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HomeMy WebLinkAbout1977-11-2231 Regular Meeting Euless City Council November 22, 1977 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:30 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, Glenn Walker, and Robert Pippin. (Absent was Mr. Charles Hunt.) Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer Gregory Dickens, and Assistant City Manager John Lynch, IV. VISITORS Visitors in attendance are as follows: Messrs. Don Perkins, Robert M. Tafel, M.D., Floyd D. Culbertson, Theron L. Bonham, Jim Culbertson, Mike Allen, Sneed Kaker, and George Christian, and Mrs. Claire Richardson. INVOCATION The invocation was given by Mayor Pro Tem Willie Mae McCormick. APPROVAL CF MINUTES The minutes of the regular meeting dated November 8, 1977, were approved as written. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 528 CHANGING THE ZONING FOR "C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT WITH "SP" SPECIFIC USE PERMIT ON A PORTION OF BLOCK 3., OAK FORREST ADDITION - REQUEST OF CENCOR SERVICES Mr. Pippin moved to approve second and fi n a I reading of Ordinance No. 528, changing the 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 Forrest Addition, for a Day Care Center as requested by Cencor Services. (Page Two, Regular Meeting, Euless City Council, November 22, 1977) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. FURTHER CONSIDERATION CF ZONING CASE NO. 263 REQUEST CF UN I VEST CORPORATION FCR 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 3F, JAMES MATSON SURVEY Mr. McFarland stated he received from Mr. Mike Allen, President of Univest, the assignment of restricted convenant and these assignments have been executed, both by Univest and FJF Development Corporation, and if it is the pleasure of the Council to rezone the property, it is his opinion that next to having control of zoning, this would provide the Council control for enforcement of the residential restrictions on the 171 acre tract of land. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve first reading of the ordinance rezoning Tract 3D and 3F, James Matson Survey, from ''R -3" and "R -4" Multi - Family Dwelling District to "R -5" Multi - Family Dwelling District. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Ozebek Nays: None Mayor Samuels declared the motion carried. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 52-9 ALLOWING CITY EMPLOYEES WHO HAVE TERMINATED PREVIOUS MEMBERSHIP I N TEXAS MUNICIPAL RETIREMENT SYSTEM TO REDEPOSIT THESE FUNDS FOR THEIR RETIREMENT Mr. Ozebek moved to approve second and final reading of Ordinance No. 529 allowing City employees who have terminated previous membership in Texas Municipal Retirement System to redeposit these funds for their membership retirement. (Page Three, Regular Meeting,' Euless City Council, November 22, 1977) Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Walker and Pippin Nays: None Mayor Samuels declared the motion carried. I V. CONSIDER RESOLUTION NO. 421 DISCONTINUING CITY "S PARTICIPATION IN SOCIAL SECURITY DEDUCTIONS Mr. Ozebek moved to approve Resolution No. 421 discontinuing the City's participation in Social Security deductions. Mr. Walker seconded the motion. Mrs. McCormick stated when the employees were polled, it was the desire of the majority of the employees to discontinue the deductions and when this is finalized the City will consider something that will take the place of this deduction. The vote on Mr. Ozebeck's motion is as f o l lows. : Ayes: Messrs. Ozebek, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. V. PUBLIC HEARING: ZONING CASE NO. 264 - REOtJEST CF CULBERTSON APARTMENTS FOR CHANGE CF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT 10 "R -5" MULTI - FAMILY DWELLING DISTRICT ON LOT 5 AND A PORTION OF LOT 4, RAY SHELTON SUBDIVISION Mayor Samuels opened the public hearing on Zoning case No. 264 for change of zoning from "R -1" Single - Family Dwelling District to "R -5" Multi - Family Dwelling District and recognized Mr. Jim Culbertson. Mr. Culbertson introduced Mr. Floyd Culbertson and Mr. Theron Bonham, contractor for the apartments. Mr. Culbertson stated that they want to build some luxury apartments while the price is still reasonable. Mr. Culbertson stated that they appeared in the public hearing before the Planning and Zoning Commission and there was one (1) person in opposition to the rezoning. He stated that by building apartments this (Page Four, Regular Meeting, Euless City Council, November 22, 1977) t r a c t o f land w i l l bring in about three times the amount of taxes as it would under residential, and they anticipate starting construction as soon as possible. He stated the designs are a t t r a c t i v e and w i l l have more floor space in the same price range as other apartments in Euless. Mayor Samuels inquired the total acreage and the total number of units in the development. Mr. Culbertson stated the complete tract is fifteen (15) acres, with approximately one acre being lost in the middle of the development for a street to be dedicated to the City, with increments of apartments built as they go in for odd shape and odd position with twenty- four (24) u n i t s per acre. He f u r t h e r stated there w i l l be eleven acres in apartments, three and one -half (34) acres left in the front for an off -set, down the middle there w i l l be a gateway and office for the apartmerts, leaving the front three(3) acres undeveloped at this time. He stated that they are dedicating a fifteen (15) foot right -of -way to widen Harwood Road. He stated he plans to live in these apartments and operate them. He stated that they are not building a swimming pool, because of the projection of water shortage i n l a t e r years. He stated the apartments w i l l have 900 square feet to 1000 square feet in each apartment. Mr. Pippin inquired the number of units in the initial phase. Mr. Culbertson stated twenty -four (24) per acre, two acres at a time until they reach the area they will leave undeveloped. un its. story units. open space. the Euless requirements. Mr. Lynch inquired the height of the M r . Culbertson stated they w i l l be two - Mr. Lynch inquired if there will be any M r . Culbertson stated they w i l l have Mr. Pippin inquired if they are aiming at a particular family type of tenant that w i 1 I exclude families. M r . Culbertson stated t h a t they w i l l accept f a m i l i e s and they w i l l have a playground for the children. Mr. Pippin inquired if there will be a green area. Mr. Culbertson stated that due to the lack of space, there will be only play areas for the children. (Page Five, Regular Meeting, Euless City Council, November 22,1977) • Mrs. McCormick inquired the situation in Colleyville regarding the street and drainage. Mr. Culbertson explained their situations i n Col.leyvi 1 le. Mayor Samuels inquired if there were any other proponents:. Mr. Sneed Kaker stated he knows the location of the land and knows the capability of the builders and he would like to see this development approved. Mayor Samuels inquired if there were any 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 Planning and Zoning Commission and approve the first reading of ordinance changing the zoning from "R -1" Single - Family Dwelling District to "R -5" Multi - Family Dwelling District on Lot 5 and a portion of Lot 4, Ray Shelton Subdivision, as requested. Mrs. McCormick seconded the motion and the vote i s as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, and Ozebek _Nays: None Mayor Samuels declared the motion carried. V. PUBLIC HEARING - ZONING CASE NO. 265 - REOUEST OF MR. SNEED KAKER FOR CHANGE CF ZONING FROM "R -1" SINGLE - FAMILY DWELLING DISTRICT 10 "C -2" COMMUNITY BUSINESS DISTRICT ON TRACT 1A. T. A. CASH SURVEY - ABSTRACT 280 Mayor Samuels opened the public hearing on Zoning Case No. 265 for change of zoning from "R-1" Single - Family Dwelling District to "C -2" Community Business District on Tract 1A, T. A. Cash Survey, and recognized Mr. George Christian. Mr. George Christian stated he is representing Mrs. Richardson, owner of the land, Mr. Sneed Kaker, who has the property under contract, and E Systems, who has that contract under assignment for purchase of the property, if the rezoning is approved. He stated that they are requesting the Council's approval of the rezoning and also a resolution stating that the creek area going through this tract remain a green belt area, subject to the engineering and maintainence problems being resolved between (Page Six, Regular Meeting, Euless City Council, November 22, 1977) the property owners and the City staff. Mr. Christian stated he was advised by the City Attorney late this afternoon that this type of development can be constructed in "C -1" Neighborhood Business District instead of "C -2" Community Business District, and their request tonight is for approval of "C -1" zoning for medical offices and approval of the resolution that the creek remain in the natural state. He stated this development will bring access to the hospital and Spur 350 from the south with the completion of Westpark Way. He stated they are on a time table and the contract must be closed by December 5th and they will purchase the total fifty -one acres. Mr. Christian stated the zoning is compatible to the area. He stated t h a t twelve acres w i l l be sold to a group of doctors to be developed into an aerobic type medical facility, with approximately twenty -five acres being developed into residential zoning, and the remainder be developed into a high quality medical office and some neighborhood businesses to serve the needs of the area. He stated the green belt area is extremely important to the development of the aerobic center. Mr. Lynch stated that it is the staff's recommendation that the property be rezoned "PD" Planned Development with "C -1" and residential uses as the residential development may go into the "C -1" development. Mr. Christian stated they did not have sufficient time to draw complete plans as required by a Planned Development, and E Systems does not want to risk having their tax exempt status in jeopardy by being classified as a developer. He stated that the attorneys for E System are not ready to accept Planned Development because of previous experience i n Planned Development. Mr. Christian stated the single family developer has agreed to buy the r e s i d e n t i a l property and w i l l also buy property for them to have access to Westpark Way. Mrs. McCormick inquired the number of acres to be zoned "C -1 ". M r . C h r i s t i a n stated there w i l l be twenty -seven (27) acres total, with twelve acres to be developed by the doctors, three (3) to four (4) acres to be dedicated to the City for the street, two (2) acres will be taken back by the single family development a f t e r lot l i n e s are drawn, three ( 3 ) acres l i e in the bottom land t h a t w i l l not be developed, and the remaining six (6) is undecided at this time. Mr. Lynch stated that part of the property is in the flood plain area and the City Staff is considering amend- ing the ordinance to allow some flexibility. Mayor Samuels inquired if there were any other proponents. -y7 (Page Seven, Regular Meeting, Euless City Council, November 22, 1977) Mr. Mike Allen, President of Univest Corporation stated that property they own is south of the property in this zoning case, and the importance of completing Westpark Way is vital to the City and any development along this street. Dr. Roger Tafel stated he represents the group of doctors that are interested in the property. He stated he practices internal medicine at HEB Hospital and the concept that they are trying to bring to this area is not entirely new, as there is an aerobic center in Dallas. He stated that they want to create a cardiary - pulmonary diagnostic center and to combine this with an exercise program under the supervision of physicians and also create doctor's offices. He stated he feels this is a preventive type medicine. He further stated they would have the aerobic and health center along the creek so the area could remain in the natural state and they would landscape it and put in lighting for those who would use it at night or in the early morning hours. Mr. Ozebek inquired where the associated offices would be located that Dr. Tafel spoke of. Dr. Tafel stated these offices would be located on the three and one -half (32) acres along Westpark Way. Mrs. McCormick inquired if the hospital at one time had not talked about building some medical office space. Dr. Tafel stated "yes ", but they are not going to do that now, and they would not build the medical center if the hospital was going to build a facility. Mr. Walter Elliott stated that he thinks the concept is real good, and Mrs. Richardson's concern is that she would not allow anything to be constructed on her property that would be determental to any development, and Mr. Hunsicker, developer to the north, has indicated he is looking forward to this development. Mayor Samuels inquired if there were any other proponents; there being none, he inquired if there were any opponents; there being none, he declared the public hearing closed. Mr. Pippin inquired if our ordinance allows a parcel of land to be zoned as a Planned Development and the stipu- lations of the Planned Development be met or if each parcel of land can be presented as a site plan as it is developed. Mr. McFarland stated that the Planned Development gives the Council quite broad discretion in establishing the requirements for the subsequent development of the Planned Development project and if the Council so directs, they can allow the site approval in segments. 3d (Page Eight, Regular Meeting, Euless City Council, November 22, 1977) Mrs. McCormick moved to grant "C -1" Neighborhood Business on Tract 1A, T. A. Cash Survey, Abstract No. 280 on first reading of ordinance. Mr. Ozebek seconded the motion. Mr. Pippin inquired if Mrs. McCormick would amend her motion to include medical and dental related facilities, excluding veterinarian facilities. Mrs. McCormick and Mr. Ozebek agreed to the amendment. The vote on Mrs. McCormick's motion and amendment i s as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Pippin, and Walker Nays: None Mayor Samuels declared the motion carried. Resolution No. 420 Mr. Lynch stated the developer would like a committment from the City to indicate a willingness to go along with the greebelt concept and that is one of the contingencies that the City staff is interested in by looking at the development. He stated that the City has a lot of control through the drainage, by requiring concrete lined channels, but when there is one owner development, the staff has allowed a perpetual maintenance agreement which would be totally contingent upon the plan being acceptable to both the Council and t h e s t a f f , and t h e C i t y would s t i l l have control by approval of the plan. He further stated that this area is in the flood plain area and the City does have further control. Mr. McFarland stated that the resolution should reflect that the preference of the Council is that the creek, when it is developed as presented, be maintained as a natural greenbelt. Mr. Pippin moved to approve Resolution No. 420 indicating the Council's preference that the property which is the subject of Zoning Case No. 265 be developed in a manner which would maintain the creek area traversing such property as a greenbelt with engineering and the maintenance to be resolved between the developers and the City staff. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, and Mrs. McCormick Nays: None (Page Nine, Regular Meeting, Euless City Council, November 22, 1977) VII. CONSIDER FINAL PLAT APPROVAL CF TRACT 3 AR -2 AND TRACT 9. WESTPARK CENTRAL ADDITION Mayor Samuels recognized Mr. Walter Elliott, who stated he is representing Mr. Harry Hunsicker, developer of Westpark Central. Mr. Elliott stated he has reviewed the letter to the Planning and Zoning Commission and they find no exception to the l e t t e r and w i l l meet a l l the City requirements. He stated the street will be installed at this time, that a development is planned on Tract 9, and Tract 3AR -2 is being increased by some twenty -five feet to allow additional parking spaces for the professional building. Mr. Pippin moved to concur with the recommendation of the Planning and Zoning Commission and approve the fi n a I plat of Tract 3AR -2 and Tract 9, Westpark Central Addition. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Ozebek, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VIII. RESOLUTION NO. 419 DECLARING THE NECESSITY FOR IMPROVEMENTS TO NORTH MAIN STREET Mr. Ozebek moved to approve Resolution No. 419, declaring the necessity for improvements to North Main Street and the advertisement for bids. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Ozebek, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. IX. ACQUISITION CF PROPERTY FOR FIRE STATION NO. 1 Mrs. McCormick moved to authorize the City Manager to purchase a twenty (20) foot strip of land on the west side of 4/ (Page Ten, Regular Meeting, Euless City Council, November 22, 1977) Fire Station No 1 and fronting on SH183 and the property at the rear of the building for $9,899.75• Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, and Ozebek Nays: None CITY ATTORNEY'S REPORT Mayor Samuels declared the motion carried. X. Assessment Procedure Mr. McFarland stated there was some discussion on the ability of the City to improve North Main Street in two increments, possibly toward the end of reviewing and accepting bids on Phase One, and then perhaps taking the opportunity to negotiate with the onsite contractor for Phase Two, which would be an extension of improvements from the end of Phase One through Harwood Road. He stated the law and the City Charter states that any contracts of construction improvements has to be the subject of bidding and advertising for bids; therefore, the City will have to advertise for bids for Phase Two of the contract for the improvements. He stated the Council can have t h e assessment p u b l i c hearing f o r a l l improvements and set the assessment on a I I the improvements and the statutes allows you to contract and improve in increments. He stated the Council should instruct the City Attorney, if they wish to have a public hearing on all the North Main Street Improvements, even though it is done in two increments. He stated the Council asked him at the last Council meeting whether the City would be required to assess, when they have t h e p u b l i c hearing, a l l property equally. He stated they researched it and reviewed his findings for the Council. He stated that they are satisfied that the Council does have the authority, if it finds that it would be unjust and inequitable to assess a I I property owners equally on a front foot basis to vary that assessment. Mr. McFarland stated that the City can assess all of the curb and gutter and 900 of the street but not more than the enhanced value of the property to be improved. Flood Plain Requirement Mr. McFarland stated that the City adopted, by resolution, a Flood Plain requirement that the City comply with the requirement of the Federal government. He stated the City has received correspondence from the federal government that if the City does not approve an ordinance by January 5, 1978, the City will not be eligible to receive loans. M r . McFarland stated he w i l l be contact with Senator Lloyd Bentsen (Page Eleven, Regular Meeting, Euless City Council, November 22, 197+ and Senator John Tower and see what is required and report back to the Council . XI, CITY ENGINEER'S REPORT NI Mr. Dickens stated that Southwestern Bell Telephone Company w i l l have t o relocate t h e i r l i n e s and bids w i l l be opened on December 2nd for the improvements to North Main Street from Royal Oaks Estates to Trai (wood Drive. XII. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 p.m. APPROVED: /5/ Harold D. Samuels Mayor ATTEST: /s/ Della Houy City Secretary