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HomeMy WebLinkAbout1979-06-26/4/ Regular Meeting Euless City Council June 26, 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 Harold Samuels. Other members present were Mayor Pro - tem Willie Mae McCormick, Councilmen Charles Hunt, Raymond Ozebek, Robert Pippin, and Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer B i l l Flowers, and Administrative Assistant Lynn Shackelford. VISITORS Visitors in attendance were Don Perkins, Walter Campbell, Tommie Samuels, Carole Samuels, Edwin Seider, Marine Seider, Mrs. Ed Seider, Jr., Bob Scott, Stephen Crim, George Paschell, Cl iff Meyer, A. D. Hamly, Tommy Free, Dan McGouyi, Dicki Tucker, Bill Schiller, Andy Lawrence, Victor Baxter, T. D. Austin, J. W. Hippie, Bobby R. Fuller, W. G. Ragley, B i l l Meier, John Stull, and Myrtle Hall. INVOCATION The invocation was given by Councilman Robert Pippin. APPROVAL CF MINUTES The minutes of the regular meeting dated May 22, 1979, were approved as written. PRESENTATION CF SERVICE PINS Mayor Samuels presented ten year service pins to Tommy Free, Public Safety Department, and Edwin Seider, Public Works Department. 041H OF OFFICE ADMINISTERED TO MAYOR Sâ– MUELS AS A MEMBER OF THE GOVERNOR'S ADVISORY COMMITTEE State Representative Bob McFarland, also City Attorney for the City of Eu ess, administered the Oath of Office to Mayor Samuels as a member of the Governor's Advisory Ccrrrni ttee . (Page Two, Regular Meeting, Euless City Council, June 26, 1970 CONSIDER PRELIMINARY PLAT - BAVARIAN VILLAGE ADDITION Mr. John Stull, Goodson Engineers, stated he is presenting the preliminary plat of Bavarian Village Addition, located on Spur 350 and FM157. He stated the property is zoned commercial. He stated they have submitted the plans to the City Engineers and the engineers have approved them. Mr. Walker stated that for the benefit of those in the audience that are unaware of what is to be located on this property, would M r . S t u l l e x p l a i n what Bavarian V i l l a g e w i l l consist of. Mr. Stull stated Item IV on the agenda w i l l be the final plat approval for the site for a LaQuinta Motel and Denny's Restaurant is being constructed on the west side of this site. Mr. Ozebek moved to concur with the recommendation of the Planning and Zoning Commission and approve the pre- liminary plat of Bavarian Village Addition. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Hunt, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Pro -tem McCormick declared the motion carried. (Mayor Samuels was absent from the room at this time.) IV. CONSIDER FINAL PLAT - LOT C BAVARIAN VILLAGE Mr. Stull stated this is the site for LaQuinta Motor Inn and the engineering plans have been approved by the engineer- ing department and the City staff. He stated there was one item that was discussed at the Planning and Zoning Commission meeting regarding the required parking spaces so the developers purchased an additional twenty feet on the east side of their property. He stated they have talked with the planning staff and the staff is in agreement that they can change their final file plat, including the extra twenty feet, and submit it at this time. Mr. McCormick inquired if this additional land w i l l be sufficient for the required 1.2 parking spaces. M r . S t u l l stated i t w i l l be. (Page Three, Regular Meeting, Euless City Council, June 26, 1979) Mr. Ozebek inquired regarding the water and sewer lines that appear to be under the buildings? Mr. Stull stated this was a misunderstanding, that they have indicated plumbing lines that connect to the main sewer line and main water line on the plat. He stated they have complied with all the city requirements. Mr. Pippin asked Mr. Flowers if he was in agreement that all subjects of his letter have been met satisfactorily? Mr. Flowers stated yes. Mr. Pippin moved to concur with the recommen- dation of the Planning and Zoning Commission and approve the final plat of Lot C, Bavarian Village Addition. 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. V. FURTHER CONSIDERATION CF A CABLE TELEVISION FRANCHISE Mrs. McCormick moved that the franchise for cable television in the City of Euless be granted to Tarrant Cable Communications, Inc., a subsidiary of Storer Broadcasting Company. Mr. Walker seconded the motion and the vote is as f o I lows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek Nays: None Abstain: Mr. Hunt Mayor Samuels declared the motion carried. VI. PUBLIC HEARING - ZONING CASE NO. 286 FOR CHANGE CF ZONING FRJCM "C -2" COMMUNITY BUSINESS DISTRICT TO "1 -1" LIGHT INDUSTRIAL PARK ON A PORTION OF TRACTS 1A AND 2,BLOCK 3, EULESS INDUSTRIAL PARK ADDITION Mayor Samuels opened the public hearing on Zoning Case No. 286 for change of zoning from C -2" Community Business District /67 (Page Four, Regular Meeting, Euless City Council, June 26, 1979) tts "I -1" Light Industrial District on a portion of Tracts 1A and 2, Block 3, Euless Industrial Park Addition and stated the Council would hear from the proponents f i r s t and then any opponents. Mayor Samuels recognized M r . C l i f f Meyer. Mr. Meyer stated he is representing Curtis 1000 in requesting approval for the change of zoning from "C -2" Community Business District to "I -1" Light Industrial District on a portion of their property. He stated the property is located just south of Highway 183. He stated they own two lots and their present building is on a lot that is zoned "1 -1" and they would like to add on to their present building. He stated they need this rezoning to comply with the restrictions of the City of Euless. He stated this request was presented to the Planning and Zoning Commission who recommended approval. Mayor Samuels inquired i f 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. Ozebek moved to concur with the recommendation of the Planning and Zoning Commission and approve the first reading of an ordinance rezoning a portion of Tracts 1A and 2, Block 3, Euless Indus- trial Park Addition from "C -2" Community Business District to "1 -1" Light Industrial District. 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. VII. CONSIDER PRELIMINARY PLAT - MIDWAY SQUARE ADDITION Mr. Stephen Crim, with Lomas & Neddleton Mortgage Bankers, stated they are requesting approval of the preliminary plat on 109 acres located between Harwood Road and Airport Freeway. He stated they w i l l s e l l a p o r t i o n o f the property and w i l l develope some of the property themselves. He stated t h i s development w i l l be similar to the Texas Center on Highway 183 in Irving, with office buildings located at the front of the tract. He stated the south portion of the tract is zoned "C -2" Commercial and also a portion on the north fronting on East Harwood Road, "L -1" Limited Industrial south of East Midway Drive and "R -5" Multi - Family north of East Midway Drive. He stated they have talked with a developer that is interested in developing the apartment zoning, at a later date, and they may request a down zone on some of the commercial property on the north to a residential type zoning. Mr. Crim stated that an identical prelim- inary plat was approved i n 1973, but the plat was never filed and recorded. (Page Five, Regular Meeting, Euless City Council, June 26, 1979) He stated they are requesting approval of the preliminary plat, approval of the final plat on Phase I, and the redesign of the off -ramp from Airport Freeway. He stated the failure of redesigning of the off -ramp in 1972 was partially the cause of the property not being developed in 1973, because the property was accessible from the Airport Freeway. Mayor Samuels stated, as he understood from reading the Planning and Zoning Commission minutes, the redesign of the off -ramp had been discussed with someone from the State Highway Department and that the proposed rerouting drawing was a suggestion from that department. Mr. Grim stated that is correct, and he has a copy of a letter to former City Manager C. J. Griggs from Mr. Stone of the State Highway Department, written in 1973, that he will pass out later in the meeting. Mrs. McCormick inquired the amount of the right -of -way that wi 11 be dedicated for Fuller -Wiser Road? Mr. Crim stated they are requesting the preliminary plat be approved as close as possible to the plat that was approved in 1973 and at that time the Council approved a sixty -eight (68) foot right - of -way and they requesting the same. He stated a sixty -eight foot right - of -way will allow a forty -eight foot paved street. Mrs. McCormick stated that in 1973 it was approved as sixty -eight feet and she has reread all the minutes of that meeting and there is not any mention of an eighty foot right -of -way. She stated she called several surrounding cities and they told her that it depends on where the street is located as to the amount of right -of -way that is dedicated. Mr. Hunt inquired if the Council would be in violation of the city ordinance if they approved sixty -eight feet instead of eighty feet? Mayor Samuels stated that if it were a major thoroughfare, then the Council would be in violation of the ordinance if they approved sixty -eight foot right -of -way. Mr. McFarland inquired if Fuller -Wiser Road is designated as a major thoroughfare on the City's adopted Master Plan Map at this point? Mr. Pippin stated yes, from Spur 350 to Road and the Council should give some consideration to having this as a major north /south thoroughfare all the way to Glade Road. Mr. Hunt stated there would be an off -set at Harwood Road and inquired if this wouldn't be a traffic hazard? Mr. Crim stated there was a lot of dis- cussion on this matter at the Planning and Zoning Commission meeting and it (Page Six, Regular Meeting, Euless City Council, June 26, 1979) was decided there was enough stacking distance between the two roads which would not create a traffic hazard. He stated they are requesting that the street rema'in as it is on the plat as the owners would loose a significant amount of square footage if the street were redesigned. Mr. McFarland stated it is his position that the City has adopted the Subdivision Rules and Regulations in ordinance form and the ordinance provides and requires the dedication of an eighty -foot right -of -way and a paving width of forty -eight to sixty feet on any street shown as a thoroughfare on the City's Master Plan. He stated the staff has advised him tbat the street is designated as a thoroughfare on the Master Plan at this point and it is his opinion that the Council has no authority to grant a variance to any of its ordinances. He stated the Council does have the authority to amend its subdivision ordinance or its Master Plan Ordinance at any time. He stated th is i s h is opinion, subject to research. He stated the easiest thing the Council could do, if they desired to, would be to amend the Master Plan and designate Fuller -Wiser Road as a collector street at this location. Mr. Hunt stated he is concerned that the State Highway Department may be less apt to grant a major change in the off - ramp design to other than a thoroughfare street. M r . C r i m stated i f the Council i s agree- able w i t h the City Attorney, they w i l l concur with the dedication of an eighty (80) foot right -of -way. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the pre- liminary plat of Midway Square Addition with an eighty (80) foot dedicated right -of -way for Fuller -Wiser Road. She stated she thinks the Council should instruct the City Staff and the Planning and Zoning Commission to study some of the designated thoroughfare streets, and other streets, that some of these streets might require less right -of -way than others. Mr. Sustaire stated the City is in the process of developing another plan a t t h i s time which w i l l involve this and he hopes to have it complete in the near future. He stated he would recom- mend that we not downgrade Fuller -Wiser Road in any regard because the development of North Euless is dependant on the installation of this street. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Hunt, Walker, and Pippin Nays: None Mayor Samuels declared the motion carried. (Page Seven, Regular Meeting, Euless City Council, June 26, 1979) VIII. CONSIDER FINAL PLAT - MIDWAY SOUARE ADDITION. PHASE ONE Mr. Stull stated they are requesting the approval of the final plat of Phase One, from Spur 350 to East Midway Drive, for installation of the streets and utilities only, to allow them to sell portions o f t h e property and when t h e property i s developed each t r a c t w i l l have to have a final plat approved. Mr. Hunt moved to concur with the recom- mendation of the Planning and Zoning Commission and approve the final plat of Midway Square Addition, Phase One, with an eighty (80) foot dedicated right -of -way for Fuller -Wiser Road. 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. IX. CONSIDER RESOLUTION NO. 451 SUPPORTING THE REALIGNMENT CF THE FULLER -WISER ROAD INTERSECTION WITH SPUR 350 Mr. Crim presented the Council members a copy of a letter former City Manager C. J. Griggs received from Mr. Stone of the State Highway Department in 1973, regarding the revision of the off -ramp from Airport Freeway. He stated the present off -ramp is approximately 100 feet west of proposed Fuller -Wiser Road and this will make it difficult to exit to Fuller -Wiser Road from the freeway. He stated they are requesting a redesign of the off -ramp to make their property more accessible to Spur 350. He stated they w i l l dedicate the right -of -way to the State for the off -ramp and w i l l pay the State to have this done, as it may take the State several years to have funds available for this revision. Mr. Crim stated the State Highway Depart- ment requires that a public hearing is offered to be held, if there are persons in opposition to the revision. He stated this is set by the Uniform Code of Right -of -way Acquisition. Mr. Pippin moved to approve Resolution No. 451 supporting the realignment of the Fuller -Wiser Road intersection eith Spur 350. Mr. Walker seconded the motion. Mayor Samuels asked Mr. Pippin to amend (Page Eight, Regular Meeting, Euless City Council, June 26, 1979) his motion calling a public hearing and instruct the City staff date of the public hearing and publish the notices. to set the Mr. Pippin and Mr. Walker concurred with the amendment, and the vote is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried.! X. CONSIDER ORDINANCE AMENDING ORDINANCE NO. 568, CITY'S WATER AND SEWER ORDINANCE Mrs. McCormick moved to app reading of an ordinance amending Ordinance No. 568 regarding th and Sewer Ordinance. Mr. Walker seconded the moti vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Nays: None ove the first City's Water on and the Hunt Mayor Samuels declared the motion carried. XI. CONSIDER RESOLUTION NO. 452 AUTHORIZING THE NORTH CENTRAL TEXAS COUNCIL CF GOVERNMENTS TO PURCHASEMOBILE AND PORTABLE RADIO EQUIPMENT IN BEHALF OF THE CITY OF EULESS Mr. Pippin moved to approve Resolution No. 452 authorizing the North Central Texas Council of Governments to purchase mobile and portable radio equipment in behalf of the City of Eulless. Mr. Walker seconded thenotilon and the vote i s as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI I. CONSIDER ORDINANCE ABANDONING FIVE FOOT OF A TEN FOOT DRAINAGE EASEMENT ON LOT 8, BLOCK 1, OAKWOOD TERRACE ADDITION Mr. Walker moved to approve first reading 169 (Page Nine, Regular Meeting, Euless City Council, June 26., 1979) of an ordinance abandoning five foot of a ten foot drainage easement on Lot 8, Block 1, Oakwood Terrace Addition. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XIII. CONSIDER RESOLUTION NO. 453 FOR ADDITIONAL FUNDS FCR BEAR CREEK PARK IMPROVEMENTS Mr. Hunt moved to approve Resolution No. 453 for additional funding for Bear Creek Park Improvements. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Walker, Ozebek, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XIV. CONSIDER APPOINTMENTS TO COUNCIL FOR SOCIAL CONCERNS Mayor Samuels stated this item would be tabled until the July 10, 1979, meeting. XV. CITY ATTORNEY'S REPORT Mr. McFarland reviewed two bills adopted by the past L e g i s l a t u r e t h a t effect c i t i e s . He stated Senate B i l l 621 causes some revision to the appraising procedures for taxing entities, which include municipal entities. He stated this bill provides for a single u n i t a r y county appraisal system, t h a t w i l l become effective next year. M r . McFarland stated there w i l l be sub- mitted to the voters, a constitutional amendment to provide for a consoli- dation-6f taxing entities as to their assessing functions. M r . McFarland stated t h a t House B i l l 1060 implemented a comprehensive form tax re l i e f amendment that was approved by the voters in November, 1978. He stated the portion that regards taxation for the City is the mandatory requirement that open space land suitable for agricultural and timber land be valued on its productivity basis. He stated IV) (Page Ten, Regular Meeting, Euless Ciyt Council, June 26, 1979) the Council can defer implementation of this action until 1980. He stated he wi I I prepare a resolution for the Council's consideration at the July 10, 1979, meeting, if it be the pleasure of the Council to defer granting the broader exemption to open space land for agricultural and timber land valuation until 1980, that it will be mandatory in 1980. CITY ENGINEER'S REPORT XVI. South Main Street Overlay Mr. Flowers stated at the May 22, 1979, meeting the Council awarded the contract to AAC, Inc., for the overlay of South Main Street, subject to submittal of a financial statement. He stated they have received this financial statement and mailed them the contracts last week for them to sign. He stated they are concerned that the company will not be able to be bonded. He stated they do not have the executed con- tracts and have been unable to communicate with them. North Main Street Improvements Mr. Flowers stated the contractor i s working on some of the corrections that need to be made and the engineers are s i I I f i n d i n g problems, but these w i l l be corrected before making final payment to the contractor. XV. PAVILION I N BEAR CREEK PARK Mr. Sustaire asked the City Attorney if the City has to advertise for bids for building the pavilion if the City builds it with in -house labor. He stated they have advertised for bids twice for this improvement and both times the bids came in over the money that is available for this improvement. He stated they can purchase a kit f o r the p a v i l i o n t h a t w i l l cost approximately $10,000 to $12,000. Mr. McFarland stated he would research this and advise the City Manager on Wednesday. ADJOURNMENT adjourned at 9:21 p.m. XVI. There being no further business, the meeting APPROVED: is/ Harold D. Samuels ATTEST: Mayor /s/ Della Houy City Secretary