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HomeMy WebLinkAbout1982-04-131INUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL ON APRIL 13. 1982 CALL TO ORDER 1982 -06,5 A regular meeting of the Euless City Council was called to order at 8:15 P.M., Tuesday, April 13, 1982, in the Council Chambers of the Euless Municipal Isa;.ii ing, by Mayor Harald D..Samue s. Councilmernbers present were Mayor Pro Terri Willie 4c . orn ick, and Councilmen Glenn Walker, Ron Sternfels, and Bob Eden, Councilman Robert Pippin was absent. Staff Members Present W, M, .Sustaire, City Manager Kent Flynn, Director of Planning and Development INVOCATION Bob McFarland, City Attorney Kay Rainey, City Secretary Visitors Mr. and Mrs, Ralph Good Curtis McCaffity Bud< Hubbard Al Sankar v Rick Barnes Mike Patterson John .Lynch, IV The invocation was given by Councilman Bob Eden. APPROVAL OF MINUTES The minutes of the regular meeting of March 23, 1982, were approved as written. 1982-066 Euless City Council 'Regular Meeting -• April 13, 1982 - Page Two ITEM I: CONSIDERATION OF TARRANT COUNTY WASTE DISPOSAL RATE INCREASE REQUEST Mayor Samuels announced the results of the April 3rd referendum inquiring whether citizens preferred the use of plastic bags or trash cans for their pickup service. Mr. Eden asked Mr. Buck Hubbard if Tarrant County Waste Disposal had reviewed the specifications presented to there earlier regarding a waste disposal contract, Mr. Hubbard replied that he had but Mr. McCaffity had not yet reviewed them; however, he felt that overall there was no problem with the specifications. Mr. Eden stated that he was concerned with people who want to use plastic bags only being penalized for those people who wish to use trash cans. Mr. Walker also was concerned with this aspect of the rate increase. Mr, Walker moved to grant a rate increase request of fifty cents for residential customers and the twenty-two percent increase to commercial customers, and the company sign a new contract prepared by the City Manager and City Attorney. Mr. Hubbard stated that the company would not be able to continue to maintain the three large dumpsters placed in the City for citizen use with just a fifty -cent increase. He discussed problems encountered with these dumpsters, such as overflow, abuse, etc. Mr. Sternfels asked if the company could continue the service with a seventy-five cent increase. Mr. Hubbard stated that he believed they could; at least they could give it a try. Mr. Eden seconded Mr. Walker's motion. Mr. Sternfels moved to amend the motion to a seventy -five cent increase to residential customers, a twenty -two percent increase to commercial customers, with the company signing a new contract and continuing the three dumpsters as it is now doing; with the additional provision that if the dur£ipster service is discontinued, the residential rate increase would automatically revert to a fifty-cent increase. Mrs. !MIcCornick seconded the motion. The vote on Mr. Sternfel's amendment to Mr, Walker's motion follows: Ayes: Mr. Sternfels, Mrs. McCormick, and Mr. Eden Nays: Mr. Walker Mayor Samuels declared the motion carried. 1982 -O67 Euless City Council Regular Meeting - April 13, 1982 - Page Three The vote on Mr. Walker's original motion, amended, follows: Ayes: Mr. Eden, Mrs. McCormick, and Mr. Sternfels day s Mr, Walker Mayor Samuels declared the motion carried. ITEM II: CONSIDERATION OF CALLING A PI BLfC HEARING Mr, I:7;den.. moved to call a .Public Hearing on May 11, 1982, for Texas Power and Light Company's fuel cost adjustment factor. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Sternfels, and Mrs.McCormick Nays: None Mayor Samuels declared the motion carried. City Attorney Bob McFarland explained that this procedure was brought about by the court ruling that any time a rate change was implemented, even for the fuel. costs, then Texas Power and Light Company had to go through the. same procedures they did when applying for a rate increase. The matter was being appealed to the Supreme Court, but had not been heard yet. In the meantime, cities rnu.st go through the sarne motions as if a rate increase were being reouested. ITEM 111: CONSIDERATION OF THE OFFICIAL ELECTION RESULTS OF THE APRIL .3RD ELECTION Mr. Eden moved that the official election results as submitted by the Election Judges be accepted and certified as correct. w }rs. McCormick seconded the motion. Ayes: Mr. Eden, Mrs. McCormick, and Messrs. Walker and Sternfels Nays: None Mayor Samuels declared the motion carried. 3.CJ:i -GAO Euless City Council Regular Meeting -- April 13, 1982 •- Page Four ITEM 1V: OATH OF OFFICE FOR COUNCIL MEMBERS City Attorney Bob McFarland administered the oath of office to Couriciifrie fibers Glenn D. try alker and lion Sternfels, as follows; '`l (Glenn D. Walker /Ron Sternfels) do soleri-3rily swear (or affirm), that 1 will faithfully execute the duties of the office of City Council Place (Three/Five) in the City of Euless, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and . furthermore solemnly swear for affirm), that 1 have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as reward for the giving or withholding a vote at the election at which I was elected. So help neGosh" ITEM V%: CONSIDERATION OF RESIGNATION OF BOARD MEMBERS Mrs, McCormick moved to approve the resignations of three board members; Fran Powers (Council for Social Concerns), Peggy Waller (Library Board), and Sherr, L. Kachel (.Parks and Recreation Board). Mr. Sternfels seconded the motion. Ayes: Mrs, McCormick, Messrs. Sternfels, Walker, and Eden Nays: None Mayor Samuels declared the motion carried. Mrs. McCormick stated that Fran Powers had served on the Council for Social Concerns since 1975 and had done an outstanding job, and is to be commended for her work, ITEM VI: CONSIDERATION OF RESOLUTION NO. 82-524 Mr. Eden moved to approve Resolution No. 82 -524, authorizing the City of Euless to seek financial assistance from the Texas Criminal Justice Division for automating the Euless Police Department Criminal justice Information Svstern. Mr. Walker seconded the motion, Ayes: Messrs. Eden, Walker, and Sternfels Nay— None Mayor Samuels declared the notion carried. (City Secretary's Notation: Mrs. McCormick was absent from the rood; during voting.) 1982-069 Euless City Council Regular Meeting - Apri1 13, .1982 - Page Five ITEM VII: CONSIDERATION OF RESOLUTION NO, 82-525 Mr. Eden moved to approve Resolution No. 82-525, authorizing inclusion of the City of Euless within the "eligible loan area" in connection with Tarrant County Housing Finance Corporation Single Family Mortgage Revenue Bonds Rehabilitation Loan Program, Series 1982. Mr. Sternfels seconded the motion. Ayes: Messrs. Eden, Sternfels, and 'Walker, and Mrs. McCormick Nals: None Mayor Samuels declared the notion carried. ITEM VIII: CONSIDERATION OF ORDINANCE NO. 700 Mr. Sternfels moved to approve Ordinance No. 700 to provide minimum off-street parking for athletic game court and commercial athletic recreational sports areas o buildings. Mr. Walker seconded the motion. Ayes: Messrs, Sternfels, Walker, Eden, and Mrs.McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Sternfels moved to rescind the previous motion to approve Ordinance No. 700. Mr. Walker seconded the motion. Ayes: Messrs. Sternfels, Walker, Eden, and Mrs. McCormick Nays: None tvlayor Samuels declared the motion carried. Mr. Sternfels moved to approve Ordinance No 700 on first reading, declaring an emergency and that this ordinance is necessary for the immediate preservation of the public peace, property, health, and safety. Mr. Walker seconded the motion. Ayes: 1Messrs, Sternfels, Walker, Eden, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1 982 -07 0 Euless City Council Regular Meeting - April 13, 1982 - Page Six ITEM IX; CONSIDERATION OF C.ALL1NG PUBLIC HEARINGS Mr. Walker moved to call Public Hearings as follows: May 11, 1982, for Zoning Case No. 363, a request of Wyatt `laughter for a change of zoning from "C-2" Commercial Business District to "C -2" Commercial Business District with "SP" .Specific Use Permit for Commercial Amusements with Bar on Tracts B and C and a portion of Tract A, Wilshire Village Shopping Center, located east of Wilshire Drive, south of Sagebrush Trail, and north of West Euless Boulevard; on May 25, 1982, for Zoning Case No. 364, a request of David Bagwell for a change of zoning from "R -2" Two - Family Dwelling District to "P1)" Planned Development for Single Family Attached Dwellings with Variable Yards and Building Standards on Lots 6-16 and 17 -20 of Block 2 and Lots 1 -8, Block 6, Woodlands Addition, located north of Ash Lane, east of North Main Street, and west of Fuller -Wiser Road; and on May 25, 1982, for Zoning Case No. 365, a request of Ralph Good for a change of zoning from "C -1" Neighborhood Business District to "R -2" Two - Family Dv%eil.ing District on Lots 12 -16, Block 16, Cedar Hills Estates, located east of Cannon, north of South Pipeline Road, and west of South Main Street. Mr. Eden seconded the motion. Ayes: Messrs. Walker, Eden, and Ster.nfe.is, and Mrs. McCormick Nays: None Mayor Samuels declared the notion carried. ITEM X: PUBLIC HEARING FOR ZONING CASE NO. 360 Mayor Samuels explained the Public Hearing process to those in attendance, and opened the Public Hearing for Zoning Case No. 360. Mr, Al Sankary appeared as a proponent for the zoning case and announced that he was withdrawing his request for a change of zoning. He had decided to stay with the commercial zoning already on the property and build a restaurant with a private club upstairs. Mayor Samuels declared the Public Hearing closed. 1982-071 Euless City Council Regular Meeting -- April 13, 1982 - Page Seven ITEM XI; PUBLIC HEARING FOR ZONING CASE NO. 362 The Council then proceeded to Agenda Item IX, a Public Hearing for Zoning Case No. 362. After recognition, Councilman Bob Eden announced that he had an interest i i Zoning Case No. 362, which could be considered a conflict and announced that he would withdraw from Council consideration of such matter, and removed himself from the Coujnci! table. (Councilman Eden now absent.) Mayor Samuels opened the Public Hearing for Zoning Case No. 362, and recognized Mr. John Lynch, PI, as a proponent for the zoning case, John Lynch, 400 Canyon .Ridge, Euless, presented the zoning change request for the construction of twenty -six single family attached dwelling units with variable yards and building standards. The property involved consisted of f4,2 acres of land, out of an eleven-acre tract. The developer planned to build single family housing on large lots on the remainder of this eleven -acre tract. The total proposed density would be 3.5 units per acre. The section of the property in the middle, which is not designated for rezoning, is owned and occupied by Mrs. Annie Fuller, who had decided to remain at her present location. Mr. Lynch stated that the dwellings were designed to make the best use of the property and two single family dwellings would be without the ten -foot side:yard requirement. Mr. Lynch further informed the Council that Mr. Mike Patterson, President of Sandy Creek Development Corporation, will be the developer of the project. Mr, Rick Barnes conceived the project and provided planning. The .i e c °c� :t a.r� .t s. o, -iced the plannir tr act presented several design problems sucl"i as drainage, surrounded by development, a creek running through the tract creating a loss of land use, and the width too wide for one street and too narrow for two streets. Overall, the final design of the project makes the hest use of the .land, with the lowest density possible, and has taken two years to develop the con.tigur 3.tions and yield. lr, Lynch distributed photographs of the property to the City Council for their review. Mr. Lynch explained that the largest portion of trees around the creek, along the east edge of the zoning area. being discussed at this time provides a buffer between the single family atta.ched dwellings and the tracts to the east of the creek which will be developed as large single family lots. 19$2 -072 Euless City Council Regular Meeting -- April 13, 1982 W Page Eight Mr. Sternfels asked if the length of the cul -de- -sac was in compliance with fire standard requirements. Kent Flynn stated the length is in compliance with the subdivision ordinance but not the fire code, due to a discrepancy between the two documents. err. Flynn referred the Council to the memos regarding this situation. Mr. Lynch explained why the cul -de -sac was designed as it was, with the limitations involved. Mr. Wacker asked what would happen, regarding to maintenance, to the creek when the rest of the land was developed. Mr. Lynch stated that the creek was intended to remain in A natural state. it could be sold on the property of one owner, with a perpetual maintenance agreement, or could be donated to the City as park land. The intent is to build eighteen to nineteen hundred square foot lots for larger homes just east of the creek, and make it a fairly exclusive area. Mayor Samuels announced a ten -- minute recess; therefore, the meeting was recessed from 9:25 P.M, to 9:35 P.M., after which the meeting was continued. Mayor Samuels asked John Lynch what would be developed on the approximate acre at the south section of the property. Mr. Lynch answered that according to the City Master Plan the area would be developed as a. city park. There are two acres suitable to build on, but there may be bridge maintenance problems. Mayor Samuels asked Mr. Lynch if he would be willing to commit to donating one acre to the city park. Mr. Lynch stated that he would. Mayor Samuels asked if there were any other proponents for the zoning case. There being none, he asked if there were any opponents to the zoning case. There being none, he asked if there were any questions or discussion of the Council. There being none, he declared the Public Hearing closed. Mrs. McCo rrnick moved to approve Zoning Case No. 362, for the. change of zoning from "R -1." Single Family Dwelling District to "1'D" Planned Develop- ment for Single Family Attached and Townhorne Dwellings with Variable Yards and .Building Standards on the western portion of Tract 3H, A.j.Huitt Survey, A- 709, in accordance with the provisions as specified on the development plans. Mr. Walker seconded the motion. Ayes: Mrs. McCormick, Mr. Walker, and Mr. Sternfels Nays: None Ma'n'or Samuels declared the motion carried. Councilman Bob Eden returned to the Council table. 1982-073 Euless City Council Regular Meeting - April 13, 1982 - Page Nine ITEM XII: CONSIDERATION OF ORDINANCE NO. 701 Mr. McFarland explained that Ordinance No. 701 was to impose a two- percent gross sales receipt tax on the conduct of bingo games within the City of Euless. The State Legislature had provided for this option for cities, and he recommended the ordinance be passed on an emergency basis due to the legai time requirements of the Texas Bingo Enabling Act. Mrs. McCormick moved to approve Ordinance No. 701 on an emergency basis, declaring that it was necessary for the immediate preservation of the public: peace, property, health, and safety. Mr. Walker seconded the motion. Ayes: Mrs. McCormick, Messrs Walker, Eden, and Sternfels None Mayor Samuels declared the motion carried. ITEM XIII: CITY ATTORNEY'S REPORT Mr. McFarland stated he had nothing to report. ITEM XIV: CITY ENGINEER'S REPORT Mr. Sustaire stated there would be no City Engineer's Report due to the absence of City Engineer :lames Knight Mr. Knight was participating in a Chamber of Commerce event in the City of Lewisville. ADJOURNMENT There being no further business before the City Council, the meeting was adjourned at 9:47 P.M. ATTEST: , Ray, ./I-Yt,y, ecre tar y 'es APPROVED: 6-- artli. 1). Samuels, iN(layor