Loading...
HomeMy WebLinkAbout2020-04-14 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL Tuesday, April 14, 2020 A regular meeting of the Euless City Council was called to order by Mayor Linda Martin at 4 : 33 p . m . on Tuesday , April 14 , 2020 , in the Council Chambers of City Hall , 201 North Ector Drive . Mayor Linda Martin was present in the Council Chambers , Mayor Pro Tern Jeremy Tompkins , Council Members Tim Stinneford , Eddie Price , Perry Bynum , Harry Zimmer, and Salman Bhojani were present via video conferencing . During the Precouncil meeting : ➢ City Manager Loretta Getchell reviewed the regular agenda . Discussion ensued regarding summer programs in response to the current COVID- 19 pandemic . ➢ Emergency Management Coordinator Suzanne Hendrickson provided an update regarding the COVID- 19 pandemic , including the current statistics worldwide , statewide , and locally ; available testing ; projections ; and preliminary recovery plans . She reviewed the current Emergency Declarations and Executive Orders issued by Texas Governor Greg Abbott , Tarrant County , and the Texas Department of State Health Services . Additionally, Ms . Hendrickson advised of efforts enacted by each city department to mitigate the spread of the virus . Discussion ensued regarding the City' s Personal Protective Equipment needs , small business needs in the City , and plans for returning to normal activities . ➢ Deputy City Manager Chris Barker provided the Oncor Distribution Cost Recovery Factor ( DCRF ) case filing update and advised that Oncor is seeking a system wide increase of $75 . 9 million , an approximate $ 0 . 88 increase to the average residential customer' s monthly bill . He advised that a resolution to deny the amendment to the DCRF will be presented for City Council consideration at the April 28 , 2020 City Council meeting . The denial will then allow the consultants additional time to review and evaluate the filing . ➢ City Manager Getchell provided a Financial update in the wake of the COVID- 19 pandemic and advised that current projections indicate a $4 million shortfall in the General Fund through the end of FY2020 . She advised of steps that have been taken to address the projected shortfall , including departmental budget cuts , freezing 12 vacant employee positions , modifications to the city' s mowing contract , cancellation of special events , delayed opening of the aquatic park , evaluation of summer camps , and suspension of Wilshire Park renovations . She further outlined the financial impact to the Crime Control and Prevention District and the Euless Development Corporation budgets , as well as to the hotel occupancy taxes , and car rental fund . Council Minutes Page 2 of 11 April 14, 2020 Additionally , Ms . Getchell referenced the $ 700 , 000 tax note that was approved as part of the FY2020 budget , and stated that staff is proposing an additional $ 380 , 000 to be u sed toward the demolition of the existing fire station , and set up for the temporary station for a total of $ 1 , 080 , 000 . She stated that the tax sale will take place within the n ext 30 days and will be considered by the City Council at an upcoming meeting . CLOSED SESSION The City Council convened into closed session at 5 : 43 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 : • Riverwalk Planned Development The purchase , exchange , lease or value of real property as authorized by Section 551 . 072 of the Texas Government Code related to : • 501 West Harwood Road • 1400 South Pipeline Road • S . W . Mills Subdivision Mayor Martin recessed closed session at 6 : 50 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 Loretta Getchell Deputy City Manager Chris Barker City Attorney Wayne Olson (via video conferencing ) City Secretary Kim Suffer Director of Information Services Scott Joyce VISITORS VIA VIDEO CONFERENCE Art Anderson Tim Coltart Spencer Long Richard Myers Alex Olk Jason Portilla INVOCATION Council Minutes Page 3 of 11 April 14, 2020 Deputy City Manager Chris Barker gave the invocation . PLEDGES OF ALLEGIANCE Mayor Linda Martin led the pledges of allegiance to the flags of the United States and Texas . CONSENT AGENDA (items 1 through 5) 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 1 through 5 . Mayor Pro Tem Tompkins seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Tompkins , Council Members Stinneford , Price , Bynum , Zimmer , and Bhojani Nays : None Mayor Martin declared the motion carried . ITEM NO . 1 . APPROVED RENEWAL OF BID NO . 008 -19 Approved renewal of Bid No . 008 - 19 for the annual contract for concrete repairs to T . J . Concrete , 3325 Panola Avenue , Fort Worth , Texas . The bid provides for various types of concrete work to include , but not be limited to flat work , curb and gutter , ADA ramps , driveways and drive approaches . The quantities and/or total dollar amounts are based on estimates . The original contract was awarded in April 2019 with an initial term of one year with an option for four one -year renewals . This represents the first of these renewals . The estimated expenditure is $250 , 000 . ITEM NO . 2 . APPROVED AWARD OF BID NO . 005 -20 Approved award of Bid No . 005-20 for the purchase of plant protectants and fertilizers to be used at Texas Star Golf Course , The Parks at Texas Star, and various other City parks and properties with an estimated expenditure of $ 103 , 000 as follows : • Winfield United , 1221 Champion Circle # 107 , Carrollton , Texas — Fungicide items #4 ; • Helena Agri Enterprises LLC , 6801 Highway 66 West , Greenville , Texas Insecticide item #4 ; • Harrell ' s LLC , 5073 New Tampa Highway , Lakeland , Florida — Other items #3 , 4 , 5 , 6 , 7 , 8 , 9 and 10 ; Council Minutes Page 4 of 11 April 14, 2020 • Simplot AB Retail Inc . , 1099 West Front Street , Boise , Idaho , — Fungicide items # 1 , 2 , and 3 ; Herbicide items # 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , and 11 ; Insecticide items # 1 , 2 , and 3 ; and Other items # 1 , 2 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , and 18 . ITEM NO . 3 . AUTHORIZED PURCHASE OF MICROSOFT SOFTWARE Authorized the purchase of Microsoft software licenses using the Texas Department of Information Resources ( DIR) contract DIR-TSO -4092 . The total estimated expenditure is $ 60 , 000 ITEM NO . 4. APPROVED AWARD OF BID NO . 002 -20 Approved award of Bid No . 002 -20 for a construction contract to Felix Construction Company , 1313 Valwood Parkway # 320 , Carrollton , Texas , for the construction of the Fuller and Far North Well project in the amount of $ 2 , 631 , 000 , and authorized the City Manager to enter into a contract with Felix Construction Company . ITEM NO . 5 . APPROVED CITY COUNCIL MINUTES Approved City Council minutes of the regular meeting of March 24 , 2020 . REGULAR AGENDA ITEM NO . 6 . AUTHORIZED CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PURCHASE AND LEASE AGREEMENT City Manager Getchell advised that due to the COVID- 19 related temporary closure of the Dallas Star Center in Euless , DSE Hockey Centers L . P . has requested to use escrow held by the City of Euless for payment of rent for the next three months . Effective thereafter, the monthly rent will be increased over the next twelve months in an amount sufficient to reestablish the required escrow . Council Member Price motioned to authorize the City Manager to execute a third amendment to the purchase and lease agreement by and between the City of Euless and DSE Hockey Centers , L . P . , formerly known as Dallas Stars , L . P . Council Member Bhojani seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Tompkins , Council Members Stinneford , Price , Bynum , Zimmer, and Bhojani Nays : None Mayor Martin declared the motion carried . Council Minutes Page 5 of 11 April 14, 2020 ITEM NO . 7 . AUTHORIZED MAYOR TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT Deputy City Manager Barker advised that this item is for the lease of a property at 501 West Harwood Road to be used as a temporary fire station while Fire Station No . 1 is being reconstructed . The agreement would allow the City to lease the property for approximately 27 months . Council Member Bynum motioned to authorize the Mayor to negotiate and execute a lease agreement for property located at Midway Park Addition , Block 17 , Lot 12 , 501 West Harwood Road . Council Member Stinneford seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Tompkins , Council Members Stinneford , Price , Bynum , Zimmer, and Bhojani Nays : None Mayor Martin declared the motion carried . ITEM NO . 8 . APPROVED A MINUTE ORDER CLARIFYING THE CITY COUNCIL ' S APPROVAL OF A CONCEPT PLAN FOR THE RIVERWALK PLANNED DEVELOPMENT REGARDING PERMITTED USES AND PARKING IN T5B SUB -ZONE ( MIXED - USE ZONING ) AND ENTITLEMENT TO T5B ZONING City Attorney Wayne Olson stated that this item is an opportunity for the City Council to provide direction and reiterate what is considered permitted uses in the concept plan as approved by the City Council at their February 11 , 2020 regular meeting . He advised that this item is not a reconsideration of the concept plan nor does it change the zoning associated with the Riverwalk Planned Development . Deputy City Manager Barker advised that on April 3 , 2020 , each City Council member received a packet of information delivered to their homes from Realty Capital in reference to the Riverwalk Planned Development . A cover letter was included in the packet from Tim Coltart , Managing Director for Realty Capital and described an impasse between Realty Capital and the city staff regarding the specific standards in the ordinance and the Concept Plan related to Realty Capital ' s planned parking in the T5B mixed use sub -zone . In the letter, Realty Capital requested the City Council ' s assistance ". . . to solve this impasse so that they may get working on construction plans for the project". Mr. Barker stated that in response to the letter, staff has placed this item before the Council to seek clarification with regard to the approved Concept Plan for the Riverwalk Planned Development . Mr . Barker provided a background of the Riverwalk Planned Development , originally approved as Ordinance No . 1904 on March 22 , 2011 , and presented the original Concept Council Minutes Page 6 of 11 April 14, 2020 Plan submitted by Realty Capital in 2011 . On October 31 , 2019 , the City received a formal submittal of a new Concept Plan for review and comments . The submitted Concept Plan proposed that the remainder of the vacant land in the development be used for a combination of T5c (commercial zoning ) and T5b ( mixed use zoning ) . Mr. Barker reviewed the discussions between City staff and the Developer related to the Concept P lan and advised that discussions centered on the change in direction to the proposed 30 acres of mixed use zoning and meeting parking requirements . During the discussions , City staff reiterated that the any mixed use would require that only commercial , office , or retail uses would be permitted on the ground floor. Staff encouraged the developer not to overdevelop mixed -use if they did not feel they could lease the ground floor space for commercial , office , or retail uses . He advised that the Developer responded that they were confident that they could perform as required and understood the City' s position , and any concerns regarding parking would be addressed during the site plan phase of the project . The current Concept Plan was approved by the Planning and Zoning Commission on January 21 , 2020 , and by the City Council on February 11 , 2020 . In accordance with the Riverwalk Planned Development , the Concept Plan is a precursor and prerequisite to the approval of the Preliminary Plat and Site Plan . He advised that Sub-Zone T5b is specifically defined in the Riverwalk Planned Development , page 27 , as follows : "D) Sub-Zone T5b (Mixed-use Zoning. ) This Sub-Zone permits residential and commercial uses but without any single family uses permitted. Also, the ground floor of all buildings shall be built to commercial standards and shall only be used for retail, commercial or office uses. That is, the streetscape is a downtown streetscape, with shop windows, sidewalks and street trees. On-street parking shall allow convenient access to each store . Above the ground floor, upper floors may contain multi-family, commercial or office uses. This Sub-Zone is conditional on the development of a river walk amenity. See Section 13 Riverwalk Standards for more detailed requirements. The minimum Public Open Space is 5% of the gross area of this Sub-Zone . " S ubsequent to the approval of the current Concept Plan , the Developer advised City staff of their interpretation that the Concept Plan would allow parking on the ground floor of T5b structures in order to satisfy required parking for the upper floor' s multi-family use . S pecifically , the Developer would propose T5b structures with a mix of parking garage and commercial uses along some (street facing ) frontages , with other T5b buildings containing a parking garage fronted by a faux commercial storefront façade . The developer has advised that pictures and painting would be placed in the windows to mask the parking garage and the building would be used entirely for multi -family apartments . Staff has informed the Developer that the Riverwalk Planned Development standards require the ground floor of all buildings to be used only for retail , commercial or office uses . The Riverwalk Planned Development (Section 6 -Table of Permitted Uses , Note A) provides that , " Where a use is prohibited on the Ground Floor, Public access and ancillary Council Minutes Page 7 of 11 April 14, 2020 uses may be permitted on the ground floor. Ancillary uses are uses that provide necessary support to the primary activities or operations of an organization, institution, or land use, upon the same lot as the primary use and not exceeding 20% of the primary use. " Based on this provision , city staff advised the Developer that no more than 20 percent of the ground floor could be occupied by ancillary uses , including parking . At this point in the process , Realty Capital has requested clarification of the permitted u ses and parking requirements for the T5b Mixed - use Sub -Zone . City staff is requesting the City Council clarify that the ground floor of T5b buildings must be used for commercial , office uses , or retail except that 20 percent of the ground floor may be occupied by ancillary uses , including parking . This is further governed by Section 14- Parking Standards , of the Riverwalk Planned Development . Mayor Martin recognized the following individuals who requested to address the City Council via video conferencing . Tim Coltart , Managing Director, Realty Capital , stated that he believes the vision for the project remains consistent with the City' s concept as well as what was originally approved in 2011 . Mr. Coltart expressed his opinion that a City Council meeting was not the proper forum for this discussion and would prefer a workshop at a future date to further discuss the Concept Plan . He stated that they believe their plan works within the Code and the intent of the Code to include ground floor parking in strategically located buildings where a commercial use would not be leasable , not viable , with no frontage and hidden from ✓ iew . He stated that one concern they have is with the inconsistent feedback they have received with regard to the ground floors of these buildings . Alex Olk , 502 Garden Avenue , Euless , expressed his appreciation to the City Council for their consideration of the development . As a homeowner in the area , he expressed concern regarding current parking issues as it relates to a nearby apartment complex , but advised that he is in favor of the development if adequate parking is available . Jason Portilla , 501 Rustic Lane , Euless , expressed his appreciation to the City Council , City staff, and Realty Capital for working together. He expressed concern regarding the n eed for adequate parking in the new development . Mr . Coltart advised that Realty Capital is willing to work with the City on how best to provide additional areas for parking and expressed confidence in working with staff. Council Member Stinneford made reference to the February 11 , 2020 City Council meeting where the Concept Plan was approved by the City Council . He stated that at the meeting , he specifically asked Spencer Long , representing Reality Capital , if the ground floor of the mixed - use buildings would be commercial . Mr . Long answered that there would be no residential . Mr . Stinneford expressed concern that the answer Mr . Long gave was at the very least evasive or disingenuous . Mr . Stinneford stated that if Mr. Long has disclosed at that time there would be ground floor parking that he would not have voted for the Concept Plan . Council Minutes Page 8 of 11 April 14, 2020 Mr . Coltart responded that he believed Mr . Long ' s comment was that no residential use is allowed on the ground floor , but expressed his opinion that parking is allowed under the building as an approved use . He added that they have consistently stated that ground floor parking would be at grade within the building envelope . Mayor Pro Tern Tompkins asked if the proposed design layout for these structures could be redesigned to ensure that the ground floor is more commercially viable . Mr . Coltart responded that it was their understanding that they required to develop their plans in accordance with the zoning code that was adopted in 2011 . City Manager Getchell clarified that City staff met with the Developer approximately one year ago to discuss possible changes to the zoning and staff was against a proposal to rezone a great majority of the property to multi-family units above what had already been approved . Staff was receptive and amenable to any other zoning changes that might be proposed . Council Member Bynum inquired about the density of apartments as outlined for this development Mr. Barker referenced Table 5 . 1 and Table 5 . 2 of the Planned Development ordinance and advised that the density is not specified as regulatory as it is a function of meeting all of the requirements of the entire Planned Development . The intent is based on accommodating the improvements to the property . Council Member Bhojani expressed concern regarding the lack of transparency concerning the Concept Plan with regard to the proposed parking , as well as the disagreement that changes have not been made to the development since 2011 . He stated that the plans for the development in 2011 included over 700 , 000 square feet of commercial space as opposed to less than half of that amount proposed as of today . Mr. Bhojani stated that the City is on the same page as the community in that the City wants to see the improvements , including the riverwalk , and the City is waiting on Realty Capital to comply with the requirements of the development . Council Member Zimmer advised that when he voted to approve the Concept Plan , he was expecting to see retail , office , and commercial in the future details of the engineering plans . He stated that from his standpoint , garage parking located below multi -family residences is not in compliance with the approved Concept Plan . Council Member Stinneford made a motion to clarify that the Riverwalk Concept Plan approved on February 11 , 2020 , allows for development of mixed - uses in the T5b Sub- Zone , including commercial , retail , office , multifamily and other uses listed in the Table of Permitted Uses subject to the following requirements : 1 . The entitlement to develop property within the T5b Mixed - use Sub-Zone is dependent upon the development of the riverwalk amenity . Prior to the Council Minutes Page 9 of 11 April 14, 2020 development of the riverwalk amenity , no T5b Sub-Zone development shall occur . Upon completion of the minimum riverwalk amenity , the landowner shall be entitled to establish a T5b Sub-Zone whose boundaries comply with the requirements of Section 13 , D of the Riverwalk Planned Development Ordinance . 2 . T5b Sub -Zone development shall not occur prior to the dedication and construction of the riverwalk amenity . 3 . The ground floor of all buildings constructed within the T5b Sub-Zone must be used for retail , commercial or office uses , except that 20 % of the ground floor may be occupied by ancillary uses , including parking . This is further governed by Section 14- Parking Standards , of the Riverwalk Development Code . In the absence of an amendment to the Riverwalk Planned Development ( Ordinance No . 1904 ) , any site plan submitted by the developer within the T5b Sub-Zone must conform to these guidelines . Council Member Bhojani seconded the motion . Ayes : Mayor Martin , Mayor Pro Tem Tompkins , Council Members Stinneford , Price , Bynum , Zimmer, and Bhojani Nays : None Mayor Martin declared the motion carried . ITEM NO . 9 . HELD PUBLIC HEARING AND APPROVED FIRST AND FINAL READING OF ORDINANCE NO . 2241 Mayor Martin opened the public hearing at 8 : 14 p . m . City Manager Getchell presented the item to the City Council and advised that the Parks and Community Services Department , the Police Department , and the Fire Department routinely offer elementary aged day camps for children during the summer. The Texas Legislature requires that certain municipal programs for elementary aged children ( 5- 13 years old ) meet day care licensing requirements , or file for an exemption ( Section 42 . 02 ( b ) ( 14) of the Human Resources Code) . In order to receive exempt status , a municipality must submit a copy of the program standards , notice of a public hearing for the programs , and the ordinance adopting the standards . Mayor Martin asked to hear from any proponents followed by opponents of the case . There being none , Mayor Martin closed the public hearing at 8 : 15 p . m . Council Minutes Page 10 of 11 April 14, 2020 Council Member Stinneford motioned to approve the first and final reading of Ordinance N o . 2241 , renewing the Youth Programs Standards of Care for the operation of youth - based programs and services . Council Member Price seconded the motion . Ayes : Mayor Martin , Mayor Pro Tern Tompkins , Council Members Stinneford , Price , Bynum , Zimmer , and Bhojani N ays : None Mayor Martin declared the motion carried . ITEM NO . 10 . PUBLIC COMMENTS N o public comments . ITEM NO . 11 . REPORTS City Manager N o report given . City Attorney N o report given . City Council 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 : March 2020 Police Corporal Scott Axton — 25 years of service ; and Senior Police Officer Justin Coffee — 15 years of service . April 2020 Firefighter- Driver/Paramedic Jarrod Goodman — 15 years of service ; Firefighter II Paramedic Shawn Soule 15 years of service ; Firefighter Paramedic Aaron Schmidt — 15 years of service ; Director of Fleet and Facilities Kyle McAdams — 30 years of service ; and Police Corporal Jerry Cook — 35 years of service . Mayor Pro Tern Tompkins advised of a recent graffiti incident in the Wilshire Park and Wilshire Elementary area and commended the Parks Department and Code Compliance staff for quickly working to remove the graffiti before the holiday weekend . Council Minutes Page 11 of 11 April 14, 2020 Council Member Bhojani expressed his appreciation to Emergency Management Coordinator Suzanne Hendrickson , Information Services Director Scott Joyce , City Manager Loretta Getchell , City staff and the City' s first responders for their response efforts related to the COVID- 19 pandemic . He added that he hopes everyone will stay home and stay safe during this time . Mayor Martin expressed her appreciation for everyone watching the meeting from home . She acknowledged that she and her husband are blessed with wonderful friends and asked everyone to check in on senior friends and neighbors during this trying time . On behalf of the City Council , she appreciates the trust placed in the City Council to do what is right for the City and expressed her appreciation to City staff. She urged citizens to continue to follow CDC guidelines and practice physical distancing to prevent the spread of COVID- 19 . ITEM NO . 12 . ADJOURN Mayor Martin adjourned the meeting at 8 : 21 p . m . eoaPPROV;ED : ATTEST : (fiegifj-4, inda Martin , Mayor i Sutte , TRMC , CMC , City Secretary