Loading...
HomeMy WebLinkAbout1984-05-22MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL May 22, 1984 CALL TO ORDER A regular meeting of the Euless City Council was called to order at 8:00 p.m., Tuesday, May 22, 1984, in the Council Chambers of the Euless Municipal Building, by Mayor Harold D. Samuels. Counc i lmerrbers present were Mayor Pro -Tern Willie Mae McCormick, Councilman Glenn Walker, Councilman Bob Eden, and Councilman Ron Sternfels. Councilman Pippin was absent from the greeting during Items 1 through 9. Staff Members Present W. M. Sustaire, City Manager Bob McFarland, City Attorney afes Knight, City Engineer Rosemary Gafford, Secretary Visitors George Seagraves Keith Kritzinger, Fox & Jacobs Terry Hubbard Dennis Terke John Bush Jean Marie Williams Gary Cinolto Bob Campbell Peter Staks Chet and Judy Szylowsky Ron Morris Bob Pititt Gary Haecher Ron McFarland and other interested parties INVOCATION The invocation was given by Councilman Bob Eden. APPROVAL OF MINUTES The minutes of the regular meeting on May 8, 1984, were approved as written. 1984 -118 Euless City Council Regular Meeting - May 22, 1984 - Page Two OLD BUSINESS ITEM 1: CONSIDERATION OF SECOND AND FINAL READING OF ORDINANCE NO. 791 Mrs. McCormick moved to approve second and final reading of Ordinance No 791, relating to Zoning Case No, 84 -06 for a change of zoning from "C -1" Neighborhood Business District to "C -2" CoEr nunity Business District, on certain property out of the J. E. Field Survey, A -540. Mr. Walker seconded the motion. Ayes: Mrs. McCormick, Messrs. Walker, Eden Nays: Mr. Sternfels Mayor Samuels declared the motion carried. ITEM 2: CONSIDERATION OF SECOND AND FINAL READING OF ORDINANCE NO. 792 Mr. Walker moved to approve second and final reading of Ordinance no. 792, an omnibus amendment raising the maximum fine for violation of certain city ordinances from $200 to $1,000. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Eden, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 3: PUBLIC HEARING FOR ZONING CASE NO. 84 -07 Mayor Samuels explained the public hearing process and opened the public hearing for Zoning Case No. 84 -07, a request of Western Assets Management, Inc., for a change of zoning from "R -1" Single - family Detached Dwelling District to "C -2" Community Business District, on Tract 3C, 3. Matson Survey, A -1080, one acre of land, located an the northwest corner of West Pipeline Road and Westpark Way. Mr. Arnold Pent, 4900 Circle Ridge, Fort Worth, Texas, representing Western Assets Management, stated the property is being purchased subject to the zoning change. He also stated that the owners find it unsuitable as a single - family residence in that location, since it is adjacent to property currently zoned "C- 1" Neighborhood Business District and "C -2" Community Business District. Mayor Samuels asked if the Council had any questions at this time. Mr. Sternfels asked if the property owners had any plans for the property at the present time. Mr. Pent stated that the owners of the property were presently living there and will continue to live there for a period of time until they determine the best use of the property. 1984 -119 Euless City Council Regular Meeting - May 22, 1984— Page Three Mayor Samuels asked if there were other proponents for the zoning case. There being none, Mayor Samuels asked if there were any opponents to the zoning case. There being none, Mayor Samuels declared the public hearing closed. Mrs. McCormick moved to approve the zoning change, in accordance with the recommendation of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Mrs, McCormick, Messrs. Walker, Eden, Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM 4: PUBLIC HEARING FOR ZONING CASE NO. 84 -08 Mayor Samuels opened the public hearing for Zoning Case No. 84 -08, a request of Brodsky /Olperton Euless joint Venture, for a change of zoning From a Planned Developmnent (Open Space) to "C -2" Community Business District, on a portion of Tract 2, Levi Franklin Survey, A -513, 9.665 acres of land, located west and adjacent to North Main Street, north of Trailwood Addition, and south and adjacent to Mid- Cities Boulevard. Ms. Phyllis Mueller, representing Brodsky /Olperton Euless Joint Venture, the owners, stated that this property is located between North Main Street and proposed Mid- Cities Boulevard. Mid - Cities Boulevard will be one of only three major arterials in the City of Euless, and North Main itself is an arterial street, This intersection will be one of the busiest in the City of Euless. Because of the traffic that will flow past this site, both to the north and the east, it is a logical place for comercial development. Additionally, the property is well buffered from any residential area: to the south and west is Little Bear Creek, a City of Euless open space; to the north is existing "C -2" zoning; and to the east is North Main Street, Mayor Samuels asked if it was planned to retain ownership of the property until time of development. The owners will not ultimately be the developers of the property. Some of the land has already been sold to developers. Mayor Samuels asked if there were any other proponents to the zoning change. Thera being none, Mayor Samuels asked if there were any opponents to the zoning case. There being none, Mayor Samuels asked the Councilrnembers if they had any questions. Mr, Eden asked City Attorney Bob McFarland if the City would have any liability in this case, since a lot of the property is in the flood plane. Mr. McFarland stated that he thought the City would be protected. The property will have to 1984 -120 Euless City Council Regular Meeting - May 22, 1984 - Page Four be improved, so as to bring it out from under the flood plane before any development permits are issued. Mr. McFarland anticipated that is what is proposed to be done with the property, by way of elevation and placing above the flood plane. Until plans are submitted to get out of the flood plane, they are not going to be able to develop the land or obtain a building permit. Mr. Knight stated that the property owners would be required to submit an engineering report showing what is anticipated, and what effect it would have on water surface elevation. Mr. Walker inquired as to whether there would also be information pertaining to flooding of property upstream and downstream. Mr. Knight stated that would be part of the engineering report. Mr. Sustaire commented that the entire development is contingent upon the channelization of Little Bear Creek, which is a long- range plan. Someday that will occur; however, if the property owners themselves want to provide the channelization for the City, that could be done. City funds would not be available for a number of years for that project as it currently appears. Mayor Samuels asked if there were any other questions from the Council€rembers. There being none, he declared the public hearing closed. Mr. Sternfels moved to approve the zoning change, as recommended by the Planning and Zoning Commission. Mrs. McCormick seconded the motion. Ayes: Mr. Sternfels, Mrs. McCormick, Messrs. Eden, Walker Nays: None Mayor Samuels declared the motion carried. NEW BUSINESS ITEM 5: CONSIDERATION OF AN AMENDMENT TO CONSORTIUM AGREEMENTS Mayor Samuels opened for consideration of an amendment to consortium Agreement Nos. 12833 and 12834, Fort Worth Consortium for Employment and Training Programs, extending said agreements from October 1, 1983, to September 30, 1984. Mayor Samuels called upon Councilman Sternfels to explain this agreement to the public, since he was the most familiar with its purpose. Mr. Sternfels stated that CETA is superseded by the Jobs Training Partnership Act. 1984 -121 Euless City Council Regular Meeting - May 22, 1984 - Page Five Mr. Sternfels moved to approve Agreement Nos. 12833 and 12834 to the Fort Worth Consortium for Employment and Training Programs, consisting of the Cities of Fort Worth, Arlington, Haltom City, Euless, and White Settlement, with Agreement. 12834 establishing the City of Fort Worth as the Administrative Unit for the Consortium, thereby extending these agreements until September 30, 1984. Mr. Wacker seconded the motion. Ayes: Messrs. Sternfels, Walker, Eden, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 6: CONSIDERATION OF AN ORDINANCE AMENDING INDUSTRIAL WASTE DISPOSAL Mrs. McCormick Moved to approve first reading of an ordinance amending the industrial waste disposal ordinance for the City of Euless, in compliance with recent Trinity River Authority and Environmental Protection Administration requests to provide for specific industrial wastewater discharge permitting requirements to conform to certain standards established by certain departments of the United States government, and enabling Trinity River Authority to comply with federal grant regulations. Mr. Walker seconded the motion. Ayes: Mrs. McCormick, Messrs. Walker, Eden, Sternfels mss: None Mayor Samuels declared the motion carried. ITEM 7: CONSIDERATION OF A CONTRACT AGREEMENT AMENDMENT Mr. Eden moved to approve a contract agreement amendment regarding a pretreat- ment program for the Central Regional Wastewater System, in compliance with the United States Environmental Protection Agency published rule which establishes mechanisms and procedures for enforcing National Pretreatment Standards con- trolling the introduction of wastes from non - domestic sources into Publicly Owned Treatment Works (POTWs). Mr. Sternfels seconded the motion. Ayes: Messrs. Eden, Sternfels, Walker, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1984 -122 Euless City Council Regular Meeting - May 22, 1984 - Page Six ITEM 8: _ CONSIDERATION OF AN APPOINTMENT• FOR AUDITORS FOR THE CITY OF EULESS Mr. Eden moved to approve the appointment of Arthur Young and Company as auditors for the City of Euless for the year ending September 30, 1984, in accordance with Staff's recommendation. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Sternfels, Mrs. McCormick Nays : None Mayor Samuels declared the motion carried. ITEM 9: AUDIENCE REQUESTED BY JEAN MARIE WILLIAMS Mayor Samuels recognized Ms. Jean Marie Williams, 2901 Lemon Lane, Euless, Texas, who wished to speak in regard to Ordinance No. 505, an ordinance covering fences and obstructions, fees, permits, and regulations of construction. Mr. Gary Cinotto, 2901 Lemon Lane, Euless, Texas, represented Ms. jean Marie Williams, and stated that they do not feel they are in violation of Ordinance No. 505, Section 1, dated March 23, 1976, regarding any obstruction of view, or creating any safety hazards to children, automobiles, or people. Mr. Cinotto stated that he and Ms. Williams were here tonight to ask the City Council to rule as to whether they are in violation of Ordinance No. 505, and if they are in violation, to get a variance of the ordinance, because the fence does not block the view or safety of people. Mr. Cinotto stated that Ms. Williams' neighbors had no complaints about her fence and presented the Council with a petition of neighbors in the block. Ms. Williams stated that if she had known about the ordinance she would never have bought the house and property. She also stated that the property had been surveyed wrong, and the only thing that will sit upon that lot is a long and narrow house. Mayor Samuels asked if the person who installed the fence obtained a City permit for its erection. Ms. Williams stated that a permit was issued. Ms. Williams requested a variance to the ordinance from the Council. Mayor Samuels explained that the City Council could not snake variances to ordinances. Mr. McFarland stated that he assumed the ordinance provision provides that no solid wood fence can be constructed in front of a building on any lot, including a corner lot. A variance might be within the authority of the Zoning Board of Adjustment. The City Council has no authority to grant variances of an ordinance. Mr. McFarland suggested that Ms. Williams leave her information with 1984 -1'-r Euless City Council Regular Meeting - May 22, 1984 - Page Seven the Council, and he will be glad to get with City Staff and review the circumstances, but the City at this time has done what it is required to do. Mr, McFarland suggested further that Ms. Williams appear before the Zoning Board of Adjustment and present her case. Mayor Samuels stated that he assumes the time for citation has run out, or will run out very shortly. Mr. McFarland stated that if the Zoning Board of Adjustment would be available to Ms. Williams, he would reconimtend to the City that they not take enforcement action pending that application, ITEM 10: CONSIDERATION OF CALLING A PUBLIC HEARING FOR ZONING CASE NO. 84 -09 Mr. Eden moved to call a public hearing on June 12, 1984, for Zoning Case No. 84- 09, a request of the City of Euless for a change of zoning on a portion of Tract 3K, A. J. Uuitt Survey, A -709, and Lot 3, Alexander -- Cullum Addition, 1.2 acres of land, from "R -1" Single - family Detached Dwelling District to "C -2" Co uunity Business District, located south of SH 183, north of Alexander Lane, east of Cullum Drive, and west of Milligan Drive. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, Sternfels, Mrs. McCoririck Nays: None Mayor Samuels declared the motion carried. ITEM 11: CONSIDERATION OF CALLING A PUBLIC HEARING FOR ZONING CASE NO. 84 -10 Mr. Eden moved to call a public hearing on June 12, 1984, for Zoning Case No. 84- 10, a request of William Snyder for a change of zoning on Tracts 6G, 6C1 and 6C2 and a portion of Tracts 6E, 6F and 66, S. Huitt Survey, A-705, 12.8 acres of land, from "R -1" Single - family Detached Dwelling District and "C -2" Community Business District to "PD" Planned Development for Patio Homes, on the southern portion and attached condos on the northern portion, located north of Woodcreek Addition, east of North Main Street, and south of Harwood Road. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1984 -124 Euless City Council Regular Meeting - May 22, 1984 - Page Eight ITEM 12: CONSIDERATION OF PLATTING NO P- 84-30 of HARWOOD CROSSING Mrs, McCormick moved to approve preliminary platting of Harwood Crossing, located on the southeast corner of North Main Street and Harwood Road, in accordance with the recommendation of the Planning and Zoning Commission. Mr, 'Walker~ seconded the motion. Ayes: Mrs. McCormick, Messrs. 'Walker, Pippin, Sternfels ys: None Mayor Samuels declared the motion carried. (Secretary's note: Mr. Eden stepped down during consideration of this item.) ITEM 13: CONSIDERATION OF PLATTING NO. P -84 -31 FITZGERALD ADDITION Mr. Walker moved to approve final platting of Lot 1, Block 1, Fitzgerald Addition, located west and adjacent to North Main Steet, south of Midway Drive, and east of Nunes Drive, in accordance with the recommendation of the Planning and Zoning Commission. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Pippin, Eden, Mrs. McCormick Sys: None Mayor Samuels declared the motion carried. ITEM 14: CONSIDERATION OF SITE DEVELOPMENT PLAN AND PLATTING NO, P -84 -32 Mr. Eden moved to approve the site development plan and final platting on Lots 4 and 5, Block 9, Villages of Bear Creek - First Installment, located north and adjacent to Harwood Road, east and adjacent to Fuller-Wiser Road, and west and adjacent to Bear Creek Parkway, with the stipulation that the typographical error in the site plan he corrected and resubmitted, and in accordance with the recommendation of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Messrs Eden, Walker, Pippin, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried, 1984 -125 Euless City Council Regular Meeting - May 22, 1984 - Page Nine ITEM 15: CONSIDERATION OF SITE DEVELOPMENT PLAN AND PLATTING NO, P -84 -33 Mr. St ernfels moved to approve the site development plan and platting for Lot 3, Block 6, Villages of Bear Creek - First Installment, located north and adjacent to Ash Lane, west and adjacent to Bear Creek Parkway, and east of Village Drive, with the stipulation that total brick be 74 percent as an average, plus or minus one percent, with a minimum of 65 percent masonry on any one elevation, contingent upon the receipt of the necessary letter of compliance from the Villages of Bear Creek Architectural Control Committee, and in accordance with the recommendations of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Messrs. Sternfels, Walker, Pippin, Eden !days: Mrs. McCormick Mayor Samuels declared the motion carried, ITEM 16: CONSIDERATION OF SITE DEVELOPMENT PLAN AND PLATTING NO. P -84 -34 Mrs. McCormick moved to approve the site development plan and final platting of Lot 3, Block 9, Villages of Bear Creek - First installment, located south and adjacent to Ash Lane, west and adjacent. to Bear Creek Parkway, and east of Fuller -Wiser Road, with the stipulation that the average masonry be 74 percent, plus or minus one percent, with a minimum of 65 percent masonry on any one elevation, contingent upon the receipt of the necessary letter of compliance from the Villages of Bear Creek Architectural Control Committee, and in accordance with the recommendations of the Planning and Zoning Conudssion. Mr. Pippin seconded the notion. Ayes: Mrs. McCormick, Messrs. Pippin, Eden, Walker, Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM 17: CONSIDERATION OF PLATTING NO. P -84 -35 WESTPARK CENTRAL ADDITION Mr. Eden moved to approve replatting of Tract 2R, Westpark Central Addition, into Lots 2AR and 2E1R, Westpart Central Addition, located east and adjacent to Westpark Way, and south and adjacent to Huffman Road, in accordance with the recommendation of the Planning and Zoning Department. Mr. Sternfels seconded the motion. Ayes: Messrs. Eden, Sternfels, Pippin, Walker, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1984 -126 Euless City Council Regular Meeting - May 22, 1984 - Page Ten ITEM 18: CITY ATTORNEY'S REPORT Mr. McFarland stated he had nothing further to report. ITEM 19: CITY ENGINEER'S REPORT A. City Engineer James Knight reported that progress is being made on the elevated storage tank. The column on the storage tank was started last week, and a great deal of material was delivered yesterday. B. Contractors have started installation of standards that hold the traffic signal heads r on the lights for the traffic signal light at Midway and Highway 157. C. Mr. Knight stated that Mexican brick will not be accepted by the City, and the Villages of Bear Creek Architectural Control Committee has not approved the use of Mexican brick. The Villages of Bear Creek Architectural Control Committee is chaired by the president of the Home Owner's Association, Judy Ferris of the Community Management Associates, who are funded by the builders. ADJOURNMENT There being no further business before the City Council, the meeting was adjourned at 10:25 p.m. APPROVED: ATTEST: Samuels, ayor