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HomeMy WebLinkAbout1980-07-22Regular Meeting Euless City Council July 22, 1980 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, Ron Sternfels, Robert Pippin, and Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, Finance Director Jim Nickerson, and Director of Planning and Development Kent Flynn. VISITORS Visitors in attendance were Messrs. Don Perkins, Bobbie L. Pierson, John F. Boyle, Jr., Richard J. Thomes, Terry Sisk, B i l l Perry, G. W. Winter, Jr., Al Anglin, Joe F. Moreland, Jan Jordan, L. B. Holmes, Kenneth D. Parter, Ayub Sandhu, J. K. Tonick, Francisco Ruiz, R. T. Hall, Jr., Marvin Mooney, Wendell Pinnegan, Cecil Falls, and P h i l Brown; Mesdms. M. C. Boardway, Diane Brammer, Pat Sumruld, Bennie Finnegan, and Joan Falls. INVOCATION The invocation was given by Mayor Harold Samuels. APPROVAL OF MINUTES The minutes of the regular meeting dated July 8, 1980, were approved as written. ORDINANCE NO. 633 REZONING TRACTS 1B, 6A, AND 6D. S. HU ITT SURVEY, FROM "R-1" SINGLE FAMILY DWELL I NG DISTRICT AND "'PD " PLANNED DEVELOPMENT DISTRICT TO "R -1" SINGLE FAMILY DWELLING DISTRICT WITH "SP " SPECIFIC USE FOR "CUD" - R4 DENSITY - FOR VARIABLE HOUSING Mr. Pippin moved to approve second and final reading of Ordinance No. 633, rezoning Tracts 1B, 6A, and 6D, S. Huitt Survey, from "R -1" Single Family Dwelling District and "PD" Planned Develop- ment District to "R -1" Single Family Dwelling District with "SP" Specific Use for "CUD" - R -4 Density - for variable housing. (Page Two, Regular Meeting, Euless City Council, July 22, 1980) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ORDINANCE NO. 634 REZONING TRACT 2E1, A. J. HU ITT SURVEY, FROM "R -1" SINGLE FAMILY DVVELLING D I STR I CT 10 "R-2" TWO -FAM I LY DWELL! N G D I STR I CT Mr. Hunt moved to approve second and fi n a I reading of Ordinance No. 634 rezoning Tract 2E1, A. J. H u itt Survey, from "R -l" Single Family Dwelling District to "R -2" Two Family Dwelling District. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Pippin, Sternfels, and Mrs. McCormick Nays: Mr. Walker Mayor Samuels declared the motion carried. CONSIDERATION CF EMERGENCY REBATE ON WATER /SEWER BILL 10 SINGLE FAMILY CUSTOMERS Mrs. McCormick moved to authorize an emergency rebate of $5.00 on the water /sewer bill for single family customers during the months of July and August as an incentive to keep the trees, shrubs, and grass in their yards from dying. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Hunt, and Sternfels Nays: None Mayor Samuels declared the motion carried. Mrs. McCormick stated she hopes t h i s rebate is an incentive to the citizens to keep their trees and shrubs alive because t h i s w i l l be an asset to our city. 171 (Page Three, Regular Meeting, Euless City Council, July 22, 1980) IV. PUBLIC HEARING - ZONING CASE NO. 316 - RFOUFST OF DR. RICHARD THOMES FOR CHANGE OF ZONING FROM "R -1 • SINGLE FAMILY DWELLING DISTRICT TO "R -4+" MULTI - FAMILY DVAELLING DISTRICT (SIXTEEN UNITES PER ACRE) WITH "CUD" FCIR CONFORMING HOUSING ON LOTS 15 AND 16. RAY SHELTON SUBDIVISION Mayor Samuels opened the public hearing on Zoning Case No. 316, for change of zoning from "R -1" Single Family Dwelling District to "R -4" Multi - Family Dwelling District, sixteen units per acre, with "CUD" for conforming housino on Lots 15 and 16, Ray Shelton Subdivision, and stated the Council would hear from the proponents fi rst and then any opponents. Mayor Samuels recognized Mr. John F. Boyle, Jr. Mr. Boyle, with the firm of Hutchison, Price, Boyle, and Brooks, stated he is representing the owner and the applicant in this rezoning request. He stated the applicant concurs with the recommendation of the Planning and Zoning Commission regarding the green belt, the adding of a buffer along Ash Lane and Fuller -Wiser Road, and construction of a fence along the most westerly boundary. He stated these changes are noted on the submitted site plan. Mr. Boyle stated the property is a very heavily wooded tract that has a dry creek running through it, but none of the property is located in the flood plain. He stated the City Master Plan designates this property as Limited Industrial. He stated the property is located on the eastern edge of Noise Zone A. He stated the requested zoning is consistent with existing zoning in the area, consistent with recent development, is compatible with the Master Plan and it appears to be in conformity with the noise zones and the uses contained in the noise zones. He stated the property to the east is zoned "R -1" Single Family Dwelling District and most of this property is located in Noise Zone B, the property to the south is zoned "PD" Planned Development for a hotel and office use, and the property to the west is zoned "PD" Planned Development for multi - family. Mr. Boyle stated the property would not be economically feasible to develop residential because to develop the property residential, the developer would have to enclose the creek in a concrete enclosure. He stated this would be extremely expensive, would not be attractive, and they would have to destroy a large number of the trees. He stated they plan to construct two story, and possibly some three story, garden apartments. He stated sixty -five percent o f the apartments w i l l be two - bedroom, twenty -five percent one - bedroom units, and ten percent three - bedroom units. He stated there wi l l be a twenty -five foot buffer on Ash Lane and Fuller -Wiser Road. He stated they are setting aside 4.8 acres of community open space, to be maintained under a permanent agreement for maintenance and responsibility. He stated they submitted a suggested permanent maintenance agreement to the city staff and Planning and Zoning members. He presented members of the council a copy of the agreement to be reviewed by the City Attorney. 172 (Page Four, Regular Meeting, Euless City Council, July 22, 1980) Mr. Boyle stated they are requesting that the metes and bounds of the area along the creek be included in the maintenance agreement and submitted at the time of the final plat in order for the applicant t o have the a b i l i t y t o preserve as many trees as possible. He stated they w i l l agree to develop and improve their portion of Ash Lane and have all detailed engineering on drainage at the time of the final plat. Mr. Boyles stated the additional traffic w i l l not be a problem because many o f t h e tenants w i l l work at the airport and will travel Fuller -Wiser Road to Glade Road and then into the airport and others working elsewhere w i l l travel down Fuller -Wiser Road to Harwood Road and west from there. He stated t h e average per acre taxes w i l l be more on a multi - family development than on a single family development. He stated they have agreed to fence the property along the west boundary. He stated they are ready to begin development and feel there is a need for this type of development. Mr. Perry, engineer for the development, stated they are developing a "people place" by reducing the depth of the creek by adjusting the topography. He stated they are going to develop some check banks of aesthetic nature to hold water in the wet seasons. He stated they want areas that are clean of under -brush and they w i I I preserve the trees. Mayor Samuels inquired if there were any other proponents. Mr. George Winter, 206 Shelmar, inquired if the tract in this zoning case was not included in the original rezoning request of the property to the west and south towards North Main Street. He stated he remembers in the discussion during the previous public hearing, the property in this zoning case was described as a very elegant site for single family development. He inquired if the council is rezoning property that was dis- cussed before in a public hearing, taking more land for multi - family development that might ideally be suited for single family development. Mayor Samuels stated this property may have been discussed in the previous public hearing, but was not described by metes and bounds. He stated hewou'Id review the minutes and advise Mr. Winter. Mayor Samuels inquired if there were any other proponents. There being none, he inquired if there were any opponents. There being none, he inquired if there were any questions from the council. Mrs. McCormick inquired of Mr. Boyle the number of acres east of the branch. Mr. Boyle stated there are approximately three and one -half acres. Mr. Perry stated the creek i n that area is forty to forty -five feet deep and approximately two hundred feet wide. z (Page Five, Regular Meeting, Euless City Council, July 22, 1980) Mayor Samuels inquired if there were any other questions. There being none he declared the public hearing closed. Mr. Flynn reveiwed several items with the petitioner, as follows - an open drainage system would have to be approved by the city council at the time of final platting; the site plan, as submitted, stated the community b u i l d i n g w i l l be c e n t r a l l y located but w i l l not be included in the open space; and the detailed site plan must be submitted at the time of application of the building permit. He further inquired of Mr. Boyle the location of the 4.48 acres of green area. He stated the city staff would like for the green area to be identified by metes and bounds on the final plat. Mr. Boyle stated the plan, as submitted, shows what they are agreeable to and the f i n a l metes and bounds w i l l be identified in the maintenance agreement and final plat. Mr. Walker moved that Zoning Case No. 316, for change of zoning from "R -1" Single Family Dwelling District to "R -4" Multi - Family Dwelling District - sixteen units per acre - with "CUD" for conforming housing on Lots 15 and 16, Ray Shelton Subdivision, 6e denied as he doesn't feel this high density zoning in this area is compatible with the overall density standards set for the community by this and prior city councils. Mrs. McCormick seconded the motion. Mr. Hunt inquired of the owners if it is their opinion that a lesser density would be unfeasible. Dr. Thomes replied affirmatively, that the development cost, because of the creek and the cost of the land, would be unfeasible for less than sixteen units per acre. He stated they would also be able to save more trees with this type of development than with single family or duplex development. There being no further discussion, the vote on Mr. Walker's motion is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Sternfels Nays: None Mayor Samuels declared the motion carried. REPLAT OF LOT 1R. BLOCK 1, AND LOTS 1R 11-ROUGH 4R, BLOCK 6. TIMBER RIDGE ADDITION Mr. Terry Sisk, representing Timber Ridge Development Corporation, stated they originally platted the addition with twenty - five foot building lines in order for the homes to be contiguous with the homes presently constructed on Harwood Road. He further stated that since they have started the development, the houses w i l l not front on Harwood Road, and they (Page Six, Regular Meeting, Euless City Council, July 22, 1980) are requesting this replat for a fifteen foot building line in order to be able to fence the property. Mrs. `McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the replat of Lot 1R, Block 1, and Lot 1R through Lot 4R, Block 6, Timber Ridge Addition. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Sternfels, and Hunt Nays: None carr ied. Mayor Samuels declared the motion VI. PRELIMINARY PLAT OF LOTS 1 AND 2 BLOCK 1, EULESS TUAN CENTER ADDITION Mr. Ayub Sandhu stated the preliminary plat is a total of thirty -seven acres but they are going to only develop Lot 1 at this time. He stated Lot 1 is approximately twenty acres. Mrs. McCormick inquired what companies will be located in the center. Mr. Sandhu stated there will be a grocery store, a home improvement store, and a discount center. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the prelim- inary plat of Lots 1 and 2, Block 1, Euless Town Center Addition. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Hunt, Sternfels, and Walker Nays: None carried. Mayor Samuels declared the motion VII. FINAL PLAT OF LOT 1, BLOCK 1, EULESS TOAN CENTER ADDITION Mr. Hunt moved to concur with the recommendation of the Planning and Zoning Commission and approve the fi n a I plat of Lot 1, Block 1, Euless Town Center Addition. (Page Seven, Regular Meeting, Euless City Council, July 22, 1980) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, 'Walker, Pippin, Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Pippin inquired the proposed develop- ment schedule. Mr. Sandhu stated they have already started the dirt work for the grocery store site and they anticipate completion of the store site before the end of the year. VIII. PUBLIC HEARING - PROPOSED REVISIONS TO EULESS ZONING ORDINANCE NO. 347 REDUCING REAR YARD REQUIREMENTS I N "R -2" TWO - FAMILY DWELLING DISTRICT Mayor Samuels opened the p u b l i c hearing on the proposed revisions to Euless Zoning Ordinance No. 347, reducing the rear yard 'requirements i n "R -2" Two -Fami I y Dwelling Di stri ct and stated the council would hear from the proponents first and then any opponents. Mayor Samuels recognized Mr. Joe Moreland. Mr. Moreland, realtor, stated he is re- questing an amendment to Sub - section 2 of Section 7 -202 of Ordinance No. 347 pertaining to the area requirements i n "R -2 " zoning. He stated he is requesting a change in the rear yeard requirements from twenty -five feet to fifteen feet, as the council allows in single family development. He further stated this will allow larger units to be constructed so as not to compete with apartments and to allow people to have home ownership and not have an apartment atmosphere. Mr. Moreland presented the council a survey of surrounding areas regarding area requirements in "R-2" zoning. 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. Hunt moved to concur with the recommend- ation of the Planning and Zoning Commission and approve first reading of an ordinance amending Ordinance No. 347 reducing the rear yard requirements from twenty -five feet to fifteen feet in the "R -2 " Two - Family Dwelling District. Mr. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Hunt, Mrs. McCormick, Messrs. Pippin, Walker, and Sternfels Nays: None (Page Eight, Regular Meeting, Euless City Council, July 22, 1980) carried. Mayor Samuels declared the motion IX. PUBLIC HEARING - PROPOSED BUDGET FCR FISCAL YEAR 1980 -81 AND PROPOSED REVENUE SHARING BUDGET FCR FISCAL YEAR 1980 -81 Mayor Samuels opened the public hearing on the proposed budget for fiscal year 1980-81 and the revenue sharing budget for fiscal year 1980 -81 and stated the council would hear from the city staff and then would allow the citizens to ask questions of the staff and council. Mayor Sarnuels recognized City Manager W. M. Sustaire. Mr. Sustaire reviewed the proposed expenditures for 1980 -81: Public Safety - $1,831,337; General Fund Non - departmental - $724,089; Park and Recreation - $545,622; Administration - $413,297; Planning and Development - $155,777; Water and Sewer - $2,958,968; Public Works - $616,080; Revenue Sharing - $206,000, for a total of $7,45],170. Mrs. Boardway inquired when the city would be assessed on one hundred percent valuation and what the tax rate would be. Mr. Sustaire stated the City went to one hundred percent valuation this year but the council has not set a tax rate. He stated the council w i 11 hold a public hearing on August 12, 1980 to set a tax rate. Mr. McFarland reviewed the procedure the tax assessor uses to arrive at the same tax figure the city receives on one hundred percent of assessed value as they did on the sixty -five percent of assessed value that was used in previous years. Mr. Sustaire stated the assessed value has been the same since 19714 and will not change until the recently formed county appraisal board does the reappraising. Mr. Perkins inquired if the total assessed value is more or less than last year. Mr. Sustaire stated it is approximately the same. Mr. Cecil Falls inquired if this new budget includes a raise for the employees. Mr. Sustaire stated the budget includes a maximum twelve percent salary increase. M r . Perkins i n q u i r e d i f the c i t y w 1 1 1 receive any revenue from the Bear Creek Country Club. (Page Nine, Regular Meeting, Euless City Council, July 22, 1980) Mr. Sustaire stated the city will receive some sales tax and some personal property tax from the corporation t h a t w i l l be operating the club. Mrs. Boardway inquired if the city wi I I receive any benefits from the Lone Star Transporation Authority. Mr. Sustaire stated that if the citizens vote to participate in the authority, the citizens will be able to participate in the r i d e programs, but the c i t i z e n s w i l l be paying one cent additional sales tax. M r . Susta ire reviewed the proposed revenue for 1980 -81: beginning balance - $646,298; ad valorem tax - $2,056,644; sales tax and mixed drinks tax - 677,000; utility franchise tax - $410,150; fines, permits, and licenses - $272,600; interest, rents, and inspections - $191,000; pools - $25,000; current services - $7,510; water and sewer - $2,958,968; and revenue sharing - $206,000. Mr. Sustaire stated the proposed expenditures for the revenue sharing budget, as recommended by the city staff at an administrative hearing on July 11, 1980, are one pumper for the fire department - $75,000; fogging machine in the street department - $4,200; police vehicles and a communication system in the police department - $109,000; fencing in the park department - $5,000; and partial replacement of air con- ditioning equipment in the city hall complex - $8,800, for a total of $206,000. Mr. Perkins inquired if there is any indication that the city will get any funds from the federal government. Mr. Sustaire stated he is not aware of any. Mr. Falls inquired what is current services. Mr. Sustaire stated there is a state charge of $2.50 that is attached to each traffic fine and the city retains a portion of that fee. Mr. Falls inquired if the water storage facilities are adequate and if the city is preparing for future water sites. Mr. Sustaire stated the city has had good planning in previous years for water storage and treatment and the city presently has a distribution system that is rated at ten million gallons per day and the city Is presently pumping eight million gallons per day during peak use. He further stated if there is additional growth that requires additional storage facilities, the city will build another three million gallon storage tank in the northern section of the city. Mr. Mooney i n q u i r e d why the sewer b i l l increased so much. (Page Ten, Regular Meeting, Euless City Council, July 22, 1980) Mr. Sustaire stated because the city's cost for treatment by the Trinity River Authority doubled. He stated in the 1978 -79 fiscal year the city was billed approximately $327,000 for sewer treatment and in 1979 -80 the approximate cost is $657,000, and it is estimated t h a t the cost w i l l increase approximately $20,000 in 1980-81. He stated that the restrictions established by the Environmental Protection Agency on waste water is the primary reason for the increased cost. He stated he has recommended to the council that the sewer expenses be reviewed each quarter and if there is a reduction in the cost then this savings will be passed on to the customer. Mr. Hall inquired if the sewer that the city is billed for is metered. Mr. Sustaire stated the waste water is metered and it costs the city $0,88 per 1,000 gallons to treat. Mr. Finnegan inquired if the city has ever considered having the emergency ambulance service operated by the fire depa rtmen t . Mayor Samuels stated the council has wanted to go in -house with ambulance service for several years but the cost has been prohibited, but when the revenue is to the point where the city can afford i t , w e w i l l have a city operated ambulance service. Mr. Falls stated the land -fill provided by Tarrant County Waste Disposal is long over -due and he does appreciate it being available for the citizens. He stated he wanted to commend the fire department because he had a fire at his house recently and the fire department arrived very quickly. Mayor Samuels inquired if there were any other questions. There being none, he declared the public hearing closed. Mayor Samuels stated the c o u n c i l w i l l defer action on the budget and w i l l consider formal action on the same date as a tax rate is approved. X. CALLING PUBLIC HEARING ON THE CITY'S INTENTION TO INCREASE PROPERTY TAXES Mr. Pippin moved to call a public hearing on August 12, 1980, on the city's intention to increase property taxes to an amount up to $0.72 per $100. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Hunt, Sternfels, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Eleven, Regular Meeting, Euless City Council, July 22, 1980) XI. FIRST READING CF AN ORDINANCE AUTHORIZING. RATIFYING, AND CONFIRMING THE PLACING AND MAINTENANCE OF ALL EXISTING LOCAL TRAFFIC CONTROL SIGNS Mr. Sternfels moved to approve first reading of an ordinance authorizing, ratifying, and confirming the placing and maintenance of all existing local traffic control signs. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Sternfels, Walker, Pippin, Hunt, and Mrs. McCormick Nays: None . carried. Mayor Samuels declared the motion XII. FIRST READING OF AN ORDINANCE AUTHORIZING, -- RATIFYING. AND CONFIRMING THE PLACING AND MAINTENANCE CF "NO PARKING" SIGNS Mr. Pippin moved to approve first reading of an ordinance authorizing, ratifying, and confirming the placing and main- tenance of "No Parking" signs on Vine Street, Airport Freeway, Euless Westpark Way, South Ector Drive, El Camino Real, and Norman Drive. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Hunt, and Sternfels Nays: None carried. Mayor Samuels declared the motion XIV. CONSIDER INTER -CITY AGREEMENT WITH CITY CF HURST REGARDING EULESS' SANITARY SEWER COLLECTION SYSTEM Mr. Pippin moved to approve the inter -city agreement with the City of Hurst regarding Euless' Sanitary Sewer Collection System. Mr. Sternfels seconded the motion and the vote is as follows: (Page Twelve, Regular Meeting, Euless City Council, July 22, 1980) Ayes: Messrs. Pippin, Sternfels, Hunt, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XV. FURTHER CONSIDERATION OF TAXICAB CERTIFICATE OF CONVENIENCE Mr. Sternfels inquired of Mr. Griffin i f he would be receptive to a two percent franchise tax if he were awarded the Certificate of Convenience, instead of the $100 per year as indicated in his application. Mr. Griffin stated he would accept the two percent tax i f he had an adequate bookkeeping system. He stated he w i l l be working out of another city and it will be difficult to know which taxi- cabs will be working in Euless. Mr. Sustaire inquired if Mr. Griffin would have his vehicles located in Euless where the City can collect personal property tax on them. Mr. Griffin stated they will initially operate out of Grand Prarie, but he hopes to have a station in Euless within approximately one year's time. Mr. Pippin inquired the staff's recommendation. Mr. Sustaire stated he would recommend a four percent of gross receipts tax unless they have some vehicles stationed i n Euless, since the C i t y w i I I not have the ability to collect personal property tax. Mr. McFarland stated he would have to do some research on the state statute on fees. Mrs. McCormick moved to table the decision on the Certificate of Convenience until the next regular meeting. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Hunt, and Sternfels Nays: None Mayor Samuels declared the motion carried. Mr. Pierson stated any fee based on gross receipts wout/ be d“ficuit to set since the cabs wi l l be operating in other (Page Thirteen, Regular Meeting, Euless City Council, July 22, 1980) cities as well as Euless. Mrs. McCormick stated she would like for the staff to research fees received by neighboring cities. XVI. RESOLUTION NO. 492 REGARDING SALE OF BONDS AS REQUESTED BY TRINITY RTV E R AUTHORITY Mrs. McCormick moved to approve Resolution No. 492 regarding sale of bonds as requested by Trinity River Author! ty. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Mrs. McCorm ck, Messrs. Sternfels, Hunt, Pippin, and Walker Nays: None Mayor Samuels declared the motion carried. XVI I. ADJOURNMENT There being no further business, the meeting adjourned at 10:08 p.m. APPROVED: /s/ Harold D. Samuels Mayor ATTEST: /s/ Della Houy City Secretary