Loading...
HomeMy WebLinkAbout1979-08-28Regular Meeting, Euless City Council August 28, 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 Robert Pippin, Charles Hunt, Glenn Walker, and Raymond Ozebeck. 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. V ISITORS Visitors in attendance were Don Perkins, Gene Welch, David Bagwell, Jack Nolen, Harold F. Hall, D.R. Goode, R. F. Shannon, Pat Shannon, Vernon G. Robertson, Larry Reed, Darryl Collins, Beatrice L. Collins, Eva Harlan, Clovis Harlan, Richard J. Thomes, Edwin J. Thomes, Robert L. Scott, James Pierce, Keith E. Wallace, Joe Howell, Benny L. H i l l , Henry O'Neal, Gordon Swift, John Curry, Larry Blankenship, Jerry Kinney, Raymond Davies, Harriet Thompson, Frank Svochak, Naomi Svochak, Rusty Dearman, Craig Ounby, Mike Crow, Ron Hanes, and James Knight. _INVOCATION The invocation was given by M r . B i l l Flowers. APPROVAL OF, MINUTES The minutes of the regular meeting dated August 14, 1979, were approved with the following addition: Item X - Page Eight - Resolution No, 460 regarding the request of Lone Star Gas Company for a rate increase. FURTHER CONSIDERATION OF ZONING CASE NO. 289 FOR CHANGE OF ZONING FROM "R -1" SINGLE FAMI LY DVVELLING DISTRICT TO "R -2" TVVO FAMILY DWELLING DISTRICT ON LOTS 1 THROUGH 6, BLOCK 1, OAKWOOK ACRES ESTATES Mayor Samuels stated this is a con- tinuation of the public hearing held on August 14, 1979. .He stated the Council has received a petition from three property owners that are with- in 200 feet of the zoning request and approval will require a four - fifths vote of the Council. (Page Two, Regular Meeting, Euless City Council, August 28, 1979) Mr. Richard Thomes stated there has been some comments from the residents about leaving residential zoning on the corner of Ash Lane and North Main Street and they will- concur with this request. He stated the lot is large enough to divide into two lots with each lot being 90 feet by 100 feet. He stated the remainder of the five lots would be two family dwellings. Mrs. McCormick moved to approve the re- quest for change of zoning from "R -1" Single Family Dwelling District to "R -2" Two Family Dwelling District on Lots 2 through 6, Block 1, Oakwood Acres Estates, and Lot 1, Block 1, Oakwood Acres Estates remaining "R -V' Single Family Dwelling District. Mr. Ozebek seconded the motion. Mr. Walker inquired if Mr. Thomes would be receptive to leaving Lot 1 and Lot 2 single family and Lots 3 through Lot 6 as "R -2" Two Family Dwelling. Mr. Thomes stated he would be agreeable to this. Mrs. McCormick stated she would amend her motion that Lots 1 and 2, Block 1, Oakwood Acres Estates remain "R -1" Single Family Dwelling District and Lots 3 through 6, Block 1, Oakwood Acres Estates be rezoned to "R -2" Two Family Dwelling District. Mr. Ozebek concurred with the amendment. Mr. Pippin inquired if the request has to be presented to the Planning and Zoning Commission before the Council can take action since there is a change in the zoning than what was re- quested. Mr. McFarland stated if the proponent accepts the change as recommended by the Council, the Council can approve the request, but if the applicant amends his application, then the case would have to go back to the Planning and Zoning Commission. Mr. Hunt inquired if Mr. Thomes owned any property to the north. Mr. Thomes replied they do not own the property to the north. Mr. Hunt inquired when the original project was approved wasn't the plat approved subject to having single family residences on a I I the lots. Mr. Thomes stated the original plat was approved with Lots 1 through 8 of Phase One being residential by deed restrictions. He stated these lots were platted along with Phase One, that the zoning was residential from the begi ning, (Page Three, Regular Meeting, Euless City Council, August 28, 1979) The vote on Mrs. McCormick's motion and amendment i s as fo I lows: Ayes: Mrs. McCormick, Messrs. Ozebek, Walker, Pippin, and Hunt Nays; None Mayor Samuels declared the motion carried. SECOND AND FINAL READING OF ORDINANCE NO. 584 FCR CHANGE OF ZONING FROM "C -2" COMMUNITY BUSINESS DISTRICT TO "L -1" LIMITED INDUSTRIAL DISTRICT ON A PORTION OF TRACTS 1C1, 1D, 3D, 3H, and 3J, JOHN GROVES SURVEY, ABSTRACT 599 Mr. Pippin moved to approve second and fi n a I reading of Ordinance No. 584 changing the zoning on Tracts 1C1, 1D, 3D, 3H, and 3J, John Groves Survey, from "C -2" Community Business District to "L -1" Limited Industrial District. Mrs. McCormick seconded the motion and the vote is as follows: -- Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Walker, Hunt, and Ozebek Nays: None Mayor Sarnuels declared the motion carried. CONSIDER SECOND AND FINAL READING OF ORDINANCE NO S8S STIPULATING THE DEADLINE FOR FILING THE OVER -65 HOMESTEAD EXEMPTION Mrs. McCormick moved to approve second and final reading of Ordinance No. 585 stipulating the deadline for filing the Over -65 Homestead Exemption on ad valorem taxes. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the mction carried. (Page Four, Regular Meeting, Euless City Council, August 28, 1979) IV. CONSIDER PRELIMINARY PLAT CF NORTHH I LL ESTATES Mr. Joe Howell, President of U, S. Development Corporation, stated he is appearing to request the Council's approval of a 532 lot residential subdivision. He stated they are not asking the City for capital contributions on these items. He stated the items they are requesting consider- ation on will save dollars of the housing unit for the buyer. Mr. Howell introduced Mr. Gordon Swift. Mr. Swift, Consulting Engineer, stated the developer s in agreement with the recommendations of the Planning and Zoning Commission He stated the recommendations of the Planning and Zoning Commission has one or two variances from the subdivision ordinance, one a variance from the required s xty foot cul -de -sac to a fifty foot cul -de -sac and the requirement for s idewa ks through the center of several lots. He stated the Planning and Zoning Commission recommends the sidewalks through the center of the block not be adhered to as required by the ordinance, Mrs. McCormick inquired if there is any developer who has paid for a thoroughfare street through his development instead of just the cost of a residential street. Mr. Sustaire stated this is the City's first experience with a thoroughfare street through a residential development. He stated the City has charged an assessment based on a residential street, which he would recommend that the Council assess on this development. He stated that right -of -way must be required for future development into a thoroughfare street. He stated there is a need for a collector street in that general area and in order to develop as much land as possible, we need to utilize the utility ease- ment that belongs to Texas Power and Light Company, which they are allowing the City to use. Mrs. McCormick stated that in her opinion, the ordinance needs to be changed regarding the footage on cul -de -sacs and other items and this needs to be changed in order to prevent these items from being brought up with each development. Mr. Sustaire stated he is aware of several items in our present zoning ordinance that need revising and the planning staff is presently working on these and they hope to have them ready to present to the Planning and Zoning Commission and then to the Council within the near future. M r . Walker i n q u i r e d i f there w i l l be any drive- ways into North Main Street from the homes on the side lots. Mr. Swift stated they have not discussed this w i t h the owners, but t h e i r recommendation w i l l be t h a t the driveways w i l l be off the side streets. Mr. Walker inquired if there is someway the Council can put this restriction in with the approval of the plat. Mayor Samuels stated that the motion could i n c l u d e t h a t no i n d i v i d u a l entrances w i l l enter into North Main Street. 4a7 (Page:Five, Regular Meeting, Euless City Counci 1, August 28, 1979) Mr. Poppin stated his concern is on the spacing between the streets that come into North Main Street, that he can see the potential there of having to signalize some of the streets in the future. Mr. Swift stated they have three alter- natives of designing residential property on thoroughfares. He stated you can face lots onto the street, you can rear the lots on the street and when the property owner builds a fence the appearance of the thoroughfare becomes unsightly, or you can build a wall. He stated if the lot is reared on the thoroughfare it becomes an expense for the City to keep the portion outside the fence cleaned. He stated the design they are recommending provides a means and method whereby the property owner maintains the property. He stated it also distributes the traffic so it is not focused at one point onto the thoroughfares. Mr. Ozebek stated he is in concurrence with Mr. Swift concerning access to thoroughfares. Mr. Swift stated the developer is trying to provide a single family residence that is affordable and good and they have found that the design of residential streets has changed. He stated he is recommending to the developer and the City to reduce the width of a residential street from thirty -one feet to twenty -nine feet. He stated this will still provide adequate room for two parking lanes and one driving lane. Mr. Swift showed some slides on residential streets. He stated some of the surrounding cities have reduced their residential streets to twenty -nine feet. He stated they are requesting permission to reduce the roadway width from thirty -one feet to twenty -nine feet and these savings will be passed on to the home owner because it will reduce the cost of the home. Mr. Swift stated he wanted to discuss the physical construction of sidewalks. He stated they do not believe they are needed unless there is a park, school, or pedestrian walkway. He stated if there were a need they would be glad to install them. He stated if they installed a concrete parkway they will have to cut down some of the trees, and they would like to keep all the trees they can. Mr. Swift stated the third item he would like to discuss with the Council is the requirement for street paving. He stated Euless requires six inches of asphalt and six inches of lime. He stated he is requesting that the Council allow them to deviate from the requirement and allow them to use five inches of asphalt and five inches of lime. Mr. Swift stated that Cheek - Sparger Road has been moved north and he has heard t h a t portions o f the road w i l l be improved with state funds and they are requesting that they pay for one - half of a residential street instead of installing a thoroughfare. He stated they feel that Cheek - Sparger Road is a border street. (Page Six, Regular Meeting, Euless City Council, August 28, 1979) Mr. Swift reviewed the list of variances they are requesting for the development. He stated they don't believe the variances w i l l diminish the quality of the housing in the development project. He stated they hope the Council w i l l concur with the Planning and Zoning Commission in the deviations from the ordinance. He stated they would like to solicit the Council's assistance in the use of a twenty - nine foot roadway, back to back, allow them the opportunity to pursue an economical paving design, not requiring the property owner to pay fo r con- crete sidewalks throughout the project, allow five foot side yards on each lot. He stated it is approaching $100 per foot to install all the city standards required. Mr. Howell reviewed the cost of the five items as they relate to the purchase price of the house. Mr. Pippin inquired the developer's response regarding the water tower site and the lift station site. Mr. Howell stated there is no problem with the Iift station site. He stated the City staff recommended the site for the water tower and since the crown of the hill is further north, he would like to get with the City staff and move the water tower site to the crown of the hill. Mr. Flowers stated the problem with moving the water tower to the north is it would be in the airspace of the airport. He stated they made application several years ago with FAA for this site. Mr. McFarland stated the Council has the authority to approve the preliminary plat, but as to the subdivision changes requested, those would be presented on the final plat approval. He stated the preliminary plat approval is approval of the plat layout regarding the street location and lot size. He stated in approving the preliminary plat the Council will not be approving any variances, that when they present t h e i r f i n a l p l a t w i t h a l l o f t h e improvements and re- strictions, t h e Council w i l l be approving the topological layouts, street widths, and grades. He stated the Council does not have the authority to grant any of the variances that have been requested. He stated the Sub- division Rules and Regulations is in ordinance form, which requires no variance potential for the Council. He stated the only alternatives would be to provide a variance procedure in the Subdivision Rules and Regulations or amend the Subdivision Ordinance. He stated the ordinance cannot be amended tonight because it is not an agenda item but can be placed on any future agenda. Mrs. McCormick inquired if an ordinance is amended does it need to go before the Planning and Zoning Commission. Mr. McFarland stated the subdivision ordinance does not have to go before the Planning and Zoning Commission. Mrs. McCormick inquired if a public hearing is required to amend an ordinance. (Page Seven, Regular Meeting, Euless City Council, August 28, 1979) Mr, McFarland stated it does not require a public hearing, but the City has always listed amendments as an agenda item and post it as a public hearing. He stated there could be an item on the next agenda to consider an amendment to the Subdivision Rules and Regulations for the purpose of considering variance procedures or changes in this regard. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the pre- liminary plat of Northhill Estates with the exeception of those areas which are in conflict with the Subdivision Rules and Regulations and the zoning ordinance. Mr. Walker inquired if the Council approved the preliminary plat as presented, and in light of the requested variances for the final plat, isn't the Council indirectly implying to the developer that the Council is receptive to their request. Mr. McFarland stated the Council can approve the preliminary and disapprove the final plat. Mr. Howell stated they have come to the Council in all honesty to let them know their problems. He stated they are asking for approval of the preliminary plat and would like an indication of the Council's feelings regarding the requested variances. Mr. Pippin stated he would not like to indicate his 'feelings on the variances because he feels that the Council needs to have a work session of these variances and ordinance changes. Mr. Ozebek stated he feels that he needs more information. Mr. Pippin stated that the Council needs to see what the development will do for our -city in the future. Mrs. McCormick stated she would be for the residential street for Fuller -Wiser Road, North Main Street, and Cheek - Sparger Road and for the reduction of the radius of the cul -de -sacs. Mrs. McCormick's motion died for lack of a second. Mr. Walker moved to table the decision on this preliminary plat until the Council has had time to discuss the problems in a work session and to determine what should be done in the future as well as short term. Mr. Hunt seconded the motion. Mayor Samuels inquired if the Council could give the developer some idea of when this could be discussed and placed on the agenda. (Page Eight, Regular Meeting, Euless City Council, August 28, 1979) Mrs. McCormick stated the Council needs to have these amendments at the next meeting not only for the developers, but the City needs this decision whether they amend the ordinances or not. Mayor Samuels stated he would I i ke to suggest an early work session at the next council, meeting to discuss these revisions. Mr. Howell stated they would I i ke to get approval of the preliminary plat of things that the Council can approve and the other items could be covered next week. Mayor Samuels stated there was a motion to that effect on the floor but it died for lack of a second. Mr. Walker stated he would not have had any objections to seconding Mrs. McCormick's motion provided it was clearly understood by the developer that because the Council approved the preliminary plat that did not mean that the Council approved any of the requested variances. He stated there are two of the variances that he would concur with, but three or four that need more discussion and con- s iderat ion. The vote on Mr. Walker's motion is as follows: Ayes: Messrs. Walker, Hunt, Pippin, and Ozebek Nays: Mrs . McCormick Mayor Samuels declared the motion carried. Mrs. McCormick stated she voted against the motion because she feels that part of the plat could have been approved ton ight . v. PUBLIC HEARING - ZONING CASE NO. 291 REQUEST OF JOHN CURRY FOR FIRST ASSEMBLY CF GOD FOR CHANGE CF ZONING FROM "C" CHURCH AND "R -1" SINGLE FAMILY DWELLING DISTRICT TO "R -2" • O FAMILY DWELLING DISTRICT WITH "SP" SPECIFIC USE FCR A DAY CARE CENTER ON LOTS 23, 24, 25, BLOCK 9, CEDAR HILLS ESTATES Mayor Samuels opened the public hearing on Zoning Case No. 291 for change of zoning from "C" Church and "R -1" Single Family Dwelling District to "R -2" Two Family Dwelling District and stated the Council would hear from the proponents first and then any opponents. Mayor Samuels recognized Mr. John Curry. (Page Nine, Regular Meeting, Euless City Council, August 28, 1379) Mr. Curry representing the First Assembly God Church, stated it is their desire to open a day care center at the church. He stated they want to rezone three lots for this day care center. He stated they feel this is a way to provide a ministry for the people in their congregation with a place where they can bring their children and to provide a ministry to people who do not attend their church. He stated in the original proposal they included a portion of Lot 3 , but have deleted t h i s from the proposal. He stated they w i l l install the playground equipment between the existing buildings which w i l l give a buffer from the noise of the children for the residents on Henslee Drive. He stated there is some concern about additional traffic that the center will generate and they feel that the parents b r i n g i n g t h e i r c h i l d r e n t o the center w i l l have them there before the schaol children go to school. Mr. Ozebek inquired if the access to the building wi l l be from South Main Street. M r . Curry stated there w i l l be only one entrance, which w i l l be from the south side of the building. He stated the south side of the building is where their parking lot is located. Mayor Samuels inquired how long it would take them to obtain their state permit and when they anticipate open ing. M r . Curry stated t h a t i t takes approxi- mately s i x t y days to obtain a state permit a f t e r a p p l i c a t i o n and they w i l l open as soon as possible, probably shortly after the first of the year. He stated they wi I I have to build up their attendance over a period of time. Mayor Samuels inquired if there were any other proponents; there being none, he inquired if there were any opponents. Mr. Roy Shannon, 859 Henslee Drive, stated they appreciated Mr. Curry deleting the portion of Lot 3 since this is too near the residents. He stated they presented a petition of oppos- ition at the Planning and Zoning Commission meeting. He stated that during school hours there would be additional traffic and there are no sidewalks on South Main Street for the children to walk on. He stated they are not against building up the area. He stated there is one day care center on South Main Street and one center on Pipeline Road and he doesn't feel that another day care center is needed in that area of town. Mayor Samuels inquired if the major items of opposition were the rezoning of a portion of Lot 3 and the traffic problem. He also inquired if the people were aware of the church moving the playground to the east side of the church. Mr, Shannon stated they are aware of the change but they are trying to look out for the safety of their children. (Page Ten, Regular Meeting, Euless City Council, August 28, 1979) Mr. Darryl Collins, 905 Henslee Drive, stated his concern is that the value of their property will decrease and the people are concerned about the noise and the increased traffic, Mr. Clovis Harlan, 853 Henslee Drive, stated as he understands it the church w i l l not be using the portion of Lot 3 as first proposed and all of the activity will be inside the building, Mayor Samuels stated the church will not be using any of Lot 3 and the playground equipment w i l l be on South Main Street and the building will act as a buffer for the residents on the West. Mr. Curry stated that he feels that the children walking to school and the sidewalks are entirely separate from the rezoning for the day care center, Mr. Harlan stated he hates to see a day care center constructed in his back yard. Mayor Samuels inquired if there were any other proponents, or 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 the first reading of an ordinance rezoning Lots 23, 24, and 25, Block 9, Cedar H i l l Estates from "C" Church and "R -1" Single Family Dwelling District to "R -2" Two Family Dwelling District with "SP" Specific Use Permit for a day care center. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Hunt Nays: None carried. Mayor Samuels declared the motion VI. CONSIDER PRELIMINARY'PLAT - WOOD HILL ADDITION Mrs. McCormick left the council table for this item because she is involved in the project and will not partic- ipate in the hearing as a councilperson. Mr. Gene Welch, representing Hank Dickerson Company, stated they are in the process of contracting for the sale of this property, He introduced Mike Crow, Ron Hanes, and David Bagwell of Crow Development Company. Mr. Bagwell stated they have submitted a l e t t e r t o the C i t y on variances t h a t they are requesting in Wood H i l l . He stated the variances are the same as were requested in the Northhill Addition presentation. He stated they are requesting that the Council (Page Eleven, Regular Meeting, Euless City Council, August 28, 1979) table decision on the plat since the variances cannot be approved by the Council. He stated he would like to review some of the issues that were discussed at the Planning and Zoning Commission Meeting, Mr. Bagwell stated the variances dis- cussed are very important to them and to the City. He stated this tract of land has three lakes, there is approximately twenty -five acres of flood p l a i n , there are some l a r g e trees t h a t they w i l l have to skirt around, there are some important intersections, and some significant drainage issues. He stated they plan to have a subdivision with some lots with 'sixty -five front feet. M r . Bagwell reviewed the costs t h a t w i l l effect the cost of the homes. He stated they prefer not to have sidewalks on residential streets but believe that sidewalks are required on collector streets and thoroughfare streets. He stated they believe that a twenty - nine foot street with five inches of asphalt and five inches of lime will make a good street for Euless. He stated a number of cities surrounding Euless have this type of street. He stated they are requesting that they be allowed to escrow funds with the City for one -half of a residential street for Cheek - Sparger Road. He stated they are requesting a variance to allow them to have five foot side yards on each side of the houses. He stated the above requests will allow them to build a more cost effec- tive house and the quality of the development wi I I make the City happy. He stated they w i l l not have smaller lots but wi l l be able to build larger homes on the lots. Mr. Bagwell stated these items are important to them in order to proceed with the development and the devel- opment wi l l help the City. He stated the Grapevine School District has informed him that if they have approximately three hundred school children in that area, then a school will be built in that area. He stated he also feels that these developments will open up the north portion of Euless and single family development wi I I help generate retail development. Mr. Pippin inquired if they could provide the Council with the Flood Plain Reclamation. Mr, Bagwell stated that they have to meet both the Flood Plain Insurance requirements and the City's require- ments before they can reclaim any of the flood plain. He stated that out of twenty five acres approximately ten acres can be reclaimed. He stated they hope to deed any of the flood plain area remaining to the City as a possible park site. Mayor Samuels inquired if the pre- liminary plat included 7500 square foot lots and a twenty -nine foot street. Mr. Bagwell stated the lots are appr- oximately 7700 square feet and they will dedicate a fifty foot right - of -way for each residential street. He stated they will have the streets named before the final plat is presented. (Page Twelve, Regular Meeting, Euless City Council, August 28, 1979) Mr. Walker moved the decision be tabled in accordance with Mr. Bagwell's request. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. Mrs. McCormick returned to the council table. VII, RESOLUTION NO. 461 REGARD'ING THE CITY'S P A R T I C I PAT I ON I N TARRANT COUNTY'S S I XTH- YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Hunt moved to approve Resolution No. 461 regarding the City's participation in Tarrant County's Sixth -year Community Development Block Grant Program. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Ozebek, Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VIII, RESOLUTION NO. 462 CALLING A PUBLIC HEARING ON ZONING CASE NO. 292 FOR CHANGE OF ZONING FROM ''C -1'" NEIGHBORHOOD BUSINESS DISTRICT TO "R -5" MULTI - FAMILY DWELLING DISTRICT ON BLOCK 3, OAK FOREST ADDITION Mr. Walker moved to approve Resolution No. 292 calling a public hearing on Zoning Case No. 292 for change of zoning from "C -1" Neighborhood Business District to "R -5" Multi - Family Dwelling District on Block 3, Oak Forest Addition. Mr. Ozebek seconded the motion and the vote i s as follows: Ayes: Messrs. Walker, Ozebek, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Thirteen, Regular meeting, Euless City Council, August 28, 1979) CITY ATTORNEY' S REPORT IX. NORTH MAIN STREET SIDEWALKS Mr. McFarland presented copies of a letter he is going to send to the North Main Street homeowners regarding obtaining easements for ;the North Main Street sidewalks so the council members would be aware of the letter and make any changes before it is mailed. CITY ENGINEER'S LETTER X. NORTH MAIN STREET IMPROVEMENTS Mr. Flowers stated he reviewed his letter with the Council in the pre - council meeting regarding the com- letion of North Main Street regarding liquidated damages, Mrs. McCormick moved to pay Texas Bitulithic Company the remainder of their contract for the improvements to North Main Street without any liquidated damages. Mr. Ozebek seconded the motion. Mr. Hunt stated that in his opinion liquidated damages are in the contract because of situations such as occurred on North Main Street and he feels that the damages should be assessed against the contractor to some degree, perhaps not to the total amount that can be assessed, He stated that he feels that the City suffered extreme inconvenience because of the additional lengthly, and apparently, unconcerned attitude and approach that the contractor had as he developed North Main Street. He stated he would feel more confortable with some liquidated damages being assessed against the contractor be= cause he believes the contractor really expects to have some damages assessed against him. He stated he can't vote for a motion that w 11 et the contractor off free, Mr. Walker stated he would ike to offer an amendment that the City subtract $2,500 from the contractor's f nal check and send him the remainder, because he thinks the contractor should be penalized some. Mr. Pippin seconded the motion, Mrs. McCormick stated that she thinks $2,500.00 is a small amount for the City to get in damages and it may cause more problems in future biddings. The vote on Mr. Walker's amendment is as follows: Ayes: Messrs. Walker and Pippin Nays: Messrs. Hunt, and Ozebek, and Mrs. McCormick Mayor Samuels declared the motion failed. (Page Fourteen, Regular Meeting, Euless City Council .August 28, 1979) The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs. MCCorm i s k, Messrs. tYzebek, and P i p p i n Nays: Messrs. Hunt and Walker carried. Mayor Samuels declared the motion SOUTH MAIN STREET OVERLAY Mr. Flowers stated that South Maln Street Overlay is coming along real well and is quality work. He stated the removal of the bad pavement is 98% complete, and in a week or two we should see the overlay begin. XI. ORDINANCE NO. 586 REFLECTING REDESIGNATION CF STATE HIGHWAY 183 AND SPUR 350 WITHIN THE CITY OF EULESS, TEXAS Mr. Ozebek moved to suspend the require- ment :of two separate ordinance readings and approve Ordinance No. 586 on an emergency basis on first and final reading. 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. XII, STATUS OF REVISION CF OFF-RAMP EXIT ON EAST AIRPORT FREEWAY Mr. Sustaire stated the Staff had a public hearing for the proponents and opponents on the revision of the exit ramp of East Airport Freeway on August 17, 1979. He stated there were no opponents at the public hearing but the City does have a letter from American Diversified Company that they are opposed to the revision. He stated that James Knight is working with their staff and the land planner to see if they can reach an agreement. Mr. Knight stated that he has a meeting with the gentleman that wrote the letter on Wednesday and he should have more to report after that meeting. (Page Fifteen, Regular Meeting, Euless City Council, August 28, 1979) XI II, 5:00 P.M. PRE - COUNCIL WORK SESSION ON SEPTEMBER 11,1979 Mayor Samuels stated the Council would meet at Dunston's Steak House for a work session on September 11, 1979, at 5:00 p.m., to discuss the requested variances. XIV. ADJOURNMENT There being no further business, the meeting adjourned at 11:23 p.m. APPROVED /s/ Harold D. Samuels Mayor ATTEST: /s/ Della Houy City Secretary