Loading...
HomeMy WebLinkAbout1985-01-08MINUTES OF A REGULAR MEETING OF THE EuLE5S CITY COUNCIL JANUARY 8, 185 CALL TO ORDER 1985 -004 A regular meeting or the Euless City Council was called to order at 8 :06 p,m., Tuesday, January 8, 1985, in the Council Chambers of the Euless Municipal Building, by Mayor Harold D. Samuels. Counciimembers present were Mayor Pro Tem Willie Mae McCormick, and Councilmen Glenn Walker, Ron Sternfels, and Robert Pippin. Councilman Bob Eden was absent., Staff Members Present W. M. Sustaire, City Manager James Cribbs, City Attorney Tom Hart, Assistant City Manager • Kay Rainey, City- Secretary James Knight, City Engineer & Director of Public Works McKanna, Project Engineer . Visitors Walter A. Elliott Henry Doatright Suz.ie Magill .Rusty Long Charles Thornton Darrell Lake Donald Phillips and other interested parties INVOCATION The invocation was given by Mayor Harold D. Samuels. APPROVAL OF MINUTES the minutes of the regular meeting on December .11, 1984, were approved as written. l9O5-OO5 Euless City Council Regular Meeting - January 8, 1985 - Page Two OLD BUSINESS ITEM 1: FURTHER CONSIDERATION OF PLATTING NO, P-84-57 Mrs. McCormick moved to approve Platting No, P-84-57, combined pre- liminary and final plat of Lot 3, Block 1, and Lot 4, Block 2 Porkview Addition, located west and adjacent to MnnLpark Way, east and adjacent to Euless/Bedford City Limits, and north of Westpark Way Estates, as recommended by petitioner. Mr. Walker seconded the motion. Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Storn[olo Nays: None Mayor Samuels declared the motion carried. Hr. Pippin adviaed W1.1.1 lam E. Cothrum that he appreciated the cooperative spirit and their interest in the successful development of Euless, Hr. CoLhrum stated that he thanked the City' and his firm appreciated all the cooperation from the City [uuncil and Staff members, and looked forward.. to working with the City of Euless in the future. Mr. Cothrum advised that he had filed o corrected copy of his January 4, 1985 letter with the City Secretary, which outlined their agreements with the City of Euless regarding .this plat. Mayor Samuels stated that the City' of Euless was lnukino forward to the improvements that would be developing in that area. ITEM 2: PRESENTATION BY THE ADVISORY BOARD FOR SOCIAL CONCERNS Henry 8outright, Chairman, Advisory Board for Social Concerns, presented u recommendation concerning passing of a local ordinance to combat the sale of pornography literature to miourn. He reviewed previous activity in this regard, which was taken on February 29, 1984, and March 30, 1984. The next step requested was for the City Council to consider adopting a local ordinance regarding this matter. Mr. Boatriyht supplied infor- mation to the City Council and City Attorney outlining the Texaa Penal Code, Section 43.21r City of Dallas, Code Section 31-24, 31-2U, 31-26, 31-29, 46-12.3, and 46-13` and a letter discussing the issue written by Susan Lee Holler, Attorney at Law, Dallas, Texas. Mr. 8nntright stated that he would hope that the City Council and City Attorney would review the materials and consider adopting some sort of similar ordinance for the City or Euless. 1985-006 Euless City Council Regular Meeting - January 8, 1985 - Page Three City Attorney James Cribbs stated that the materials supplied would be very helpful and would be reviewed and considered. He pointed out that the Texas State Statutes now in force also apply to the City of Euless, and the offense is listed as a Class A misdemeanor with a $2'000 fine and/or one year of confinement in county jail, Mr, Cribbs Felt that rev ie of the Dailas ordinances would especially hn helpful. regarding the sections relating to the distance of such sales to schools and churches. Mr. Cribbs further outlined that the Supreme Court may perhaps be shifting its philosophy, especially if certain future appointments are made, In the past, cities have been very restricted in what can be done, especially in light of the "strong and enforceable" ordinance requested by the Advisory Board in this instance. Hr. Cribbs stated that the material would be reviewed and a response provided in approximately one month. Mayor Samuels stated that perhaps after that time the City Council and the Advisory Board could meet jointly and discuss the matter. Mr. Pippin stated that he would like to see something done by the City without wasting tax dollars, hut to make a start on the issue. He felt it would be proper for Euless to have such an ordinance on their books. ITEM 3: CONSIDERATION OF AN ORDINANCE Mr. Walker moved to approve first .reading of an ordinance to provide limitations on the type and locations of satellite television reception dishes. Mr. Pippin seconded the motion, Ayes: Messrs. Walker, Pippin, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Chris Hubbard, Division Manager, Star Com Distributing, 1014 Oakmead Drive, Arlington, Texas, 76011, stated that he would like to make some comments regarding this ordinance. Mr. Hubbard stated that he was concerned with the terminology "protect health, safety, and welfare" and "ground mounted only." Mr, Hubbard stated that this could inter[orewiLh reception by the satellite dishes. @r. Hubbard asked if the Council was going to require a costly site survey for each property. City Attorney James Cribbs stated that he did not understand Mr. Huhberd'o question, and that he had talked with Mr. Hubbard today, had provided a copy of the ordinance to him, and had asked Mr. Hubbard to call him iy any problems existed with the ordinance, Mr. Cribbs stated that since he had not heard from Mr. Hubbard, he had not known or any problems with the ordinance. Mr. Cribbs outlined that this was not a perfect document; it merely attempted to provide some sort of format to avoid the visual pollution of satellite dishes installed throughout the City. This City Council was forward in its thinking and its concern for the advertisements in commercial areas. The Council is not requiring a site survey, and is just setting some guidelines. A opscific use permit provision is available for anyone who cannot meet the guidelines in the ordinance. 1985-007 Euless City Council Regular Meeting - January 8, 1985 - Page Four 0r. Hubbard asked the process of the special use permit, and it was' explained to him by Mr Cribbu, Mr' Hubbard asked Lo whom he would submit his bill for the charges involved to him for complying with such an ordinance. Mr. Cribhs stated that it would be up to the citizen to pay his own expenses. Mr. Pippin advised that the City Council would not be looking at such an ordinance now if the City of Euless had not experienced irresponsible actions in the past regarding the placement of such satellite dishes. The main purpose is to avoid visual pollution, not to limit citizens from their right to have such satellite dishes, but to ensure that respon- sibility is used to ensure the rights of neighboring individuals. Mr. Cribhn stated that he would like to reiterate that the City of Euless desires input from the business commu:ity. Research was conducted in the drafting. of this ordinance, and it was thought to be Workable in its present form. The ordinance has been passed on first reading, and some revisions are being made to it. If it is deemed to he unreasonable and impose a hardship on citizens, then it can be altered to make it easier to comply with, but to still ensure the avoidance of the visual pollution problems, Nz. Cribbs stated that he would be happy to work with Mr. Hubbard and anyone else who wished to have input intn the ordinance, and some revisions would be mode. Mr. Hubbard stated that he thought it was in *hut the City was trying to do but that he felt the ordinance should have some changes made in it. John Rogers, owner of Satellite Sales, 6714 Baker Boulevard, Fort Worth, Texas, 76118, stated that he agreed with the ordinance in regard to its Protecting neighbors, but he did have a question on limiting the dish to a 12' above ground height. He explained that the problem of trees and other obstructions could inhibit the microwave Flora and hinder the reception to the dish. Discussion was had on various aspects of installation of the satellite dishes, addressing different heights involved, angles involved, and mounting systems involved. Mr. Cribbn asked that Mr. Rogers and Hr. Hubbard reduce their-comments and recommendations to writing and supply them to him, and he would further meet with the Euless City Council and work. on the ordinance. Both Mr. Hubbard and Hr. Rodnrs agreed to do so. Rusty Long, Space Probe, North Richland Hills, and Don Phi Ilipo. Sky View North, North Richland Hills, also offered comments regardjno the issue. It was agreed that further work would be conducted on the ordinance before it came for second reeding and that the [our gentlemen who spoke. regarding the ordinance tonight would be notified of the second reading date, by sending them a copy of that meeting's agenda. 1965-008 Euless City Council Regular Meeting -- January 8. 1965 - Page Five ITEM 4: CONSIDERATION OF EXTENTION Of TIME REGARDMG A PLAT Mayor Samuels announced that this would be consideration of an extention of time concerning the filing of a plat for Lot 1, Block 1, of Brighton Square Addition. Allen Taylor, Attorney at Law, 2200 First. City Bank. , 1e_ Worth Texas, stated that he represented Mr. Culbertson's interest in the Brighton Square Addition. The Euless City Council approved the plat for this addition on May 6, 1984, and the six months that went along with this approval had run out in November. A problem had developed with the previous finance arrangements for the project and a delay in the starting of the project had come about. The • _oblem is now on the .verge of being solved, and Mr. Culbertson was requesting a fu rther six months to begin the project. A six month extention would expire on May 8, 1985. Mr. Taylor stated that he would .e happy to answer any questions regarding the matter. Mrs. McCormick moved to grant an extention of time of six months, expiring on May 8, 1985, concerning Lot 1, Block 1, Brighton Square Addition. Mrs. McCormick added that the City Council would do this only one time, and if the project was not begun by that date, Mr. Culbertson would have to some in for replatting d.roceduces. Mr. Sternfels seconded the motion. Ayes: Mrs. McCormick, Messrs. Sternfels, Pippin, Walker Nays: None Mayor Samuels declared the motion carried. ITEM 5: CONSIDERATION OF PLATTING NO—P-84-58 Mr. St.ernfeis moved to approve Flatting No. P- 84 -58, combined pre - liminary and final plat of Lot 1, Bock i., • wik Change Addition, located south of S. M. 10, west and adjacent to F.M. 157, and north of South Pipeline, in accordance with the recommendation of the Planning and Zoning Commission. Mr. Pippin seconded the motion. Ayes: Nays: Messrs. Sternfels, Pippin, Walker, and Mrs. McCormick None Mayor Samuels declared the motion carried. 1985 -009 Euless City Council. Regular Meeting - January 8, 1985 - Page Six ITEM 6: CONSIDERATION OF PLATTING NO. P-84-63 Mr. Walker moved to approve Platting No P- 84 -63, combined preliminary and final plat of Lots 20 -25, Block 5, Oakwood Terrace Addition, locate., • south of S.H, 10, east and adjacent to Norman Drive, west and adjacent to Oakwood Drive, and north of Bayles.; Drive, in accordance with the recommendation of the Planning and Zoning Commission. Mrs. McCor:m.i.ck seconded the motion. Ayes: Nays: Messrs. Walker, Pippin; Sternfels one= Mayor Samuels declared the motion carried. (City Secretary's Notation: Mrs, McCormick was absent from the room during voting.) .ITEM') 7: PUBLIC HEARING FOR ZONING CASE NO: 84-32 Mayor Samuels explained the public hearing process and opened the public nearing for Zoning Case $4 --32, a request of Triland Development, Inc., Venture Manager, . for a change of zoning on Tract 5, Tucker A-1512, (4.2952 acres). from 0-1 to Planned Development for C -1 uses with Gas Sales, located at the northeast corner of Fuller Wiser Rood and Mid - Cities Boulevard; and a request of Triland Development, Inc., Venture Manager., for a change of zoning of a portion of Tract 6, R. Crowley A- 312 (1.8744 acres), from 0-1 to Planned Development for C -' uses with Gas Sales, located at the northwest corner of fuller -Wiser Road (new align - ment) and Harwood Road. Peter Staks, representing Triland Development, Inc., presented the rezoning request for the two parcels involved. He pointed out the location of the parcels on the overhead transparency, and stated that he would discuss the southern• tract First. The tract was now zoned C -1 and the only change involved was ask_i.ngf:r• gasoline sales at the corner. Mr. Staks pointed out the landscaping buffer along the corner, and .added that the buildings had been restricted to 18', or one-story height. He pointed out the screening fence that would be between the commercial tract and residences on two sides, screened dumpster �umpa c r area, and signac#e to 10' in height. Mr. Pippin asked about the location of the underground storage tanks, and Mr. Staks stated that this had not yet been decided, but it would be in compliance with City regulations and recommendations. Mayor Samuels asked if there were any questions or discussion on this southern tract. There being none, he asked Mr. Staks to proceed with the northern tract. Mr. Staks pointed out the location of the norther: tract, which was at Mid- Cities Boulevard and Fuller-Wiser Road. This tract was also zoned for commercial and a change was asked for the permission for gasoline sales. This site would also have landscaping, one story buildings, and a 10' maximum sign. The retail center would be very attractively built, with a brick facade, sloped roof, brick columns, and towers, .198 -010 Euless City Council Regular Meeting - January 8, 1985 - Page Seven Mayor Samuels stated that the use of landscaping was commendable, and was not usually done to that extent. Mayor Samuels asked if there were any further 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 further questions or discussion of Council, or from the audience, There being none, he declared the public hearing closed, Mrs. McCormick moved to approve Zoning Case No. 84 -32 in accordance with the recommendations ns f the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Nays: Mrs. McCormick, Messrs. Walker, Pippin, Sternfels None Mayor Samuels declared the motion carried. ITEM 8: CONSIDERATION Of DEVELOPMENT PLANS Mayor Samuels asked if anyone was present to discuss the development plans for the property located at 303 Cullum Drive, Euless. There was no one present at the Council meeting to discuss this item, `o the City, Council moved to Item No. 9. ITEM 9: CONSIDERATION OF A'UTNORIZAT_ON TO CITY MANAGER TO ADVERTISE FOR BIDS, AND APPROVAL ON FIRST READING OF ORDINANCE NO. 824 Mr. Pippin moved to authorize the City Manager to advertise for bids for the construction of Little Bear Creek Bridge extention and the im- provements to North Main Street from Little Bear Creek north to Glade Road, and to approve first reading of Ordinance No. 82t , an ordinance determining the necessity of extending and improving Little Bear Creek Bridge and improving that portion of North Main Street in the City of Euless, Texas, which extends northward from Little Bear Creek Bridge to Glade Road by widening the roadway(, . constructing, paving, curb and gutter, sidewalks and storm drainage improvements; approving the City Engineer's plans and specifications for improvement of Little Bear Creek Bridge ext.ention and North Main Street; approving the Engineer's esti- mate of cost and the assessment roll; directing the City Manager to solicit bids for the improvements to North Main Street and Little Bear Creek Bridge; declaring the intent of the City Council to levy an assessment for a portion of the cost of .improving North Main Street and extending and irnprovin, Little Bear Creek Bridge. Mr. Walker seconded the motion. Ayes: Nays: Abstain: Messrs. Pippin, Walker, Sternfels None Mrs. McCormick Mayor Samuels declared the motion carried. 1985 -011 Euless City Council Regular Meeting - January 8, 1985 - Pace Eight Bill Flowers, P.C., Knowlton-English-Flowers, Inc., stated that he had brought the revised assessment: roll, engineer's construction cost est.i.- inate, and back -up data showing estimated costs of various width streets. Also provided was the final plans and specifications for the project. Mr. Flowers fielded questions regarding the project and the bridge reconstruction and access to nearby propery owners. James Knight, City Engineer, pointed out that portions of the assessment roll reflected credits and those were For the developments that had already posted escrow funds with the City. ITEM 10: CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRACT OFFER Mr. Walker moved to authorize the City Manager to accept a contract offer in the amount. of_ `1 million for the sale of a parcel of land owned by the City of Euless. Mr. SternFels seconded the motion. Ayes. Messrs. Walker, Ster•nfels Pippin, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 11: Ct]N I )ERATION OF RESOLUTION NO. 85 -585, CALLING AN ELECTION FOR THE CITY OF EUL.ES S Mr. Walker moved to approve Resolution No. 85 -585, calling an election for the City of Euless, Texas, on the first Saturday in April, for the election of a Mayor, Councilrnember Place 2, and Councilmember Place 4. Mr. Pippin seconded the motion. Ayes: Messrs. Walker, Pippin, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 12: CITY ATTORNEY'S REPORT Mr. Crihh.s stated he had nothing to report.. ITEM 13: CITY ENGINEER'S REPORT Mr.. Knight stated he had nothing to report. 1985-012 Euless City Council. Regular Meeting - January 8. 1985 - Page Nine ITEM 4 AUDIENCE BY JERRY HODGES REGARDING MEADUWV 1Esv ADDITION Mayor Samuels staters that an item would be added to tonight's agenda. Mr.. Jerry Hodges a resident. of Meadowview Addition Euless, had requested to speak to the. Council. Mr. Jerry Hodges stated that the people of the Meadowview Addition were very upset with the development around the Add itzcn and he was O:esen. iq. o petition to the City Council tonight asking that something be done regarding the matter, particularly in the closing of a street in the area. Hr. Hodges =outlined the problems experienced by the resident s of :. Meadowview Addition and asked what relief the Ci y €: could of e Mayor Samuels advised Mr. Hodges that the Euless City Council trie ..to. put itself in the position of the citizens and - consider their e w€ inL on the issues involved. He explained that a good bit of the zoning around Meadowview Addition had been in place before the addition was built. The City had been conducting a review of the situation and had filed a report recently. Regarding the street closing, there was some concern on the part of the Fire Department as to access by fire trucks. Mayor Samuels further stated that he was in the process of putting together e letter to .residents of Meadowview Addition regarding the research that had been conducted as a result of their petition. Mr. Hodges asked about the fence issue that had been brought up last year, and whether or not there was any remedy available to the residents on the west portion of the addition. The fence variance ordinance was explained to Mr. Hodges, and .offered as a solution to their problem. Discussion was had regarding possible solutions and avenues of remedy that might be available. It was suggested that it be determined which specific homeowners would be interested in such a fence variance, and that they come together as a group and seek a fence variance in a one -time situation so that it could be handled at less cost, with perhaps no fees charged to the homeowners due to the complicated circumstances involved in this addition. The City Attorney stated that if all interested parties could be determined at one time their variances could be handled together and the fee waived. Mayor Samuels concluded the discussion by stating that he would prepare his letter to the Meadowview Addition, and would submit it to the Euless City Council members before mailing, to ensure total agreement on the issue, before it was forwarded to the residents. l985-Ol3 Euless City Council Regular Meeting - January 8, 1985 - Page Ten ADJOURNMENT There being no further business before the City Council, the meeting was adjourned at 10:16 p.m. ATTEST: K tary APPROVED: