $26,460 for landscape improvements to the Tangle Ridge Clubhouse front entry, to be funded from a previous appropriation from the Park Capital Project Fund.
ITEM IV-17. Reappointment of Presiding Municipal Judge
Approve a resolution reappointing Judge Nancy Robb as presiding municipal judge for a two-year term.
ITEM IV-18. Replacement/Upgrade of Police and Fire Communications
Authorize the City Manager to sign a contract with SBC Southwestern Bell (State Contract vendor) for the amount of $40,320 per year ($3,360 per month) to replace/upgrade all communication lines currently provided by AT&T due to rate increases with funding available through the General Fund.
ITEMS PULLED FROM CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION
ITEM IV-14.
Engineering Contract to Innovative Transportation Solutions, Inc. for Project Coordination with TXDOT and Dallas County
Council Member Frank Robertson moved, seconded by Council Member Teri Jackson, to table a resolution authorizing the City Manager to execute a contract with Innovative Transportation Solutions, Inc. to provide professional services in an amount not to exceed $65,000 to prepare and process local project funding agreements with TXDOT and Dallas County.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Shotwell, Swafford, and Mayor England
Nays:
Mayor Pro Tem Englert
The motion carried.
V. PUBLIC HEARING CONSENT AGENDA
ITEM V-1.
CASE NO. TA020405 – TRANSPORTATION PLAN AMENDMENT
ARTICLE 23: “MASTER TRANSPORTATION PLAN”
Council Member Bledsoe moved, seconded by Mayor Pro Tem Englert, to close the public hearing and table an amendment to the Master Transportation Plan Article 23, “Master Transportation Plan" of the Unified Development Code (UDC).
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.
VI.
PUBLIC HEARINGS ON ZONING APPLICATIONS
ITEM VI-1.
CASE NO. SU020401
– SPECIFIC USE PERMIT – CHOCTAW ERECTORS, INC.
Planning Director Bill Crolley reviewed a request for approval of a specific use permit for outdoor storage on 3.19 acres containing one lot, zoned Light Industrial (LI), generally located south of Josephine Lane and west of West Gilbert Road. On April 29, 2002 the Planning and Zoning Commission recommended approval of this case with conditions including an improved asphalt surface in outdoor storage areas, by a vote of 7-0. Mr. Crolley stated that staff had concerns about outside storage on gravel because of the dust generated and staff will be bringing an ordinance forward to prohibit this in the future. Mr. Crolley stated that staff recommended approval with the conditions requested by Planning and Zoning and staff.
Mr. Kevin Ball, 3900 Butler Court, Colleyville, TX, owner of property, stated that he recently purchased the property to the south and is working to change the zoning on the recently purchased property to LI. Mr. Ball pointed out that current property owners have storage areas without fences and gravel storage areas. Mr. Ball stated that the main parking areas will be asphalt and concrete and that Josephine is a gravel road. Mr. Ball asked for a variance on the asphalt surface for the outdoor storage areas. Council Member Shotwell stated he would like to see a different kind of fence than chain link on Gilbert Road, but that would need to be addressed with the site plan.
Council Member Ruthe Jackson moved, seconded by Council Member Fregoe, to close the public hearing and approve Case No. SU020401 – Specific Use Permit for Choctaw Erectors, Inc. per 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
The motion carried unanimously.
ITEM VI-2.
CASE NO. SU020402 – SPECIFIC USE PERMIT – PLAYERS GAME ROOM
Planning Director Bill Crolley reviewed a request for approval of a specific use permit for an arcade for four or more amusement devices, zoned General Retail (GR), generally located south of Marshall Street and west of South Carrier Parkway. On April 29, 2002 the Planning and Zoning Commission denied this request by a vote of 7-0. Mr. Crolley recommended tabling indefinitely since an appeal had not been filed.
Mayor Pro Tem Englert moved, seconded by Council Member Robertson, to table Case No. SU020402, a Specific Use Permit for an arcade.
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.
Mayor England asked Mr. Crolley to provide a briefing to Council on amusement devices and the requirements for a specific use permit at the next meeting.
ITEM VI-3. CASE NO. Z020401 – ZONING CHANGE
Mr. Crolley reviewed a request for approval of a zoning change of 0.16 acres from Multi Family - One (MF-1) to Single Family – Six (SF-6), generally located south of Sherman Street and east of SW 21st Street at 2031 Sherman Street. On April 29, 2002 the Planning and Zoning Commission recommended approval of this case by a vote of 7-0.
Council Member Fregoe moved, seconded by Council Member Swafford, to close the public hearing and approve Case No. Z020401.
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 VI-4. CASE NO. Z020402 – ZONING CHANGE
Mr. Crolley reviewed a request for approval of a zoning change of 3.37 acres from Planned Development - 173 (PD-173) for a commercial office use to PD-173 for multi-family uses for an approximate 72 unit expansion to an existing apartment complex. This property is generally located on the northeast corner of Robinson Road & Westchester Parkway. On April 29, 2002 the Planning and Zoning Commission recommended approval of this request with conditions by a vote of 7-0. Mr. Crolley noted that the Planning and Zoning Commission included in their recommendations that the pecan trees in excess of 8-inch caliper should be preserved and incorporated into the site plan design. In discussions with the Homeowners Association representative, staff discussed options for saving as many of these 16 trees as possible. The existing multi-family development has attached garages. The original plan was for detached garages, but staff has recommended attached garages to conform to the existing multi-family development and to match the existing architectural style. However, after much discussion about building attached garages it was determined that this would mean the loss of one of the 16 trees. A PD site plan will have to be brought before the P&Z and Council which would include engineering plans with elevations to determine which trees can be saved. Mr. Crolley recommended that the P&Z recommendation to preserve existing trees in excess of 8-inch caliper be changed to 12-inch caliper and allow staff to work with the applicant during the site planning process to save as many trees as possible when it is evident where utilities will be going and what building elevations will be used.
Cheralyn Armijo of Glenn Engineering, 100 Decker Court, Suite 250, Irving, Texas, requested a zoning change to expand the existing multi-housing project. Ms. Armijo stated that Glenn Engineering is agreeable to building units with attached rather than detached garages. Meetings have been held with the Homeowners Association and realize they have some concerns about the development which Norstar is willing to address at the time of the PD site plan approval.
Council Member Teri Jackson asked for clarification on which trees would be saved according to the revised plan submitted by Glenn Engineering. Ms. Armijo pointed out how buildings would be shifted to save as many trees as possible. She said that the elimination of parking spaces to save trees had been discussed with the Homeowners Association.
Suzette LaGray, 4508 Westbriar Lane, Builder/Developer Liaison for the Westchester Association of Homeowners (WAHO), stated that she only learned of this zoning case through the posted zoning change sign. Ms. LaGray stated that during a meeting with the PID representative and Glenn Engineering, the preservation of 16 herirtage pecan trees was discussed. She stated that if detached garages were approved, it would allow saving all trees, rather than losing one. She suggested reducing the parking requirements for one-bedroom apartments to allow more room around trees to ensure that they survive. In addition, Ms. LaGray requested that the addition of tree preservation requirements be adding to zoning approval, including no storage of materials or equipment under the trees, no parking of equipment or vehicles within the dripline of the trees, and the installation of a 6’ chain link fence around the dripline of all trees to be preserved. Ms. LaGray asked that the WAHO serve as a participant in the review and approval of the final site plan for this case.
Gary LaGray, 4508 Westbriar Lane, stated that he does not object to detached garages in this area, particularly since they will be in the interior of the development and this will allow for the preservation of all the 16 pecan trees. Mr. LaGray stated that he was encouraged by Norstar Development in that they recognize the need to save these trees and how they will enhance the property. In Westchester Meadows trenches were dug around the trees which damaged them. In addition, Mr. LaGray pointed out it is important to keep concrete from around the drip line of the trees.
Mr. Crolley noted that according to the UDC, the Planning Director can vary the parking requirement by 10% and they would not have to do more than that to accommodate the preservation of trees. Council Member Bledsoe asked if city ordinances would provide for the preservation of trees during construction. Mr. Crolley replied that there was not an ordinance, but he felt the developer would work with the city to comply with WAHO’s requests in this regard.
Council Member Bledsoe noted that the existing Westchester Apartments have been a good neighbor to the Westchester area. He felt this same type of development should be continued in this expansion of the Westchester Apartments for continuity of building architecture, the landscaping on Westchester Parkway, and the beauty of the trees on this particular site. Mr. Bledsoe noted that if detached garages were approved, it would save more trees.
Council Member Bledsoe moved, seconded by Council Member Ruthe Jackson, to close the public hearing and approve Case Z020402 with changes for detached garages to allow saving trees, allow the Planning Director to make changes to parking requirements, and urge Glenn Engineering and Norstar to continue the relationship with Westchester Homeowners Association.
Mr. Crolley asked for clarification on the continuing relationship with Glenn Engineering, Norstar and the WAHO. Council Member Bledsoe asked staff to notify the homeowners association when the site plan is submitted so that they will be aware of what is being submitted to the Planning and Zoning Commission and to Council. Council Member Teri Jackson stated that the WAHO should be kept aware of where the city is in processing the site plan, but it is expected that Ms. Armijo, Glenn Engineering, would be in contact with the WAHO and that staff would only be the “failsafe gap” in the event it is needed.
Mayor England reminded Council that the city had worked for a long time establishing standards for multi-family developments and expressed objection to disregarding these standards by changing to detached garages and a variance for parking requirements in order to save one tree out of 16.
Ayes:
Council Members Bledsoe, Fregoe, Ruthe Jackson, Teri Jackson, Robertson, Swafford, and Mayor Pro Tem Englert
Nays:
Council Member Shotwell and Mayor England.
The motion carried.
VII.
ITEMS FOR INDIVIDUAL CONSIDERATION
ITEM VII-1
Main Street Lighting
Council Member Shotwell moved, seconded by Council Member Ruthe Jackson, to approve the proposed Main Street Roadway and Pedestrian Lighting Plan using TXU fixtures (Central Park Style Pole with Texan Fixture) and adopt an ordinance appropriating and transferring $139,391 from the unobligated fund balance in the Capital Reserve Fund to the Street Capital Projects Fund, #511.01.
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.
Mayor Pro Tem Englert asked that staff look at sidewalk repairs in the downtown area where the surface is flaking off creating a possibly dangerous situation. Mr. Larkins replied that he would meet with Mr. Englert after the meeting to get more information.
ITEM VII-2. OPUS Tax Abatement Request
Economic Development Director Diana Miller stated that OPUS West Corporation is requesting a partial tax abatement for a project consisting of approximately 600,000 sq. ft. to be located east of the present WalMart facility on I-20. The facility would be built in two phases and would be valued at approximately $10-15 million. The request is for a graduated abatement of 50%/40%/30% over a three-year period. During this period, the project would generate approximately $180,000 in tax revenue to the city.
Mr. Steve Chilton, OPUS West, 15455 N. Dallas Pkwy., Suite 450, Addison, TX, stated that the tax abatement being requested is for a distribution project and would be OPUS’ first project in Grand Prairie. Mr. Chilton said he looked forward to working with city staff and developing a long-term relationship with the city.
Mayor England stated that Council had previously discussed this item in executive session. Council Member Bledsoe stated that he had concerns with warehousing in this particular area of the city. He felt that the neighborhood in this area would object strongly because of the truck traffic that this type of use would generate.
Council Member Bledsoe moved, seconded by Council Member Shotwell, to deny a partial tax abatement for OPUS West Corporation for a two-phase industrial/distribution project at I-20 and Matthew Road.
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 VII-3.
Board, Commission and other City Council Appointments
No appointments were made.
I.
CITIZENS COMMENTS
Juanita Gazin, 1201 Oak Street, presented a petition from the nutrition center to the City Council. Ms. Gazin thanked the city for efforts on their behalf to find a permanent site that is appropriate size and adequate for their needs. Ms. Gazin asked that the Church Street Senior Center be kept informed about the progress of determining a permanent site for the nutrition center. Ms. Gazin stated that she thought this item was to be included on the council agenda for the past two meetings, but it was not. She commented that they thought if they presented this petition they would be placed on the agenda next month.
Mayor England stated that the entire Council is very concerned about the nutrition center and there are absolutely no plans to abandon it. Various locations have been considered, and the city is now in negotiations for a site that would be very suitable for their needs. Mayor England said that an extension has been granted by the church to continue the nutrition center until the site could be permanently set up.
IX.
ADJOURNMENT
Council Member Ruthe Jackson moved to adjourn the meeting. Mayor England adjourned the meeting at 8:30 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 21, 2002.
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Catherine E. DiMaggio, City Secretary