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HomeMy WebLinkAbout2016-12-13 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL Tuesday, December 13, 2016 A regular meeting of the Euless City Council was called to order by Mayor Pro Tem Perry Bynum at 4:37 p.m. on Tuesday, December 13, 2016, in the Precouncil Conference Room of City Hall, 201 North Ector Drive. Those present included Mayor Pro Tem Perry Bynum, Council Members Tim Stinneford, Jeremy Tompkins, Eddie Price, and Harry Zimmer. Mayor Linda Martin and Council Member Linda Eilenfeldt were not present due to a scheduled absence. During the Precouncil meeting: ➢ Mayor Pro Tem Perry Bynum provided an update regarding Mayor Linda Martin's husband, Don, and advised that he is doing wonderfully following surgery. ➢ City Manager Loretta Getchell advised that a City Council tour of the Development and Engineering Building will take place following the dinner break. ➢ Director of Parks and Community Services Ray McDonald advised that the Heritage Park Christmas event held Saturday, December 10, 2016, was a fun event and thanked staff for their hard work. ➢ Council Member Jeremy Tompkins announced that he attended the Snowball Express event for the children of fallen service members at iT'z Pizza where City Council, staff, and the Trinity High School band and cheerleaders welcomed the children and their families. Additionally, he attended the Breakfast with Santa event held at Texas Star Conference Center on Saturday, December 10, 2016, and the Flutissimo Flute Choir event at the Mary Lib Saleh Euless Public Library on Monday, December 12, 2016. ➢ City Secretary Kim Sutter advised that an application for a petition to hold a local option election was received Friday, December 9, 2016, and the petition was issued today, December 13, 2016. She advised that 2,886 valid signatures are required to be returned for the petition to prompt an election. ➢ City Manager Getchell announced that the annual employee Christmas party will be held Friday, December 16, 2016, at the Euless Senior Center, from 11:00 a.m. to 2:30 p.m. ➢ City Manager Getchell reviewed the regular agenda. ➢ Lieutenant Brandon Zachary presented the Code update for the period ending November 2016, and discussed common violations including junk vehicles, oversized vehicles, and Christmas lights as temporary electrical installations. Council Minutes Page 2 of 11 December 13, 2016 ➢ Risk Manager Connie Scott presented the proposed updates to the City's Americans with Disabilities Act (ADA) Transition Plan including completed projects and projects that have been scheduled for future years. She advised that the proposed plan will be presented for City Council consideration in January 2017. Discussion ensued regarding project timing. ➢ Finance Director Janina Jewell provided the Financial update for the month ending October 31, 2016, and advised that car rental tax was down six percent for the month but was up three percent year-to-date and sales tax was up 4.95 percent for the month. ➢ Library Administrator Sherry Knight presented the Season of Sounds Music Series schedule for 2017: • Cleghorn/Jiggernaut, Celtic Rock bands, Texas Star Pavilion, Friday, March 17, 2017, 6:30 p.m. to 9:00 p.m.; • Fin City, a Jimmy Buffett Tribute Band, Texas Star Pavilion, Friday, June 9, 2017, 7:00 p.m. to 8:00 p.m.; • 4ever Young, 50's and 60's A Cappella, Euless Senior Center, Friday, July 14, 2017, 7:00 p.m. to 8:00 p.m.; • Colt & the Old 45s, 60's and 70's Rock group, Leon Hogg Amphitheater, Friday, September 15, 2017, 7:00 p.m. to 8:00 p.m.; and • Brave Combo, Rock-Polka, Texas Star Pavilion, Friday, October 13, 2017, 7:00 p.m. to 8:00 p.m. ➢ Assistant City Manager Chris Barker presented the Library update related to the upcoming library renovation and advised that he and Library Administrator Sherry Knight will meet with the architect who recently completed work on the Development and Engineering Building. The City Council recessed the Precouncil session at 5:39 p.m. and toured the recently renovated Development and Engineering Building as well as the new Fire Department apparatus. 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. STAFF MEMBERS PRESENT City Manager Loretta Getchell Deputy City Manager Bob Freeman Assistant City Manager Chris Barker City Attorney Wayne Olson Council Minutes Page 3 of 11 December 13, 2016 City Secretary Kim Sutter Deputy City Secretary Lindsay Wells Police Chief Mike Brown Director of Planning and Economic Development Mike Collins Director of Public Works Hal Cranor Finance Director Janina Jewell Director of Parks and Community Services Ray McDonald Fire Chief Wes Rhodes Information Services Administrator Scott Joyce Library Administrator Sherry Knight Fleet and Facilities Administrator Kyle McAdams Human Resources/Risk Administrator Carolyn Marshall Assistant to the City Manager Betsy Deck VISITORS Lisa Bynum Amanda Mata Charles Teeple Daniel Goodwin Kay Price Peggy Vandiver Jimmy Hartman, Jr. Jimmy Sosa David Hensley Bryan Teeple INVOCATION Assistant City Manager Chris Barker gave the invocation. PLEDGE OF ALLEGIANCE Council Member Tim Stinneford led the pledge of allegiance. ITEM NO. 1. PRESENTATION OF EMPLOYEE OF THE MONTH FOR JANUARY Finance Director Janina Jewell introduced Accountant II Ross Fairclo. Ross was accompanied by his wife, Adrienne, son, Connor, daughter, Michaela, and members of the Finance Department. Mayor Pro Tem Bynum presented Ross with a plaque and certificate commemorating his selection as employee of the month for January 2017. REGULAR AGENDA ITEM NO. 2. HELD PUBLIC HEARING REGARDING PLANNED DEVELOPMENT 16-03-PD AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2144 Mayor Pro Tem Bynum opened the public hearing at 7:11 p.m. Council Minutes Page 4 of 11 December 13, 2016 Director of Planning and Economic Development Collins presented the item to the City Council. The applicant, Teeple Partners, represented by Charles Teeple, is the developer and property owner of the proposed age-restricted multi-family development. The Planned Development zoning district would specifically allow development of a four story, surface parked, market rate, multi-family development. The development would be limited to age-restricted residents 55 and older only. Additionally, the Planning and Zoning Commission held a public hearing on November 15, 2016, and recommended approval of the zoning change by a vote of 7-0-0. David Hensley, HLR Architects, 14881 Quorum Drive, Suite 550, Dallas, expressed his appreciation to the City Council for their consideration, and advised of the amenities included in the project. Mayor Pro Tem Bynum asked to hear from any proponents followed by opponents wishing to speak regarding the proposed zoning change. Seeing none, the public hearing was closed at 7:14 p.m. Council Member Tompkins inquired as to whether Teeple Partners would be retaining the property as their own or sell it as an investment once construction is completed. Charles Teeple, Teeple Partners, 1301 South Capital of Texas Highway, Austin, confirmed that his company intends to construct the facility and retain it long term. He also confirmed that spouses would both have to be 55 years old or older. Council Member Stinneford motioned to approve the first and final reading of Ordinance No. 2144, to change the zoning on 4.288 acres of land within the L. Franklin Survey, Abstract No. 513, located on the east side of State Highway 121 frontage road, north of Mid-Cities Boulevard from TX-121 Gateway District (TX-121) to Planned Development (PD) zoning. Council Member Zimmer seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 3. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 16- 16-SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2141 Mayor Pro Tem Bynum opened the public hearing at 7:20 p.m. Council Minutes Page 5 of 11 December 13, 2016 Director of Planning and Economic Development Collins presented the item to the City Council and stated that the applicant, James Sosa, representing Hwy 10 Tire Shop, is seeking to renew the Specific Use Permit (SUP) for his business located at 116 West Euless Boulevard. Since the latest renewal on June 8, 2016, three citations have been issued related to violations of the SUP conditions in addition to several verbal notices of violation. These violations were for outdoor storage and display of the tires and repairs external to the building. Based on the history of non-compliance with the conditions set forth by the City Council, staff recommended to the Planning and Zoning Commission at their public hearing on November 15, 2016, that the Specific Use Permit not be renewed and the use cease within 60 days of the expiration of the SUP. However, the owner of the business represented to the Planning and Zoning Commission that he had implemented two changes to his business practice to address the outside storage of tires. As a result, the Planning and Zoning Commission recommended approval of the Specific Use Permit by a 7-0-0 vote with the following conditions: 1. The Specific Use Permit is tied to the Business Owner: James Sosa; 2. The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; 3. All tires stored on site whether new or used, shall be stored in a manner that is screened from public view from the right-of-way and shall be stored under cover so as to not allow the collection of rainwater within the tires; 4. All repair of tires shall be conducted within the building or within the fenced area behind the building; 5. Outdoor storage is prohibited in front of the building; 6. The auto repair services provided by this establishment are tire repair and wheel-related repairs. Any other auto repair services are in violation of this Specific Use Permit; 7. The term of the Specific Use Permit shall be for a period of six(6) months from the date of approval; 8. The Commission is to be made aware of any new violations or formal citations as soon as they occur, and that the case will be immediately brought back to the Commission for consideration at that time, following Specific Use Permit procedures as required within the Euless Unified Development Code, rather than waiting until the end of the time frame set forth by the Specific Use Permit; 9. 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; and 10.Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. James Sosa, owner and applicant, 116 West Euless Boulevard, Euless, acknowledged that he has had issues since his last SUP was approved and he has taken steps to correct the outdoor storage issues. Mayor Pro Tem Bynum asked to hear from any proponents followed by opponents wishing to speak regarding the case. Seeing none, the public hearing was closed at 7:22 p.m. Council Minutes Page 6 of 11 December 13, 2016 Council Member Tompkins inquired about information included in the Planning and Zoning Commission minutes regarding offsite tire storage. Mr. Sosa confirmed that he is utilizing offsite storage and it is working well for him. The tires are no longer stored at his business. Council Member Tompkins inquired about how Mr. Sosa transports the tires and Mr. Sosa confirmed that he moved them himself in his truck. Council Member Stinneford inquired about the location of the offsite storage. Mr. Sosa confirmed that the storage is in the City of Fort Worth. Council Member Tompkins motioned to approve the first and final reading of Ordinance No. 2141, a Specific Use Permit for a Tire Repair Shop on J. P. Halford Addition, Block D, Lot 7, 116 W. Euless Boulevard in the Texas Highway 10 Multi-Use District (TX-10). Council Member Stinneford seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 4. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 16- 20-SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2143 Mayor Pro Tem Bynum opened the public hearing at 7:29 p.m. Director of Planning and Economic Development Collins presented the item to the City Council and stated that the SUP was approved by the Council in June 2016 with a six (6) month renewal period. The Planning and Zoning Commission considered this Specific Use Permit at their regular meeting of November 15, 2016, and voted to recommend approval of the SUP with no time limit by a vote of 7-0-0 with the following conditions: 1. The Specific Use Permit is tied to the Business Owner: James Hartman, Jr.; 2. The Specific Use Permit is tied to the Business Name: JR's Euless Transmission; 3. All repairs of vehicles, including but not limited to: mechanical repair and maintenance operations will be conducted within the building. No work will be conducted exterior to the building; 4. Outdoor storage of inoperable or dilapidated vehicles or exterior display of merchandise is not permitted within view of the public right-of-way; 5. All vehicles within view of the public right-of-way must be parked in a parking space fully compliant with Chapter 84, Section 84-201 of the City of Euless Code of Ordinances; Council Minutes Page 7 of 11 December 13, 2016 6. The services allowed at this facility are as follows: Brake Replacement, Timing Belt Replacement, Water Pump Replacement, Power Steering Pump Replacement, Belts and Hoses Replacement, Fuel Pump Replacement, Transmission Rebuild, Strut Replacement, Shock Replacement, Distributor Replacement, Tune Ups, Front and Rear Suspension Repair, Axle Replacement, Rack & Pinion Replacement, Air Conditioning Service, Heater Core Replacement, Instrument Cluster Replacement, Window Motor and Regulator Repair, Transmission Control Module Repair, Engine Control Module Repair, Differential Service, Head Gasket Replacement, Intake Gaskets, 0/2 Sensor Replacement, Fuel Filter Service, Oil Changes, Transmission Service, and Computerized Diagnostics.Auto services not listed here are thereby prohibited; 7. 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; and 8. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Mayor Pro Tem Bynum asked to hear from any proponents followed by opponents wishing to speak regarding the case. Seeing none, the public hearing was closed at 7:29 p.m. James Hartman, Jr., representing JR's Euless Transmission, 230 Vine Street, Euless, was in attendance to address any questions related to the request. Council Member Stinneford motioned to approve the first and final reading of Ordinance No. 2143, a Specific Use Permit for an Automotive Repair Shop on Oakwood Terrace Addition, Block 1, Lot A43R, 230 Vine Street in Texas Highway 10 Multi-Use District (TX- 10). Council Member Price seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 5. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 16- 18-SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2142 Mayor Pro Tem Bynum opened the public hearing at 7:32 p.m. Director of Planning and Economic Development Collins presented the item to the City Council. The City of Euless is implementing an automated meter reading service to the City. In order for accurate information to be broadcast and received through the network, adequate receiving antennae are required to be installed within the community. In order Council Minutes Page 8 of 11 December 13, 2016 for this system to operate efficiently within the southern areas of the City, the City is requesting a Specific Use Permit to construct a telecommunications tower on City property. The tower location is proposed to be located to the north of the existing Public Works Office building on 1513 Westpark Way. The Planning and Zoning Commission considered this Specific Use Permit at their regular meeting of November 15, 2016, and voted to recommend approval with a vote of 7-0-0 with the following conditions: 1. The Specific Use Permit is tied to the City of Euless; 2. 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; and 3. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Mayor Pro Tem Bynum asked to hear from any proponents followed by opponents wishing to speak regarding the case. Seeing none, Mayor Pro Tem Bynum closed the public hearing at 7:32 p.m. Council Member Price motioned to approve the first and final reading of Ordinance No. 2142, a Specific Use Permit for a Telecommunications Tower on International Regional Industrial Complex, Block D, Lot 1 R, 1513 Westpark Way in the Heavy Industrial District (1-2). Council Member Tompkins seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 6. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 16- 17-SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2145 Mayor Pro Tem Bynum opened the public hearing at 7:36 p.m. Director of Planning and Economic Development Collins presented the item to the City Council. The applicant, Bloomin Brands Inc. for Outback Steakhouse, is seeking to develop a restaurant on the north side of Chisholm Trail between the State Highway 121 frontage road and Rio Grande Boulevard. The Glade Parks zoning ordinance separately defines eating establishments either with or without drive through service or ones that have a dedicated curbside pickup. The proposed restaurant is branded Outback Steakhouse and would include curbside pickup services. Additionally, the Planning and Zoning Commission held a public hearing on December 6, 2016, and recommended approval of the zoning change by a vote of 7-0-0 with the following conditions: Council Minutes Page 9 of 11 December 13, 2016 1. The Specific Use Permit is tied to the Business Owner: Blooming Brands Inc.; 2. The Specific Use Permit is tied to the Business Name: Outback Steakhouse; 3. 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; and 4. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Adams Engineering, representing the applicant, was present to address any questions regarding the request. Mayor Pro Tem Bynum asked to hear from any proponents followed by opponents wishing to speak regarding the case. Seeing none, Mayor Pro Tem Bynum closed the public hearing at 7:36 p.m. Council Member Stinneford motioned to approve the first and final reading of Ordinance No. 2145, a Specific Use Permit for an Eating Establishment (with ancillary dedicated curbside pickup) on 1.48 acres out of the John H. Havens Survey, Abstract No 685, tracts 2A4 and 3 to be platted as Glade Parks Addition, Block B, Lot 4, located at 2601 SH 121 in Planned Development Zoning District (PD). Council Member Zimmer seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 7. APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 2146 Director of Planning and Economic Development Collins advised the City Council that Ordinance No. 2146 amends Chapter 14 of the Euless Code of Ordinances by adopting the 2015 International Property Maintenance (IPM) Code and presented amendments to the IPM including: 1. Require edging of vegetation from all sidewalks and driveways. This would provide safe and unobstructed passage for pedestrians. 2. Require insect screens on windows. This would be applicable only for windows required for ventilation, not for all windows in all situations. 3. Require heat be provided from November 1 through March 31. This is a specification of times, not the creation of a new requirement. Council Member Tompkins inquired about accessory building requirements. Council Minutes Page 10 of 11 December 13, 2016 Mr. Collins confirmed that accessory buildings would not be held to the same standards as a home or residence. Council Member Stinneford motioned to approve the first and final reading of Ordinance No. 2146, amending portions of the City of Euless Code of Ordinances, Chapter 14, "Buildings and Building Regulations," adopting the 2015 International Property Maintenance Code (IPM). Council Member Tompkins seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 8. APPROVED APPOINTMENT OF BOARD OF DIRECTORS FOR TAX INCREMENT REINVESTMENT ZONE NUMBER THREE City Manager Getchell reviewed the purpose of the Tax Increment Reinvestment Zone (TIRZ) Board. Council Member Tompkins motioned to approve the following appointments to the Tax Increment Reinvestment Zone Board Number Three to a two year term expiring January 1, 2019, and name Mayor Linda Martin as Chair of TIRZ Board Number Three. Council Members Mayor Linda Martin, Chairman Linda Eilenfeldt Tim Stinneford Eddie Price Tarrant County Representative Rebecca Barksdale JPS Health Network Representative Scott Rule Tarrant County College District Staff Liaison Mark McClendon Council Member Zimmer seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. Council Minutes Page 11 of 11 December 13, 2016 ITEM NO. 9. APPROVED CITY COUNCIL MINUTES Council Member Price motioned to approve the minutes of the regular meeting of November 22, 2016. Council Member Stinneford seconded the motion. Ayes: Mayor Pro Tem Bynum, Council Members Stinneford, Tompkins, Price, and Zimmer Nays: None Mayor Pro Tem Bynum declared the motion carried. ITEM NO. 8. PUBLIC COMMENTS There were no public comments. ITEM NO. 9. REPORTS City Manager No report given. City Attorney City Attorney Wayne Olson wished everyone a Merry Christmas. City Council Mayor Pro Tem Bynum expressed his appreciation to the City Council and the audience for their support during tonight's meeting. He wished everyone a Merry Christmas and Happy New Year. ITEM NO. 9. ADJOURN Mayor Pro Tem Bynum adjourned the meeting at 7:44 p.m. APPROVED: ATTEST: Li a rtin, ayor i Sutter, TkMC, City Secretary