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HomeMy WebLinkAbout2021-05-11 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL Tuesday , May 11 , 2021 A regular meeting of the Euless City Council was called to order by Mayor Linda Martin at 4 : 32 p . m . on Tuesday , May 11 , 2021 , in the Council Chambers of City Hall , 201 North Ector Drive . Mayor Linda Martin , Mayor Pro Tern Salman Bhojani , Council Members Tim Stinneford , Jeremy Tompkins , Eddie Price , and Harry Zimmer were present in the Council Chambers . Council Member Perry Bynum arrived at 4 : 34 p . m . During the Precouncil meeting : ➢ City Manager Loretta Getchell advised of two events being held on Monday , May 17 , 2021 : • 6 : 00 p . m . , Euless Tongan Community Committee meeting , Mary Lib Saleh Euless Public Library ; and • 7 : 00 p . m . , Retirement Reception for Dr . Faye Beaulieu , Pennington Field . Additionally , she advised that Glade Parks is working with staff and the businesses surrounding the plaza to host live music events on Saturday evenings in the plaza area . ➢ City Manager Getchell reviewed the regular agenda . ➢ Emergency Management Coordinator Suzanne Hendrickson provided an update regarding the COVID - 19 pandemic , including the current statistics worldwide , statewide , and locally as well as hospitalization rates . She advised that the vaccination rate for Euless residents who have received at least one dose of the vaccine is 41 . 62 percent and the vaccination rate for the state of Texas for residents who have received at least one dose of the vaccine is 51 . 19 percent . Additionally , she advised of a change in hours through the month of May for the Hurst Conference Center vaccination site in anticipation of the FDA approving the Pfizer vaccine for children ages 12 to 15 . She encouraged hand washing , social distancing and mask wearing even as vaccine distribution becomes more widespread . Discussion ensued regarding pop - up vaccination locations , new vaccination sites , and decreasing the number of city staff members working daily at vaccination sites including the Hurst Conference Center . ➢ Finance Director Janina Jewell provided the Financial update for the period ending March 31 , 2021 , and advised that car rental tax collection was up 21 percent over the same period last year (the first month of the pandemic shutdown ) , down 12 percent from the same period in 2019 , and down 41 percent year to date . ➢ Deputy City Manager Chris Barker provided the Capital Projects update related to the 2019 Roadway Improvement Project and advised that improvements along Harwood Road , South Pipeline Road , and Highland Drive are underway . He provided an Council Minutes Page 2 of 9 May 11, 2021 update to the emergency repairs made along Harwood Road on Wednesday , May 5 , 2021 . Additionally , he advised of improvements at Parks at Texas Star and along Pipeline Road as well as a large utility relocation in coordination with the City of Bedford . He provided brief updates regarding the 2020 Sewer Rehabilitation Project , Fire Station No . 1 construction , and the completion of the El Camino Real sewer line . ➢ City Manager Getchell provided a Legislative update and discussed proposed and pending legislation related to limiting a city ' s ability to issue debt without voter approval , law enforcement funding bills , sales tax sourcing , defining disasters , preemption bills related to building materials and development applications , and energy efficiency standards . CLOSED SESSION The City Council convened into closed session at 5 : 34 p . m . for deliberation regarding the following : Seek legal advice from the City Attorney as authorized by Section 551 . 071 of the Texas Government Code related to : • Possible contract regarding jail services ; and • Bear Creek Bend development regulations The purchase , exchange , lease or value of real property as authorized by Section 551 . 072 of the Texas Government Code related to : • Cresthaven Addition Mayor Martin recessed closed session at 6 : 35 p . m . COUNCIL CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7 : 00 p . m . for consideration of scheduled items . S TAFF MEMBERS PRESENT City Manager Loretta Getchell Deputy City Manager Chris Barker Assistant City Attorney Cara White City Secretary Kim Sutter Director of Information Services Scott Joyce Interim Director of Planning and Economic Development Don Sheffield S enior Planner Stephen Cook Computer Support Specialist II Brett Bennett VISITORS Dennis Box Ryan James Alex Lawrence David Brown Jeremy Laird Doug Mcpherson Council Minutes Page 3 of 9 May 11, 2021 Eric Owens Sam Tenifa Jared Willis Tika Paudel Mark Watts John Willis Debra Perryman Carol Willis Lisa Willis Dave Ryckman Chris Willis Richard Willis VISITORS VIA VIDEO CONFERENCE Mark Compton INVOCATION Council Member Eddie Price gave the invocation . PLEDGES OF ALLEGIANCE Council Member Harry Zimmer led the pledges of allegiance to the flags of the United States and Texas . ITEM NO . 1 . ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFICATE OF ELECTION City Secretary Kim Sutter administered the Oath of Office to Harry Zimmer , elected Council Member , Place 5 . Mayor Linda Martin presented him with a Certificate of Election . ITEM NO . 2 . ANNOUNCEMENT OF EMPLOYEE SERVICE AWARDS Mayor Martin announced the employee service awards and expressed her congratulations to the following employees on reaching an employment milestone with the City of Euless : 15 years of service Firefighter/ Driver/ Paramedic Saul Padilla 20 years of service Secretary Melissa Thomas CONSENT AGENDA (items 3 through 8) Mayor Martin asked Deputy City Manager Barker to read each item into the record . Council Member Stinneford motioned to approve the consent agenda items number 3 through 8 . Council Member Tompkins seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Bhojani , Council Members Stinneford , Tompkins , Price , Bynum , and Zimmer Council Minutes Page 4 of 9 May 11, 2021 Nays : None Mayor Martin declared the motion carried . ITEM NO . 3 . AUTHORIZED PURCHASE OF RADIO EQUIPMENT FOR POLICE AND FIRE DEPARTMENT PERSONNEL Authorized the purchase of replacement radio equipment for Police and Fire Department personnel . The equipment will be purchased through the cooperative purchase agreement through Houston Galveston Area Council ( HGAC ) Contract RA05 - 18 and 17724 . The estimated expenditure is $437 , 994 . 96 . ITEM NO . 4 . APPROVED RENEWAL OF CONTRACT PER REQUEST FOR PROPOSAL NO . 005 - 18 Approved renewal of contract , per RFP No . 005 - 18 , with Mutual of Omaha for Life Insurance , Accidental Death and Dismemberment (AD & D ) Insurance , Long -Term Disability , Short-Term Disability , and Voluntary Life/AD & D Insurance . The initial contract provided for a three-year term with two 2 -year renewals . This request would represent the first renewal and will cover the period of October 1 , 2021 to September 30 , 2023 . The estimated expenditures are : Life Insurance , $ 108 , 901 ; AD & D Insurance , $ 14 , 733 ; Short- Term Disability , $ 31 , 782 ; and Long -Term Disability , $ 72 , 229 . ITEM NO . 5 . APPROVED RESOLUTION NO . 21 - 1604 Approved Resolution No . 21 - 1604 , denying Oncor Electric Delivery Company ' s Distribution Cost Recovery Factor ( DCRF ) application filing , Public Utilities Commission ( PUC ) Docket No . 51996 , seeking an increase in distribution revenues and authorizing the City to join with the Steering Committee of Cities Served by Oncor ( OCSC ) to evaluate the filing . ITEM NO . 6 . APPROVED RESOLUTION NO . 21 -1606 Approved Resolution No . 21 - 1606 , authorizing participation in the Texas Cooperative Liquid Assets Securities System Trust (Texas CLASS ) and designating authorized representatives . ITEM NO . 7 . APPROVED RESOLUTION NO . 21 - 1607 Approved Resolution No . 21 - 1607 , calling a runoff election for Place Six of the Euless City Council to be held on June 5 , 2021 . ITEM NO . 8 . APPROVED CITY COUNCIL MINUTES Approved City Council minutes of the regular meeting of April 27 , 2021 . Council Minutes Page 5 of 9 May 11, 2021 REGULAR AGENDA ITEM NO . 9 . APPROVED SITE PLAN NO . 21 -02 -SP Interim Director of Planning and Economic Development Don Sheffield presented the item to the City Council and advised that the applicant , Wier & Associates representing Frost Bank , is seeking to construct a new bank structure with drive through service at 2051 West Airport Freeway . The former building has been razed and a new 5 , 377 square foot structure will be constructed with 1 , 212 square foot canopy constructed over the drive through lanes . Additionally , the Planning and Zoning Commission considered this site plan on April 20 , 2021 , and recommended approval by a vote of 7 -0- 0 . Council Member Tompkins motioned to approve Site Plan No . 21 -02 -SP , for a Commercial Development proposed to be located on Westpark Professional Centre Addition , Block 1 , Lot 1 , 2051 West Airport Freeway . Mayor Pro Tern Bhojani seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Bhojani , Council Members Stinneford , Tompkins , Price , Bynum , and Zimmer Nays : None Mayor Martin declared the motion carried . ITEM NO . 10 . HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO . 21 - 05 -SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO . 2281 Mayor Martin opened the public hearing at 7 : 11 p . m . Interim Director of Planning and Economic Development Sheffield presented the case to the City Council and advised that the applicant , Craig Booth representing his franchise retail store , Uptown Cheapskate , is seeking a Specific Use Permit at 1220 Chisholm Trail , Suite 200 . The store is classified as a used merchandise store which specializes in purchasing and reselling clothing and accessories such as purses , bags and shoes . Additionally , the Planning and Zoning Commission considered the Specific Use Permit on April 6 , 2021 , and recommended approval by a vote of 7 -0-0 with the following conditions : 1 ) The Specific Use Permit is tied to the business owner : Uptown Cheapskate Glade Parks , LLC ; 2 ) The Specific Use Permit is tied to the business name : Uptown Cheapskate ; 3 ) All merchandise shall be displayed within the store and not exterior to the building ; 4 ) Any customer bringing items to be sold to the retail store shall bring such items interior to the store during business hours ; 5) No items shall be left exterior to the store . Any such items shall be removed in a timely manner ; and Council Minutes Page 6 of 9 May 11, 2021 6 ) The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated . Mayor Martin asked to hear from any proponents followed by opponents of the case . There being none , Mayor Martin closed the public hearing at 7 : 13 p . m . Council Member Stinneford acknowledged the residents opposed to this type of retail store and mentioned a similar business in the Heritage Towne Crossing development . In his opinion , the company provides high quality merchandise and there is not a downside to the community . Council Member Stinneford motioned to approve Ordinance No . 2281 , a Specific Use Permit on Glade Parks Addition , Block K , Lot 4R1 , 1220 Chisholm Trail , Suite 200 for a U sed Merchandise store in the Planned Development ( PD ) zoning district . Council Member Bynum seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Bhojani , Council Members Stinneford , Tompkins , Price , Bynum , and Zimmer N ays : None Mayor Martin declared the motion carried . ITEM NO . 11 . HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO . 21 - 04 -SUP AND DENIED ORDINANCE NO . 2280 Mayor Martin opened the public hearing at 7 : 14 p . m . Interim Director of Planning and Economic Development Sheffield presented the case to the City Council and advised that the applicant , Alex Lawrence representing Real Action Card Club , LLC , is seeking a Specific Use Permit at 2700 South Pipeline Road West , S uite 300 . The business was issued a Certificate of Occupancy ( CO ) for a Membership Sports and Recreation Club in November 2020 . After the issuance of the CO , the City became aware that the actual business operations and activities at the location were substantially different than what was represented by the applicant on their CO application . Based on this new information , staff has revised their evaluation of the business and believe that the business should be classified as an Amusement Service Not Elsewhere Classified which requires a Specific Use Permit within the I - 1 Zoning District . This information and requirement were communicated to the applicant in a certified letter dated February 11 , 2021 . The applicant indicates that card games , billiards and darts , including wagering , are the regular games played for a membership and hourly fee to the facility . The current site provides a total of 27 parking spaces . Based on square footage , the existing primary business requires 16 parking spaces , leaving 11 spaces for the proposed use . Based on the number of games available with the use , staff does not believe 11 parking spaces are adequate . With an observed six card tables ; three dartboards and one pool table , and applying a similar parking ratio to billiards/pool halls ( Section 84 -201 , Council Minutes Page 7 of 9 May 11, 2021 Parking Table 5A , item 26 of five parking spaces per table/alley) this would require approximately 50 parking spaces . The Planning and Zoning Commission considered the Specific Use Permit on April 6 , 2021 , and recommended denial by a vote of 7- 0-0 . After hearing from the applicant , if the City Council chooses to recommend approval of this Specific Use Permit , staff recommends the following conditions : 1 ) The Specific Use Permit is tied to the business name : Real Action Card Club , LLC ; 2 ) The Specific Use Permit is tied to the business owner : Alex Lawrence ; 3 ) This amusement and recreation service , not elsewhere classified may only operate between 12 : 00 p . m . ( noon ) and 12 : 00 a . m . ( midnight) , Sunday through Thursday and between 12 : 00 p . m . ( noon ) and 2 : 00 a . m . ( next day) on Friday and Saturday ; 4 ) A cross parking agreement in accordance with Section 84-201 ( h ) ( 7) must be provided . No parking outside of a designated parking space or on -street parking will be allowed ; 5) Use of the property must comply with all federal , and state laws and regulations , and will comply with all ordinances , rules , and regulations of the City of Euless ; and 6 ) The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated . Debra Perryman , Silver Oak Commercial Realty , 2805 Market Loop , Suite 100 , Southlake , Texas , representing the business owners provided a presentation and stated that the activities offered at the business remain the same as what were disclosed and approved in the original application . She added that although the owners feel the classification as a Membership Sports and Recreation Club is the appropriate classification , they have complied with the request of the city and applied for the SUP u nder the city' s recommended classification as an Amusement Service Not Elsewhere Classified. Additionally , she requested that the SUP be tied to all three business owners , Alex Lawrence , Dave Ryckman , and John Willis . Addressing concerns raised by staff and the Planning and Zoning Commission , she advised that additional parking can be made available through parking agreements with neighboring property owners , the minimum age of membership would be raised from 18 to 21 years of age , and firearms would be prohibited on the premises (concealed and open carry) . She stated that wagering is tied to poker only and the house does not take a percentage ( rake) and does n ot provide lines of credit to the players . Mayor Martin asked to hear from any proponents of the case . Mark Watts , 11908 Dacca Court , Aledo , Texas , advised that he is a member of the Real Action Card Club and an avid poker player and expressed his support for the continued e xistence of the club . He expressed his opinion that the club is not a gambling o rganization and is a perfect example of a well - run card room that is clean , safe and friendly to the players and the neighborhood . Doug Macpherson , 2205 Golden Gate Circle , Bedford , Texas , expressed his support for Real Action Card Club and the social aspects of the organization , including a comfortable , safe , and clean environment . Council Minutes Page 8 of 9 May 11, 2021 Jeremy Laird , 101 North Roaring Springs Road , Westworth Village , Texas , expressed his support for Real Action Card Club and advised of the social aspects and friendships formed between club members . Dennis Box , 2700 South Pipeline Road , Euless , Texas , landlord of the building , e xpressed his support for Real Action Card Club and advised that they are an outstanding tenant that should be allowed to continue to operate in the City of Euless . Mayor Martin asked to hear from any opponents of the case . Mark Compton , 606 Creekside Drive , Euless , Texas , expressed his opposition to this type o f business operating in Euless . Mayor Martin closed the public hearing at 7 : 49 p . m . The City Council raised several questions related to the primary use of the facility , appropriate classification , amenities , the club ' s target audience , capacity limitations , and Texas Alcoholic Beverage Commission (TABC ) regulations . In response to the questions raised by the City Council , Ms . Perryman advised that she considers the primary use similar to that of a country club or social club . Due to COVID- 19 restrictions , card playing has been more prevalent and accounts for 85 to 90 percent o f the activity at this time ; however , not all poker play involves wagering . Additionally , she described the club amenities as self-serve snack and beverage , poker tables , dart boards , pool table , and an arcade game . The target audience for the establishment is like-minded individuals looking for a safe and social environment to take part in the ✓ arious sport offerings . At Mayor Martin ' s request , Assistant City Attorney Cara White advised that based on the law firms research and in consultation with the Tarrant County District Attorney' s Office , they believe that this is not a legal business operation . Council Member Stinneford motioned to deny Ordinance No . 2280 , for a Specific Use Permit for Ferguson Addition , Block A , Lot 3 , 2700 South Pipeline Road West , Suite 300 for an Amusement Service Not Elsewhere Classified in the Light Industrial ( I - 1 ) zoning district . Council Member Zimmer seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Bhojani , Council Members Stinneford , Tompkins , Price , Bynum , and Zimmer Nays : None Mayor Martin declared the motion carried . Council Minutes Page 9 of 9 May 11, 2021 ITEM NO . 12 . PUBLIC COMMENTS No public comments . ITEM NO . 13 . REPORTS City Manager No report given . City Attorney No report given . City Council Mayor Martin announced that early voting for the June 5 , 2021 Runoff Election will begin Monday , May 24 , 2021 , and will continue through Tuesday , June 1 , 2021 , at the Euless Family Life Senior Center and announced the candidates as they are listed on the ballot : Council Member , Place 6 Eric Owens Tika Paudel ITEM NO . 14 . ADJOURN Mayor Martin adjourned the meeting at 8 : 15 p . m . APPROVED : ATTEST : L _ (1/4--112? ff Linda Martin , Mayor Ki Sutter , TRMC , CMC , CitySecretary