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HomeMy WebLinkAbout2011-06-28 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL TUESDAY, JUNE 28, 2011 A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:00 p.m. on Tuesday, June 28, 2011, in the Precouncil Conference Room of City Hall, 201 North Ector Drive. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Donna Mickan, Council Members Tim Stinneford, Leon Hogg, Linda Martin, and Perry Bynum. Council Member Glenn Porterfield was present for the 7:00 p.m. regular meeting of the City Council. During the Precouncil meeting: ➢ City Manager Gary McKamie stated that the June 23, 2011, Town Hall meeting was well attended. ➢ Upon her retirement, City Secretary Susan Crim stated that it has been a great experience working for the city for the past 21 years, and she is proud to have been a part of the city. ➢ City Manager McKamie advised the City Council of proposed plans by a group of people to conduct a march down Pipeline Road in an effort to bring awareness to issues related to the Congan people in their native country. ➢ Director of Public Works and Engineering Ron Young provided an update related to the Baze Road reconstruction, including the provisions made to transport students to and from school during the construction period. ➢ Police Captain Gary Landers provided a code update, including sign ordinance enforcement, and the crime prevention program. ➢ Senior Planner Stephen Cook presented a development update, including the status of the construction of Taco Cabana (corner of SH 183 and FM 157), the Airport Freeway Animal Clinic, Glade Parks, and the St. John the Baptist Greek Orthodox Church. ➢ Director of Finance Vicki Rodriquez presented the financial update for the period ending May 31, 2011. ➢ Fleet and Facilities Administrator Kyle McAdams presented an update related to the construction and dedication of the 9-11 Memorial to be located on Ector Drive at the Fire Administration building. ➢ City Manager McKamie reviewed the regular agenda items. CLOSED SESSION The City Council convened into closed session at 6:21 p.m. for deliberation regarding the following: Council Minutes Page 2 of 11 June 28, 2011 - Real property as authorized by Section 551.072 related to: o Lease of City Property (Central Drive and W. Euless Boulevard) - Personnel matters as authorized by Section 551.074 related to: o Zoning Board of Adjustment Appointments The City Council reconvened into open session at 6:40 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. STAFF MEMBERS PRESENT City Manager Gary McKamie Deputy City Manager Loretta Getchell Assistant City Manager Chris Barker City Attorney Wayne K. Olson City Secretary Susan Crim Deputy City Secretary Kim Sutter Director of Parks and Community Services Ray McDonald Finance Director Vicki Rodriquez Director of Public Works and Engineering Ron Young Assistant Police Chief Bob Freeman Marketing/Communications Manager Betsy Deck Texas Star General Manager Glenda Hartsell-Shelton Library Administrator Kate Lyon Human Resources/Risk Administrator Carolyn Marshall Information Services Administrator Dan McLain Fire Marshal Paul Smith Division Chief Dale Skinner Fleet and Facility Administrator Kyle McAdams Public Works Manager J.T. Ackerman Purchasing Manager Mike Lowry Computer Support Specialist Jake Dilliplane Senior Computer Developer Tommy Christopherson Senior Planner Stephen Cook Police Captain Steve Kockos Web Designer Adam Eakins Librarian Donna Gooch Librarian Assistant Carolyn Edge Librarian Assistant Kelly LaBrie Librarian Assistant Paula Myers Police Captain Gary Landers Police Sergeant Brandon Zachary Battalion Chief Darrell Rutledge Fire Captain Keith Smith Fire Captain, Rick Clark Council Minutes Page 3 of 11 June 28, 2011 Fire Lieutenant/Paramedic Chanc Bennett Fire Lieutenant/Paramedic Scott Stamps Firefighter II/Paramedic Irving Alvarado Firefighter II/Paramedic Dustin Benton Firefighter II/Paramedic James Cowger Firefighter/Paramedic Joel Daniel Firefighter II/Paramedic Jerad Gomez Firefighter II/Paramedic Jarrod Goodman Firefighter II/Paramedic Michael Hanks Firefighter II/Paramedic Jeff Hayden Firefighter II/Paramedic Brandon Herron Firefighter/Paramedic Holt Markum Firefighter/Driver/Paramedic Jason Moon Firefighter II/Paramedic Saul Padilla Firefighter/Driver/Paramedic Michael Parks Firefighter li/Paramedic James Rowell Firefighter II/Paramedic Cody Skinner Firefighter II/Paramedic Chris Sutterfield Firefighter II/Paramedic Michael Van Pelt Fire Secretary Melissa Thomas VISITORS Annelle Apple Susannah Christopherson Alfredo Levy David Brown Victoria Christopherson Charlie Miller Sherri Browning Shirley Daily Adan Ocampo Caleb Christopherson Loretta Doty Carolyn Parra Charissa Christopherson Steve Doty Robert Parra David Christopherson Dad Easton Leora Peterson Emily Christopherson Iris Elliott Daniel Satsky Faith Christopherson Tom Hoover Carroll Scott John Christopherson Maksim Kinofziakou Faye Stinneford Josiah Christopherson Zach Knutson Jake Thomasson Luke Christopherson Kourtney LaBrie Paul Wieneskie Pat Christopherson Matai LaBrie Norm Whiteman Sarah Christopherson Michael LaBrie And others as noted in the visitor register. INVOCATION Council Member Perry Bynum 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 JULY Fire Marshal Paul Smith introduced Fire Captain Keith Smith. Keith was accompanied by members of the Fire Department. Council Minutes Page 4 of 11 June 28, 2011 Mayor Saleh presented Keith with a plaque and certificate commemorating his selection as employee of the month for July 2011. ITEM NO. 2. PRESENTATION OF EMPLOYEE SERVICE PINS Library Administrator Kate Lyon introduced Librarian Assistant Kelly LaBrie. Kelly was accompanied by her husband Michael and their children Matai and Kourtney. Mayor Saleh presented Kelly with a pin commemorating her five years of service with the City. Information Services Administrator Dan McLain introduced Senior Computer Developer Tommy Christopherson. Tommy was accompanied by his wife Pat and their children David, Luke, Josiah, Caleb, Emily, Faith, John, Charissa, Victoria, Susannah, and Sarah. Mayor Saleh presented Tommy with a pin commemorating his five years of service with the City. CONSENT AGENDA (items 3 through 6) Council Member Martin motioned to approve Consent Agenda items number 3 through 6. Council Member Bynum seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 3. APPROVED RESOLUTION NO. 11-1367 Approved Resolution No. 11-1367 moving the August 23, 2011, Council Meeting to August 30, 2011. ITEM NO. 4. APPROVED RESOLUTION NO. 11-1368 Approved Resolution No. 11-1368 amending the City of Euless proposed budget calendar for Fiscal Year 2011-2012, including the Crime Control and Prevention District and the Euless Development Corporation Budgets. ITEM NO. 5. APPROVED RESOLUTION NO. 11-1369 Approved Resolution No. 11-1369 establishing a Fund Balance Policy for the City of Euless. ITEM NO. 6. APPROVED CITY COUNCIL MINUTES Approved City Council Minutes of the regular meeting of June 14, 2011. Council Minutes Page 5 of 11 June 28, 2011 r-- REGULAR AGENDA ITEM NO. 7. APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1913 Mayor Pro Tern Mickan motioned to approve Ordinance No. 1913 amending Chapter 82, "Traffic and Motor Vehicles", Article III, "Operation of Vehicle", Section 82-62, "Same — On certain streets and portions of streets", of the Euless Code of Ordinances to remove the street name "Harrington Gardens Parkway" and replace it with "Rio Grande Boulevard" and to establish a speed limit of 30 miles per hour for Rio Grande Boulevard, Loving Trail and Chisholm Trail. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 10-03- SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1914 Mayor Saleh opened the public hearing at 7:18 p.m. Senior Planner Stephen Cook presented the case to the City Council. He advised that the applicant, Adan Ocampo, proposes to renovate the 1,747 square foot structure located at 1600 W. Euless Boulevard by converting the full structure from auto service to a convenience store with fuel sales. The rear building facing Wilshire will remain an auto service. Since approval of the SUP in 2005, Mr. Ocampo has had several issues with maintaining the conditions of the property in relation to nuisance, zoning and the conditions of the Specific Use Permit. In the past nine months, Mr. Ocampo has been working with the Building Inspections and Code Compliance offices to bring the existing conditions of the site into compliance with the City's regulations. Additionally, the Planning and Zoning Commission held a public hearing on June 21, 2011, and recommended approval of the Specific Use Permit with the following conditions: 1. The Specific Use Permit would be tied to the owner: Mr. Adan Ocampo; 2. The Specific Use Permit would be tied to the business names: Adam's Auto Service and Adam's Food Mart; 3. All signage for both businesses specifically would be maintained to be in compliance with the Sign Ordinance of the City of Euless as amended; and, 4. All landscaping as shown on the site plan approved by the Specific Use Permit be installed prior to the issuance of a Certificate of Occupancy for the convenience store. Mayor Saleh asked to hear from any proponents of the case. Council Minutes Page 6 of 11 June 28, 2011 The applicant, Adan Ocampo, 1600 W. Euless Boulevard, Euless, spoke in support of the case. There being no additional proponents wishing to address the City Council, Mayor Saleh asked for any opponents to come forward. There being none, Mayor Saleh closed the public hearing at 7:22 p.m. Council Member Stinneford expressed his concern related to the applicant's noncompliance with the city's sign ordinance. Council Member Martin asked if the property is currently in full compliance with the sign ordinance. Police Captain Gary Landers stated there are some items that need to be addressed. Council Member Stinneford motioned to approve Ordinance No. 1914 for a Specific Use Permit on Oakwood Terrace North Addition, Block 16, Lot AR1 for conversion of Auto Use to Convenience Store in TX-10 (Texas Highway 10 Multi-Use District) zoning, located at 1600 W. Euless Boulevard with the following conditions: 1. The Specific Use Permit would be tied to the owner: Mr. Adan Ocampo; 2. The Specific Use Permit would be tied to the business names: Adam's Auto Service and Adam's Food Mart; 3. All signage for both businesses specifically would be maintained to be in compliance with the Sign Ordinance of the City of Euless as amended; 4. All landscaping as shown on the site plan approved by the Specific Use Permit be installed prior to the issuance of a Certificate of Occupancy for the convenience store; and 5. If the applicant is citied for violation of city sign or crime prevention ordinances after granting of the Specific Use Permit and does not cure the citation(s) within a 30 day period, staff is directed to bring the case before the Planning and Zoning Commission and the City Council for possible revocation of the Specific Use Permit. Mayor Pro Tem Mickan seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Mickan, Council Members Stinneford, Hogg, Porterfield, and Bynum Nays: Council Member Martin Mayor Saleh declared the motion carried. ITEM NO. 9. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 11-07- SUP AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1915 Mayor Saleh opened the public hearing at 7:29 p.m. Senior Planner Cook presented the case to the City Council, and advised that the applicant, Parra Car Care, is seeking to utilize the former National Transmission building located at 209 Council Minutes Page 7 of 11 June 28, 2011 W. Airport Freeway. The business seeks to perform auto repair and maintenance services on cars, light trucks, and vans. The applicant intends to make improvements to the site, including to the parking lot and driveway, landscaping, exterior of structure, signage, and screening, with the knowledge that the site may be subject to Right-of-Way acquisition by the State of Texas for the future expansion of SH 183/Airport Freeway. Additionally, the Planning and Zoning Commission held a public hearing on June 7, 2011, and recommended approval of the Specific Use Permit with the following conditions: 1. The Specific Use Permit is tied to the Business Owner, Mr. Bob Parra; 2. The Specific Use Permit is tied to the Business Name, Parra Car Care; 3. Landscaping in the street yard of the property will be maintained and improved to be in compliance with the standards of the Euless Unified Development Code under Section 84-334; 4. The front parking area, driveway and drive aisle on the west side of the building will be reconstructed with concrete to City Specifications; 5. The screening fence to the rear of the property will be repaired and re-stained; 6. The building will be repainted in accordance with the applicant's intention as stated with their application letter; 7. All signage on the site will be in compliance with the sign ordinance with the Euless Unified Development Code under Section 84-232. The applicant, Robert Parra, was present to address questions regarding the request. Mayor Saleh asked to hear from any proponents followed by opponents of the case. Paul Wieneskie, 204 S. Mesquite, Arlington, spoke in favor of the case on the applicant's behalf. There being no additional proponents wishing to address the City Council, Mayor Saleh asked for any opponents to come forward. There being none, Mayor Saleh closed the public hearing at 7:32 p.m. Council Member Bynum inquired about the possibility of replacing the fence. Paul Wieneskie, representing the applicant, stated that the intent is to repair and restain the existing fence. Council Member Martin expressed her appreciation for the applicant's willingness to invest funds into the property. Council Member Martin motioned to approve Ordinance No. 1915 for a Specific Use Permit on Casa Bonita Addition, Block 1, Lot 2 for Auto Repair and Maintenance Service in TX-10 (Texas Highway 10 Multi-Use District) zoning, located at 209 W. Airport Freeway with the following conditions: 1. The Specific Use Permit is tied to the Business Owner, Mr. Bob Parra; 2. The Specific Use Permit is tied to the Business Name, Parra Car Care; 3. Landscaping in the street yard of the property will be maintained and improved to be in compliance with the standards of the Euless Unified Development Code under Section 84-334; Council Minutes Page 8 of 11 June 28, 2011 4. The front parking area, driveway and drive aisle on the west side of the building will be reconstructed with concrete to City Specifications; 5. The screening fence to the rear of the property will be repaired and re-stained; 6. The building will be repainted in accordance with the applicant's intention as stated with their application letter; and 7. All signage on the site will be in compliance with the sign ordinance with the Euless Unified Development Code under Section 84-232. Council Member Stinneford seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10. HELD PUBLIC HEARING REGARDING PLANNED DEVELOPMENT 11-02-PD AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1916 Mayor Saleh opened the public hearing at 7:35 p.m. Assistant City Manager Chris Barker presented the case to the City Council, and advised that the applicant, Glade 121, LP, is requesting approval of modifications to the Glade Parks Planned Development (PD) zoning district (Ordinance Number 1898) in order to provide 1) Specific lot and design regulations for a single-family residential product within the Neighborhood Residential subdistrict; 2) To modify the alignment of Red River Drive; 3) To provide flexibility on perimeter fencing and screening around the Neighborhood Residential and Urban Residential subdistricts; and 4) To update the associated graphics and exhibits of the Planned Development zoning district to accurately reflect current development goals. Modifications to the approximately 193 acre Glade Parks Planned Development zoning district was recommended for approval by the Planning and Zoning Commission on December 7, 2010, and approved by the City Council on January 11, 2011. He added that, one of the more significant changes to the ordinance at that time is the inclusion of a single- family product within the Neighborhood Residential subzone instead of only a townhome product. Mayor Saleh asked to hear from any proponents followed by opponents of the case. Zach Knutson, Chief Operating Officer, Rubloff Development Group, 4949 Harrison Avenue, Rockford, Illinois, thanked staff and City Council for their dedication and flexibility with this project, and announced that K. Hovnanian Homes has been signed as the residential developer, and JLB Residential is under contract to develop the urban residential district of the development. There being no additional proponents wishing to address the City Council, Mayor Saleh asked for any opponents to come forward. There being none, Mayor Saleh closed the public hearing at 7:44 p.m. Council Minutes Page 9 of 11 June 28, 2011 Mayor Pro Tern Mickan inquired as to the number of floor plans and outside elevations planned for the single family residential development by K. Hovnanian Homes, as well as the ,-. minimum price point, and expressed her concern related to a development with front entry garages and lot widths of 50 feet. Daniel Satsky, K. Hovnanian Homes, 770 Black Forest, Southlake, stated they have eight floor plans and typically three elevations for each floor plan. Additionally, the current average price, based on the models, is $350,000 to $375,000. Mayor Saleh inquired if there would be any two story residences within this project. Daniel Satsky, representing K. Hovnanian Homes, stated that a majority of the homes will be two-story; however the development will include one-story homes. Council Member Bynum motioned to approve Ordinance No. 1916 for a Planned Development of BBB & C RR Survey, A-204, Tracts 5 and 5D; J. Doss Survey, A-441, Tracts 3C, 4A1, 4A1A, 4B, 4B1, 4B2, 4C, 5, 6, 6A, 6A1, 6A2, 6B, 6B1, 6B1A, and 6B2; and J. Havins Survey, A-685, Tracts 2A and 3 from PD1898 (Planned Development 1898) to PD (Planned Development) zoning, located on the west side of Highway 121, between Glade Road and Cheek Sparger Road. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: Mayor Pro Tern Mickan Mayor Saleh declared the motion carried. ITEM NO. 11. HELD PUBLIC HEARING REGARDING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1917 Mayor Saleh opened the public hearing at 7:51 p.m. Senior Planner Cook presented the ordinance to the City Council, and advised that amendments are recommended due to potential right of way acquisition by a governmental agency as a result of projects, such as the North Tarrant Express. He added that the Planning and Zoning Commission held a public hearing on June 21, 2011, and recommended approval of the ordinance. Mayor Saleh asked to hear from any proponents followed by opponents of the case. There being none, Mayor Saleh closed the public hearing at 7:53 p.m. Council Member Stinneford motioned to approve Ordinance No. 1917 amending Article Ill "Nonconformance" of Chapter 84 "Unified Development Code" to provide for an exemption from development regulations where noncompliance with the regulations is caused by acquisition of right-of-way by a governmental agency. Council Minutes Page 10 of 11 June 28, 2011 Mayor Pro Tern Mickan seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12. APPROVED SITE PLAN NO. 10-04-SP Senior Planner Cook presented the case to the City Council, and advised that the request includes the addition of a 5,000 square foot masonry structure with a stucco finish to be utilized as a training facility. He added that the Planning and Zoning Commission recommended approval of the request. Norm Whiteman, owner, and Tom Hoover, representing the applicant, were present to address questions regarding the request. Council Member Bynum asked if there would be facia on the edges of the roof structure. Norm Whiteman responded that the structure will have facia and a cover. Council Member Hogg motioned to approve Site Plan No. 10-04-SP for a Commercial Development proposed to be located on Allen M. Downen Survey, A-415, Tract 4B3, 1020 S. Industrial Boulevard. Council Member Stinneford seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13. AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PHASE II DEVELOPMENT AGREEMENT Mayor Pro Tern Mickan motioned to authorize the City Manager to negotiate and execute a Phase II Development Agreement with Glade 121, L.P. specifying the responsibilities of each party as it relates to public improvements approved in the TIRZ #3 Project and Financing Plan. Council Member Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Council Minutes Page 11 of 11 June 28, 2011 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14. BOARD AND COMMISSION APPOINTMENT Council Member Hogg motioned to appoint David Brown to serve as a member of the Zoning Board of Adjustment with an expiring term of December 31, 2011. Council Member Stinneford seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, Porterfield, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15. PUBLIC COMMENTS Charlie Miller, 608 Creekside Drive, Euless, expressed his appreciation to retiring City Secretary Susan Crim for her years of service. ITEM NO. 16. REPORTS City Attorney City Attorney Wayne Olson recognized retiring City Secretary Susan Crim and stated that she will be greatly missed. City Manager City Manager McKamie acknowledged Brandon Zachary and his recent promotion to Police Sergeant. Additionally, he expressed his appreciation to retiring City Secretary Susan Crim for her dedication and wished her well in her retirement. City Council Mayor Saleh stated that retiring City Secretary Susan Crim will be missed and welcomed incoming City Secretary Kim Sutter. ITEM NO. 17. ADJOURN Mayor Saleh adjourned the meeting at 8:05 p.m. APPROVED: ATT Mary Lib Saleh Ki . Su er, TRMC Mayor City Secretary