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HomeMy WebLinkAbout1977-11-08Regular Meeting Euless City Council November 8, 1977 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :00 p.m., in the Council Chambers of Euless City Hall by Mayor Pro Tem Mrs. Willie Mae McCormick. Other members present were Messrs. Raymond Ozebek, Glenn Walker, and Robert Pippin. (Absent was Mayor Harold Samuels and Councilman Charles Hunt.) Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer B i l l Flowers, and Assistant City Manager John Lynch, IV. VISITORS Visitors in attendance are as follows: Messrs. Mike Allen, David Whitaker, Pansah Sribhen, Robert Beckwith, Ron Addison, and R. J. Clark, Jr., Mesdms. Myrtle Hall', Lynn Tylka, and Jude Vincent. INVOCATION The invocation was given by Councilman Glenn Walker. APPROVAL OF MINUTES The minutes of the regular meeting dated October 25, 1977, were approved as written. CONSIDER ORDINANCE REQUIRING RESIDENCES AND BUSINESSES TO DISPLAY ADDRESS NUMBERS Mr. Ozebek moved to table this ordinance for an unspecified length of time, until the attorney can properly draft the ordinance. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. (Page Two, Regular Meeting, Euless City Council, November 8, 1977) CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 527 ON TIME AND LIMITATION ON THE PLACEMENT AND REMOVAL OF GARBAGE CONTAINERS Mr. Pippin moved to approve Ordinance No. 527 setting time and limitation on the placement and removal of garbage containers. Mr. Ozebek seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Ozebek, Walker, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. CONSIDER APPOINTMENTS TO COUNCIL FOR SOCIAL CONCERNS Mrs. McCormick stated that at the last meeting she recommended the names of four (4) young persons that had been recommended by Mrs. Maggie Driggers, Counselor for the H -E -B School System, and she has talked with all but one of the persons, but she talked with his grandmother and the boy i s interested i n being on the Council. The young persons are as follows: Robin Leslie Girouard; Lee Edward Gilby, Alternate - Euless Junior High; Lisa Waschka; Tracy Miranda, Alternate - Trinity High School. Mrs. McCormick moved that these young people be appointed to the Council for Social Concerns. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Ozebek Nays: None Mayor Pro Tem McCormick declared the motion carried. (Page Three, Regular Meeting, Euless City Council, November 8, 1977) IV. PUBLIC HEARING - ZONING CASE NO. 262 REQUEST OF CENCOR SERVICES FOR CHANGE OF ZONING FROM "C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT WITH "SP" SPECIFIC USE PERMIT ON A PORTION OF BLOCK 3, OAK FOREST ADDITION Mayor Pro Tem McCormick opened the p u b l i c hearing on Zoning Case No. 262, for change of zoning from "C -1" Neighborhood Business District to "C -1" Neighborhood Business District with "SP" Specific Use Permit on a portion of Block 3, Oak Forest Addition, and stated that proponents would be heard first and then opponents. Mayor Pro Tem McCormick recognized Mr. David Whitaker, representating Cencor Services. Mr. Whitaker stated that the site plan i s very s t r a i g h t forward and he w i l l be glad to answer any questions the Council may have. square feet in the building. feet. that w i l l be at the Day Care Center. age two (2) through six (6) . employees they plan on having. Mrs. McCormick inquired the number of Mr. Whitaker stated there is 4800 square Mrs. McCormick inquired the age children Mr. Whitaker stated the children would be Mrs. McCormick inquired the number of Mr. Whitaker stated it depends on the number of children, approximately six (6) if there are one hundred (100) children at the Center. Center w i l l be open. 6:00 p.m., five (5) days a week. starting date for construction. obtaining a building permit. Mrs. McCormick inquired the hours the Mr. Whitaker stated from 7:00 a.m. u nt i l Mrs. McCormick inquired the anticipated Mr. Whitaker stated fairly soon after 4 1 '1 (Page Four, Regular Meeting, Euless City Council, November 8, 1977) Mrs. McCormick inquired if there were any other proponents; there being none, she inquired if there were any opponents. Mr. Ronald Addison stated he is an attorney and i s present on behalf of the United Memorial Christian Church who own the property to the north. Mr. Addison stated that he is not present in opposition, but there are two areas that need to be discussed with the Council. Mr. Addison stated that the City Engineers are aware of the drainage problem that has existed, because the church is in a low lying area, and he would appreciate it if the City Engineers would satisfy themselves that this development would not create any additional drainage problems on the church property. Mr. Addison stated the second area of concern i s the members of the church would appreciate a six (6) foot stockade screening fence between the properties. Mr. Ozebek inquired if a screening fence i s not required. Mr. Lynch stated he would have to research this, but he thinks a screening fence i s required between commercial and residential zoning and thinks the church i s in residential zoning. Mr. Sribhen stated the plans indicate a sol id stockade screening fence. Mrs. McCormick inquired if there were any other opponents; there being none, she declared the public hearing closed. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the rezoning of a portion of Block 3, Oak Forest Addition, from "C -1" Neighborhood Business District to "C -1" Neighborhood Business District with "SP" Specific Use Permit on first reading of ordinance. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Ozebek Nays: None Mayor Pro Tem McCormick declared the motion carried. Mrs. McCormick stated the City Engineers and City staff will look into the drainage situation before the final plat is approved. (Pape Five, Regular Meeting, Euless City Council, November 8, 1977) V. PUBLIC HEARING - ZONING CASE NO. 263 REQUEST OF UNIVEST CORPORATION FOR CHANGE OF ZONING FROM "R -3" AND "R -4" MULTI - FAMILY DWELLING DISTRICT TO "R -5" MULTI-FAMILY DWELLING DISTRICT ON A PORTION OF TRACT 3D AND TRACT 3F. JAMES MATSON SURVEY Mayor Pro Tem McCormick opened the p u b l i c hearing on Zoning Case No. 263, for change of zoning from "R -3" and "R -4" Multi - Family Dwelling District to "R -5" Multi - Family Dwelling District on a portion of Tract 3D, and Tract 3F, James Matson Survey, and stated that the proponents would be heard first and then the opponents. Mayor Pro Tern McCormick recognized Mr. Mike Al len. Mr. Allen stated that he i s president of Univest Corporation and is representing the owners of this property. Mr. Allen stated they are requesting a reallocation of existing multi - family zoning on parts of the property they own and an overall reduction in the total units permitted. Mr. Allen stated there are twenty -two (22) acres zoned "R -4" and seven (7) acres zoned "R -3" and their request i s to rezone the southern nine (9) acres to "R -5 ". Mr. Allen stated they sold the north seventeen and one -half (172) acres of the property for single family dwell- ings and they agreed with the owners to leave two hundred (200) feet between them as "R -4" zoning. Mr. Allen presented the Council a set of figures showing the original zoning and the requested zoning and the overall effect the rezoning would have on the property. He further stated they are reducing the total number of units by one hundred fifteen (115) units for the total thirty - one acres. Mrs. McCormick inquired the location of the "R -4" zoning. Mr. Allen stated that the property is between the residential property and the property in this zoning case. Mr. Pippin inquired the total acreage in this request. Mr. Allen stated the total acreage in the request is nine (9) acres. Mr. Pippin inquired why he is not re- questing the complete zoning as listed on the requested zoning of "C -1 ", "R -1 ", "R -4" and "R -5" and the platted property to the north is zoned "R -4 ", even though it is platted for residential development. Mr. Allen stated the zoning ordinance al lows residential development in "R -4" zoning. (Page Six, Regular Meeting, Euless City Council, November 8, 1977) Mr. Walker stated the residential developers came in for a plat approval but not a zoning change to residential zoning, and in essence what the Council has done, if they don't go ahead with the residential development, is set this property up for a greater density, and not a lesser density. Mr. Pippin stated that he thought that previously the Council had amended the zoning ordinance that excluded previous uses in a zoning district. Mr. McFarland stated the zoning ordinance allows lesser uses in residential zoning, that the amendment to the zoning ordinance was to disallow residential development in any commercial zoning. Mr. Sustaire inquired if Mr. Fuchs has filed the seventeen (17) acres for final plat. Mr. Lynch stated no. Mr. Allen stated these men are builders of single family dwellings and he assumes they will build these single family dwell ings. Mr. Walker stated if they come in for a plat approval as "R -4 ", the Council wi I I have to approve the plat, unless they have some restrictions that requires them to build single family dwellings. Mr. Allen stated that there are deed restrictions on the property that the developers must build single family dwell ings. Mr. McFarland stated he is assuming that the deed restrictions drafted to be a covenant running with the land, which would be enforceable by both the original grantor, Univest, and if it is so dedicated, it would probably be deemed a reciprocal covenant that would apply and could be enforced by abutting property owners. Mr. Walker inquired if once Univest sells the southern portion of their property, what is their incentive to enforce the deed restrictions. Mr. McFarland stated that when property is platted, the developer will file a restricted covenant of record. Mr. Walker stated that he has no objections to approving the rezoning provided the City and the citizens are adequately protected from the single family development becoming "R-14" at a later date and instead of the City ending up with 321 units, as now planned, or 436 as now zoned, would end up with possibly 500 or 600 units. (Page Seven, Regular Meeting, Euless City Council, November 8, 1977) Mr. McFarland stated he knows of no way other than the protection of deed restrictions or restricted covenants. Mr. McFarland stated the Council has the authority to rezone on its own motion. Mr. Walker inquired if the Council could rezone the 171 acres to "R -1 ". Mr. McFarland replied the Council could rezone any property within the City of Euless they want to, but would have to follow the formal process. Mr. McFarland stated that if the Council follows its usual practice, they can defer actual vote on the zoning hearing until the next meeting and allow the City Attorney to explore the possibility of working with Univest and assigning to the City of Euless its rights as the grantor in imposing the single family residential deed restrictions on that property. Mr. Pippin inquired if it wouldn't be as simple to call a publ is hearing and rezone the property "R -1 ", in which case there would be no expense to the owner. M r . McFarland stated it would be a l o t easier to obtain an assignment of the grantor's right of enforcement of the restrictive covenant for deed restrictions that they placed on the land. Mr. McFarland asked Mr. Allen to furnish him a copy of the deed restrictions. Mr. Allen stated he would transmit a copy of the deed restrictions to the City Attorney. Mayor Pro Tem McCormick inquired if there were any other proponents; there being none, she inquired if there were any opponents. Mr. Raymond Clark stated that he has five (5) acres on the east side of Westpark Way. He stated overall the proposal would decrease the density, but would increase the density, as far as he is concerned. He stated that he doesn't know if he would be considered an adjacent property owner to the residential development or not, since it i s too far north, but he is certainly interested in it He further stated that a creek runs through his property, that is on the south side of their property, and he would be interested in the drainage, as it would a l l have to pass through his property. He stated he has a pool on his property where some of the kids in the neighborhood fish, but they always come and let him know when they w i 11 be there, and the children from the apartments could come over there while he i s not at home and something may happen, but fundamentally he is against apartments and would like to be a party to the deed restrictions. Mrs. McCormick inquired if there were any other opponents; there being none, she declared the public hearing closed. Mr. Walker moved to postpone the decision on Zoning Case No. 263 until the next regularly scheduled meeting, November 22nd. (Page Eight, Regular Meeting, Euless City Council, November 8, 1977) Mr. Ozebek seconded the motion and the vote i s as follows: Ayes: Messrs. Walker, Ozebek, Pippin, and Mrs. McCormick Nays: None motion carried. Mayor Pro Tem McCormick declared the VI. CONSIDER ESTABLISHING 40 MPH CONSTRUCTION Mr. Sustaire stated that the Texas Highway Department has requested the City to establish 40 MPH construction speed zones along Industrial Blvd., FM157, to Little Bear Creek for the construction of Highway 121A, and improvement to FM157, from Spur 350 to the Grapevine city limits. Mr. Walker moved to approve the request of the Texas Highway Department to establish 40 MPH construction speed zones in the City of Euless. Mrs. McCormick seconded the motion. Mr. McFarland inquired if it is agreeable to the Council for someone to propose an amendment that the block numbers, with respect to the City, be placed into the ordinance to correspond with the station positions of the Texas Highway Department. Mr. Walker and Mrs. McCormick agreed to the amendment. The vote on Mr. Walker's motion and amendment is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Ozebek, and Pippin Nays: None motion carried. Mayor Pro Tem McCormick declared the VII. CONSIDER PRELIMINARY AND FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, CASA BONITA ADDITION - REQUEST OF PREMIER PROPERTIES, INC. Mayor Pro Tern McCormick recognized Mr. B i l l Phillips, Vice President of Premier Properties, Inc. Mr. Phillips stated that they are primarily a restaurant company and intend to build a Taco Bueno on this property. Mr. Phillips presented some pictures of this type of business they have in Dallas. (Page Nine, Regular Meeting, Euless City Council, November 8, 1977) Mrs. McCormick stated she has heard they have a restaurant close to Love Field in Dallas. Mr. Phil l ips stated it is on Northwest Highway. Mr. Walker inquired if they plan to build on Lots 1 and 2. Mr. Phillips stated just on Lot 1, that they purchased more property than was needed so they wi 1 plan to sell Lot 2. begin construction. Mrs. McCormick inquired when they plan to Mr. Phillips stated within a month. Mr. Walker moved to concur with the recommendation of the Planning and Zoning Commission and approve the pre- liminary and final plat of Lots 1 and 2, Casa Bonita Addition. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Ozebek, and Mrs. McCormick Nays: None motion carried. Mayor Pro Tem McCormick declared the VIII. CONSIDER REQUEST FOR APPROVAL CF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR ONE 1978 314 TON PICKUP AND ONE 1978 SIX YARD DUMP TRUCK Mr. Walker moved to approve the specifi- cations and give authorization to advertise for bids for one 1978 3/4 ton pickup and one 1978 six yard dump truck. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Ozebek, Pippin, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. (Page Ten, Regular Meeting, Euless City Council, November 8, 1977) IX. RESOLUTION NO. 418 CALLING A PUBLIC HEARING ON ZONING CASE NO. 265 - REOUEST OF SNEED KAKER FOR CHANGE OF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT ON A PORTION OF TRACT 1A, T. A. CASH SURVEY ABSTRACT 280 Mr. Pippin moved to approve Resolution No. 418, calling a public hearing on Zoning Case No. 265 for November 22, 1977. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, and Mrs. McCormick Nays: None mot ion carried. Mayor Pro Tem McCormick declared the X. CONSIDER ORDINANCE ALLOWING CITY EMPLOYEES WHO HAVE TERMINATED PREVIOUS MEMBERSHIP IN TEXAS MUNICIPAL RETIREMENT SYSTEM TO REDEPOSIT THESE FUNDS FOR THEIR RETIREMENT Mr. Sustaire stated the City has a number of employees who have had previous employment by this City or another city and who were a member of the Texas Municipal Retirement System and they withdrew their funds at the time of their termination. He further stated this ordinance will allow them the privilege to buy back these funds to go toward their retirement. He stated the employee will have to pay back these funds p l u s any interest i t would have earned and the cost t o the City w i l l be 0.86% of the total payroll. He stated he recommends the approval of this ordinance to give these employees the opportunity to buy their retirement back. Mr. Pippin inquired if there was any problem with the Federal Retirement Act. Mr. McFarland stated that he doesn't think so, or what the tax consequence for that employee would be, if he could get any tax benefit as a result of his buy back as a contribution against income. He further stated that the Texas Municipal Retirement System allows employees to buy back their contributions they withdrew, but the City does not have to go back and pick up any of their costs. Mr. Sustaire stated the employees that are on the payroll at this time can buy back anytime, but any new employee that is hired after the date of enactment have to wait until another ordinance is approved. (Page Eleven, Regular Meeting, Euless City Council, November 8, 1979) Mr. Ozebek inquired the cost to the City. Mr. Sustaire stated it would cost the City approximately $900 per month for the first year, assuming all that are eligible take advantage of the offer. Mrs. McCormick moved to approve the first reading of an ordinance allowing City employees who have terminated previous membership in Texas Municipal Retirement System to redeposit these funds for their retirement. Mr. Walker seconded the motion. Mr. Ozebek inquired what the situation would be if all the eligible emp oyees did not buy back their retirement, would it reduce the City's cost. Mr. Sustaire stated the rate may be re- duced after one year, but this i the City's money and remains on deposit with TMRS, and is considered in future rates. The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, and Ozebek Nays: None Mayor Pro Tern McCormick declared the motion carried. 'XI. CITY ATTORNEY'S REPORT Mr. McFarland stated that most of his discussion occurred during the pre - .council meeting. CITY ENGINEER'S REPORT XII. North Main Street Mr. Flowers stated that as a result of a meeting with the City staff, he is recommending the Council authorize the City Engineers to receive bids on the North Main Street Project. He stated their updated cost estimate, from the south side of the Thomes Animal Clinic to Trailwood Drive, is $280,000. He stated they anticipate having the bids available for consideration by the Council on December 13th, have the con- tractor under contract by January 1, 1978, with construction complete by July 1, 1978. He stated the power poles have been set back with the exception of three on the Hodges property and Texas Power and Light has assured him that they can relocate their lines within two or three days, and their schedule (Page Twelve, Regular Meeting, Euless City Council, November 8, 1977) indicates they should have them complete by December 1, 1977. He stated that Southwestern Bell Telephone had anticipated being through with their relocation by January 1, 1978, but the Euless and Grapevine area has grown more than they anticipated, and they are going to have to put in larger lines. He further stated they are going to install all of their lines underground in conduit, but they can go ahead and install their conduit by January 1, 1978, but they can not run t h e i r cables i n the conduit, and they w i l l not be completely through u n t i l May 1 , 1978, but i f there is any c o n f l i c t , they w i l l temporarily relocate their cable on the poles along North Main Street. He stated they have asked them to locate the depth of their cable, and if it i s a sufficient depth, they may be able to work over that without any problem. Mr. Flowers stated the engineers have to update their plans some. Mr. Pippin moved to authorize the City Engineer and City staff to.advertise for bids for improvements to North Main Street. Mr. Ozebek seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Ozebek, Walker, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. XI II. SEWER BACK -UP Mr. Lynch stated that there was a major sewer stoppage on Mi lam Drive Monday night, and he would like to commend the Public Works staff for the long hours they put in cleaning the line and in helping the people effected by this problem. Mrs. McCormick inquired the cause of the stoppage. Mr. Sustaire stated that Jack Bullard, Director of Public Works, advised him that all they could find in the line was sand, that there were no solids in the line. He further stated that seven homes were effected by the problem. X I.V . FORT WORTH MANPOWER PLANNING COUNCIL Mr. Ozebek stated he would like some recommendations for someone to serve on the Fort Worth Manpower Planning Council, as there is no representative from Euless on the Council at this time. (Page Thirteen, Regular Meeting, Euless City Council, November 8, 1977) XV . STREET LIGHTING ON NORTH MAIN STREET Mr. Pippin inquired the type of street 1 i g h t i n g t h a t w i l l be installed on North Main Street. Mr. Sustaire stated that Texas Power and Light have said that they are going to update all the street lights in Euless, but the City can request any type of light they want. He said that they wi I I be replacing the lights with a low energy type light and one that is more illuminating. Mr. Pippin stated there is a security problem with the present lighting system. XVI, ALTERNATE MUNICIPAL COURT JUDGE Mr. Sustaire stated he is recommending Mr. G. Stanley Cramb, attorney, be appointed as Alternate Municipal Court Judge, and he has also been recommended by Municipal Court Judge George Boring. Mr. Ozebek moved to concur with the recommendation of the City Manager and Judge Boring and approve the appoint- ment of Mr. G. Stanley Cramb as the Alternate Municipal Court Judge. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Pippin, Walker, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. XVI I. COMMENDING CITY EMPLOYEES Mrs. McCormick commended the Police and Fire Association on their awards program, and was real honored that the Council was presented a plaque. She read the names of the ones who received awards, as follows: Fire Department: James Smith, Firefighter of the Year; Donald Mayberry, Distinguished Award; Bobby Keeble, Supervisor of the Year; P o l i c e Department: B i l l Thompson, Supervisor of the Year; Joe Scott, Officer o f t h e Year; Michael Brown, Distinguished Award; Jan Smith, B i l l Harvell Award. (Page Fourteen, Regular Meeting, Euless City Council, November 8, 1977) Mrs. McCormick read a letter from Mr. D. M. Kelly commending the Public Works Department: "Too often our public employees are overworked, underpaid, and probably too harshly criticized by the general public. I would like to take this opportunity to compliment Mr. Bullard, Mr. Geer, Mr. Northcutt, and the work crew for their courteous and helpful attention given M9 during a recent drainage problem. These men should be complimented for their good public relations and work. They did not show any preferential treatment, but did everything you could expect within their responsibility. Thank you for the service and the good attitude of the employees of the City of Euless." ADJOURNMENT There being no further business, the meeting adjourned at 9 :30 p.m. APPROVED: /s/ Harold D. Samuels Mayor ATTEST : /s/ D e l l a Houy City Secretary