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HomeMy WebLinkAbout1977-12-139 Regular Meeting Euless City Council December 13, 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 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, City Engineer Kenneth English, and Assistant City Manager John Lynch, IV, VISITORS Visitors in attendence were Mssrs. Don Perkins, Buddy Alvey, Sneed Kaker, George Christian, and Mrs. Myrtle Hall, INVOCATION The invocation was given by Mr, John Lynch. APPROVAL CF MINUTES The minutes of the regular meeting were approved with the following correction: Page Three - Item IV - Resolution No. 421 should be Ordinance No. 533 discontinuing the City's participation in Social Security deductions on first and final reading. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO, 530 FOR CHANGE OF ZONING FROM "R -3" AND "R -4" MULTI - FAMILY DWELLING DISTRICT ON A PORTION OF TRACT 3D AND TRACT 3F, JAMES MATSON SURVEY - REQUEST CF UN I VEST CORPORATION - ZON ING CASE NO. 263 MI's. McCormick moved to approve second and fi n a I reading of Ordinance No. 530 for a 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. r (Page Two, Regular Meeting, Euless City Council, December 13, 1977) Mr. Walker seconded the motion. Mr. Hunt stated that he regrets that he couldn't be present for the public hearing and first reading of ordinance, and he has some questions he would like to ask. He stated in the minutes he notices the expression restrictive covenant, and asked Mr. McFarland to explain the covenant to him. Mr. McFarland explained the restrictive covenant to retain the single family development in the property south of West Park without rezoning the property to "R -1" Single Family Dwelling. Mr. Hunt stated he doesn't see how any particular credit can be assumed when another individual is going to develop a portion of the property, relative to the over -all density. Mr. McFarland stated that the person who bought the property joined in the assignment of the restrictive covenant. Mr. Hunt stated that the zoning is changing the property from twelve (12) units per acre and sixteen (16) units per acre to twenty -four (24) units per acre and in his opinion, twenty -four (24) units per acre is too high density in Euless and particularly in this area. The vote on Mrs. McCormick motion is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, and Ozebek Nays: Mr. Hunt Mayor Samuels declared the motion carried. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. S31 FCR 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 - REQUEST CF CULBERTSON APARTMENTS - ZONING CASE NO. 264 Mrs. McCormick moved to approve second and final reading of Ordinance No. 531 for change of 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. Mr. Ozebek seconded the motion. (Page Three, Regular Meeting, Euless City Council, December 13, 1977) Mr. Hunt stated in the minutes the question was asked the number of units in the initial phase that was to be developed, but no mention was made of the total number of units on the total number of acres. Mr. Pippin stated that it wasn't stated, but he cannot build more than twenty -four (24) units per acre. Mr. Hunt inquired if Mr. Culbertson was talking about building apartments on fifteen (15) acres and on only eleven (11) acres. Mr. Pippin stated they are not talking about the total fifteen (15) acres, as Mr. Culbertson can not develop the entire piece of property. Mr. Walker stated that Mr. Culbertson did not have a specific number of units in mind, but the number of units mentioned was 240 units. Mrs. McCormick stated that as she under- stands it, Mr. Culbertson stated they will build twenty -four units per acre, and the three (3) acres may be developed if the other apartments went over well, but perhaps sometimes in the future the three (3) acres may be used for a hotel. Mr. Kaker stated that the ultimate three ( 3 ) acres w i l l not be apartments, because they d o n ' t know when the lady w 1 1 1 move from the house that is there now. Mr. Walker inquired if Mr. Hunt's concern was that the developer w 111 build 364 units on eleven (11) acres. Mr. Hunt stated that is part of his concern, but we have had an unpleasant experience with high density apartments in Euless and we are leaving it up to the discretion of the developer to build the total number of units allowed when the Council approves an "R -5" zoning, and this allows a large number of people in a small area. Mr. Pippin stated the Council can't force a developer to submit a Planned Development unless we pass some ordinances and we may want to do that in the future. He stated that the Council has to have some faith in the developer as he develops and give him some feeling of confidence, and in order to develop a decent community in the future, the Council is going to have to show him some willingness to cooperate, and there is some land t h a t w i l l support higher density than other land, and the Council has to take this into consideration. Mrs. McCormick stated that there was not (Page Four, Regular Meeting, Euless City Council, December 13, 1977) any opposition to the zoning change at the Planning and Zoning Commission hearing or the Council hearing and she has talked with some of the property owners adjoining the property and their remarks were that they would like to see the development. The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs, McCormick, Messrs. Ozebek, Walker, and Pippin Nays: Mr. Hunt Mayor Samuels declared the motion carried. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 532 FCR CHANGE CF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 1A, T. A. CASH SURVEY, ABSTRACT NO. 280 - REQUEST OF MR. SNEED KAKER - ZONING CASE NO. 265 Mr. Ozebek moved to approve second and final reading of Ordinance No. 532 for change of zoning from "R -1" Single Family Dwelling District to "C -1" Neighborhood Business District on Tract 1A, T. A. Cash Survey, Abstract No. 280. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Pippin, Walker, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. IV. AUTHORIZE CITY MANAGER TO PURCHASE AND TRAIN A DOG FOR NARCOT I CS INVESTIGATION Mr. Hunt moved to authorize the City Manager to purchase a narcotics dog for the City, to be used in the H -E -B School District area. Mr. Walker seconded the motion. Mr. Hunt stated that he heard that the recent demonstration by a narcotics dog was very successful at the schools and it appears the project would be very beneficial to the City and School District. (Page Five, Regular Meeting, Euless City Council, December 13, 1977) Mayor Samuels asked Mr. Hunt to include in his motion that until a dog can be secured and trained for the City, the City again have available the services of the narcotics dog that was here previously. Mr. Hunt and Mr. Walker agreed to the amendment and the vote is as follows: Ayes: Messrs. Hunt, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. V. CONSIDER BIDS - THREE 3/4 TON PICKUPS AND ONE - SIX YARD DUMP TRUCK Members of the Council had been presented copies of the bids for the three (3) 3/4 ton pickups and the six (6) yard dump truck. The bids are as follows: BIDDER Ted Arendale Ford Payton - Wright Ford Hudiburg Chevy City Hyden - Stiles GMC BIDDER Payton - Wright Ford Hudiburg Chevy City Hyden-St i les GMC Three (3) 3/4 Ton Pickups BID PER UNIT $5,566.62 $5,311.57 $5,100.00 $5,381.64 TOTAL BID $16,699.86 $15,934.71 $15,300.00 $16,144.92 Six (6) Yard Dump Truck DELIVERY DATE 60 days 45 - 75 days 40 days 60 -90 Days BID PER UNIT DELIVERY DATE $9,866.71 $9,293.42 $9,115.62 45 - 90 days 60 days 60 - 90 days Mrs. McCormick moved to concur with the recommendation of the Director of Public Works and accept the bid of Payton - Wright Ford Sales, Inc., in the amount of $5,311.57 bid per unit, $15,934.71 total bid, for the three (3) 3/4 ton pickups and Hyden - Stites GMC, in the amount of $9,115.62, for the six (6) yard dump truck. Mr. Pippin seconded the motion. Mr. Hunt stated that noting the specifi- cations and based on the recommendation of Mr. Bullard, the bid by Payton - Wright Ford Sales was not the lowest bid, but because the three (3) 3/4 ton pickups that he recommenr4a happens to meet all of the specifications, and in Mr. Hunt's opinion, d 3/4 ton' pickup is a 3/4 ton pickup. He stated that the low (Page Six, Regular Meeting, Euless City Council, December 13, 1977) bid is $5,100.00 and if the Council would consider what the 3/4 ton pickups w i l l be used for, the difference would be negligible, and he would like to see the City purchase the Hudiburg Chevrolet bid at a lesser figure. Mr. Pippin stated that with the bidding system that the City must employ by stated law, we must go with specifications, and there is a specification deviation. Mayor Samuels stated that the policy of the City has been moved to award the low bidder that meets specifications. A discussion followed on the specifications and bids on 3/4 ton pickups and the performance of the present vehicles. Mr. Hunt stated that the Council needs to have the facts and figures on the operation of City vehicles when they consider bids for new vehicles. Mr. Pippin stated that the Council is obligated to support the lowest bid that meets the specifications. The vote on Mrs. McCormick's motion is as f o I lows : Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Ozebek Nays: None Abstain: Mr. Hunt Mayor Samuels declared the motion carried. VI. CONSIDER APPROVAL OF SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR SEVEN (7) VEHICLES FOR THE POLICE DEPARTMENT The Council had previously received copies of the specifications for the vehicles for the police department. They reviewed the specifications and made changes as needed. Mr. Hunt moved to approve the specif- ications as amended and to authorize the City Manager to advertise for bids for seven (7) vehicles for the Police Department. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Walker, Pippin, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Seven, Regular Meeting, Euless City Council, December 13, 1977) VII. Ordinance No. 534 - Speed Zone Ordinance Mr. McFarland reviewed Ordinance No. 534, amending a portion of Ordinance No. 116, for the council, and stated this amendment brings the City in compliance with the interpretation of the County Criminal Judge. Mr. Pippin moved to suspend the rule requiring two readings of an ordinance and approve Ordinance No. 534 on first and final reading'. Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Ordinance No. 535 - Flood Plain Ord inance Mr. McFarland presented and reviewed Ordinance No. 535 in reference to the Flood Plain. Mr. Ozebek' moved to approve first and final reading of Ordinance No. 535 in reference to the Flood Plain. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Pippin, Hunt, and Mrs. McCormick Nays: None VIII. CITY ENGINEER'S REPORT Mr. Kenneth English presented the bids for the improvements to North Main Street from Royal Oaks Estates to Trailwood Drive, as follows: BIDDER Texas Bitulithic Co. S.R.O. Asphalt, Inc. BID $229,842.62 $280,029.11 COMPLETION DATE 180 Calender Days 225 Calender Days (Page Eight, Regular Meeting, Euless City Council, December 13, 1977) Mr. English stated he recommends the Council award the contract to the low bidder, Texas Bitulithic in the amount of $229,842.62, and that the City advise them that they were the low bidder and the City is pursuing other matters that have to do with the assessment procedure and the contract w i l l be awarded as soon as these formalities are completed. Mr. Walker moved to concur with the recommendation of the City Engineer and accept the low bid of Texas Bitulithic Company in the amount of $229,842.62, for the improvements to North Main Street from Royal Oaks Estates to Trailwood Drive. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Hunt, Ozebek, and Mrs. McCormick Nays: None IX, APPROVAL OF PLANS FCR REMODEL OF CITY HALL Mayor Samuels declared the motion carried. Mr. Lynch stated that the City staff requests the Council's approval of the plans for the remodeling of City Hall after the Police department moves into their new building. He stated that if the staff can have the completed plans by January 10, 1978, they can advertise for bids, with approval of the bids by the middle of February, and then begin construction by the last of February. Mr. Ozebek moved to approve the plans as submitted for the remodeling of City Hall. Mr. Pippin seconded the motion. Mr. Pippin inquired if in this remodeling, would there be a reworking of the air conditioning system in this building to make it more energy saving. Mr. Lynch stated he wouldn't want to recommend anything less, as there is no return air system at this time. Mr. Sustaire inquired if the reworking of the air conditioning system, to include return air ducts, would be considered a capital project expenditure or a maintainence expenditure. Mr. McFarland replied it can be done either way, as you are adding a return air system or you can consider it in the remodeling cost. (Page Nine, Regular Meeting, Euless City Council, December 13, 1977) Mrs. McCormick inquired if this could be an alternate bid and if the City can't afford it, then it's time to study priorities. Mr. Ozebek moved to ammend his motion to include an alternate bid to improve the air conditioning and heating system. Mr. Pippin seconded the amendment and the vote is as follows: Ayes: Messrs. Ozebek, Pi'ppin, Walker, Hunt, and Mrs. McCormick Nays: None X. JOINT MEETING WITH PLANNING AND ZONING COMMISSION Mayor Samuels declared the motion carried. Mr. Walker moved that the Counoil have a joint meeting with the Planning and Zoning Commission on Tuesday, December 20, 1977, at 7:30 p.m. Mrs. McCormick seconded the motion and the vote is as follows; Ayes. Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. Mayor Samuels stated that the meeting wi l l be convened into executive session to discuss pending legal matters with the City Attorney, and will be reconvened into open session to complete the agenda. open session at 11:00 p.m. XI. Mayor Samuels reconvened the ;meet ing into CONSIDER RESOLUTION NO. 422 APPROVING AND ADOPTING ENGINEER'S ESTIMATE: CALLING A PUBLIC HEARING FCR DETERMINATION OF ASSESSMENT: DIRECTING ADVERTISEMENT AND MAILING NOTICES THEREOF Mr. Walker moved to approve Resolution No. 422, calling a public hearing for January 10, 1978, and approving the engineer's estimated cost of such improvements at $307,521.74, and establish- ing an assessment not to exceed $25.33 per front foot on residential property, (Page Ten, Regular Meeting, Euless City Council, December 13, 1977) with rccommended credits per Section 3, paragraph c, d, and e, of Resolution No. 422, and that the proposed assessment for commercial be $50.66 per front footage on North Main Street. Mrs. McCormick seconded the motion. A discussion followed on the assessment procedure. The vote on Mr. Walker's motion is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. XII, AUTHORIZE THE CITY MANAGER TO SECURE THE REMAINDER OF THE RIGHT - OF - WAY ON NORTH MAIN STREET Mr. Pippin moved to authorize the City Manager to secure from Lot 1, Ray Shelton Addition, owned by Mid - Cities Property, the minimum amount of right -of -way necessary for the construction of North Main Street, at a value of $1.73/ square foot for an approximate cost of $24,500. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Ozebek, Hunt, and Walker Nays: Mrs. McCormick XIII. BEAR CREEK PARK Mayor Samuels declared the motion carried. M r . Sustaire reported t h a t the City w i l l acquire the final tract of land for Bear Creek Park on Friday, December 16th. (Page Eleven, Regular Meeting, Euless City Council, December 13, 1977) XIV. ADJOURNMENT There being no further business, the meeting adjourned at 11 :30 p.m. APPROVED: /s/ Harold D. Samuels Mayor ATTEST : /s/ Del I a Houv City Secretary F � �