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HomeMy WebLinkAbout1979-07-10Regular Meeting Euless City Council July 10, 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, Robert Pippin, Raymond Ozebek, 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 Messrs. Don Perkins, Walter E l l i o t t , D. R. Goode, B i l l Deener, and Ms. Debbie Graves. INVOCATION The invocation was given by Councilman Robert Pippin. APPROVAL OF MINUTES The minutes of the regular meeting dated June 26, 1979, and the called meeting dated June 27, 1979, were approved as written. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 576 AWARDING THE CABLE TELEVISION FRANCHISE TO TARRANT CABLE COMMUNICATIONS, INC. Mrs. McCormick moved to approve second and final reading of Ordinance No. 576 awarding the cable television franchise to Tarrant Cable Communications, Inc. Mr. Pippin seconded the motion. Mr. McFarland stated he would contact Senator Meier concerning a channel that wi I I be available for transmission from Tarrant County Junior College and advise Councilman Hunt of Mr. Meier's decis ion. The vote on Mrs. McCormick motion is as follows: /74 (Page Two, Regular Meeting, Euless City Council, July 10, 19) Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Ozebek Nays: None Abstain: Mr. Hunt Mayor Samuels declared the motion carried. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 577 FOR CHANGE CF ZONING ARCM "C -2" COMMUNITY BUSINESS DISTRICT TO "1-1" LIGHT INDUSTRIAL DISTRICT ON A PORTION CF TRACTS 1 A AND 2. BLOCK 3. EULESS INDUSTRIAL PARK ADDITION Mr. Ozebek moved to approve second and f i n a l reading of Ordinance No. 577 changing the zoning on Tracts 1A and 2, Block 3, Euless Industrial District. 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. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 578 AMENDING ORDINANCE NO. 568, CITY'S WATER AND SEWER ORDINANCE Mr. Pippin moved to approve second and final reading of Ordinance No. 578 amending Ordinance No. 568, City's water and sewer ordi nance. Mr. Hunt 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. IV. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 579 ABANDONING FIVE FOOT OF A TEN FOOT DRAINAGE EASEMENT ON LOT 8, BLOCK 1, OAKWOOD TERRACE ADDITION Mr. Walker moved to approve second and final reading of Ordinance No. 579 abandoning five foot of a ten foot drainage easement on Lot 8, Block 1, Oakwood Terrace Addition. (Page Three, Regular Meeting, Euless City Council, July 10, 1979) Mr. Pippin seconded the motion and the vote i s as follows: Ayes: Messrs. Walker, Pippin, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. V. PUBLIC HEARING - ZONING CASE NO. 288 FOR CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT, "R -3" MULTI - FAMILY DWELLING DISTRICT, AND "L -1" LIMITED INDUSTRIAL DISTRICT TO "R -1" SINGLE FAMILY DWELLING DISTRICT ON A PORTION OF TRACTS 1A AND 181, S. HUITT SURVEY. ABSTRACT 705 - REQUEST OF MAIN DEVELOPMENT COMPANY Mayor Samuels opened the public hearing on Zoning Case No. 288 for change of zoning from "PD" Planned Development, "R -3" Multi - Family Dwelling District and "L -1" Limited Industrial District to "R -1" Single Family Dwelling District on a potion of Tracts 1A and 1B1, S. Huitt Survey, Abstract 705, and stated the Council would hear from proponents first and then any opponents. Mayor Samuels recognized Mr. Walter Elliott. Mr. Elliott stated he is representing Main Development Company in their request for this change of zoning on approximately 12 acres. He stated they are requesting rezoning on only a portion of the property as they will leave a portion of the industrial zoning as is at this tiem. Mr. Elliott read a letter from Mr. Hugh Waite, developer, as follows: "I regret that due to a prior committment of a medical nature, I an unable to attend tonight's proceedings. Our zoning from "PD" and "R -3" zoning to "R -1 " seems to be more in keeping with the present day market requirements and with the needs of the City of Euless. There appears to be a demand for these forty -five lots, even at this early stage. It is our feeling that when we start work in the area of east Euless there w i l l be a consequent increase interest and activity in this section of town. In regards to the immediate surroundings o f the forty- five l o t increment to be rezoned you w i l l notice t h a t the eastern p o r t i o n , the f i v e acres "L -1 ", w i l l remain as a buffer until such time as we determine the best use fo r it. Thanks for your indulgence. S incerely , Hugh Waite Builder of Fine Homes" Mr. Elliott stated he is working on the p r e l i m i n a r y plans and w i l l probably be presenting them to the Planning and Zoning Commission on August 7, 1979. (Page Four, Regular Meeting, Euless City Council, July 10, 1979) Mr. Elliott stated the homes will be similar to the homes in Somerset Place Addition. He stated Mr. Waite will sell some of the l o t s t o other b u i l d e r s and w i l l develop some of the lots himself. Mr. Hunt inquired the location of Quadrangle Development i n comparison to th is development? Mr. Ellioee stated Quadrangle Development is approximately 1800 feet north of this development. Mr. Hunt stated these homes would be further south and less apt to receive air craft noise from the airport. Mr. Elliott stated this development is in Sound Zone A of the airport, which is acceptable for residential development. Mr. Hunt inquired if these homes will be eligible for FHA and VA loans and if they anticipate any problem with the homes being approved for this type of loan? Mr. Elliott stated the homes will be eligible for FHA and VA loans and these government agencies recognize the zones and they will approve a loan in Sound Zone A. 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 a portion of Tracts 1A and 181, S. Huitt Survey, Abstract 705 from "PD" Planned Development, "R -3" Multi - Family District, and "L -1" Limited Industrial District to "R -1" Single Family Dwelling District. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Ozebek, Hunt Nays: None Mayor Samuels declared the motion carried. VI. CONSIDER FIRST AND FINAL READING CF ORDINANCE NO. 580 IMPLEMENTING THE GAS RATIONING PLAN PURSUANT TO EXECUTE ORDER NO. WPC -7A. ISSUED BY TEXAS GOVERNOR WILLIAM P. CLEMENTS. JR. Mrs. McCormick stated she is concernedabout one of the amendments to the ordinance regarding a sign being prominently visible from off the premises and she would prefer a sign being posted on the building or on their pumps. 5' s (Page Five, Regular Meeting, Euless City Council, July 10, 1979) Mr. McFarland explained the ordinance implementing all facets of the Governor's Executive Order, implementing the President's Executive Order, regulating tae retail customer's purchase of gasoline. He stated there is no provision in the ordinance with respect to the gasoline retailer's operation. He stated he has prepared an amendment to the ordinance with respect to the retailer's operation, which can be approved if it is the desire to the Council. He reviewed the amendment. He stated the first portion is the retailer must display the appropriate colored flags indicating the availability of gasoline; second, the retailer must display a sign prominently posted and easily visible from off the premises clearly indicating the grade or grades of gasoline not being dispensed when other grade or grades are being dispensed; and third, the retailer must display a sign prominently posted and easily visible from off the premises which clearly indicates the anticipated days and hours of operation for the dispensing of gasoline. Mr. Hunt inquired if they could have the amendment stating that the retailer display a sign, prominently posted, that clearly indicates the grades of gasoline being dispensed and the anticipated hours and days of operation? Mr. McFarland stated this could be done. Mrs. McCormick moved to suspend the require- ment of two separate ordinance readings and approve Ordinance No. 580 on an emergency basis on first and final reading, implementing the gas rationing plan pursuant to Executive Order No. WPC -7A, issued by Texas Governor William P. Clements, Jr., with an amendment that the retail operator display the appropriate colored flags indicating availability of gasoline, a sign prominently posted clearly indicating the grade of gasoline that is being dispensed, and a sign prominently posted clearly indicating the anticipated hours of operation. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Hunt, Ozebek, Walker, and Pippin Nays: None Mayor Samuels declared the motion carried. VII. CONSIDER ORDINANCHO. 581 DEFERRING NEW LEGISLATED APPRAISING STANDARDS FOR CERTAIN AGRICULTURAL AND TIMBER LAND Mr. Ozebek moved to suspend the requirement for two separate ordinance readings and approve Ordinance No. 581 on an emergency basis on first and final reading deferring new legislated appraising standards for certain agricultural and timber land. Mr. Pippin seconded the motion and the vote is as follows: (Page Six, Regular Meeting, Euless City Council, July 10, 1979) Ayes: Messrs. Ozebek, Pippin, Walker, and Hunt Nays: None Abstain: Mrs. McCormick Mayor Samuels declared the motion carried. Mrs. McCormick stated She abstained because of a conflict of interest. VIII. CONSIDER APPOINTMENTS TO COUNCIL FOR SOCIAL CONCERNS Mayor Samuels stated this item would be tabled until the July 24, 1979, meeting. IX. CONSIDER CALLING A PUBLIC HEARING FOR A KATE INCREASE AS REQUESTED BY TARRANT COUNTY WASTE DISPOSAL Mr. Hunt moved to call a public hearing on July 24, 1979, for a rate increase request as requested by Tarrant County Waste Disposal. 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. X. CONSIDER RESOLUTION NO. 454 SUPPORTING THE PARK AND RECREATION BOARD IN ORGANIZING A STEERING COMMITTEE FOR THE VARIOUS ACTIVITIES I N EULESS Mr. Pippin moved to approve Resolution No. 454 supporting the Park and Recreation Board in organizing a Steering Committee for the various activities in Euless. Mr. Walker seconded the motion, Mrs. McCormick stated the Park and Recreation Board would like some input from the Council regarding the number of persons that should be on this committee. She stated they are considering people from different areas of Euless, different age groups, and different organizations in Euless. She stated that if any member of the Council has a recommendation they could call a member of the Park and Recreation Board and give them their suggestion. (Page Seven, Regular Meeting, Euless City Council, July 10, 1979) The vote on Mr. Pippin's motion is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI. CONSIDER RESOLUTION NO. 455 CALLING A PUBLIC HEARING ON ZONING CASE NO. 289 FOR CHANGE OF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "R -2" 1WJ FAMILY DWELLING DISTRICT ON LOTS 1 THROUGH 6, BLOCK 1, OAKWOOD ACRES ESTATES Mrs. McCormick moved to call a public hearing on Zoning Case No. 289 for August 14, 1979. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Wal key, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion - carried. XI I. CONSIDER RESOLUTION NO. 456 CALLING A PUBLIC HEARING ON ZONING CASE NO. 290 FOR CHANGE OF ZONING FROM "C -2" COMMUNITY BUSINESS DISTRICT TO "L -1" LIMITED INDUSTRIAL DISTRICT ON A PORTION OF TRACTS 1C1, 1D, 3E, 3H, AND 3J, J. GROVES SURVEY, ABSTRACT 599 Mr. Hunt moved to approve Resolution No. 456 calling a public hearing on Zoning Case No. 290 for August 14, 1979. 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, XIII. CONSIDER RESOLUTION NO. 457 AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR $ 1 . 1 MILLION I N STREET AND DRAINAGE AND PARK AND RECREATION BONDS Mr. Ozebek moved to approve Resolution No. (Page Eight, Regular Meeting, Euless City Council, July 10, 1979) 457 to authorizing the City Manager to advertise for bids on $900,000 in Street and Drainage Bond Funds and $200,000 in Park and Recreation Bond Funds. 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. XIV. CITY ATTORNEY'S REPORT Mr. McFarland requested the press to give as much coverage as they can to Ordinance No. 580, implementing the Governor's Executive Order regarding gasoline rationing. He stated the ordinance was passed on an emergency basis a t the request o f the Governor's Office, and w i l l take effect immediately upon publication in the newspaper. He stated this ordinance mandates compliance with the Governor's Executive Order and imposes a fine on those that fail to do so. He stated this ordinance also mandates flags, display of signs indicating the grade of gasoline that is not available and display of signs with their anticipated hours and days of operation. Mayor Samuels inquired if it would be beneficial for the City to send each service station operator a synopsize of the ordinance so they are aware of the conditions of the ordinance. Mr. McFarland stated he would have a synopsize prepared and send it to the City Secretary to be mailed to the service station operators. CITY ENGINEER'S REPORT XV . SOUTH MAIN STREET OVERLAY Mr. Flowers stated at the last council meeting there was some concern about the contractor for the project but the contractor has executed the contracts and filed his Performance Bond and the job will be started the latter part of this week. NORTH MAIN STREET IMPROVEMENTS Mr. Flowers stated that the problems on North Main Street are slowly being corrected and they expect to present a summary of the project to the Council in August. TRAFFIC I IGHT AT FM157 AND MIDWAY DRIVE— Mr. Flowers stated that at the direction of (Page Nine, Regular Meeting, Euless City Council, July 10, 1979) the City Manager, they are preparing engineering plans on signalization of FM157 and Midway Drive. Mr. Hunt inquired the estimated completion time for installation of the signal? Mr. Flowers stated he was instructed to have something workable by September 1, but he doesn't think this is possible, because it will take approximately nine months to get the equipment that the State Highway Department w i l l approve. Mr. Sustaire stated he isworking with Mr. Stone of the State Highway Department in moving the controls from Ector Drive and Spur 350 to FM 157. x.v CCMVB\JTS Mr. Ozebek inquired if there is anything the City can do to get service stations in Eu1e$s to remain open on Sunday, as it is a problem getting gasoline on Sunday? Mr. McFarland reviewed the allocation incentives as recommended by the Governor's office for service stations remaining open on weekends. Mr. Hunt inquired how long the traffic signal at FM 157 and Spur 350 would be inoperable? Mr. Sustaire stated a truck hit the control box and i t w i I I take approximately six months to get a new one. Xl. -'\f COMMENDA11ON FCR CITY EMPLOYEES Mayor Samuels stated he would like to publicly commend Joey Zieman, Richard Clark, and Kay Rainey of the Police Department. He stated the Council received copies of a letter from Chief Wilson commending these persons. Mr. Susta i re stated he would like to commend Captain Ronnie Hicks of the Euless Fire Department on his fast action in getting Fire Chief John Scott to the hospital and probably saving his life. He stated his alertness i n noticing Chief Scott's condition and the action taken i n getting him to the hospital is very commendable. Mayor Samuels stated he wanted to also thank the paramedic from Hurst who recognized Chief Scott's condition and assisted Captain Hcks. 0,. (Page Ten, Regular Meeting, Euless City Council, July 10, 1979) XII. LETTERS FROM TML REGARDING RATE INCREASE REQUESTED BY SOUTI- MESTERN BELL TELEPHONE COMPANY AND THE WACO CITY ATTORNEY ON A PUBLIC UTILITY COMMISSION HEARING Mr. Sustaire called the Council's attention to a letter he received from the City Attorney of Waco regarding a rate case filed by Texas Power and Light Company with the Public Utility Commission. He stated Euless is one of the sixteen cities participating in contesting this case through the Texas Municipal League and he is requesting authorization to respond to this letter or allow the attorney to continue on behalf of the City. Mr. Sustaire stated he would like to call the Council's attention to a letter from Texas Municipal League in refer- ence to a rate increase request to the Public Utility Commission by Southwestern Bell Telephone Company. XIII. PROBLEM ON ASH LANE Mr. D. R. Goode, 101 Ash Lane, stated he would like to have the southwest corner of Ash Lane and North Main repaired. He stated there is a large section between the curb and his yard that the contractors for the North Main Street Improvements have not repaired. He stated it is very dangerous. Mr. Flowers stated he would see that the contractors repaired this problem. XIV. ADJOURNMENT There being no further business, Mayor Samuels recessed the regular meeting into executive session for the purpose of discussing personnel matters. At the conclusion of which, the Mayor formally adjourned the regular meeting at 10:10 p.m. ATTEST: /s/ Della Houy City Secretary APPROVED: Is/ Harold D. Samuels Mayor