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HomeMy WebLinkAbout1979-01-09Regular Meeting Euless City Council January 9, 1979 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:05 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, Robert Pippin, and Charles Hunt. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney James Cribbs, City Engineer B i l l Flowers, and Assistant City Manager John Lynch, IV. VISITORS Visitors in attendence were Messrs. Don Perkins, Raymond Armstrong, W. G. Ragley, Richard Thomes, B. R. Heath, Lynn Shackelford, and Rick Barnes; Mesdms. Zoe Petersen, Sualice Armstrong, Sharon Morgan, and Myrtle Hall. INVOCATION The invocation was given by Mayor Pro -tem Wi 11 i e Mae McCormick. APPROVAL CF MINUTES The minutes of the regular meeting dated December 12, 1978, and the emergency meeting dated December 20, 1978, were approved as written. Mayor Samuels inquired if there has been any work done on the repair of the two million gallon water tank? Mr. Sustaire stated the contractor, Mr. Cline of Water Tank Service Company, Inc., is to begin work on January 10. He stated the cost for the repair is approximately $73,000, less than was anticipated. FURTHER CONSIDERATION CF ZONING CASE NO. 276 - REQUEST CF W. 0. FERGUSON FOR CHANGE CF ZONING FR CM "C -2" COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT FOR A COMMERCIAL AMUSEMENT CENTER ON A PORTION CF LOTS 4, 5, AND 6, BLOCK2 EULESS GARDENS ADDITION Mayor Samuels stated that a public hearing was held on Zoning Case No. 276 on December 12, 1978, but the decision was (Page Two, Regular Meeting, Euless City Council, January 9, 1979) tabled pending a public hearing before the Planning and Zoning Commission; the Planning and Zoning has had their public hearing and have recommended approval with certain stipulations. Mrs. McCormick moved to approve the rezoning of a portion of Lots 4, 5, and 6, Block 2, Euless Gardens Addition, from "C-2" Community Business District to "SP" Specific Use Permit for a commercial amusement center, based upon the representations of the applicant, Mr. Ray Armstrong, the zoning change request and Specific Use Permit being subject to the following restrictions affecting the Specific Use Permit granted at the premises, as follows: 1, No Gambling. 2. No Comsumption or possession of alcoholic beverages 3. No standing, congregating, or loitering, of more than three (3) persons on the exterior of the premises in excess of th i rty (30) consecutive minutes 4. Shirts, Blouses, or upper torso clothing covering is required. To facilitate the owners - operators enforcement of such restrictions, the holder of the Specific Use Permit has agreed to post, in a prominant location on the premises, signs as follows: INSIDE: "No Gambling Permitted" INSIDE: "No Possession or Consumption of Alcoholic Beverages permitted" EXTERIOR: "No standing, Congregating, or Loitering Permitted ." Mr. Hunt seconded the motion. Mr. Pippin inquired if field notes regarding parking have been submitted, as required by the City Staff? Mr. Barnes stated the original request included t h e U -Totem Store and a l l of the buildings that are indicated on the map. He stated that the actual request, as recommended for approval by the Planning and Zoning Commission, is only that portion of the property that will be used for the amusement center. Mr. Armstrong presented copies of the portion that will be used as the amusement center and the parking facilities. Mr. Pippin inquired if this will adequate parking? Mr. Armstrong stated there are over forty (40) parking spaces in the north parking lot, eight (8) in front of the store, and there could be additional parking spaces in the back of the build- ing, if needed. gOOMMO (Page Three, Regular Meeting, Euless City Council, January 9, 19_25) Mr. Hunt inquired if Mr. Armstrong would be agreeable to putting up a sign No Profanity" if profanity got out of control? Mr. Armstrong replied yes, that he is against profanity and wants to operate a clean business. The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs. McCormick, Messrs. Hunt, Pippin, Walker, and Ozebek Nays: None Mayor Samuels declared the motion carried. Mr. Armstrong stated he has talked with the Chamber of Commerce and they have set the grand opening for January 26th, at approximately 5:30 p.m., and he would I i ke to have the Mayor cut the ribbon. Mr. Armstrong personally invited the Council members to attend the grand open- ing. Mr. Lynch stated there was some question raised about the effective date of the rezoning, and a zoning change takes two readings of the ordinance before the City Council. He stated the City staff would not be able to allow the amusement center to be opened until after the second reading of the ordinance, that the only way an ordinance can be approved on first and final reading is on an emergency basis. Mr. Armstrong stated that he doesn't know if it would be appropriate to ask for an emergency reading of the ordinance, but the public hearing was delayed due to failure of notification of property owners and the Christmas holidays, and he is wondering if there is any way they could buy the licenses for the machines, get the machines in the1 bui ld- ing and test them for a period of time before the opening. Mrs. McCormick stated that it is in the ordinance that a rezoning takes two readings of the ordinance and the Council could not amend the ordinance in that length of time. Mr. Sustaire stated that the license could be issued for the machines, the machines could be installed and tested by free play prior to second reading of the ordinance, but Mr. Armstrong would be violating the ordinance if he charged for playing the machines before the rezoning becomes effect ive. Mr. Ragley inquired if this same criteria applies to all businesses that have this type of machines in them? Mr. Cribbs stated we have a two -prong problem here; one, zoning, and two, there is a Specific Use Permit that deals with amusement centers, which is a defined business activity in the City. He stated Mr. Armstrong is seeking a Specific Use Permit to open a youth activity (Page Four, Regular Meeting, Euless City Council, January 9, 1979.) center and also a zoning change. He stated when the rezoning was requested a problem occurred in notifying the property owners as the law required, but the Council had their public hearing and adjourned it until tonight, after a hearing before the Planning and Zoning Commission, so that Mr. Armstrong didn't have to appear a second time. He stated the Council has before them a copy of the minutes of the Planning and Zoning Commission, that the Council has attempted to come up with an extra effort to try to avoid things that are against the law anyway, such as gambling and possession of alcoholic beverages, and Mr. Armstrong has agreed to post signs, but there is not an ordinance against a pin -ball machine in a 7 -11 store, and the ordinance is not so exact that it is required that these stores get a Specific Use Permit to do that. Mr. Armstrong inquired if there would be any problem with them getting the licenses for the machines and putting the machines in the center? Mayor Samuels stated that Mr. Armstrong could get hi -s permits for the machines as there is nothing in the ordinance that would prohibit him from taking out the permits, but he cannot legally open the amusement center and charge to play the machines until after January 23rd. Mr. Ozebek states he feels apologetic and uncomfortable about the restrictions put on Mr. Armstrong and his business • and inquired if the restrictions on amusement centers wasn't originally initiated for pool halls? Mr. Cribbs stated the definition in the ordinance is broad enough to cover any amusement center. *Mr. Ozebek stated he thinks the ordinance needs to be clarified because there are some amusement centers operating in Euless in conjunction with other businesses: He stated he wished the Council could do something to preclude this happening in the future. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 559 REZONING A PORTION OF TRACT 27, BLOCK C, SOMERSET PLACE ADD 1 111 C@N- F RO(t4l1 "C -1" NE I G H B O R H O O D BUSINESS DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT Mr. Ozebek moved to approve second and final reading of Ordinance No. 559 rezoning a portion of Tract 27, Block C, Somerset Place Addition from "C -1" Neighborhood Business District to "C -2" Community Business District. Mr. Walker seconded the motion and the vote is as folluws: Ayes: Messrs. Ozebek, Walker, Pippin, Hunt, and Mrs. McCormick Nays: None (Page Five, Regular Meeting, Euless City Council, January 9, 1979) Mayor Samuels declared the motion carried. III. CONSIDER BIDS - ONE 1979 COMMERCIAL VAN, 1WJ 1979 FOUR -DOOR SEDANS, TVIO 1979 PICKUPS, AND ONE 1979 WINDOW VAN Mr. Sustaire stated the City advertised for bids fo r ohe 1979 commercial van, two 1979 four -door sedans, and two 1979 pickups, and one 1979 window van, and received one bid fo r the 1979 commercial van to be used in the Fire Department. He stated the City received one bid on the 1979 four -door sedans, but the bid was recieved one day after the bids were opened and cannot be considered. ONE 1979 COMMERCIAL VAN Members of the Council had previously received copies of the bid received for the 1979 commercial van for the Fire Department. The bid is as follows: Metro Ford Truck Sales, Inc. $9289.00 30 Days Mr. Sustaire stated this bid meets the specifications and funds are available, and he recommends acceptance of this bid. Mr. Hunt moved to concur with the recom- mendation of the City Manager and approve the bid of Metro Ford Sales, Inc., in the amount of $9,289.00 for the 1979 commercial van for the Fire 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. T\O 1979 FOUR -DOOR SEDANS, TWJ 1979 PICKUPS, AND ONE 1979 WINDOW VAN Mrs. McCormick moved that since there were no b ds received on these vehicles, she would authorize the City Manager to nego iate for these vehicles and report back to the Council at their next regu ar meeting and also prepare a report to find the reason why there were no bids submitted and this report also be presented at the next regular council meeting. Mr. Pippin seconded the motion. Mr. Sustaire stated the City Secretary mailed specifications to twelve bidders that did not respond. He stated he (Page Six, Regular Meeting, Euless City Council, January 9, 1979) would designate M r . Shackelford t o contact these people and he w i l l have a report for the Council at the next meeting. The vote on Mrs. McCormick' s motion i s as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. IV. CONSIDER AUTHORIZATION FOR CITY MANAGER TO PURCHASE THE FURNITURE FOR THE COUNCIL CHAMBERS AND CONFERENCE ROOM Mr. Pippin moved to authorize the City Manager to negotiate for the purchase of the furniture for the Council Chambers and the Conference Room. 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, v. FURTHER CONSIDERATION FCR CONSULTANT SERVICES ON A PORTION OF THE COMPREHENSIVE PLANNING FROGRAM FOR EULESS Mr. Suataire stated that he would recommend the Council table this item for this time. Mr. Pippin moved to concur with the recommendation of the City Manager and table the consideration for the Consultant services on a portion of the Comprehensive Planning Program for Euless at this time. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Seven, Regular Meeting, Euless City Council, January 9, 1979) VI, CONS IDER'.RESOLUT ION NO.. 443 AUTHORIZING THE CITY OF EULESS TO PARTICIPATE 1_N THE DEVELOPMENT OF A JUVENILE LAW ENFORCEMENT UNIT Mr. Ozebek moved to approve Resolution No. 443 authorizing the City of Euless to participate in the development of a Juveni le Law Enforcement Unit. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs, Pippin, Walker, and Hunt Nays: None Mayor Samuels declared the motion carried. CITY RECEIVES A CRIME PREVENTION GRANT Mr. Sustaire seported that the City has received funding for a Crime Prevention Grant, with 100 %funding for one year, from the state. He stated t h i s w i l l be used to establish a Crime Prevention Unit in the Police Department. VII. FURTHER CONSIDERATION OF A CABLE TELEVISION FRANCHISE Mr. Lynch stated the staff has drafted a proposed ordinance concerninn a cable television system in the City of Euless and they propose that this ordinance be considered for first reading at the next regular meeting, Mr. Hunt moved to table the consideration of a cable television franchise for further review and discussion of the proposed ordinance until the next regular meeting, at which time the Council will have had an opportunity to review the proposed ordinance governing the franchise. Mr. Pippin seconded the motion. Mr. Ragley inquired if the proposed ordinance would be available to the cable television companies submitting bids? Mr. Lynch replied yes, that they plan to submit this ordinance to the franchisees for their comments after the Council has given the ordinance first reading. (Page Eight, Regular Meeting, Euless City Council, January 9,1979) The vote on Mr. Hunt's motion is as follows: Ayes: Messrs. Hunt, Pippin, Ozebek, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried,. VIII. CONSIDER RESOLUTION NO. 444 CALLING A PUBLIC HEARING ON ZONING CASE NO. 277 - REQUEST OF RICHARD J. THOMES FOR A CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT WITH NO DEVELOPMENT PLAN APPROVED TO "PD" PLANNED DEVELOPMENT WITH DEVELOPMENT PLAN APPROVAL FOR AN APARTMENT OFFICE /CLUBHOUSE AND GARAGES FOR OAKWOOD ACRES ESTATES ON A PORTION OF TRACT 12, RAY SHELTON SUBDIVISION Mr. Pippin moved to approve Resolution No. 444 calling a public hearing on Zoning Case No. 277 for a change of zoning from "PD" Planned Development with no development plan approved to "PD" Planned Development with development plan approval fa r an apartment office /clubhouse and garages for Oakwood Acres Estates on a portion of Tract 12, Ray Shelton Subdivision for February 13, 1979. Mrs. McCormick seconded the motion and the vote i s as follows: Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Walker, Hunt, and Ozebek Nays: None Mayor Samuels declared the motiom carried, IX. CONSIDER RESOLUTION NO. 445 CALLING A MUNICIPAL ELECTION FOR APRIL 7, 1979 TO ELECT A MAYOR AND TWO COUNCILPERSONS Mr. Wal ker moved to approve Resolution No. 445 calling a Municipal Election for April 7, 1979 to elect a Mayor and two Counc i 1 persons. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. (Page Nine, Regular Meeting, Euless City Council, January 9, 1979) X. CONSIDER RESOLUTION N0, 446 AUTHORIZING THE CITY OF EULESS TO PARTICIPATE IN A SKID TESTING PROGRAM TO TEST THE COEFFICIENTS OF FRICTION ON SELECTED STREETS IN THE CITY OF EULESS Mr. Sustaire stated that the City is making application for a grant from the State of Texas to improve the condition of the paved streets within the City of Euless by having the State come into our City and test these streets where there are a large number of accidents. He stated t h a t t h i s r e s o l u t i o n w i l l enable the City to apply to the State of Texas and they will tome into' Euless and do this for us and this service is not available through any other source except the State Highway Department. M r . Ozebek i n q u i r e d i f the City w i l l be obligated to correct any problems that they find? Mr. Sustaire stated there will be a grant a v a i l a b l e through the Federal government t h a t w i l l pay up to 80% of the cost for resurfacing or repairing the streets. Mr. Ozebek moved to approve Resolution No. 446 authorizing the City of Euless to participate in a Skid Testing Program. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Pippin, Walker, Hunt, and Mrs. McCormick Nays: None CITY ATTORNEY'S REPORT Mayor Samuels declared the motion carried. XI. CONTRACT WITH AIRPORT BOARD Mr. Cribbs stated that the Council re- ceived a copy of an agreement between the City of Euless and the Airport Board relating to the Glade Road and Minters Chapel Road and the Airport Board has agreed t h a t i f the Ci'ty w i l l agree to close Minters Chapel Road, they w i l l permit the C i t y t o improve Glade Road and they w i l l maintain -it as it is now situated, as an access for Euless citizens into the airport complex. He stated the agreement does i n d i c a t e t h a t the Airport Board w i l l have the r i g h t , a t some l a t e r date, t o close Glade Road but they w i l l be required to relocate it and to continue access to the citizens of Euless from the east. He stated he would like for the Council to review the agreement and have i t on the agenda for final adoption at the next regular meeting, if that is thei r desire. (Page Ten, Regular Meeting, Euless City Council, January 9, 1979) Mayor Samuels stated the Council only received the agreement in the pre - council meeting and have not had time to review it, that the Council is receptive to the idea but they would like to review the agreement before approving it Mr. Pippin moved to table action on the agreement between the City of Euless and the Airport Board relating to Glade Road and Minters Chapel Road. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None CITY ENGINEER'S REPORT Mayor Samuels declared the motion carried, XI I. NORTH MAIN STREET IMPROVEMENTS Mr. Flowers stated the contractor has submitted a draw of approximately $350,000 and they are in the process of verifying the quantities. He stated the contractor has not completed the sidewalks, but the weather has been too bad for them to work on them. XII1. PROCEDURE FCR CALLING A PUBLIC HEARING Mr. Lynch stated there has been some discussion concerning the amount of time to expedite a zoning case. He stated the present policy requires that once the Planning and Zoning Commission hears a zoning case, it goes to the Council for them to set a public hearing date. I t requires fifteen (15) days notice i n the paper before the Council can have the public hearing so that makes the public hearing before the Council five (5) weeks after the Planning and Zoning Commission makes their recommendation. He stated they would like to make a recommendation that where there is a positive recommendation from the Planning and Zoning Commission, that the staff automatically set the public hearing for the earliest possible Council meeting. He stated that would cause a zoning case to be heard before the City Council two weeks earlier. He stated if the staff anticipates a heavy load on the Council, they can take exception to that procedure. Mayor Samuels stated he thinks it would be a good idea, that the Council would always have the Planning and Zoning minutes in enough time to review the action of the Commission. Mr. Pippin inquired if this is precluded by the City Charter? (Page Eleven, Regular Meeting, Euless City Council, January 9. 1979) Mr. Cribbs stated that the Council can set, as a matter of policy, that by an affirmative recommendation by the Planning and Zoning Commission a zoning case would automatically be set for a permanent hearing which would give them the right to publish the notice in the newspaper. Mayor Samuels stated that the Council may give some consideration that if a zoning case has a certain percent positive vote of the Planning and Zoning Commission and also the Council, the Council could approve the rezoning on the first reading of the ordinance at the time of the public hearing. Mrs. McCormick stated that she thinks the Council agreed orally that if there were no objections to the rezoning, the Council could vote on it at that time. Mr. Ozebek moved that the City staff be authorized to call a public hearing on zoning cases following the public hearing by the Planning and Zoning Commission, based on their action, in order to shorten the procedure for rezoning. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Hunt, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XIV. TRIP TO NEW YORK Mr. Hunt stated that he and Mr. Walker are looking forward to a trip to New York this week to meet with personnel of American Ai rl ines and hopefully they w i 1 I encourage some of the personnel to settle in Euless. ADJOURNMENT meeting adjourned at 9:00 p.m. ATTEST: Del I a Houv /s/ City Secretary XV. There being no further business, the APPROVED: /s/ Mayor Harold D. Samuels Mayor