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HomeMy WebLinkAbout1979-09-25Regular Meeting Euless City Council September 25, 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 and Glenn Walker. (Absent were Councilmen Charles Hunt and Raymond Ozebek.) Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer James Knight, and Administrative Assistant Lynn Shackelford. VISITORS Visitors in attendance were Marvin D. Hewitt, Virginia Moore, Mr. and Mrs. David Guyak, Mr. and Mrs. David Cothran, Mrs. Robert Snedden, Don Jackson, William L. Barrett, Mrs. T. A. Ragon, Tom Ragon, Gerald V i el i ng, John Autry, Chuck Canton, Jay E. Boyle, Ray Bierig, Lunnessa Bierig, Barbara Wiesner, Jay Wiesner, Dorothy J. Gardner, Gary J. Smith, Gordon Swift, Don Perkins, Peggy Millender, Zella Stierwalt, Barbara King, Sue Ann Eichelberger, Henry O'Newal, Ann Barton, Helen M i l ler, Jack M. Bullard, Jean Bullard, Shirley Dano, Donna Mickan, Martha Burleson, Pat Singletary, Mr. and Mrs. W. J. Elliott, Lou Ann Page, and David Bagwell. INVOCATION The invocation was given by Mayor Pro Tem Willie Mae McCormick. PRESENTATION OF TWENTY YEAR SERVICE P I N Mayor Samuels presented a twenty year service pin to Jack Bullard, Director of Public Works. ORDINANCE NO. 591 APPROVING THE BUDGET FCR FISCAL YEAR 1979 -80 Mr. Pippin moved to approve second and final reading of Ordinance No. 591 approving the budget for the fiscal year 1979 -80. (Page Two, Regular Meeting, Euless City Council, September 25, 1979) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ORDINANCE NO. 592 ALLOWING EMPLOYEES UNDER SIXTY YEARS OF AGE T O PARTICIPATE I N TEXAS MUNICIPAL RETIREMENT SYSTEM Mrs. McCormc i k moved to approve second and final reading of Ordinance No. 592 allowing employees under sixty years of age to participate in Texas Municipal Retirement System. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker and Pippin Nays: None Mayor Samuels declared the motion carried. IV. ORDINANCE NO. 593 ADOPTING AN UPDATED SERVICE PLAN FROM TEXAS MUNICIPAL RETIREMENT SYSTEM Mr. Walker moved to approve second and fi n a l reading of Ordinance No. 593 adopting an Updated Service Plan from Texas Municipal Retirement System. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. V. ORDINANCE NO. 594 ESTABLISHING A HOTEL /MOTEL TAX IN THE CITY OF EULESS Mr. Pippin moved to approve second and final reading of Ordinance No. 594 establishing a Hotel /Motel Tax in the City (Page Three, Regular Meeting, Euless City Council, September 25, 1979) Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Pippin, Mrs. McCormick, and Mr. Walker Nays: None Mayor Samuels declared the motion carried. VI. ORDINANCE NO. 595 AMENDING CITY CF EULESS SUBDIVISION RULES AND REGULATIONS Mrs. McCormc i k moved to approve second and final reading of Ordinance No. 595 amending City of Euless Subdivision Rules and Regulations. Mr. Pippin seconded the motion and the vote i s as follows: Ayes: Mrs. McCormick, Messrs. Pippin and Walker Nays: None Mayor Samuels declared the motion carried. VII. PUBLIC HEARING - ZONING CASE NO. 292 - REQUEST CF ROBERT KOSHMAN FCR CHANGE CF ZONING FROM 11C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -5 MULTI - FAMILY DWELLING DISTRICT - LIMIT OF TWENTY -FOUR UNITS PER ACRE - ON LOT 3, OAK FOREST ADDITION Mayor Samuels explained the rules regarding a public hearing and stated the Council would hear from the proponents first and then any opponents, close the public hearing, and the Council can table the decision, vote to approve the rezoning, or vote to deny the rezoning. Mayor Samuels opened the public hearing and inquired if the petitioner was in attendance. Mr. Robert Koshman, petitioner, was not present. Mayor Samuels nquired if there were any proponents. Mrs. McCormick moved to table decision on Zoning Case No. 292 since there are only three Counci men present. 2U (Page Four, Regular Meeting, Euless City Council, September 25, 1979) Mr. Walker stated that since the public hearing was called and published and people have come in opposition to the rezoning, it is his opinion that the people should be allowed to speak. Mr. Pippin inquired what the point of law is regarding a public hearing when the petitioner is not present. Mr. McFarland stated that the matter pending before the City Council is the consideration of the rezoning and the Council needs to dispose of the matter by tabling the decision, approving the rezoning or denying the rezoning. He stated there is no requirement under the law that there be a proponent present at the public hearing. Mrs. McCormick's motion died for lack of a second. Mr. Walker moved to concur with the recommendation of the Planning and Zoning Commission and deny the request to rezone in Block 3, Oak Forest Addition from "C -1" Neighborhood Business District to "R -5" Multi - Family Dwelling District. Mr. Pippin seconded the motion. Mayor Samuels stated the Council would hear from a spokesman for the opponents even though there were no proponents. Mr. Jay Boyle stated he is representing the people who are opposed to Zoning Case No. 292, and they are opposed to any type of apartment zoning in that area. Mrs. Virginia Moore, 305 Fair Oaks, stated she is very ignorant about the law and inquired if there is anyone waiting in the wings" to rezone this property to apartments and if there is anything that the citizens can do to see that the property remains zoned "C-1 ". Mayor Samuels stated the Council doesn't expect the citizens to know the law, but the Council nor the City Staff doesn't know of anyone who is "waiting in the wings" to rezone the property, but t h a t does not mean t h a t someone w i l l not purchase the property and request a rezoning. He stated Mr. Koshman must wait six months to request another rezoning, if this case is denied. He stated the Council is very interested i n the feelings of the citizens i n the neighborhood. Mrs. Moore stated there has been a lot of conversation from unhappy people about the apartments that are going in on Harwood Road and inquired if there is anything the people can do to keep the apartments from being constructed. (Page Five, Regular Meeting, Euless City Council, September 25, 1979) Mayor Samuels stated that piece of property was rezoned in 1968 and this Council cannot revert zoning that was approved by a previous Council. Mrs. Moore inquired if there has been a plan presented for development of this property because they would like to see what the citizens can do regarding an entrance into the aprtment complex. She stated that Fair Oaks Blvd. is a raceway now and they are wondering if the traffic can be detoured to enter and exit from Harwood Road and build a fence to keep traffic off Fair Oaks Blvd. Mayor Samuels stated with the school on Harwood Road and Denton Drive, the complex would need to have two entrances. He stated the City has a Traffic Safety Coordinator and they would get his opinion, but he feels that for fire protection and traffic safety there would need to be two entrances. Mayor Samuels declared the public hearing closed. The vote on Mr. Walker's motion to deny the rezoning request is as follows: Ayes: Messrs. Walker, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VIII. PUBLIC HEARING ON PROPOSED AMENDMENTS TO ZONING ORDINANCE NO. 347 Mayor Samuels opened the public hearing on proposed amendments to Zoning Ordinance No. 3147. He stated the main item to be discussed is the side yard requirements. The Council discussed the amendments. Mayor Samuels inquired if there were any other comments. There being none, he declared the public hearing closed. Mr. Walker moved to approve first reading of an ordinance amending Ordinance No. 347, regarding the side yard require- ments on residential development, that they be reduced to a minimum of four foot (4') on one side and nine'foot (9') on the other side. (Page Six, Regular Meeting, Euless City Council, September 25, 1979) Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, and Mr. Pippin Nays: None Mayor Samuels declared the mtoion carried. IX. CONSIDERATION CF ORDINANCE CLARIFYING CERTAIN PROVISIONS CF THE EULESS ZONING CODE APPLICABLE TO WINDOW, INTERIOR, AND FLASHING SIGNS Mr. McFarinad reviewed the Ordinance regarding certain provisions of the Euless Zoning Code applicable to signs. Mr. Pippin moved to approve first reading of an ordinance clarifying certain provisions of the Euless Zoning Coe applicable to window, interior, and flashing signs. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. X. CONSIDER RECOMMENDATION CF PLANNING AND ZONING COMMISSION REGARDING DEADLINE FCR SUBMITTING ZONING CHANGE APPLICATIONS AND SUBDIVISION PLATS Mr. Walker moved to table decision on this item u nti I the Council can get some recommendations from the City Staff on other changes. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, Mr. Pippin Nays: None Mayor Samuels declared the motion carried. As— (Page Seven, Regular Meeting, Euless City Council, September, 1979) XI. RESOLUTION NO. 466 REGARDING A COOPERATIVE AGREEMENT WITH TARRANT COUNTY FOR HOUSING REHABILITATION FOR LON INCOME FAMILIES Mrs. McCormick moved to approve Resolution No. 466 regarding the agreement with Tarrant County for housing rehabilitation for low income families. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. P ppin and Walker Nays: None CONSIDER APPOINTMENTS Mayor Samuels declared the motion carried. X I, ENERGY COORDINATOR Mrs. McCormick moved to concur with the recommendation of the City Manager and appoint James Knight, City Engineer, as the Energy Coordinator for the City of Euless. Mr. Pippin seconded the motion and the vote i s as follows: Ayes: Mrs. McCormick, Messrs. Pippin and Walker Nays: None Mayor Samuels declared the motion carried. ACCEPT LETTERS CF RESIGNATION Mr. Pippin moved to accept the resignations of Neal Adams, member of the Planning and Zoning Commission, and Winn Porter, member of the Park and Recreation Board, and that letters of appreciation be sent to these two persons. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Pippin, Mrs. McCormick, Mr. Walker Nays: None Mayor Samuels declared the motion carried. (Page Eight, Regular Meeting, Euless City Council, September 25, 1979) APPOINTMENTS TO PLANNING AND ZONING COMMISSION AND PARK AND RECREATION BOARD Mrs. McCormick moved to table these appointments until the full Council is present and can discuss the applicants. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin and Walker Nays: None CITY ENGINEER'S REPORT Mayor Samuels declared the motion carried. XI11. RESOLUTION NO. 467 REGARDING MIDWAY DRIVE IMPROVEMENTS Mr. Knight reported that he attended the bid opening at the Tarrant County Planning Department for paving and drainage improvements for Midway Drive from Ector Drive to North Main Street. He stated that two bids were received, Ashland- Warren, Inc., in the amount of $216,144.75, and Austin Road Company, in the amount of $239,947.60. He stated this does include some drainage improvements to relieve some of the street flooding on Midway Drive. He stated there is $162,000 in Community Development Project Funds available to pay for a portion of the improvements, but if the Council approves the plans as prepared, the City will be obligated for the additional funds in the amount of $54,144.75. He state he has reviewed the plans and after talking with other staff members, he would recommend that the Council approve another alternate which would add some additional expenese to the contract. He stated this alternate would allow the installation of some additional storm drainage pipe, trying to intercept some of the water from the side streets off of Midway Drive, allowing Midway Drive to dry up. He stated they do not have the plans prepared at this time and the change would require a change order on the contract. He stated this change order would require an additional $40,000 to $45,000, making the amount that the City would be obligated for at approximately $95,000 to $100,000.00. Mr. Sustaire stated Midway Drive is a collector street and he would recommend that the City improve this street from Ector Drive to FM157 with in -house equipment and materials. He stated bond funds would have to be expended, but he would recommend that the problems street is improved. He stated the Council needs to approve a resolution approving the low bid and authorizing the expenditure of City funds to complete the amount of this contract and also approving the cahnge order whenever the plans are complete. (Page Nine, Regular Meeting, Euless City Council, September 25, 1979) Mr. Pippin moved to approve Resolution No. 467 recommending that the contract be awarded to the low bidder, Ashland - Warren, Inc., in the amount of $216,144.75, with $162,000 to be funded by Community Development Project Funds and the remainder to be an obligation of the City of Euless to be paid on the basis of improvements constructed in accordance with the project plans as drawn or as revised by change order approved by the City Council of the City of Euless. Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. SOUTH MAIN STREET OVERLAY Mr. Knight reported that the first layer of overlay has been completed on South Main Street. He stated that some tests have been made on the asphalt content and they have found that some of the asphalt may be low in oil, but there will be some additional tests run this week to determine the status of the aspahlt that has been completed. CITY ATTORNEY'S REPORT X1V. NORTH MAIN STREET SIDEWALKS Mr. McFarland stated he and Mr. Shackelford visited with nine property owners this evening. He stated they have received favorable indications from twelve of the fifteen property owners for the required easement on a non -cost basis. He stated they have not received an answer from a property owner that owns two lots and they anticipate that they will have to go to condemnation on these two properties. He stated there is one third party landlord that lives outside the City, but he will continue efforts to contact his person. He stated that within a week to ten days he anticipates having twelve, and possibly thirteen, easements in hand. XV. COMMENDATION CF DRIVER ENGINEER FCR THE FIRE DEPARTMENT Mayor Samuels stated he would like the Letter of Commendation for Driver Engineer Wayne Britt and Firemen Ray Rhine and Wayne Meason on a citizen's assistance to be made a part of the minutes. (Page Ten, Regular Meeting, Euless City Council, September 25, 1979) XVI. CITIZENS COMPLAINT Mrs. Donna Mickan stated that in the Wilshire Shopping Center there is the bowling alley, the movie, an arcade, and the Head Shop and they want the Head Shop closed immediately. She stated she doesn't know if the City has an ordinance covering this type of esttablishment or not. She stated the Head Shop sells paraphernalia that is used for smoking marijuana. She stated this store is four - tenths of a mile from an elementary school and wonders if the City can restrict it to at least two miles from a school if it has to be in Euless. Mrs. Mickan stated she contacted Representative Evans and he suggested it may be removed by City ordinance or the City could impose a tax on the business to make it unprofitable. She inquired if the City could regulate the area i n which th is type of store could be located. Mr. McFarland stated he has been aware of efforts of the neighboring communities to try to restrict the operation of business establishments of this type. He stated this type of store is not a violation of the law and he doesn't believe the City will have any authority to restrict the conduct of the business in the sale or distribution of paraphernalia that could be used for marijuana. He stated he doesn't see any situation where the City could impose a tax on the business because of the discriminatory nature. He stated he will research this and have a report for the Council before the next meeting. Mr. McFarinad stated that community pressure is a good way to stop a business. He stated if a business isn't profitable it is not going to stay in a city very long. He stated the citizens should make the shopping center owner aware of their dissatisfaction and that the citizens won't condone patronage by their children and themselves of the shops in the center because of this type of store. XVII. PROCLAMATION FCR PTA MEMBERSHIP WEEK Mrs. Pat Singletary requested the Mayor to issue a proclamation designating October 1, 1979, through October 12, 1979, as Trinity High School PTA Membersip Days in Euless. She stated Open House will be held at Trinity High School on October 4, 1979, at 7:30 p.m., and invited members.of the Council to attend. XVII I. STATUS CF TRAFFIC LIGHT AT ECTOR DRIVE AND AIRPORT FREEWAY Mr. Pippin inquired the status of the traffic light at Ector Drive and Airport Freeway. (Page Eleven, Regular Meeting, Euless City Council, September 25, 1979) Mr. Sustaire stated he has not had a report from Jim Brewer, Traffic Safety Coordinator. XV. PATROL AT MIDWAY DRIVE AND FM157 Mayor Samuels reported that since the City is unable to install a traffic light at Midway Drive and FM157, the City has had a committment from the City Manager and the Chief of Police to have police officers at this location for two hours in the morning and two hours in the afternoon. XVI. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 p.m. APPROVED: /s/ Harold D. Samuels Mayor ATTEST : isi Della Houy City Secretary 4 ^rt4r:- 1Y*10 ?..,11"-