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HomeMy WebLinkAbout2004-11-23 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 23, 2004 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:05 p.m. on Tuesday, November 23, 2004, in the precouncil room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tem Glenn Porterfield, Council Members Carl Tyson, Leon Hogg, Linda Martin, Charlie Miller, and Veva Lou Massey. The precouncil meeting included a discussion led by Fire Chief Lee Koontz on the proposed purchase of a fire truck; a report from Director of Economic Development Bill Ridgway regarding Comcast's desire to enter into negotiations for their franchise agreement that is due to be renewed in 2007; and a review of agenda items. Closed session was held to discuss the Harrington Property litigation; the purchase of Pipeline Road right-of-way; and the municipal court judge evaluation, as authorized by Sections 551.071, 551.072, and 551.074 of the Texas Government Code. ''` COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:10 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Paul Wieneskie, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Planning and Development Mike Collins, Fire Chief Lee Koontz, Police Chief Leonard Carmack, Director of Public Works Ron Young, Director of Economic Development Bill Ridgway, Director of Parks and Community Services Ray McDonald, City Engineer Robert Barker, Fleet & Facilities Administrator Kyle McAdams, Utility Billing Manager J. T. Ackerman, Texas Star General Manager Glenda Hartsell-Shelton, Planning and Development Manager Eric Wilhite, Public Works Manager Chris Barker, Library Administrator JoAnn Rogers, Recreation Manager Suzanne Hendrickson, Graphic Artist Jeff Towne, Information Services Manager Dan McLain, Computer Services Specialist Kim Ross, Communications/Marketing Manager Betsy Boyett, and Police Reserve Officer Clyde Cullum. VISITORS Mark Jobe, Amy Towne, Carol and Steve Towne, Boyce Byers, Walter Leonard, Don Harrington, Gary Moates, David Bostick, David Cox, Carl Eats, Lester Day, Bob Trainham, Patti Griffith, David Prater, Waid Benson, Stan Miller, Jim [man, Helen Voss, City Council Minutes Page 2 of 9 November 23, 2004 Carroll Scott, Billy Owens, Keith Eggers, Alex Horton, Gregg Black, Mike Utzman, and other visitors as noted in the visitor register. INVOCATION Reverend Mark Jobe, Life Outreach International, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Miller led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR DECEMBER Director of Parks and Community Services Ray McDonald introduced Graphic Artist Jeff Towne, his wife, Amy, and parents, Carol and Steve. Mayor Saleh presented Jeff with a plaque for being selected employee of the month for December. REGULAR AGENDA ITEM NO. 2 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-13-SUP AND DENIAL OF ORDINANCE NO. 1670 Mayor Saleh opened the public hearing at 7:18 p.m. for Specific Use Permit No. 04-13- 44N., SUP for a Goodwill Industries retail store on a portion of Lot 4, Block 1, Century Plaza Addition, in C-2 (Community Business District) zoning located at the 1200 block of North Main Street. Director of Planning and Development Mike Collins stated Goodwill Industries of Fort Worth is requesting to build a Goodwill Super Center on a 2.45 acre tract currently zoned C-1 (Neighborhood Business District) just north of the 990 Only store. He noted that selling used merchandise requires a specific use permit and would be allowed in C- 2 zoning. The primary donation drop-off is proposed to be located towards the northeast portion of the site, with a masonry fence extending from the north wall to screen the drop-off from North Main Street. The building elevations will be concrete panels with textured paint finish using brick wainscot along the bottom portion. The applicant proposes an enhanced landscape plan that exceeds the minimum landscape requirements. Elements of the plan are consistent with that being used on the new Main Street landscape. A zoning change to C-2 is also being considered concurrently with this specific use permit. He stated that the Development Review Committee (DRC) has determined that the application is in substantial compliance with all technical requirements. However, the DRC recommends denial based on its belief that the property should not be rezoned from C-1 to C-2. The inability of the owner/operator of the store to adequately control when and where the public will drop off items would create an ongoing code enforcement issue that would negatively impact the overall appearance of Main Street and adversely affect future retail development in the area. The Planning and Zoning Commission recommended denial. City Council Minutes Page 3 of 9 November 23, 2004 Mayor Saleh asked for any proponents. David Cox, director of retail and marketing for Goodwill Industries, 4005 Campus Drive, Fort Worth, Texas, 76119, stated that the retail stores generate $1.4 billion in revenues worldwide. The retail stores, which include a café, support missions. The proposed store would create over 30 jobs and $100,000 sales tax revenue annually. David Bostick, CEO for Goodwill Industries, 4005 Campus Drive, Fort Worth, Texas, 76119, stated they will do whatever it takes to keep the property in pristine condition. He stated they are willing to have someone on-site 24 hours a day to make sure that donations are picked up from outside. Carl Eats, 3500 Tourist Drive, Fort Worth, Texas, 76117, did not speak, but registered as being in favor of the request. Lester Day, 3461 N. Riley Place, Hurst, Texas, 76054, stated that the Goodwill store would work well in the area. Mayor Saleh asked for any opponents. Bob Trainham, 1313 Roundtree, Euless, Texas, stated he did not like the 99¢ Only store and the 18-wheeler parked on the parking lot, and stated he was also opposed to the zoning change for the Goodwill store. Patti Griffith, 1804 N. Main Street, Euless, Texas, stated she was against the store and that it did not fit with the neighborhood and what is being done on North Main Street. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:35 p.m. Council Member Miller motioned to deny Ordinance No. 1670 for Specific Use Permit No. 04-13-SUP on a portion of Lot 4, Block 1, Century Plaza Addition, for a Goodwill Industries retail store in C-2 (Community Business District) zoning located at the 1200 block of North Main Street. Council Member Martin seconded the motion. Council Member Miller stated that Goodwill is an excellent organization, but that he does not want to rezone the property on North Main Street. He noted that the stores on Pipeline and Rufe Snow are nice locations; however, the location proposed in Euless is at an intersection and he hopes to see more office spaces in that area. He stated that the current zoning of C-1 is the best use of the land. Council Member Martin stated that she has shopped at Goodwill, but did not feel it was a good fit for that area. Mayor Saleh stated that Goodwill is good for our city, but believed that there were locations better suited. City Council Minutes Page 4 of 9 November 23, 2004 Ayes: Mayor Saleh, Council Members Tyson, Martin, Miller, and Massey rr. Nays: Mayor Pro Tern Porterfield and Council Member Hogg Mayor Saleh declared the motion carried. ITEM NO. 3 PUBLIC HEARING FOR ZONING CASE NO. 04-03-ZC AND DENIAL OF ORDINANCE NO. 1669 Mayor Saleh opened the public hearing at 7:40 p.m. for Zoning Case No. 04-03-ZC changing the zoning on a portion of Lot 4, Block 1, Century Plaza Addition, from C-1 (Neighborhood Business District) zoning to C-2 (Community Business District) zoning. Mayor Saleh asked if anyone wanted to speak on this item. There being none, Mayor Saleh closed the public hearing at 7:41 p.m. Council Member Martin motioned to deny Ordinance No. 1669 for Zoning Case No. 04- 03-ZC changing the zoning on a portion of Lot 4, Block 1, Century Plaza Addition, from C-1 (Neighborhood Business District) zoning to C-2 (Community Business District) zoning. Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Council Members Tyson, Martin, Miller, and Massey Nays: Mayor Pro Tern Porterfield and Council Member Hogg Mayor Saleh declared the motion carried. ITEM NO. 4 SITE PLAN NO. 04-06-SP Site Plan No. 04-06-SP for a Goodwill Industries retail store on a portion of Lot 4, Block 1, Century Plaza Addition was not considered due to the specific use permit and zoning change being denied. ITEM NO. 5 PUBLIC HEARING REGARDING UNIFIED DEVELOPMENT CODE CASE NO. 04-05-UDC AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1667 Mayor Saleh opened the public hearing at 7:42 p.m. for Unified Development Code Case No. 04-05-UDC amending Chapter 84 Unified Development Code of the Code of Ordinances repealing the current Article VI "Signs and Street Graphics Regulations" and replacing same with a new Article VI "Signs and Street Graphics Regulations." Director of Planning and Development Mike Collins stated that the current ordinance establishes that any number of wall signs are permitted as long as it does not exceed 20% of the wall elevation, not including windows and doors. The proposed amendment would establish that wall signs not exceed 30% of the wall elevation, with windows and doors, banners, painted window signage, interior window signage, and neon tubing City Council Minutes Page 5 of 9 November 23, 2004 attached directly to the wall being included as part of the total wall elevation coverage. This form of signage produces the most on-site visual clutter and contributes to an overall negative appearance. Mike Collins stated the current ordinance also defines banner signs as signs intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fiber of any kind. All signs are to be maintained in good repair and proper state of preservation with the display surface kept neatly painted or posted at all times. The proposed amendment would clarify the conditions under which banner signs can be used. The city views the use of banners as temporary signs when they are included as permissible signs not requiring permits in Section 84-238 or approved as part of a special event permit. Currently, the ordinance establishes that parkway signs are permitted from noon on Friday through noon on Monday. The proposed amendment would extend this period from Friday morning until the end of the business day on Monday and will establish the size of the sign. Other amendments include creating a new permanent on-premise sign category for corporate flags; allowing four special event sign permits a year for 14 days per permit, with at least 30 days in between, at a cost of$40 per permit; allowing balloons less than 24" in diameter in multi-family areas; allowing four garage sale signs instead of one; establishing that no more than 40% of the sign face of an electronic message sign can __ be comprised of the electronic message and the message must appear in its entirety and remain static with no change for at least fifteen seconds; and repealing Section 84- 447 "Right-of-Way and Easement Usage Requirements." There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:52 p.m. Mayor Pro Tem Porterfield motioned to approve the first and final reading of Ordinance No. 1667 amending Chapter 84 Unified Development Code of the Code of Ordinances repealing the current Article VI "Signs and Street Graphics Regulations" and replacing same with a new Article VI "Signs and Street Graphics Regulations. Council Member Miller seconded the motion. Council Member Hogg asked for an amendment to remove parkway signs altogether, and requested banners be temporary for 14 days. Mayor Pro Tem Porterfield amended his motion to keep parkway signs as it is currently in the ordinance being allowed from noon on Friday to noon on Monday, and to include banners as part of the special event signage permit. Council Member Miller agreed to the amendments. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Hogg, Martin, Miller, and Massey City Council Minutes Page 6 of 9 November 23, 2004 Nays: Council Member Tyson Mayor Saleh declared the motion carried. ITEM NO. 6 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1668 Director of Planning and Development Mike Collins stated that the special event sign permit fee is being amended to $40.00 per event. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1668 amending Chapter 30 "Fees" of the Code of Ordinances, Section 30-39 "Planning and Zoning Fees." Mayor Pro Tern Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. r„. ITEM NO. 7 DENIAL OF TEMPORARY USE PERMIT NO. 04-13-CC Mayor Saleh stated that even though this item is not a public hearing, several people have signed up to speak and they will be allowed to do so. Walter Leonard, One Summit Avenue, Suite 1010, Fort Worth, Texas, 76102, attorney for Don Harrington, gave the background of the Harrington property and its legal issues. He noted that Don has moved out and is not currently living there, and the property has been cleaned up. He stated they were asking for a temporary use permit to allow Don Harrington to live in the manufactured home for about two years and to use it as the farm headquarters, sales office, and to provide security while seeking buyers for the property. He stated they are willing to landscape and put up a privacy fence and skirting. Jim !man, P. O. Box 100817, Fort Worth, Texas, 76185, stated that he is in corporate finance and is negotiating a contract with an investor group to acquire the property. He stated it will take 6 to 12 months. He stated that the manufactured home needs to be there as a future construction site headquarters. Don Harrington, 4000 Heritage Avenue, requested that the permit be granted in order to promote the property for development. Stan Miller, P. O. Box 8, Arlington, Texas, spoke in favor of the request, stating that he is one of the financiers. City Council Minutes Page 7 of 9 November 23, 2004 Waid Benson, 4000 Heritage, Colleyville, Texas, stated that he was in favor of the `r► request, but did not wish to speak. David Prater, 3132 Bryan Avenue, Fort Worth, Texas, 76110, stated that he did not wish to speak, but that everyone else's comments served as his. Council Member Miller motioned to deny Temporary Use Permit No. 04-13-CC for a manufactured home to be used as farm headquarters, sales and marketing, and security office located on Tract 2, John H. Havins Survey, A-685, near 2800 Heritage Avenue. Council Member Hogg seconded the motion. Council Member Miller asked who owned the property on the other side of Heritage Avenue. Mr. Leonard noted it was the same owner. City Manager Joe Hennig stated that Don Harrington had told him he was staying there a couple of nights a week. Mr. Leonard stated that he has stayed in a motor home at times. Mr. Hennig stated that he has never been able to determine who is executor of the property. Mr. Leonard stated that he can provide a document showing that Don Harrington is executor of the property. Mr. Hans Smith gave additional background of the property, and stated that his mother is executrix of the property. Don Harrington then stated he is executor of his brother Paul Harrington's will. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, and Miller Nays: Council Member Massey Mayor Saleh declared the motion carried. ITEM NO. 8 SPECIAL EXCEPTION TO MASONRY REQUIREMENT FOR EXISTING STRUCTURE PROPOSED FOR NON-RESIDENTIAL USE Special exception to masonry requirement for existing structure proposed for non- residential use located on Tract 2, John H. Havins Survey, A-685, near 2800 Heritage �` Avenue was not considered since the temporary use permit was denied. City Council Minutes Page 8 of 9 November 23, 2004 ITEM NO. 9 SPECIAL EXCEPTION TO LIGHTING REQUIREMENT FOR EXISTING STRUCTURE PROPOSED FOR NON-RESIDENTIAL USE Special exception to lighting requirement for existing structure proposed for non- residential use located on Tract 2, John H. Havins Survey, A-685, near 2800 Heritage Avenue was not considered since the temporary use permit was denied. ITEM NO. 10 APPROVAL OF CITY COUNCIL MINUTES Council Member Hogg motioned to approve the minutes of the Regular City Council Meeting of November 9, 2004. Council Member Miller seconded the motioned. Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin, Miller, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC COMMENTS .,`. There were no public comments. ITEM NO. 12 REPORTS CITY MANAGER City Manager Joe Hennig stated that staff is waiting for the permanent monument sign for the 99¢ Only store to be installed, and once it has been, the trailer will be removed. He invited everyone to the Christmas parade on December 4, and the Heritage Park Christmas on December 11. He also stated the city is sponsoring the R & R program at the airport December 6 through 12, for returning soldiers and invited everyone to come out in support of the troops. CITY ATTORNEY City Attorney Paul Wieneskie stated he appreciated being at the meeting. CITY COUNCIL Council Member Martin congratulated Jeff Towne for being selected employee of the month. Council Member Hogg thanked all the employees of the city for their good work. Council Member Tyson also congratulated Jeff Town and all the employees. City Council Minutes Page 9 of 9 November 23, 2004 `W"- Council Member Massey congratulated Jeff Towne. She reported that she attended the board & commission dinner and thanked those who participated. She stated the senior holiday lunch had a great attendance and thanked North Main Barbeque for sponsoring on the event. She stated she participated in the public school reading event and read a book to the second grade class at Wilshire Elementary. She wished everyone a happy and safe Thanksgiving. Mayor Pro Tern Porterfield also congratulated Jeff Towne. Council Member Miller congratulated Jeff Towne. He stated he attended the senior holiday lunch with a wonderful group of people. He attended the board & commission dinner and commended Council Member Massey for chairing the volunteer of the year committee, stating she did a wonderful job. He also thanked all the volunteers and said the city could not accomplish what it does without them. Mayor Saleh stated she received a letter of appreciation from Mrs. Willie Mae McCormick for receiving the lifetime contribution award for volunteerism at the board & commission dinner. She had the opportunity to participate in the public school reading program and read to a group of third graders. She encouraged the audience to sign up for the airport R & R event during Euless' week. She wished everyone a great Thanksgiving. ITEM NO. 13 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:45 p.m. APPROVED: Mary Lib S`leh, Mayor ATTEST: l% v/ �!u Susan Crim, ( MC, City Secretary Neer