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Home My WebLink About2007-01-09 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL JANUARY 9, 2007 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, January 9, 2007, in the Precouncil Conference Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Saleh, Mayor Pro Tem Linda Martin and Council Members Carl Tyson, Leon Hogg, Charlie Miller, Glenn Porterfield, and Michael Brown. The precouncil meeting included an update on Gator's Sports Bar and Grill site plan by Director of Planning and Development Mike Collins; a briefing on Community Development Block Grant (CDBG) proposals by Director of Planning and Development Mike Collins, Director of Public Works Ron Young, and City Manager Joe Hennig; an update of the Allied Waste strike by Director of Economic Development Bill Ridgway; and a review of agenda items. The city council convened into closed session at 5:43 p.m. for deliberation of pending litigation, deliberation of personnel matters regarding legislative contract, and economic development incentives regarding Glade Park development as authorized by Sections 551.071, 551.074 and 551.087 of the Texas Government Code. The city council reconvened into open session at 6:51 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 the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Economic Development Bill Ridgway, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Director of Public Works Ron Young, Interim Police Chief Bob Freeman, Fire Chief Lee Koontz, Assistant Police Chief Harland Westmoreland, City Engineer Robert Barker, Police Lt. Steve Kockos, Police Lt. Joe Kraft, Administrative Patrol Sgt. David S. Chaney, Police Sgt. Gary Landers, Police Sgt. Ron Williamson, Senior Police Officer Mark Harris, Senior Police Officer Gene Haywood, Texas Star General Manager Glenda Hartsell-Shelton, Fleet and Facility Administrator Kyle McAdams, Public Works Manager J. T. Ackerman, Planning and Development Manager Chris Barker, Building Official Kurt Kasson, Library Administrator Kate Lyon, Human Resources/Risk Administrator Carolyn Marshall, GIS Manager David Allen, Fire Inspector Vernon Council Disposition Page 2 of 8 January 9, 2007 Gilmore, Fire Inspector Ken Rawlinson, Fire Secretary Melissa Thomas, Golf Course Superintendent Scott Boven, Assistant Golf Course Superintendent Patrick Voss, Administrative Secretary Diana Ryan, Information Services Administrator Dan McLain, Computer Services Specialist Brett Bennett, and Reserve Police Officer Clyde Cullum. VISITORS Alex and Ethan Rawlinson, Julie Voss, Nancy Kraft, Brandy and Ryan Reed, Melanie, Cheyenna and Jay Roman, Betty and Elizabeth Haywood, Stephanie, Cade, and Camden Harris, Larry & Carol Pearce, Kim Ross, Thomas Picket, Faye and Tim Stinneford, Boyce Byers, Carroll Scott, Jake Thomasson, and others as noted in the visitor register. INVOCATION Reverend Thomas Picket, New Hope Christian Fellowship, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Carl Tyson led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE YEAR FOR 2006 Assistant City Manager Loretta Getchell and Information Services Administrator Dan McLain introduced GIS Manager David Allen, and Mayor Saleh presented David with a plaque for being selected employee of the year for 2006. ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS Director of Planning and Development Mike Collins, Building Official Kurt Kasson, and Fire Chief Lee Koontz introduced Fire Inspector Ken Rawlinson, his wife, Alex, and son Ethan. Texas Star General Manager Glenda Hartsell-Shelton and Golf Course Superintendent Scott Boven introduced Assistant Golf Superintendent Patrick Voss and his wife, Julie. Interim Police Chief Bob Freeman introduced Senior Police Officer Mark Harris, his wife, Stephanie, and sons, Cade and Camden; Police Lt. Joe Kraft, his wife, Nancy, daughter and son-in-law, Brandy and Ryan Reed, and daughter and son-in-law, Melanie and Jay Roman and, granddaughter, Cheyenna Roman; and Senior Police Officer Gene Haywood, his wife, Betty, and daughter, Elizabeth. Mayor Saleh presented Ken Rawlinson and Patrick Voss with 5-year service pins, Mark Harris with a 10-year service pin, Joe Kraft with a 20-year service pin, and Gene Haywood with a 25-year service pin. CONSENT AGENDA Mayor Pro Tem Martin motioned to approve Consent Agenda items numbered 3, 4, and 6. Council Member Brown seconded the motion. Council Disposition Page 3 of 8 January 9, 2007 '•• Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 3. AUTHORIZED CITY MANAGER TO SEEK BIDS FOR DEPOSITORY SERVICES Authorized the city manager to seek bids for depository services. ITEM NO. 4 APPROVAL OF INTERLOCAL AGREEMENT WITH NCTCOG Approved an interlocal agreement with North Central Texas Council of Governments (NCTCOG) for the Clean Fleet reimbursement grant program. The grant amount received is $143,232.00 for the replacement of 10 vehicles with $35,808.00 in matching funds from the city, bringing the total amount to use for purchase of replacement vehicles to $179,040.00. ITEM NO. 6 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of December 12, 2006. REGULAR AGENDA ITEM NO. 5 APPROVAL OF RESOLUTION NO. 07-1236 Council Member Porterfield motioned to approve Resolution No. 07-1236 declaring Euless property located in Bedford at Lot 2R, Block 13, Oak Ridge Estates, as excess and authorized the city manager to seek and accept sealed bids for not less than $189,000 for the sale of the property. Council Member Brown seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Hogg, Porterfield, and Brown Nays: Council Members Tyson and Miller Mayor Saleh declared the motion carried. ITEM NO. 7 CONSIDERATION OF SPECIFIC USE PERMIT NO. 06-17-SUP AND ORDINANCE NO. 1767 Mayor Saleh noted that the applicant had withdrawn the request for Specific Use Permit No. 06-17-SUP for a four-story, extended stay hotel, Value Place, on Tracts 4D, 4F, and 4F1, Levy Franklin Survey, A-513, zoned 121 Gateway District on the southeast corner Council Disposition Page 4 of 8 January 9, 2007 of Centurion Boulevard and the northbound SH 121 frontage road, north of Mid-Cities Boulevard. ITEM NO. 8 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-20-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1769 Mayor Saleh opened the public hearing at 7:39 p.m. for Specific Use Permit No. 06-20- SUP on a portion of Tract 5B1, Bryant Harrington Survey, A-808, for Smoothie King with a drive-through, in TX-121 (The 121 Gateway District) zoning, located at 2750 SH 121. Planning and Development Manager Chris Barker stated that Smoothie King would occupy an end cap lease space in Building #17 at the Shops at Vineyard Village. Mayor Saleh asked for any proponents. Tom Winn, applicant's agent, 1848 Norwood Drive, Hurst, Texas, 76054, spoke in favor of the request, and noted that this will be the first Smoothie King in Tarrant County with a drive-through. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:41 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1769 on a portion of Tract 5B1, Bryant Harrington Survey, A-808, for Smoothie King with a drive-through, in TX-121 (The 121 Gateway District) zoning, located at 2750 SH 121, with the condition that it be tied to Smoothie King. Mayor Pro Tern Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 9 CONCLUDED A PUBLIC HEARING FOR AMENDMENT TO UNIFIED DEVELOPMENT CODE NO. 06-02-UDC AND APPROVED FIRST READING OF ORDINANCE NO. 1764 Mayor Saleh continued the public hearing at 7:45 p.m. for amendment to the Unified Development Code No. 06-02-UDC, amending Chapter 84 "Unified Development Code", Section 84-181, "Exterior Façade Requirements," of the Code of Ordinances. Director of Planning and Development Mike Collins stated the objective of the recommended changes is to provide an opportunity for the applicant to use building materials for an expansion or remodeling of an existing structure in a manner that would be consistent with its current masonry content and that would maintain the diversity and Council Disposition Page 5 of 8 January 9, 2007 character of the surrounding neighborhood. The Unified Development Code currently ... requires 90% masonry for new residential developments. If an applicant proposes to complete an addition to the existing residential structure, the new addition must meet the 90% masonry requirement. If an applicant proposes remodeling of the existing residential structure representing over 50% of its current value, the entire structure would need to meet the 90% masonry requirement. The UDC establishes acceptable masonry facade materials. During discussions on residential masonry requirements, information was presented on fiber cement board. This type of building material could be used in specific applications for exterior facade construction and would meet all applicable fire codes. There was also recognition that there are physical characteristics and conditions unique to specific tracts of land with existing structures and acknowledgement of the fact that the UDC currently enables the Zoning Board of Adjustments (ZBA) to consider these unique situations and grant exceptions to site development standards. This amendment would enable the building official to make a determination based on the same criteria used by the ZBA. The provision requiring the Building Official to notify all property owners within 200 feet of the applicant's property presents an opportunity to contact the building official directly with any questions or concerns. Should the city receive written protest from 20% of those notified, the determination to approve the proposal would then go to the city council. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:50 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1764 amending Chapter 84 "Unified Development Code", Section 84-181, "Exterior Facade Requirements," of the Code of Ordinances. Mayor Pro Tern Martin seconded the motion. Council Member Miller stated that he believed the problem Planning and Zoning Commission had with the ordinance is that they thought it should go to the Zoning Board of Adjustment instead of the building official. He asked if 20% of those notified protested the building official's ruling, does it go to the city council or the Zoning Board of Adjustment, and does the property owner have the right to go to the Zoning Board of Adjustment instead of the building official? Director of Planning and Development Mike Collins stated that under the proposed ordinance, should the city receive written protest from 20% of those notified, the determination to approve the proposal would then go to the city council. After additional discussion, City Attorney Bob McFarland stated that he is not sure that the Zoning Board of Adjustment can grant variances to the exterior facade requirements, but that he would need to review it further. He also noted that changes to the Unified Development Code do not require a super majority vote if the Planning and Zoning Commission recommends denial. The super majority vote is only required if the recommended denial is for a specific piece of property. Council Disposition Page 6 of 8 January 9, 2007 ... Director of Planning and Development Mike Collins asked for clarification that the ordinance wording being approved includes the items numbered (4)c. 1., 2., and 3. in the changes distributed during the discussion. Council Member Hogg agreed that it did. Council Member Miller requested an amendment to include that an exception granted be based on information provided by a registered structural engineer or licensed architect, and that the literal enforcement of the masonry required would create unnecessary hardship other than financial. Council Member Hogg and Mayor Pro Tern Martin agreed to the amended motion to approve the first and final reading of Ordinance No. 1764 amending Chapter 84 "Unified Development Code", Section 84-181, "Exterior Facade Requirements," of the Code of Ordinances, with the amendment to Subsection (a) (4) a. to read as follows: The Building Official finds that literal enforcement of the masonry requirements will create unnecessary hardship because of extraordinary or exceptional physical condition(s) or situation(s), other than financial hardship(s), unique to the specific piece of property. Such an exception would be granted based on information provided by a registered structural engineer or licensed architect. Exceptions approved by the Building ,,�■ Official shall be in effect for only the structure specifically authorized by the Building Official and shall become null and void should no building permit be issued within 90 days or should the building permit for the specific structure expire. Ayes: Mayor Pro Tern Martin, Council Members Hogg, Miller, and Brown Nays: Mayor Saleh, Council Members Tyson and Porterfield Mayor Saleh declared the motion carried. Mayor Saleh noted that Ordinance No. 1764 will require a second reading on January 23, due to the lack of five affirmative votes. ITEM NO. 10 APPROVAL OF RESOLUTION NO. 07-1237 Council Member Tyson motioned to approve Resolution No. 07-1237 urging the 80th Texas Legislature to support certain Legislative transportation issues. Mayor Pro Tem Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Porterfield, and Brown Nays: Council Member Miller Council Disposition Page 7 of 8 January 9, 2007 Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC COMMENTS There were no public comments. ITEM NO. 12 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig stated he was amazed at the council and staff's endurance and thanked them for all they do for the citizens. CITY ATTORNEY City Attorney Bob McFarland had nothing to report. CITY COUNCIL Council Member Brown thanked all the employees receiving their service pins tonight, noting that he served with a lot of them. He stated the city is fortunate to have dedicated professionals who serve every day. He congratulated David Allen on being selected employee of the year for 2006, and stated David provides a tremendous service for our city and the entire region. Council Member Porterfield congratulated David Allen and the other employees recognized. He stated it is always encouraging to see how long term many employees are, stating that citizens get better service. Council Member Miller congratulated David Allen. He stated it is nice to see the development that is going in the old Food Lion building after the city made a tough decision regarding a request a few years ago. Mayor Pro Tem Martin congratulated David Allen and stated she was fortunate enough to be at Tarrant County College when David was recognized by his peers. She congratulated all the employees who exhibit a great amount of stamina and patience. She stated 2007 is going to be a great year for employees and citizens. She thanked everyone for being at the meeting. Council Member Hogg thanked all the employees and wished everyone a Happy New Year. Council Member Tyson congratulated the employees receiving service pins and David Allen stating it is a great honor for David. He wished everyone a Happy New Year. Council Disposition Page 8 of 8 January 9, 2007 Mayor Saleh commended the citizens who wrote in regarding the proposed hotel. She wished everyone a good New Year and rest of January. ITEM NO. 13 CLOSED SESSION Mayor Saleh convened the regular meeting into Closed Session at 8:25 p.m. ITEM NO. 14 ADJOURNMENT Mayor Saleh reconvened the meeting into Regular Session and adjourned the meeting at 9:22 p.m. APPROVED: • . ./Pii ,- .-.- f Lib Saleh / Mayor ATTEST: i-- usan Cri , TRMC City Secretary