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HomeMy WebLinkAbout1980-11-11Regular Meeting Euless City Council November 11, 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 Robert Pippin, Glenn Walker, and Ron Sternfels. Absent was Councilman Charles Hunt. Also presentwere City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney James Cribbs, City Engineer James Knight, and Director of Planning and Development Kent Flynn. V ISITORS Visitors in attendance were Don Perkins, David Bagwell, Gus A. Wolman, J r . , B i l l Teater, E. J. Thomes, Fred Scott, Jo Ann Scott, John Scott, Ronny Hicks, Michael Logan, Cecil Wood, C. F. Decker, Raymond McLain, Ruth McLain, Edward C. Hertberg, Judy Thomes, Sue Ferguson, Hal Ferguson, Ronald N. Haynes, Gerald Lemons, Denzil Goode, Mildred Richter, Blanche Morgan, Rod Tyler, Bob R. Chesbro, Sally Chesbro, Ernest R. Franke, and W i l l Peters. INVOCATION The invocation was given by Councilman Glenn Walker. APPROVAL OF MINUTES The minutes of the regular meeting dated October 28, 1980, were approved as written. PRESENTATION OF PROCLAMATION Mayor Samuels read a proclamation pro- claiming Friday, November 14, 1980, as Robert Nail Day in Euless. He stated Mr. Nail has served as the Postmaster for the C ity of Euless since February 2, 191+9, and is retiring on November 14, 1980. ORDINANCE NO. 646 VACATING AND ABANDONING A UTILITY EASEMENT ON LOT 38, BLOCK 4, PARKWOOD ADDITION Mr. Pippin moved to approve second and final reading of Ordinance No. 646, vacating and abandoning a utility easement on Lot 38, Block 4, Parkwood Addition. 2 (Page Two. Regular Meeting, Euless City Council, November 11. 180) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ORDINANCE NO. 647 REZONING TRACTS 1A2, 1A3, AND PORTIONS OF TRACTS 1A1 AND 1A1B, J. E. FIELD SURVEY, FROM "PD" PLANNED DEVELOPMENT TO "R -2" TWO- FAMILY DWELLING DISTRICT Mr. Walker moved to approve second and f i n a l reading of Ordinance No. 647 rezoning Tracts 1A2, 1A3, and portions of Tract 1A1 and 1A1B, J. E. Field Survey, from "PD" Planned Development to "R -2" Two - Family Dwelling District. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Sternfels, Pippin, and Mrs. McCormick Nays: None carried. Mayor Samuels declared the motion IV. CONSIDER FINAL PLAT - WOODLANDS ADDITION Mr. Ron Haynes, representing Crow Development Company, stated the subject subdivision is located east of North Euless Main Street and north of East Ash Lane. He stated he has been discussing various items regarding this plat with the City Staff and the only item not resolved is the perimeter streets. He reviewed the five items in the City Staff's letter, and stated the developers concur with item two; item three, the developer is in the process of obtaining the off -site easement and will submit them to the City prior to filing the final plat of the subdivision; item four, the developer does not have the signed perpetual maintenance agreement, but they are in the process of writing the agreement and will have the signed agreement submitted to the City Attorney for his review; item five, the developer has submitted the cost estimates and plans for paving and drainage improvements for Fuller -Wiser Road to the City Engineer. Mr. Haynes stated the developer is requesting a variance in the policy for off -site perimeter street participation. He stated the developer is planning on constructing East Ash Lane in its entirety, which will be a sixty foot street. He presented a letter to the Council concerning the perimeter street obligation as it relates to the subdivision. He stated the developer is requesting that they be allowed to construct East Ash Lane through to Fuller -Wiser Road. He stated according to City policy, they are required to escrow $90,404,41 for the developer's portion of Ash Lane and Fuller -Wiser Road. He stated that the developer is requesting that they be allowed to use tots AsndLane that are to be escrowed for Fuller -Wiser Road in order to construct al l 3 (Page Three, Regular Meeting, Euless City Council, November 11, 1980) He stated the developer is requesting the City enter into an agreement with the developer on the south, t h a t w i l l be tied to the land, so when the property to the south i s developed the City can assess that property owner fo r their pro -rata share and these funds be used for Crow Development Company's share of Fuller -Wiser Road. He further stated if the City Attorney advises that it is not l e g a l t o trade funds f r o m one s t r e e t t o the o t h e r , they w i l l return to the Council with an amended plat for their participation in the perimeter streets. Mayor Samuels inquired of the City Engineer if there are any engineering problems on this plat, other than the perimeter street funds. Mr. Knight stated that the plans, as sub- mitted, are complete. Mrs. McCormick moved to concur with the recommendation of Planning and Zoning Commission and approve the final plat of Woodlands Addition, as presented, subject to the decision of City Attorney on the perimeter streets. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Sternfels Nays: None carried. Mayor Samuels declared the motion V. PUBLIC HEARING - ZONING CASE NO. 323 - REQUEST CF STEVE CRIM FOR CHANGE OF ZONING FROM "L -1" LIMITED INDUSTRIAL DISTRICT TO "R-5" MULTI - FAMILY DWELLING DISTRICT, "R -5" MULTI-FAMILY DWELLING DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT, AND "PD" PLANNED DEVELOPMENT TO "1 -1" LIGHT INDUSTRIAL DISTRICT ON A PORTION OF TRACT 2, A. BRADFORD SURVEY, A -152 A PORTION OF TRACT 2 S. HUITT SURVEY, A -705, AND TRACT 1B, S. HUITT SURVEY, A -705 Mayor Samuels opened the public hearing on Zoning Case No. 323, and stated the Council would hear from the proponents first and then any opponents. Mayor Samuels recognized Mr. Steve Crim. Mr. Crim, Vice President of L & N Land Development Company, stated they have two projects started in the eastern portion of Euless. He stated they are Midway Square, that extends from Airport Freeway to Harwood Road, and Woodcreek Addition, east of North Euless Main Street. Mr. Crim stated the developer of Midway Square has acquired four and one -half acres adjacent to Midway Square that is presently zoned "PD" Planned Development, and they are proposing rezoning this tract to "1 -1" Light Industrial for office /showroom sites. He stated they are proposing rezoning nine acres south of Blessing Branch from "R -5" Multi - Family Dwelling 4 (Paae Four. Regular Meeting, Euless City Council . November I1, 1980) District to "C -1" Neighborhood Business District for office /showrooms, and approximately five acres north of Blessing Branch from "L -1" Limited Industrial District to "R -5" Multi - Family Dwelling District for an apartment complex. He stated they have the portion zoned multi - family under contract at this time. Mayor Samuels inquired if there were any other proponents. There being one, he inquired if there were any opponents. There being none, he declared the public hearing closed. Mr. Walker moved to concur with the re= commendation of the Planning and Zoning Commission and approve first reading of an ordinance rezoning a portion of Tract 2, A. Bradford Survey, a portion of Tract 2, S. Huitt Survey, and Tract 1B, S. Huitt Survey, from "L -1" Limited Industrial District to "R_5ii Multi - Family Dwelling District; "R -5" Multi - Family Dwelling District to "C -1" Neighborhood Business District; and "PD" Planned Development to "1 -1" Light Industrial District, Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin and Sternfels Nays: None carried. Mayor Samuels declared the motion VI. PUBLIC HEARING - ZONING CASE NO. 324 - REQUEST OF CITY CF EULESS FOR CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT TO "PD" PLANNED DEVELOPMENT WITH A NEW DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A FIRE STATION ON LOTS 9R AND 10R BLOCK 2, OAKWOOD ACRES ESTATES, AND TO ALLOW CURB CUTS ON NORTH EULESS MAIN STREET ON LOT 1 AND LOTS 3R THROUGH 10R, BLOCK 2, OAKWOOD ACRES ESTATES Mayor Samuels opened the public hearing on Zoning Case No. 324, and stated the Council would hear from the proponents first and then any opponents. Mayor Samuels recongized Mr. Kent Flynn, Director of Planning and Development. Mr. Flynn, representing the City Manager and the City of Euless, stated this rezoning is for a much needed fire station in the northern portion of Euless. He stated the area is located in Oakwood Acres Estates, adjacent to the overhead water tower. He stated the second item of the rezoning concerns a traffic safety matter. He stated when the property was rezoned for Oakwood Acres Estates, one of the stipulations was that there were to be no curb - cuts onto North Euless Main Street. He stated because of the ARCO pipeline easement on several of the lots in this development there is not sufficient parking area in the alley -way behind these houses and the guests have to park along North Euless Main Street, which creates a traffic hazard. He stated the City Manager has recommended that curb cuts be allowed for circular driveways to prevent hazardous parking on North Euless Main Street. (Page Five, Regular Meeting, Euless City Council, November 11, 1980) Mr. Flynn stated the need for a fire station in this area has been discussed for several years. He stated with the growing population surge in Euless, along with the present population, there is not adequate fire protection for this area. Ha stated the American Institute of Insurance Adjusters has recommended that fire stations be located within a radius of three - fourths of a mile in residential areas. Ha located the. site for Fire Station 1 and Fire Station 2. He stated the City has purchased the two lots, subject to acquiring the proper zoning. Ha stated the rezoning request is for a change in development plan. He stated this site was selected because it is in the right location and land is hard to find and the cost of land is escalating. He stated this property was selected because the price is within the City's budget. Mr. Flynn stated the City has designed a building that wi I I be aesthetically pleasing to the surrounding area and there wi I I be a buffer along the north side of the building. Ha reviewed some slides of the proposed building. Mayor Ssmuels inquired if the building would be higher than the houses to the north. Mr. Flynn stated the height of the roof of the proposed fire station is the same as the houses, but the fire station i s on top of a hill. Mr. Pippin inquired the radius of the curvature of the new alleyway. Mr. Flynn stated the turning radius in the alleyway will be the same as is there now. He stated the ingress /egress into the fire station will be thirty -three feet. Mr. Flynn stated the original plan was for the alley to remain at its present location, but at the suggestion of the Planning and Zoning Commission, they have located the fire station further south and will have the ingress /egress from the alleyway between the fire station and the adjacent houses. Mr. Ernest Franke stated he is approximately five hundred feet from the site and he is opposed to the fire station because i t w i l l be constructed in a developed subdivision and the value of the homes w i l l decrease. He stated he is questioning if property can be legally changed after a portion of the property has been developed. Mayor Samuels stated the Council asked the City Manager to obtain several bids on property in the northern area of Euless and these lots were lower priced than any of the other property. Mr. Will Peters inquired if the property for the proposed fire station is adjacent to the overhead water tower. Mr. Flynn stated it is, and the property was purchased subject to rezoning. 5 6 (Page Six, Regular Meeting, Euless City Council, November 11, 1980) Mr. Peters inquired what the City is calling a buffer. Mr Flynn stated the area one hundred feet north of the building, that will be landscaped, will serve as a buffer. Mr. Ed Hertburg inquired the number of calls that are answered in the north part of Euless at this time. Mr Flynn stated he doesn't have that information, but the fire chief is estimating that eight calls with siren will be answered from this location. equipment that will be thousand gallon pumper this location. Mr. Don Perkins inquired the type of used from this location. Mr Sustaire stated the City has a one budgeted and this piece of equipment will be housed at In reply to a quesiton from the audience, Mr. Flynn stated the fire station will be constructed on the lot adjacent to the overhead water tower and the second lot will be used for the ingress /egress for the fire station. I- stated the zoning classification "PD" Planned Development Plan, states that only the plan that is approved by the City Council can be constructed on the property and nothing else can be constructed on the property without additional rezoning. Mr. Franke inquired the area this station will service. Fire Chief John Scott stated the requirement is that stations must be located within a one and one -half mile radius. I- reviewed the procedures for the various station for answering calls and the mutual aid agreement with the neighboring cities. Mayor Samuels inquired if there were any other proponents. There being none, he inquired if there were any opponents. Mr Hal Ferguson, 101 Walnut Way, stated his house is located three hundred feet north of the proposed fire station site. I+ presented a petition representing seventy -seven homeowners in the area. I+ stated he has discussed the construction of a fire station in an established neighborhood with several real estate men, and they have all stated that it will devalue the residential property. I- stated citizens living in Royal Oaks Estates have had an apartment complex constructed across the street from the, which has had a negative effect on their subdivision. I- stated not all the single family lots in Oakwood Acres Estates have been developed, which was in the agreement that was approved wh n Oakwood Acres Estates was rezoned. (Page Seven, Regular Meeting, Euless City Counci 1, November 11, 1980) Mr. Ferguson stated the curb -cuts on North Euless Main Street could be hazardous because the traffic on North Euless Main Street is very heavy. I- stated he would recommend the Council stipulate that the driveways be circular driveways so citizens who use them will not be backing onto North Euless Main Street. Mr Ferguson stated that Ash Lane is a major east /west thoroughfare and there could be a hazard with school children at Lakewood Elementary School. Mr Ferguson stated it is his opinion the fire station should be located further north, as there is more open space and the property has not been developed. 1+ stated he feels that more study should be done before a final decision is made. I- stated he would like for the Council to review the discussion held during the Planning and Zoning Commission meeting. Mr. George Winter, 206 Shelmar, stated that during an election approving bonds for a fire station, it was noted that a fire station would be constructed at Midway Drive and North Euless Main Street. 1+ stated the City is proposing a location on speculation that the northern portion of Euless will develop. I+ stated it is his opinion that a site north of Little Bear Creek would be a better location. Mayor Samuels stated the City is not going to close Fire Station No. 1, as was discussed in the previous bond election. Mr. Sustaire stated the City has bond funds available for the construction of the fire station, provided land can be purchased at a reasonable cost. I+ stated economics is the reason this site is being considered. I- stated when Euless obtains its own insurance key rate, the City could lose percentage points if the fire stations are more than one and one -half miles apart. I- stated the City is updating the water system and the fire department so Euless can get its own insurance key rate. M. Bob Chesbro stated that the present fire stations have been serving the City adequately and this station is being constructed for future development. Mr. Franke stated the City is liable for impact cost and if the City builds a fire station in this location, i t would reduce the value of the homes. I+ stated he wants fire protection, but not in this location. Mr Cribbs stated the petition that was presented does constitute twenty percent of the property owners within two hundred feet of the subject tract, and will require an affirmative vote of three - fourths of the Council on the question of the change in the Planned Development site plan for the fire station, but does not address the curb -cuts. I+ stated the Council can vote on the development plan and the curb -cuts as a unit, or they can divide the request into two motion. 8 (Page Eight, Regular Fleeting, Euless City Council , November 11, 1980) Mrs. Judy Thomes stated she lives adjacent to the property in this zoning case. She stated if the City has funds available for development of a fire station, it seems that they can come up with money to purchase another site. She stated she is opposed to building a fire station at the proposed location. Mayor Samuels stated during this budget year, the City has had to have a tax increase and also cut some city services, so the City is trying to find a location that the City can afford. Mayor Samuels inquired if there were any other opponents. There being none, he declared the public hearing closed. Mr Pippin moved that Zoning Case No. 324 be divided into two items - the consideration of the rryv site plan for the fire station as one item, and the consideration of the curb cuts as item two. Mr. Walker seconded the motion and the vote is as follows: Ayes : Messrs. Pippin, Walker, S ternfel s , and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Pippin moved to table action on the new site plan for the fire station location until the regular meeting on December 9, 1980, to determine the cost effectiveness of the relative cost of making the fire station compatible with the existing residential area, against the additional cost incurred from selecting a different site, if available. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Pippin moved that curb cuts for circular drives be permitted on Lot 1, Block 2, Oakwood Acres Estates, and on Lots 3R through 10R, Block 2, Oakwood Acres Estates. Mr Sternfels seconded the motion. Mr Pippin stated the reason for the circular driveways is to allow additional parking for the lots that have the ARCO easement on them, and since the houses had to be constructed to the back of the lot, they do not have adequate parking space in the alley and guests have to park on North Euless Main Street, which creates a traffic hazard. I- stated he feels that the City has imposed an unreasonable requirement upon these citizens. 9 (Page Nine, Regular Meeting, Euless City Council, November 11, 1980) Mrs. McCormick stated she i s concerned that the homeowners that do not have the area for the circular drive will try to install one and will create a further traffic hazard. Mrs. Judy Thomes stated that the houses on the middle lots do need a circular driveway because they need the extra parking space. There being no further discussion, the vote on Mr. Pippin's motion is as follows: Ayes: Messrs. Pippin, Sternfels, and Mrs. McCormick Nays: None Abstain: Mr. Walker Mayor Samuels declared the motion carried. Mr. Sternfels inquired if the Council could authorize the City Manager to purchase the two lots, and then negotiate, using these two lots to help the City get another location. Mr. Sustaire stated the property is not treab e property because the two lots are too close to the water tower. Mrs. McCormick inquired how much money the City receives fiwn a one cent tax increase. Mr. Sustaire stated with the current rate;. one cent in a d d i t i o n a l taxes w i l l generate $23,000 for the general fund and $6,000 for debt service, per year. Mrs. McCormick stated when the Council completed the budget for 1980 -81 fiscal year, the Council had to increase the taxes and to also reduce services, and in her opinion, $85,000 is something to think about when having to purchase property for a fire station. She stated she t h i n k s the l o c a t i o n being on the crest o f a h i l l wi l l be an advantage to the fire department. She stated the location is near at least two school, near several apartment developments, and in an area where wood shingle roofs are used. She further stated that the fire station will be an attractive building and will be well maintained, and from a safety standpoint, it is needed. She stated that in her opinion, the health and safety of the citizens is something the Council has to consider when they are voting on an issue. She stated she believes that the fire station being in that location will reduce the amount of vandalism in that area. She stated this is not something that is being considered on the spur of the moment, as it has been discussed several different times in previous years. Mr. Sustaire stated this general location was first discussed in 1965, after a study was made, prior to any development in that area, and has been selected each time a study has been made since then. Mayor Samuels stated the rezoning for the fire station will be brought off the table at the City Council meeting on December 9, 1980, 10 (Page Ten, Regular Meeting, Euless City Council , November 11, 1980) VII. ORDINANCE NO. 648 ACCEPTING THE TAX ASSESSOR'S CERTIFICATE Mr. Pippin moved to suspend the requirement of two spearate ordinance readings and approve Ordinance No. 648 on an emergency basis, on first and final reading. Mr. Walker seconded the motion and the vote is as follows: Ayes : Messrs. Pippin, Wd ker , Sternfel s, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VIII. ACCEPTING THE RECAP OF TAX ROLL CHANGES Mrs. McCormick moved to accept the Recap of Tax Roll Changes, as submitted by the Tax Assessor /Collector. Mr Sternfels seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Sternfels, Walker, and Pippin Nays: None DISCUSSION r Mayor Samuels declared the motion carried. IX. THANKS FOR DONATION OF LAND Mrs. McCormick stated she would like the minutes to reflect the donation of a lot in Bell Ranch Terrace Addition by Mrs. Holly Hombuckle. COMMENDATION FOR CITY EMPLOYEES Mrs. McCormick stated there was a letter commending the fire department in the Mid - Cities Daily Nags and she would Like the minutes to reflect the commendation. Mr. Pippin stated he would like the minutes to reflect the letter of commendation received on Officer Jeff Bryan of the police department. (Page Eleven, Regular Meeting, Euless City Council , November 11, 1980) STATUS OF MARLENE DRIVE Mr. Sternfels inquired the status of Marlene Drive. on Marlene Drive. ADJOURNMENT meeting adjourned at 11:00 p.m. ATTEST: /s/ Della Houy City Secretary Mr. Cribbs stated he did not have a report X. There being no further discussion, the APPROVED: /s/ Harold D. Samuels Mayor 11 12