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Home My WebLink About1982-04-27MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL ON APRIL 27, 1982 CALL TO ORDER i982-075 A regular meeting of the Euless City Council was called to order at 8 :12 P.M., Tuesday, April 27, 1982, in the Council Chambers of the Euless Municipal Building, by Mayor Harold D. San - e.is. Counci.irnernbers present were Mayor Pro Tem Willie Mae McCormick, and Councilmen Robert Pippin, Bob Eden, Glenn Walker, and Ron Sternfels. Staff Members Present W. M. Sustaire, City Manager Bob McFarland, City Attorney, .lames Knight, City Engineer Kay Rainey, City Secretary Visitors Rick Barnes Gabor Sztamenits Mike Patterson 3irn Harris Jim Dunaway INVOC ATION The invocation was given by Councilman Robert Pippin. 1982-076 Euless City Council Regular Meeting -- April 27, 1982 - Page Two ITEM E SECOND AND FINAL READING OF ORDINANCE NO. 701 Mr. Eden moved to approve second and final reading of Ordinance No. 701, _t i impose a gross receipts tax on the conduct of bingo games within the City of Euless, Mr. Pippin seconded the motion. Ayes: Messrs. Eden, Pippin Walker, and Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM. 11.: SECOND? AND FINAL READING OF OR.D1NANCE NO, 702 Mr. Eden removed himself front the Council table during consideration of this item. Mr. Walker moved to approve second and final reading of Ordinance No. 702, regarding aiming Case No. 362, for a change of zoning from "R -1" Single Family Dwelling District to "PD" Planned Development for Single Family Attached and Townhome Dwellings with Variable Yards and Building Standards on certain property out of the A. J. Huitt Surrey-. Mrs. McCorrn.ick seconded the motion. Ayes: Mr. 'Walker, Mrs. McCormick, and Messrs. Pippin and Sternfels Nays: None Mayor Samuels declared the motion carried, Mr. Eden returned to the Council table. ITEM 111: OATH OF OFFICE FOR COUNCILMAN ROBERT PIPPIN City Attorney Bob McFarland administered the Oath of Office to Robert Pippin as follows: "1, Robert M, Pippin, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of City Council Place One for 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 I furthermore solemnly swear (or affirm), that .I 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 a reward for the giving or withholding a vote at the election at which I was elected. So help me God." 1982-077 Euless City Council Regular Meeting - April 27, 1982 - Page Three ITEM IV: CONSIDERATION OF ADOPTING FEES FOR EULESS CITY DEPARTMENTS Mr. Sternfels moved to approve the City .tees presented .by the City Departments. Mrs. McCormick seconded the motion. :yes Mr. Sternfels, Mrs. McCormick, and Messrs. Walker Eden, and Pippin Nays: None Mayor Samuels declared the motion carried. ITEM V: CONSIDERATION OF FINAL. PLAT OF NORTH GLADE ADDITION Mrs. McCormick moved to approve the final plat of North Glade Addition in accordance , i.th the recommendations of the Planning and Zoning Corn mission. Mr. Walker seconded the motion. Ayes; Mrs. McCormick, and Messrs. Walker, Eden, Pippin, and Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM VI: PUBLIC HEARING ON ZONING CASE NO. 361 Mayor Samuels explained the Public Hearing process and opened the Public Hearing for Zoning Case No. 361. Mr. Gabor Sztamenits, 1400 West Euless Boulevard, Euless, spoke as the proponent for Zoning Case No. 361. He stated that he was the owner of the property and was the petitioner for the change of zoning, He explained that he had purchased the property with the idea in mind to sell the property for a profit. Due to the economy, he had been unable to sell the location and was forced to utilize it as best he could, He had established a business for selling heavy trucks and equipment, and had been operating for several months now. He had made a request for a zoning change after learning that he did not have the proper zoning for this type of business operation. He explained the type of businesses at the adjacent properties, and requested this zoning change. 1982-078 Euless City Council Regular Meeting - April 27, 1982 -- Page Four {r. Sternfels asked if the trucks located on the property were empty. Mr. Sztamenits answered that they were empty. Mrs. McCormick asked how many vehicles and pieces of equipment would be the maximum; number on the lot at a givers time Mr. Sztamenits answered that twenty ,:would be the maximum. Mrs. McCormick stated that today she counted thirty - seven, and asked if he would consider setting a limit on the nurnber, Mr. Sztamenits answered that he could not set a limit due to the equipment corning and going. Mr. Pippin asked if the majority of the sales were non- retail, or wholesale. Mr. Sztamenits replied that the majority is wholesale, with occasional retail sales. Mr. McFarland asked Mr. Sztamenits if he could use a temporary zoning time period of say, six month:. Mr. Sztarnenits stated this would not be enough time; that he would need at least twenty -four months, and that he believed he should he able to use his property as best he can to generate the income to n-iake the payments. Mrs. McCormick stated that she wished there could be a limit on the number of trucks. She noted that two or three months ago when the Planning and Zoning Commission was looking at the case, the lot looked nice, but now it is overloaded and looks bad. Mr. Pippin stated he was concerned with the downgrading of the Wilshire area if this property and other area properties are allowed to exist in a condition which is not compatible with the area Mr. Sternfels stated that he could see three Yrohierns with the use of the property in that fashion: (1) having an "industrial" usage in a commercial area without some type of screening fence, which in this case would have to be extra high due to the height of the equipment; (2) the parking lot being physically unable to hold this type of heavy equipment; and (3) using the property in this manner without the use of a specific use permit. Mayor Samuels asked Mr. Sztarnenits if he had considered selling cars at the location. Mr. Sztamenits answered that he had considered selling special interest vehicles, utilizing a showroom in the building, Mr. Walker asked Mr. Sztarnenits if it would help him out if the Council granted the specific use permit zoning to include that he repair the parking lot within ninety days, the taxes brought up to date, all repairs to equipment be made inside, no trucks, and a maximum of fifty cars. Mr. Sztamenits stated this would not help hire. 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. 1982-079 Euless City Council Regular Meeting -- April 27, 1982 - Page Five Mr. Eden moved to approve the zoning case with the specific use permit for one year. After a period of time, Mayor Samuels asked if anyone wanted to second the motion. There was no response, Mayor Samuels declared the motion dead for lack of a second. Mr. Pippin stated that this zoning case was requesting the use of a wholesale business in a retail area that would not support the adjacent shopping center, and he felt the use would not be conducive to selling the building, and if approved, would contribute to the continued hurt of the shopping center. Also, the continued use of the property as it is now being utilized is causing damage to the parking lot. Mrs. McCormick stated that she hated to see the request turned down, but could not agree with no limit on the number of trucks to be on the lot. Mr. Pippin said he would like to see a couple of truck parking i.ots to solve the problem of commercial trucks parking in such areas. Mr. Sternfels remarked that he was concerned with providing proper screening, the condition of she parking lot, and the time period of the permit since Mr. Sztarnenits had been E operating for the past four months. Mr. Walker moved to deny the request for rezoning in accordance with the recommendations of the Planning and Zoning Commission, and in consider- ation of the discussion had at this Public Hearing. Mr. Sternfels seconded the notion. Ayes: Messrs. Walker, Sternfels, Pippin and Mrs. McCormick Nays: Mr. Eden Manor Samuels declared the motion carried. City Attorney Bob McFarland advised Mr. Sztamenitz that he must nays remedy the situation at the property and remove the present equipment from the location. Mr. McFarland asked Mr. Sztamenits to meet with Mr. Sustaire and grange for a timely removal of this equipment. The City Attorney further stated that he was alerting both Mr. Sztamenits and his attorney, Mr. Miteff. that the violations for which he had been previously cited would now come before the Municipal Court and some action would be taken. He assured Mr. Sztamenits that the City would work with him on this and would he cooperative if he would allow thern. [uless City Council Regular Meeting - April �7, 1982 - Page Six ITEM II: M E N T S 1982 -080 CONSIDERATION OF BID AWARD ON WATER T LITY iMPRO E- The following bids were received on Monday, April 19, 1982, at 2:00 P.M. for construction of water utility improvements along FM 157 from Harwood Road to Glade Road ar:d on Cheek Sparger r from ' s Glade 1~4 ger _woad .frc. r� Cr�:3dr.• Road south to the City Limit .Lime and east on FM 157. BIDDER CLASS 200 PIPE CLASS 150 PIPE .t) Oscar Renda Construction, Inc. 2) Turner Construction 3J Regional Utilities Company 4) Steed, Inc. 5) Atkins Brothers Equipment 6) Ben Sira and Company 7) Mid Cities Construction Company 8) Bar Constructors, Inc. 9) Reedy Construction Company 10) Crawford Utility Construction $481,420.00 $502,162. 00 $524,585.00 $525,085.00 $527,131.50 $.538,000.00 $539,725.00 .Ci $552,977.00 tY a Bid' No Bid $447,520. $462,c792.00 No Bid $470,085. 00 $485,00:1.50 $482,555.00 $490,075.10 $511,816.00 $467,813.50 $553,257,00 Mr. Eden moved to approve the Staff's recommendation to accept the low bidder, Oscar Renda Construction, Inc., at a hid price of S, ` 81,420.00. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, and Stern-leis, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried, ITE:V VIII: CITY .ATTORNEY'S REPORT Mr. McFarland stated he had nothing to report. ITEM IX: CITY ENGINEER'S REPORT Mr. Knight reported that the City Inspection Department had successfully accomplished the removal of ten to twelve dilapidated buildings, These were completed with cooperation of the property owners, rather than through legal procedures. 1982-081 Euless City Council Regular Meeting - ,April 27, I9S2 Page Seven ADjOURNMENT There being no further business before the City Council, the meeting was adjourned at 924 P.M. APPROVED: Fla old D. Samuels, Mayor ATTEST: / Kay. , City ctttary /