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HomeMy WebLinkAbout1980-08-26 (special called)Called Meeting Euless City Council August 26, 1980 A specially called 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 Pro Tem Willie Me McCormick. Other members present were Councilmen Ron Sternfels, Robert Pippin, Glenn Walker, and Charles Hunt. Also attending were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer James Knight, and Finance Director Jim Hickerson. VISITORS Visitors in attendance were Messrs. Al Holt, Don Perkins, J. W. Giddens, L. C. Shuffler, Frank Fletcher, J. W. Clink, Troy M. Fuller, Bill Pasteur, Walter A. Elliott, Jr., Ken Chenault, Ken Nickels, Ted Martin, David Bagwell, Steve Crim, Domingo Ramirez, Ron Haynes, and Mrs. Myrtle Hall. INVOCATION Councilman Glenn Walker. The invocation was given by I. Mayor Pro Tem McCormick stated t h i s specially called meeting is for the purpose of voting on an ad valorem tax increase. Mr. Pippin moved that the Council establish an increase in taxes from an effective rate of $0.61 per $100.00 valuation based on 65% of assessed value to $0.70 per $100 valuation based on 100 %of assessed value. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Hunt, Walker, Sternfels, and Mr s . McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. Mayor Pro Tem McCormick adjourned the called meeting at 8:08 p.m. * 100% Regular Meeting Euless City Council August 26, 1980 CALL TO ORDER Mayor Pro Tem McCormick called the regular meeting of the Euless City Council to order at 8:10 p.m. APPROVAL OF MINUTES The minutes of the regular meeting dated August 12, 1980, were approved with a correction to some comments made by City Attorney Bob McFarland during the meeting relative to the background on zoning case number 318. He stated has has given these corrections to the City Secretary and would ask that the minutes be changed to reflect these corrections. ORDINANCE NO. 633 AMENDING ORDINANCE NO. 411 -- AND APPROVING A REVISED PLAN OF DEVELOPMENT ON TRACT 1A, J. E. FIELD SURVEY, A -540 Mr. Pippin moved to approve second and final reading of Ordinance No. 639, amending Ordinance No. 411 and approving a revised plan of development on Tract 1A, J. E. Field Survey, A -540. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, Hunt, and Mrs. McCormick Nays: None motion carried. Mayor Pro Tem McCormick declared the IT . ORDINANCE NO. 640 VACATING AND ABANDONING DELPHIA LANE IN THE J. E. WHITNER ESTATES Mr. Walker moved to approve second and final reading of Ordinance No. 640 vacating and abandoning Delphia Lane in the J. E. Whitner Estates. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Hunt, Sternfels, and Mrs. McCormick Nays: None (Page Two, Regular Meeting, Euless City Council, August 26, 1980) Mayor Pro Tem McCormick declared the motion carried, FURTHER CONSIDERATION OF BUDGET FOR FISCAL YEAR 1980 -81 AND FIRST READING OF ORDINANCE NO. 641 APPROVING SAME AND FURTHER CONSIDERATION OF REVENUE SHARING BUDGET Mr. Sustaire stated that based on the tax rate of $0.70 per $100 valuation based on 100% of assessed value approved by the Council during the specially called meeting, he would recommend a general fund operating budget of $4,267,730 and a water and sewer budget for $2,947,968, for a total operating budget of $7,215,698 for fiscal year 1980-81. He stated this budget will allow the City to continue most of the City's services but with limited reductions in some services. He stated he would also recommend the revenue sharing budget in the amount of $206,000. Mr. Walker moved to approve the city operating budget for fiscal year 1980 -81 in the amount of $7,215,698, and the revenue sharing budget in the amount of $206,000, as recommended by the City Manager. Mr. Hunt seconded the motion. Mr. Hunt asked the City Manager to outline the proposed reductions that will have to be made in the budget. Mr. Sustaire reviewed the proposed reductions as being a reduction in the number of hours the library will be open from fifty -eight hours to fifty hours - $8,000; traffic safety budget - $33,167; building maintenance - $25,000; recreation - $8,000; leaving one swimming pool closed next summer - *$9,000; total reductions of $85,472. ** Mr. Walker moved to amend his motion to approve first reading of Ordinance No. 641 approving the budget for fiscal year 1980-81 and adopting the tax rate of $0.70 per $100 valuation based on 100% of assessed value and to approve the revenue sharing budget in the amount of $206,000, as recommended by the City Manager. Mr. Hunt seconded the amended motion and the vote is as follows: Ayes: Messrs. Walker, Hunt, Sternfels, Pippin, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. * $11,000 * *$85,167 (Page Three, Regular Meeting, Euless City Council, August 26, 1980) IV. CONSIDER FINAL PLAT - SAGEPOINT ADDITION Mr. Kenneth Chenault, project manager for Homecraft Land Development Company, stated they are requesting approval of the final plat of Sagepoint Addition. He stated they have complied with the recommendations of the City Staff and the Planning and Zoning Commission. He stated they have escrowed funds €or one -half of North Main Street and the storm sewer and have given the City Engineer a cost estimate of the anticipated cost of these improvements. Mr. Chenault stated they have agreed with the requirement of the avigation easement but he is concerned that the Federal Housing Administration and the Veterans Adminis- tration will not approve loans for property that has this type of easement. He stated he is requesting approval of the final plat without the avigation easement, with the stipulation that if the avigation easement is approved by the Federal Housing Administration and the Veterans Administration, then they will resubmit the plat with the easement. Mrs. McCormick inquired the square footage of the houses that will be constructed. Mr. Chenault stated he has not seen any of the plans so would hesitate to give an answer. Mr. McFarland stated that since the avigation easement will be a matter in several of the plats on the agenda, the Council may want to table consideration of this plat and discuss the avigation easement. Mr. Pippin moved to table this item pending further discussion of the avigation easement question and resolution of said question. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Sternfels, Walker, Hunt, and Mrs. McCormick Nays: None the motion carried. Mayor Pro Tem McConuick declared V. DISCUSSION ON AVIGATION EASEMENT Mr. Walter Elliott stated that when the Council adopted the airport sound zone map they adopted (Page Four, Regular Meeting, Euless City Council, August 26, 1980) the requirements for building in the designated zones. He reviewed-, the three sound zones and the zones in which the various cities require an avigation easement. He stated he believes Zone C should be the only zone that should require an avigation easement. Mr. Hunt inquired if the Federal Housing Administration is really concerned about an avigation easement. Mr, Elliott stated he doesn't know for sure, but he has talked with persons who finance homes and they see problems in financing residential property that is in an area that requires an avigation easement. Mr. Elliott stated he believes there are certain limits that could be included under an avigation easement, but these need to be defined. Mr. McFarland stated the sound zones are based on existing runways and air patterns and the City's concern is what will happen when the cross -wind runways are constructed and Zone C will include areas that are presently in Zone A and Zone B. Mr. Elliott stated he believes the runways are defined on the sound zone map and should not change much from what they are now. He stated the City needs to have a definite plan and limit the zones that will require an avigation easement. Mr. Bill Pasteur reviewed some comments he has received concerning the easement. He stated he does not feel the easement should be enforced at this time. Me stated the only place he knows where an avigation easement is required is where property is under a flight pattern or where there is a hazardous condition. He stated the requirement of the easement could be a determinant to development of property that is being financed by federal loans. Mr. Pasteur presented a letter from Hutch Carter, president of First City Savings in Euless, to members of the Council. He read the letter into the minutes. "Dear Bill: I am writing in response to your inquiry as to how the requirement of the City of Euless for an air space easement above your planned subdivision will effect the availability of mortgage financing. As I understand the easement, it will be a covenant to run in perpetuity with the land. It would, therefore, be an exception on any title policy. I was unable to obtain an opinion concerning the exception from the appropriate federal agency, so, unfortunately, I must speculate here. (Page Five, Regular Meeting, Euless City Council, August 26, 1980) The mere fact that one federal agency may press the City for such an easement would not mitigate the possible adverse consequence should the mortgages made on the homes in that subdivision be unsalable due to resulting deficiencies in the title. 1 believe the marketability of the loans with such a cloud on the title would indeed be questionable because the conclusion drawn from such a title exception is that the property was at the end of a runway. With more time I would be pleased to attempt to be more specific at answering this question. However, the thought of trying to explain such an unusual feature to all the potential investors in these loans is not at all pleasant." Mr. Pasteur stated he is requesting that the Council reconsider the policy of requiring an avigation easement until the Council'is able to know what the ramifications will be in instituting this policy. Mr.' David Bagwell reviewed Crow Development Company's problems on property that is adjacent to Arlington's municipal airport. He stated he believes that the Federal Housing Administration would withhold loans to the City of Euless if this easement is required. Mr. Pippin inquired if there is any other legal way the City can gain indemnity of airspace noise violations other than this avigation easement. Mr. McFarland stated there is no way the City can indemnify itself or obtain relief from the prospect of future litigation or liability except by an avigation easement. He reviewed various ways the City may be able to approach the problem. He stated the easement was requested because of the possible liability of the City in approving plans or granting zoning in an area where the City knew there may be problems caused by aircraft from the airport. ice. Pippin moved to declare a moratorium on the requirement of the avigation easement until such time as the effect of the avigation easement can be fully researched and determined as to the net positive effect to the City. Mr. Walker seconded the motion. Mr. Pippin stated he feels that it would be unfair to require the execution of this easement by these developers since it was not enforced upon 'previous developers. There being no further discussion, the vote on Mr. Pippin's motion is as follows: (Page Six, Regular Meeting, Euless City Council, August 26, 1980) Ayes: Messrs. Pippin, Walker, Hunt, Sternfels, and Mrs. McCormick Nays: None Mayor Pro Tem McCormick declared the motion carried. (Mayor Samuels arrived at 9:36 p.m.) Mr. McFarland stated there will be an oversizing of the water line in this development from an eight inch line to a thirty inch line, which will require city participation. He stated the Council needs to be aware of this participation. Mr. Sustaire stated this thirty inch line is part of the water master plan and will connect to the new lines that Trinity River Authority is installing. He stated the City has funds available for this oversizing. VII. CONSIDER PRELIMINARY PLAT - LOTS 1 AND 2, BLOCK 1, CENTURY PLAZA ADDITION Mr. Walter Elliott, representing the owners of Century Plaza Addition, stated they are requesting approval of the preliminary plat of Lots 1 and 2, Block 1, Century Plaza Addition. Mr. Elliott located the property as being on the northeast corner of Harwood Road and North Main Street. Mr. Elliott stated they have a letter from the Director of Planning and Development, who recommends approval of the plat. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the preliminary plat of Lots 1 and 2, Block 1, Century Plaza Addition. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Sternfels, and Hunt Nays: None Mayor Samuels declared the motion carried. (Page Seven, Regular Meeting, Euless City Council, August 26, 1980) VIII. CONSIDER FINAL PLAT - LOT 1, BLOCK 1, CENTURY PLAZA ADDITION Mr. Elliott stated this lot will be purchased by National Convenience Stores and will be developed as a Stop N Go Market. He stated they have met all the requirements of the City Staff. Mr. Sternfels moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Lot 1, Block 1, Century Plaza Addition. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Sternfels, Hunt, Pippin, Walker, and Mrs. McCormick Nays: None carried. Mayor Samuels declared the motion IX. CONSIDER PRELIMINARY PLAT - QUAIL RUN ESTATES Mr. Kenneth Chenault, project manager for Homecraft Land Company, Inc., stated they are requesting approval of the preliminary plat of Quail Run Estates. Mr. Pippin moved to concur with the recommendation of the Planning and Zoning Commission and approve the preliminary plat of Quail Run Estates. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, Hunt, and Mrs. McCormick Nays: None carried. Mayor Samuels declared the motion X. CONSIDER FINAL PLAT OF LOT 1, BLOCK 1, TRAIL CREEK PROFESSIONAL CENTER Mr. Walter Elliott stated the owners are in the process of developing Lot 1, Block 1, into a professional medical clinic. He stated they anticipate starting construction in the immediate future. (Page Eight, Regular Meeting, Euless City Council, August 26, 1980) Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Lot 1, Block 1, Trail Creek Professional Center. 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. XI. CONSIDER BIDS Members of the Council had previously received copies of the bid tabulations and recommendations on the following bids. PLAYGROUND EQUIPMENT FOR LITTLE BEAR CREEK PARK Mr. Walker moved to concur with the recommendation of the City Engineer and approve the low bid of Vaughn and Associates for the playground equipment for Little Bear Creek Park in the amount of $9,834.00. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Sternfels Nays: None carried. Mayor Samuels declared the motion CARPETING FOR LIBRARY Mrs. McCormick moved to concur with the recommendation of the City Engineer and approve the bid of Trice Floor Covering for the carpeting in the library, including moving the books and book shelves, in the amount of $13,080.40. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Sternfels, Hunt, Pippin and Walker Nays: None Mayor Samuels declared the moti.2n carried. (Page Nine, Regular Meeting, Euless City Council, August 26, 1980) RECONSTRUCTION OF ALEXANDER LANE Mr. Pippin moved to concur with the recommendation of the City Engineer and approve the bid of S.R.O. Asphalt, Inc., for the reconstruction of Alexander Lane in the amount of $74,695.00. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Hunt, Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Copies of bids on file in Office of City Secretary.) XII . CONSIDER INTER -CITY EMERGENCY'AMBULANCE CONTRACT FOR SERVICE IN EASTERN FORT WORTH ADJACENT TO THE CITY OF EULESS Mr. McFarland stated the staff from the cities of Euless and Fort Worth have been working on an arrangement for emergency ambulance service in the eastern portion of Fort Worth adjacent to Eulesss. He stated the City's agreement with Mid - Cities requires that they utilize their ambulance for Euless only and as back -up for the City of Hurst. He stated that Fort Worth and Mid - Cities are finalizing an agreement whereby Mid - Cities would respond into this area and the City of Fort Worth would pay the additional cost for that service. He stated he would recommend that this item be tabled until a future meeting since the agreement has not been received by the City. Mr. Hunt moved to table decision on this item pending receipt of the agreement. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Pippin, Sternfels, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Ten, Regular Meeting, Euless City Council, August 26, 1980) CITY ENGINEER'S REPORT XIII . AUTHORIZING CITY MANAGER TO ADVERTISE FOR BIDS FOR SIDEWALKS ON NORTH MAIN STREET FROM HARWOOD ROAD TO MIDWAY PARK Mr. Knight reported that the City Staff is requesting authorization to advertise for bids for the sidewalks on North Main Street. He stated the County will receive bids on Thursday, September 18, 1980, at 1:00 p.m., and the bids will be presented to the Council on September 23, 1980. Mr. Walker moved to authorize the City Manager to advertise for bids for construction of sidewalks on North Main Street from Harwood Road to Midway Drive. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Sternfels, Hunt, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Knight stated the County will advertise and receive the bids. He further stated the monies for these improvements will come from a Community Development Block Grant. MIDWAY DRIVE IMPROVEMENTS Mr. Knight reported that Tarrant County has accepted the final inspection on the improvements to Midway Drive. XIV. COMMENTS r Mayor Samuels inquired what the ladies in the water department are telling persons who call regarding the $5.00 rebate on their water bill. Mr. Nickerson stated they are advising the citizens that their minimum charge of $6.00 on their water is reduced to $1.00 during August and September and will not show up as as credit on the bill. (Page Eleven, Regular Meeting, Euless City Council, August 26, 1980) Mr. Pippin stated there is some erosion on the resurfacing on South Main Street, north of the South Euless Elementary School. Mr. Knight stated the telephone company has a manhole at that location, which may be causing the problem. Mr. Pippin inquired if there is anything the City can do to require the utility companies to restore the street as it was prior to their construction work. Mr. Knight stated the ordinance recently approved by the Council will require the utility companies to obtain a permit prior to construction work that will prevent this problem. 6 Mr. Pippin inquired when the "No Parking" signs will be installed on Vine Street. Mr. Sustaire stated the signs are on order and as soon as they are delivered they will be installed. Mayor Samuels stated the school district was able to get two areas in Euless classified a hazardous area and get state funding for school bus transportation. XV. ADJOURNMENT There being no further business, the meeting adjourned at 10 :17 p.m. APPROVED: /s/ Harold Samuels Mayor ATTEST: /s/ Della Houy City Secretary