HomeMy WebLinkAbout1979-02-27Regular Meeting
Euless City Council
February 27, 1979
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 Harald Samels. Other members present were Mayor Pro -tem
Willie Mae McCormick, Councilmen Robert Pippin, Glenn Walker, Charles Hunt,
and Raymond Ozebek.
Also present were City Manager W. M.
Sustaure, 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 attendance were Messrs. Coy
Moon, Walter A. Elliott, Jr., Rick Barnes, San Cotton, James Titus, Beryl
Stewart, James Davies, Bill Pasteur, and Bill Deener; Mesdms. Myrtle Hall,
Tamita Pasteur, and James Davies.
INVOCATION
The invocation was given by Mr. John Lynch, IV.
APPROVAL OF MINUTES
The minutes of the regular meeting dated
February 13, 1979, were approved as written.
CONSIDER SECOND AND FINAL READING OF
ORDINANCE NO- 561 REZONING A PORTION OF
TRACT 12, RAY SHELTON SUBDIVISION FROM
"PD" PLANNED DEVELOPMENT WITH NO DEVELOPMENT
PLAN APPROVED TO "PD" PLANNED DEVELOPMENT
WITH DEVELOPMENT PLAN APPROVED FOR AN APARTMENT
OFFICE, CLUBHOUSE AND GARAGES FOR OAKWOOD ACRES
ESTATES - ZONING CASE NO. 277
Mr. Ozebek moved to approve second and f i n a l
reading of Ordinance No. 561 rezoning a portion of Tract 12, Ray Shelton Sub-
division from "PD" Planned Development with no development plan approved to "PD"
Planned Development with development plan approved for an apartment office,
clubhouse, and garages fo r Oakwood Acres Estates.
Mr. Pippin seconded the motion and the vote
is as follows:
Ayes: Messrs. Ozebek, Pippin, Hunt, Walker, and Mrs. McCormick
Nays: None
(Page Two, Regular Meeting, Euless City Council, February 27, 1979)
Mayor Samuels declared the motion carried.
II.
CONSIDER ORDINANCE GOVERNING THE FRANCHISE
FOR CABLE TELEVISION SERVICE
Mr. Walker moved to table consideration of
an ordinance governing the franchise for cable television service and requested
the City Attorney to make the necessary changes in language concerning obscenity,
pornography, etc., as discussed in the pre - council meeting and after the changes
are made t h e Council w i l l again review the ordinance.
Mr. Pippin seconded the motion.
Mr. Cribbs stated he explained to the
C o u n c i l , the extreme d i f f i c u l t y faced i n d e f i n i n g what i s a r t and what i s por-
nography, but he w i l l do as the Council has directed and w i l l write safeguards
and controls i n t o the ordinance, which w i l l reserve the Council the right to
prohibit obscenity and pornography from cable television in the City of Euless.
The vote on Mr. Walker's motion is as
follows:
Ayes: Messrs. Walker, Pippin, Hunt, Ozebek, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
PUBLIC HEARING - ZONING CASE NO. 278 - REQUEST OF
GEORGE NOKES FOR CHANGE OF ZONING FROM "C -2"
COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE
PERMIT TO ALLOW OUTSIDE STORAGE OF RENTAL
CONTRACTOR'S EQUIPMENT ON LOT 8 AND A PORTION OF
LOT 7, HARWOOD PLAZA ADDITION
Mayor Samuels opened the public hearing
on Zoning Case No. 278 for change of zoning from "C -2" Community Business
District to "SP" Specific Use Permit to allow outside storage of rental
contractor's equipment on Lot 8 and a portion of Lot 7, Harwood Plaza Addition,
and stated the Council would hear from the proponents f i rst and then the
opponents. Mayor Samuels recognized Mr. Beryl Stewart.
Mr. Stewart stated he is representing Mr.
George Nokes, owner of this property. He located the property as being south
of Gibson's on FM157. He stated they are asking for the Specific Use Permit
for ARA Rental, that they will be moving their business from the City of Fort
Worth to the City of Euless. He stated the City's zoning ordinance requires
a Specific Use Permit to allow outside storage. He stated they concur with
the requirement of a screening fence around the portion of the development
where there will be outside storage so it will not be viewed from the residential
Cie
(Page Three, Regular Meeting, Euless City Council, February 27, 1979.)
development to the east. He stated they also concur with the recommendation
of the Planning and Zoning Commission to have enough set -back to permit parking
in front of the building without having to back -out onto FM157.
Mr. Hunt inquired, in the event the single
family area i s developed, w i l l there be a screening fence of some type to pro-
tect these residences?
Mr. Stewart stated that a screening fence
is required to screen all outside storage when they apply for a building permit,
and t h i s w i l l be done when the property is developed.
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 moved to concur with the
recommendation of the Planning and Zoning Commission and approve first reading
of an ordinance rezoning Lot 8 and a portion of Lot 7, Harwood Plaza Addition
from "C -2" Community Business District to SP" Specific Use Permit.
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.
IV,
PUBLIC HEARING: ZONING CASE NO. 279 - REQUEST
OF BART JOHNSON, JR.. AND COY MOON FOR CHANGE OF
ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT
TO "R -3" MULTI - FAMILY DV\ELLING DISTRICT - 12 UNITS
PER ACRE. ON LOT 6 RAY SHELTON SUBDIVISION
Mayor Samuels opened the public hearing on
Zoning Case No. 279 for change of zoning from "R -1" Single Family Dwelling
District to "R -3" Multi - Family Dwelling District - 12 units per are and stated
the Council would hear from the proponents first and then the opponents. Mayor
Samuels recognized Mr. Coy Moon.
Mr. Moon stated he is representing himself
and Mr. Bart Johnson, owners of the property that is under consideration in
this zoning change request. He stated he acquired this property in 1960 and
in 1962 he b u i l t his house where he resides on the property. He stated .the
time seems appropriate to develop the property and he believes that this re-
quested zoning is the best use of the property and is compatible with their
retirement needs. He stated there i s a single family development to the east,
"�" "R -5" Multi - Family zoning to the west and this zoning i s appropriate as a
buffer between the two zones. He stated the structures to be built are four -
plexes and possibly some three - plexes, the maximum planned height is two -story
and will be constructed of brick veener, with each unit between 1280 square
(Page Four, Regular Meeting, Euless City Council, February 27, 1979)
feet and 1600 square feet. He stated they will be constructed and designed to
appeal to the upper income people. He stated with favorable zoning, preparations
on the plan can begin within a few weeks, and financing does not seem to
pose a problem. He stated this request has been presented before the Planning
and Zoning Commission and was favorably voted on.
Mayor Samuels inquired if there were any
other proponents; there being none, he inquired if there were Opponents.
Mr. Bill Pasteur stated he is with Quadrangle
Development Company, developers of Meadowview Addition, the property to the east,
and they are in complete opposition to this zoning case as presented, or rather
due to the lack of presentation. He stated the lack of presentation imposes
numerous uncertainities on them and this is the basis of their opposition. He
stated they are in the midst of a single family development and they did not
anticipate an apartment development in the back yards of these homes. He
stated they have fifteen lots adjacent to this property.
Mr. Pasteur read from the City's zoning
Ordinance, Section 7 -103, the uses permitted in "R -3" zoning. He stated that
according to the zoning ordinances, efficiency apartments could be built with a
minimum of 400 square feet. He stated the height l i m i t in "R -3" i s
thirty -five (35) feet and that could accomodate a four -story building.
Mr. Pasteur stated he did not see any plot
plan, street layout, or anything that details or shows the intention of the
applicant at the Planning and Zoning Commission meeting or at the City Council
meeting, tonight, He stated they could possible withdraw their opposition to a
zoning case such as this if such planning were more definite, and they would
certainly hold themselves available to the applicants to meet and try to co-
operate with them if they so desire, but under the present circumstances they
do oppose the rezoning.
Mayor Samuels inquired if there were any
other opponents; there being none he declared the public hearing closed.
Mr. Hunt moved to concur with the recom-
mendation of the Planning and Zoning Commission and approve the first reading
of an ordinance rezoning Lot 6, Ray Shelton Subdivision from "R -1" Single
Family Dwelling District to "R -3" Multi - Family Dwelling District - 12 units
per acre.
Mr. Pippin seconded the motion and the
vote is as follows:
Ayes: Messrs. Hunt, Pippin, Walker, and Mrs. McCormick
Nays: Mr. Ozebek
Mayor Samuels declared the motion carried,
(Page Five, Regular Meeting, Euless City Council, February 27, 1979)
V.
PUBLIC HEARING - ZONING CASE NO. 280 - REQUEST
OF BILL BRAZIL AND JAMES TITUS FOR CHANGE CF
ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT
TO "L -1" LIMITED INDUSTRIAL DISTRICT ON TRACTS 4E
AND 4E1, LEVI FRANKLIN SURVEY, ABSTRACT 513
Mayor Samuels opened the public hearing on
Zoning Case to 280 for change of zoning from "R -1" Single Family Dwelling
District to "L -1" Limited Industrial District on Tracts 4E and 4E1, Levi Franklin
Survey, Abstract 513, and stated the Council would hear from the proponents first
and then the opponents. Mayor Samuels recognized Mr. Walter Elliott.
Mr. Elliott stated he is representing the
p e t i t i o n e r s , Messrs. B i l l Brazil and James Titus. He stated an office building
w i l l be constructed on the front portion of the property and the rear of the
property w i l l be in keeping with the "L -1" zoning. He stated "L -1" zoning is
compatible with the residential zoning that might be adjacent to the property
and he has visited with the adjacent property owners to the south and they have
submitted a letter stating that they have no objection to the proposed zoning.
He stated M r . B r a z i l w i l l construct and move his business, Cody Air Conditioning
Company, on the south portion of one of the tracts and i t w i l l contain approxi-
mately 8000 square feet with twenty (20) parking spaces.
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.
Mrs. McCormick moved to concur with the
recommendation of the Planning and Zoning Commission and approve first reading
of an ordinance rezoning Tracts 4E and 4E1, Levi Franklin Survey, Abstract 513
from "R -1" Single Family Dwelling District to "L -1" limited Industrial District.
Mr. Walker seconded the motion and the
vote is as fo I lows:
Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
VI.
CONSIDER REPLAT OF LOTS 3 AND 4, ROSS CANNON
ADDITION INTO LOT 3R. ROSS CANNON ADDITION
Mayor Samuels recognized Mr. Jim Davies,
engineer representing the Southwestern Bell Telephone Company,
Mr, Davies stated the telephone Company
has their present building on Lot 4 and it overlaps on portions of two lots.
(Page Six, Regular Meeting, Euless City Council, February 27, 1979) ..
He stated they are going to expand their facility onto Lot 3 and into a portion
of the lot adjacent to Lot 3, and since they will have a building across four
(4) lot lines they decided to replat the two lots into one lot. He stated they
are in the process of vacating the existing easement along the north line of
Lots 3 and 4.
Mrs. McCormick moved to concur with the
recommendation of the Planning and Zoning Commission and approve the replat of
Lots 3 and 4, Ross Cannon Addition into Lot 3R, Ross Cannon Addition.
Mr. Pippin seconded the motion and the
vote is as follows:
Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Ozebek, and Hunt
Nays: None
Mayor Samuels deci.ared the motion carried,
VII,
CONSIDER PRELIMINARY AND FINAL PLAT OF LOT 1,
FOUNTAIN CENTER ADDITION - REQUEST OF THOMES
& SHIPLEY. INC.
Mr. Walker moved to concur with the recom-
mendation of the Planning and Zoning Commission and approve the preliminary
and final plat of Lot 1, Fountain Center Addition.
Mr. Hunt seconded the motion ,
Mrs. McCormick inquired if the developers
have met all the requirements?
Mr. Walker stated he was under the impression
the developer had agreed to the stipulations of Mr. Lynch's letter and that he
would amend his motion to include that the developers be in compliance with
Mr. Lynch's letter.
Mr. Hunt seconded the amendment.
M r . Lynch stated the developers w i l l have
to extend their twelve inch water line north to connect with the City's twelve
inch line in order to have proper pressure and flow rate in order to provide
f i r e protection f o r the property. He stated the developer w i l l need to locate
two sewer lines, one that is on the north side of the property and one that is
on the south side of the property, and connect them to one manhole. He stated
he recommends that the developer identify the location of both of the lines
satisfactorily, and handle the sewer in some other way beside under the build-
ing and dedicate the easements accordingly, He stated if they had known that
the developers had not located the sewer l i n e they would not have referred the
plat to the Planning and Zoning Commission, because it is the procedure that
all full and final engineering plans be submitted with final plat and without
{Page Seven, Regular Meeting, Euless City Council, February 27, 1979)
those lines being identified he wouldn't have considered them final plans.
The motion on Mr. Walker's motion and
amendment is as follows:
Ayes: Messrs. Walker, Hunt, Ozebek, Pippin, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
Mr. Lynch stated the developer applied for
a building permit and they assumed that the property had been platted, but
according to the tax records the property had not been platted. As soon as the staff
members discovered the property had not been platted, they decided to leave
the building permit active until the property had been platted and approved.
He stated the staff is under considerable pressure to issue a building permit
as soon as possible, but the standard procedure is to file a plat whenever
the engineering plans are complete and the funds for development are sscrowed
in accordance with bids for the approved contracts. He stated the building
permit w i l l be issued as soon as the above criteria are met.
Mr. Sustaire stated that the City's water
department located the sewer lines for them two months ago and they called
again earlier this week and requested the City relocate the lines again.
He stated they did relocate the lines and gave them some maps indicating the
location of the 1 ines.
VIII,
CONSIDER FINAL PLAT - PARKWOOD ADDITION,
SECTION TWO - REQUEST OF RICHLAND ENTERPRISES
Mr. Walker moved to concur with the
recommendation of the Planning and Zoning Commission and approve the final
plat of Parkwood Addition, Section Two.
Mr. Ozebek seconded the motion and the
vote is as follows:
Ayes: Messrs. Walker, Ozebek, Pippin, Hunt, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
IX.
CONSIDER REPLAT OF TRACT 4A BLOCK 3, WILSHIRE
VILLAGE ADDITION INTO LOTS 4AR, 5A 6A, AND
7A, BLOCK 3, WILSHIRE VILLAGE ADDITION
Mrs. McCormick moved to concur with the
recommendation of the Planning and Zoning Commission and approve the replat of
9Y
(Page Eight, Regular Meeting, Euless City. Council , February 27, 1979)
Tract 4A, Block 3, Wilshire Village Addition into Lots 4AR, 5A, 6A, and 7A,
Block 3, Wilshire Village Addition in compliance with the staff's letter.
Mr, Ozebek seconded the motion and the vote
is as follows:
Ayes: Mrs. McCormick, Messrs. Ozebek, Pippin, Walker, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
X.
CONSIDER PROPOSALS FOR AERIAL MAPPING
OF THE CITY OF EULESS
Members of the Council had previously
received a memorandum indicating the estimates received for aerial photos and
topographic maps of the city, The estimates are as follows:
Dallas Aerial Surveys
Dallas, Texas
Texas Aerial Surveys
Addison, Texas
Metropol i tan Aerial Surveys
W i l l iams - Stackhouse, Inc.
San Antonio, Texas
5' contour interval 2' contour interval
on topos on topos
$11,720.00
$13,622.00
$21,455.00
$15,795.00
$24,985.00
$28,140.00
$31,180.00
Mayor Samuels inquired if the Council
approves an estimate tonight, can the mapping be done within thirty days maximum
so it can be done before the trees leaf out?
Mr. Lynch stated he would request that if
it is the desire of the Council to proceed with this that the staff be authorized
to negotiate with the low bidder for a price not to exceed $15,795 for the two
foot interval on topos.
Mayor Samuels inquired how lung these maps
would be valid?
M r . Sustaire stated the contour map w i l l be
valid for now on, that the only difference would be any new construction that
the City would have.
Mr. Pippin moved to approve the low bid of
Dallas Aerial Survey for a two foot interval map in the amount not to exceed
$15,795.00.
(Page Nine, Regular Meeting, Euless City Council, February 27, 1979)
Mr. Walker seconded the motion,
Mr. Ozebek stated he sees a variance in the
pricing and inquired if there is a stated accurancy?
Mr. Lynch stated the accuracy is based on
the type of equipment used, t h a t b a s i c a l l y they a l l use the same equipment.
The vote on Mr. Pippin's motion is as
follows:
Ayes: Messrs. Pippin, Val ker, Hunt, Ozebek, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
XI.
CONSIDER ORDINANCE NO.,. 562 FOR SCHOOL ZONE
SPEED LIMITS AT TRINITY H IGH SCH00L
Mr. Ozebek moved to suspend the requirement °
of two separate ordinance readings and approve Ordinance No•562 on f i r s t and
final reading for school speed limits at Trinity High School at thirty -five
(35) miles per hour from 7:00 a.m. to 9:00 a.m. and 2 :00 p.m. to 4 :00 p.m. on
school days.
Mr. Walker seconded the motion and the
vote is as follows:
Ayes: Messrs. Ozebek, Walker, Pippin, Hunt, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
XI I.
AUTHORIZING FOR ENGINEERING FOR
RESURFACING SOUTH MAIN STREET
Mr. Ozebek moved to authorize the City
Manager to seek the engineering and estimates on resurfacing of South Main
Street.
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.
(Paae Ten. Reaular Meeting. Euless city Council. February 27. 1979)
XIII,
CONDITION OF BUILDING ON
WEST EULESS BOULEVARD
Mr. Ozebek inquired if anybody could advise
him concerning a building that is for sale on West Euless Boulevard? He stated
a portion of the building is burned and the windows and doors are open and as
it is across the street from an apartment complex, it is a hazard.
Mr. Sustaire stated that Dr. Ernest Sachse
is the owner of record of the building and that they started to remodel the
building but that has been discontinued.
Mayor Samuels inquired if there is an ex-
isting ordinance pertaining to a situation such as this?
Mr. Cribbs stated he believes there is,
that he would have to do some research on it.
Mr. Sustaire stated it would not be any
problem to hang a condemned sign on the building and if the litigation has been
settled and they will allow someone to go onto the property, we can have the
property cleaned up.
XIV.
NORTH MAIN STREET
Mayor Samuels stated that on his way to the
Council meeting he almost had an accident when a car turned cross -way in front
of him on North Main Street and when he stopped he noticed a pickup had pulled
into the center lane because there were two boys standing in the street and it
points out the fact that we need sidewalks on North Main Street.
Mayor Samuels inquired if funds are avail-
able to acquire the right -of -way for these sidewalks?
Mr. Sustaire stated that there may be some
property t h a t we may have t o condemn to get it a l l but we w i l l find funds for
the right -of -way.
Mr. Walker stated that we need markers on
the new section of North;Main Street.
Mr. Sustaire stated that marking the
street is not part of the coitract, t h a t the C i t y w i l l be doing that with in-
house labor when the City has accepted the street from the contractor.
(Page Eleven, Regular Meeting, Euless City Counci 1, February 27, 1979)
XV,
TRIP TO NEW YORK
M r . Sustaire reported t h a t he w i l l be leaving
for New York on Wednesday to meet with Standard & Poor's Corporation and Moody's
Ilnvestor Services to establish a good bond rate for the water treatment plant
expansion. He stated Trinity River Authority will be selling $1.3 million in
bonds for this expansion.
XVI,
COMMENTS
Mr. Hunt stated the HEB Chamber of Commerce
is planning another visit to New York on March 14, 15 and 16 and was wondering
if anyone from the City will participate in this trip. He stated the first
trip was a success.
Mr. Pippin inquired the status of the repair
of the water tank on Central Drive.
Mr, Sustaire stated the contractor had
started the sand - blasting prior to the last rain and they anticipate being com-
plete by mid - April.
Mr. Pippin inquired when the speed zone
lights would be installed at Central Junior High School?
Mr. Sustaire stated they would be installed,
Mlongwith the ones on FM157 near Trinity High School, beginning next week.
XVII,
_ADJOURNMENT
There being no further business, the meeting
adjourned at 9:10 p.m.
APPROVED:
/s/ Mayor Harold Samuels
Mayor
ATTEST:
/s/ Della Houy
C ity Secretary