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HomeMy WebLinkAbout1977-08-09Regular Meeting Euless City Council August 9, 1977 CALL TO ORDER N° 213 The regular meeting of the Euless Cit.) Council was called to order at $ :00 p.m., in the Council Chambers of Euless City Hall by Mayor Harold Samuels. Other members present were Mrs. Willie Mae McCormick, Messrs. Raymond Ozebek, Charles Hunt, Glenn Walker and Robert Pippin. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer B i l l Flowers. VISITORS Visitors in attendance were Messrs. Frank Douglass, Sam Cotten, Walter A. E l l i ott, Jr., Owen D. Long, Walter Fortney, B i l l Pasteur, Joe Fuches, and Ed Foster; Mesdms. Myrtle Hall, Sandy Sieverling and Lois Sieverling. INVOCATION The invocation was given by Councilman Glenn Walker. APPROVAL OF MINUTES The minutes of the regular meeting dated July 26, 1977, were approved as written. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 521 FOR PARTICIPATION IN THE SUPPLEMENTAL DEATH BENEFITS OF TEXAS MUNICIPAL RETIREMENT SYSTEM Mrs. McCormick moved to approve second and final reading of Ordinance No. 521, for the City's participation in the Supplemental Death Benefits Fund of Texas Municipal Retirement System. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Hunt, Walker, and Pippin Nays: None Mayor Samuels declared the motion carried. N° 214 (Page Two, Regular Meeting, Euless City Council, August 9, 1977) CONSIDER PRELIMINARY PLAT - MEADOWVIEW ADDITION - REQUEST CF QUADRANGLE DEVELOPMENT COMPANY Mayor Samuels recognized Mr. Walter Elliott, who stated he is representing Quadrangle Development Company. Mr. Elliott stated that Mr. San Cotten will be the builder of the development, that this is the second addition to be constructed by Mr. Cotten, the first being Park Addition. He stated the final construction plans would be submitted the latter part of September and shortly thereafter be under construction and they would begin taking out building permits the first of 1978. Mr. Elliott stated there are twenty -nine (29) residential lots proposed. Mr. Elliott stated they have reviewed the letters from Mr. Flowers and Mr. Lynch and will concur with item number 1. Mr. Elliott stated that if the Council instructs and the City staff agrees, they will install the curb and gutter as requested, but they would prefer to escrow the money, since there will not be any lots fronting on Harwood Road or Fuller -Wiser Road, and at such time as the City desires to improve those roads, they can improve them and get a much better alignment. He further stated that they will dedicate the required right -of -way and will install storm sewers along Harwood Road. He stated in reference to item number 4, they are not a n t i c i p a t i n g creating any drainage problem, but w 1 1 1 make sure on the final plat. He further stated they would put in a storm sewer to Fuller -Wiser Road and not create a drainage channel. Mrs. McCormick inquired the square footage of the houses to be constructed in the addition. M r . Cotten stated t h e homes w i l l be brick veneer, with 1400 to 1500 square feet, and will be in the $40,000 to $45,000 price range. Mr. Ozebek inquired if they were going to concur with the recommendation of the Street Naming Committee. Mr. E I I i ott stated they would concur with the committee in changing the names of the streets. Mr. Ozebek moved to concur with the recommendation of the Planning and Zoning Committee and approve the pre- liminary plat of Meadowview Addition. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Pippin, Hunt, and Mrs. McCormick Nays: None N° 215 (Page Three, Regular Meeting, Euless City Council, August 9, 1977) Mayor Samuels declared the motion carried. (Copies of letters on file in Council Exhibits.) CONSIDER PRELIMINARY AND FINAL PLAT - LOT 30 BLOCK 2, OAKWOOD TERRACE EAST ADDITION - REQUEST CF R. L. WHOBREY, A. PALMER, AND C. ATCH I SON, JR. Mayor Samuels recognized Mr. 0. D. Long, who stated he is representing Messrs. Whobrey, Palmer, and Atchison. Mr. Long stated he has reviewed the City Engineer's letter and Mr. Lynch's letter and he has tried to call Mr. Whobrey concerning the dedication of the right -of -way, but Mr. Whobrey is on vacation, and he talked with Mr. Atchison and he indicated that they need all the land they have to meet the parking ratio that is required, and they have requested that the 4.6 feet be a utility easement so he can still count it as part of his parking ratio. Mr. Walker inquired what the developers plan to build on this lot. Mr. Long stated that they did not say, but they are in some type of janitorial service, but he does not know for sure what their plans are. Mr. Sustaire stated he thought they said at the Planning and Zoning Commission meeting, they were going to build a church on the property. Mr. Long stated he was told a church owned the property and the three men purchased it from them. Mr. Pippin stated that a church is about all they can build there because it is in "R -1" residential zoning. Mr. Lynch inquired if the developers were to dedicate some type of easement, would the City be able to use the easement for widening the street or installing sidewalks. Mr. McFarland stated they could if it were dedicated and the easement shown for street purposes. Mr. Long stated they would submit the final plat with the dedication of the 4.6 foot easement. IMMO Mr. McFarland stated that the dedicatory language on the plat needed to be changed to state that they do dedicate to the public use forever, the streets and easements shown thereon. N° 216 (Page Four, Regular Meeting, Euless City Council, August 9, 1977) Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and City staff subject to the dedication of 4.6 feet of right -of -way to provide the customary 9.5 feet behind the curb along South Main Street and corresponding movement of the building line and change in dedicatory language. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Hunt, Ozebek, Walker and Pippin Nays: None Mayor Samuels declared the motion carried. (Copy of l e t t e r s on f i l e in Council Exhibits.) IV CONSIDER PRELIMINARY AND FINAL PLAT - LOT 2, PLAZA GRANDE ADDITION - REQUEST CF TEXAS BANK AND TRUST COMPANY Mr. Pippin moved to concur with the recommendation of the Planning and Zoning Commission and approve the pre- liminary and final plat of Lot 2, Plaza Grande Addition. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. V CONSIDER PRELIMINARY PLAT - WEST PARKWAY ESTATES - REQUEST OF FJF DEVELOPMENT COMPANY Mayor Samuels recognized Mr. Owen D. Long, who stated he i s representing FJF Development Company. Mr. Long stated that he has reviewed the engineer's letter and Mr. Lynch's letter and does not take issue with any item, but they do need to arrive at a name for the streets as recommended by the Street Naming Committee. Mr. Walker inquired the size of the homes to be built in that addition. Mr. Fuches stated they plan to build with a minimum of 1500 square feet, brick veneer, cost approximately $45,000, and there w i l l be a total of 65 lots. N° 217 (Page Five, Regular Meeting, Euless City Council, August 9, 1977) Mayor Samuels inquired if they have a time table when street work w i l l begin. Mr. Fuches stated as soon as possible. Mr. Hunt inquired if the developers have given any thought to a screening fence next to the park. Mr. Fuches stated they have not really given any thought t o a screening fence, but w i l l leave it as is right now. Mayor Samuels stated that before the final plat is submitted, the developers may give some thought to installing a uniform fence along the property next to the park. Mr. Pippin moved to concur with the recommendation of the Planning and Zoning Commission and City staff and approve the preliminary plat of West Parkway Estates. Mrs. McCormick seconded the motion and the vote i s as follows: Mr. Lynch stated that the spelling of West Parkway should be the same on all plats. Mr. Douglass stated that the street was originally named Westpark Vey by the Street Naming Committee, and that is the way it i s on the street sign on Airport Freeway. The vote on Mr. Pippin's motion is as follows: Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Walker, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. VI CONSIDER PRELIMINARY PLAT - TIMBER RIDGE ESTATES - REQUEST CF HAYDN CUTLER Mayor Samuels recognized Mr. Owen D. Long, who stated he is representing Mr. Haydn Cutler, developer of Timber Ridge Estates. Mr. Long stated they have reviewed the engineer's comments, and went through them, in detail, at the Planning and Zoning meeting. Mr. Lynch stated that Cummins Drive may not be abandoned, as indicated on the preliminary p l a t , because i t w i l l N° 218 (Page Six, Regular Meeting, Euless City Council, August 9, 1977) require the approval of the adjacent property owners, and is not part of the preliminary plat, whether or not it is abandoned. Mr. Long stated his client and the adjacent property owners are planning a meeting for an agreement on the abandonment of the street. Mr. McFarland stated the preliminary plat approval or final plat approval will not effect the abandonment of the right -of -way, as this is done by ordinance. M r . Long stated he would have a f i n a l survey on the final plat. Mayor Samuels inqui red if they would attempt to have a meeting with the other property owners, to come in with a joint recommendation that both parties can agree to prior to the final plat presentation. Mr. Long stated they could come in for a final plat omitting that lot, until this could be worked out. Mr. Pippin stated that he is in agree- ment with closing Cummins Drive, but is against stubbing Shelmar because it hampers fire protection. Mr. Flowers inquired if it is possible to make Shelmar a culdasac. Mr. Long stated there is not enough Mr. Walker inquired if they could cut Lot 16 into two lots and use Lot 27 for the cut through. room. Mr. Long stated they would lose two lots, and they do not like to have a street off set in less than twenty -five feet. He further stated they are trying to avoid any additional obstruction on the drainage channel. Mr. Flowers stated that with only two through streets between FM157 and North Main Street, it would generate additional traffic. Mr. Ozebek stated he has some reservations about Forest Hill Drive going into FM157. Mr. Long stated they plan to develop o f f i c e space f r o n t i n g on FM157 and t h e t r a f f i c would flow onto Forest H i l l Drive from FM157 to the commercial development. N° 219 (Page Seven, Regular Meeting, Euless City Council, August 9, 1977) Mr. Walter Fortney stated he is an attorney for Mr. Cutler and has a restrictive covenant for the property owners that w i 1 I require the upkeep of the drainage channel. Mr. Fortney reviewed the covenant for the Council. Mr. Fortney stated Mr. Cutler would prefer to leave the drainage channel in its natural state instead of the concrete channel. He stated he has a compromise offered by Mr. Lynch for a small concrete structure in the bottom of the creek to carry off the every day flow. Mr. McFarland stated that if it i s the Council's pleasure to consider as an alternative to the total concreting of the channel the use of a restrictive convenant, such as presented, he would suggest that the Council give preliminary approval to the plat if that is their pleasure, leaving for final consideration on final plat approval the question as to whether or not this channel would be required to have some concrete lining under the subdivision rules and regulations. Mr. Lynch stated, in reference to the restrictions, they need to keep in mind whether or not the maintenance is going to be something the individual could be expected to do. Mr. Walker inquired if Mr. Long needs the Council's approval to continue with the engineering or can they table the plat for further consideration. Mr. Lynch stated he cannot submit any final plans until the preliminary plans are approved, and he needs some indication on what the Council is going to approve. Mr. McFarland stated that he thinks, if it is the pleasure of the Council, to approve the preliminary plat with the understanding that the channelization and the extent of concreting, if any, and the alternate use of restrictions, maybe if not totally, in certain areas is something the Council is reserving judgement on pending final engineering, that the Council should give Mr, Long their intentions on the stubbing of certain streets. Mr. Samuels stated he would like to poll the Council for the developer to donate Lot 16, and the back of Lots 27, 28, and 29 as a small park for children who live in that area to get to Lakewood Elementary school. Mr. Hunt stated that the Planning and Zoning Commission minutes indicate that there are six (6) items that they take exceptions to. Mr. Long stated that the Planning and Zoning recommendations were items on the engineer's letter. Mr. Sustaire stated he recommends that if you do carry Shelmar through, that you make a culdesac out of Forest Ridge to prevent excessive flow of traffic. N° 220 (Page Eight., Regular Meeting, Euless City Council, August 9, 1977) Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the preliminary plat of Timber Ridge Estates and channelization be discussed at a later date on the final plat. Mr. Hunt seconded the motion. Mr. Ozebek inquired if the fire marshal1 has given approval of the street layout. Mr. Sustaire stated that the fire marshall has received a copy of the plat for his approval. Mr. Ozebek inquired of Mr. Pippin why he feels Shelmar needs to go through. Mr. Pippin stated that he feels there is not adequate fire protection, that he doesn't like a city that is made up of territorial district neighborhoods, and stubbing the streets within two adjoining neighborhoods, with an identity of their own, will contribute to this, and he doesn't believe that the traffic flow wi I I increase that much. Mr. Hunt inquired concerning the enlargement of the sewer line from 8" to 10" and the City's participation in the oversizing cost, and wondered how this was handled in the past. Mr. Flowers stated that the City has always participated for the oversizing of a line. The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs. McCormick, Messrs. Hunt and Ozebek Nays: Messrs. Walker and P i p p i n Mayor Samuels declared the motion carried. (Copy of l e t t e r s on f i l e in Council Exhibits folder.) VII PUBLIC HEARING - PROPOSED USE OF REVENUE SHARING FUNDS Mayor Samuels opened the public hearing on the proposed use of Revenue Sharing Funds. Mr. Sustaire stated he recommends using the funds for the purchase of the city equipment, street and drainage re- building program and corrections of city health hazards. 221 (Page Nine, Regular Meeting, Euless City Council, August 9, 1977) Mayor Samuels inquired if there were other proponents; there being none, he inquired if there were any opponents; there being none, he declared the public hearing closed. Mr. Walker moved to concur with the recommendation of the City Manager and use the proposed Revenue Sharing Funds for the purchase of city equipment, street and drainage rebuilding program and corrections of city health hazards. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Hunt, Pippin, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VI II CONSIDER RECOMMENDATIONS CF THE CIVIL SERVICE COMMISSION ON TUITION REIMBURSEMENT AND PROBATIONARY PERIOD FOR EMPLOYEES Mrs. McCormick moved to approve the recommendations of the Civil Service Commission with the exception of tuition reimbursement which would be s ix (6) months f o r undergraduate work and eighteen (18) months for graduate work. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. IX SELF INSURANCE ON PREGNANCIES Mr. Walker moved to approve the City Manager's recommendation for self insurance on pregnancies on employees and employees' dependents, retro active to May 12, 1977. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. N° 222 (Page Ten, Regular Meeting, Euless City Council, August 9, 1977) X CONSIDER RESOLUTION NO. 408 CALLING PUBLIC HEARING ON ZONING CASE NO. 261 - REQUEST OF GENE WHITE FOR CHANGE OF ZONING FROM "1 -1" LIGHT INDUSTRIAL DISTRICT WITH "SP" SPECIFIC USE PERMIT TO "C -2" COMMUNITY BUSINESS DISTRICT ON TRACT 1E, JOHN H. HAVENS SURVEY, ABSTRACT 685 Mr. Pippin moved to approve Resolution No. 408 calling a public hearing on Zoning Case No. 261, for change of zoning from "1 -1" Light Industrial District with "SP" Specific Use Permit to "C -2" Community Business District on Tract 1E, John H. Havens Survey, Abstract 685 for August 23, 1977. Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI CONSIDER CALLING PUBLIC HEARING FOR POSSIBLE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Ozebek moved to call a public hearing for possible allocation of Community Development Block Grant Funds for August 23, 1977. Mr. Hunt seconded the motion and the vote i s as follows: Ayes: Messrs. Ozebek, Hunt, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI 1 CONSIDER CALLING PUBLIC HEARING ON PROPOSED BUDGET FOR FISCAL YEAR 1977 -78 Mr. Hunt moved to call a public hearing on the proposed budget for fiscal year 1977-78 for August 23, 1977. Mr. Walker seconded the motion and the vote i s as follows: 1T° 223 (Page Eleven; Regular Meeting, Euless City Council, August 9, 1977) • Ayes: Messrs. Hunt, Walker, Ozebek, Pippin and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI 11 ADJOURNMENT The meeting adjourned at 10:25 P. M. APPROVED: /s/ Harold D. Samuels Mayor ATTEST: /s/ Della Houy City Secretary N° 224