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HomeMy WebLinkAbout1985-07-23MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL July 23, 1985 CALL TO ORDER 1985-165 A regular meeting of the Euless City Council was called to order at 8 :10 p.m., Tuesday, July 23, 1985, in the Council Chambers of the Euless Municipal Building, by Mayor Harold D. Samuels. Courciimembers present were Robert Pippin, Ron Sternfels, Bob Eden, Glenn Walker, and Carolyn Park. Staff Members Present W. M. Sustaire, City Manager Tom Hart, Assistan €. City Manager James Knight, City Engineer Director of Public Works Rod Tyler, Senior Planner INVOCATION Bob McFarland, City Attorney Kay Rainey, City Secretary Rosemary Gafford, Deputy City Secretary Linda Lux, Secretary Visitors D. J. Birkinbine Doug Mikeworth Charles K. Miller W. Kasson and other interested parties The invocation was given by Mayor Pro Tem Glenn Walker. APPROVAL OF MINUTES The minutes of the regular meeting of July 9, 1985, were approved as written. 1985 -166 Euless City Council Regular Meeting - July 23, 1985 - Page Two OLD BUSINESS ITEM 1: CONSIDERATION OF AN ORDINANCE Mrs. Park moved to deny first and final reading of an ordinance amending Ordinance No. 347, providing for a special use permit for sale of motor vehicle fuels with limitations thereon in C -1 Zoning Districts, and suggested that this zoning ordinance permitting sale of motor vehicle fuels in C -1 zoning be referred to a special committee for study, and to take into consideration after January 1, 1986. Mr. Walker seconded the motion. Ayes: Mrs. Park, Messrs. Walker, Pippin, Eden, and Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM 2: CONSIDERATION OF AN ORDINANCE FOR ZONING CASE NO. 86 -16 Mr. Sternfels moved to deny an ordinance for Zoning Case No. 85 -16, a request of Mr. Anthony Scalise, Omega Development Company, for a change of zoning on Lot 3, Block 1, Parkview Addition, from C -1 to C -2, based upon the denial of Item 1. Mr. Pippin seconded the motion. Ayes: Messrs. Sternfels, Pippin, and Mrs. Park. Nays: Mr. Eden fk5stent i ons : Mr. Walker Mayor Samuels declared the motion carried. ITEM 3: CONSIDERATION OF SECOND AND FINAL READING OF ORDINANCE NO. 852 Mr. Eden moved to approve Ordinance No. 852, adopting the 1985 Edition of the Uniform Plumbing Code and appendixes with amendments repealing the existing, Plumbing Code and all amendments thereto. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, Sternfels, and Mrs. Park Nays: None Mayor Samuels declared the motion carried. 1985-167 Euless City Council Regular Meeting - July 23, 1985 - Page Three ITEM 4: CONSIDERATION OF SECOND AND FINAL READING OF ORDINANCE NO, 853 Mr, Eden moved to approve Ordinance No. 853 adopting the 1985 Edition of the Uniform Building Code and Appendixes; dwelling construction under the Uniform Building Code; Uniform Code for the Abatement of Dangerous Building; Uniform Housing Code; Uniform Mechanical Code with revisions regulating the erection, construction enlargement, alteration, repair, moving, removal, demolition, conversion, occu- pancy, use, height, area, and maintenance of buildings and structures in the City of Euless; repealing the existing building code and all amendments thereto. Mr. Walker seconded the motion. Ayes: Messrs, Eden, Walker, Pippin, Sternfels, and Mrs. Park ays : None Mayor Samuels declared the motion carried. NEW BUSINESS ITEM 5: CONSIDERATION OF PLATTING NO. P -85 -30 Mr. Sternfels moved to approve Platting No. P- 85 -30, final plat and engineering plans for Harwood Court Addition - Phase I, with the stipulation that, based upon City Attorney, Bob McFarland's suggestion, the word "Parks" be deleted, and in accordance with the recommendations of the Planning and Zoning Commission. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Pippin, Eden and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 6: CONSIDERATION OF PLATTING NO. P -85 -34 Mr. Eden moved to approve Platting No. P- 85 -34, a replat of Lots 4 and 5, Block C, International, /Regional industrial Complex, with the stipulation that the word "Parks" be deleted from the dedicatory language, since parks cannot be abandoned except by vote of City citizens, and in accordance with the recommendations of the Planning and Zoning Commission. Mr. Sternfels seconded the motion. Ayes: Messrs. Eden, Sternfels, Pippin, Walker, and Mrs. Park Nays: None Mayor Samuels declared the motion carried. 1985 -168 Euless City Council Regular Meeting - July 23, 1985 - Page Four ITEM 7: CONSIDERATION OF PLAT ABANDONMENT Mr. Pippin moved to approve abandonment of Huie Addition as currently filed in Vol. 388 -187, Page 70, at the Tarrant County Plat Records, located south and adjacent to S.H. 183, east and adjacent to Dickey Drive and north and adjacent to Alexander Lane, in accordance with the recommendations of the Planning and Zoning Commission. Mrs. Perk seconded the motion. Ayes: Mr. Pippin, Mrs. Park, Messrs. Eden, Walker and Sternfels mss: one Mayor Samuels declared the motion carried. ITEM 8: CONSIDERATION OF PLATTING NO. P -85 -35 Mr. Eden moved to approve Platting No. P- 85 -35, final plat of Lot 1, ;lock 1, Huie Addition, 6.468 acres, located south and adjacent to S.H. 183, east and adjacent to Dickey Drive, and north and adjacent to Alexander Lane, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Pippin seconded the motion. Ayes: Messrs. Eden, Pippin, Walker, Sternfels, and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 9: CONSIDERATION OF CALLING A PUBLIC HEARING FOR ZONING CASE NO. 85 -21 Mr, Sternfels moved to call a public hearing for August 13, 1985, for Zoning Case No. 85 -21, a request of Belton Inn, Inc., for a change of coning on Tract 4AR1, Westpark Central Addition, totaling 2.8 acres of land, from C -2 to C -2 wisp for increased sign height and area, located south and adjacent. to service road of S.H. 183, east. of Westpark Way and north of Westpark Court. Mr. Eden seconded the motion. Ayes: Messrs. Sternfels, Eden, Pippin, Walker, and Park Nays: None Mayor Samuels declared the motion carried. 1985 -169 Euless City Council Regular Meeting - July 23, 1985 - Page Five ITEM 10: PUBLIC HEARING FOR ZONING CASE NO. 85 -17 Mayor Samuels explained the public hearing process and opened the public hearing for Zoning Case No. 85 -17, a request of the City of Euless for a change of zoning on tots 1 and 2, Block 1; Lots 2 and 12, Block 9; and Lots 1, 2, 3, and 5, Block 10 of the Bell Ranch Terrace Addition, totaling 1.88 acres of land, from R -1 to R -1A, located north of Toplea, on either side of Kynette Street, west and adjacent to Crowe Drive, and east and adjacent to the existing houses fronting on Yorkshire Drive. Lots 1, 8, and 9, Block 2; Lots 3 and 4, Block 8; Lots 7 and 8, Block 11.; Lots 6, 7, 12, 13, 18 -24, Block 11; Lots 1, 8 -11, Block 2 of the Bell Ranch Terrace Addition, totaling 5.33 acres of land, from R -1 to CUD (R -4), located on either side of Kynette Street, east of Crowe Drive, west of Benbow Drive, and north of Toplea Street. Lots 1 -10, Block 3; Lot: 5 -13, Block 4; Lots 1 -26, Block 5; Lots 1 -26, Block 6; Lots 1 -1.3, Block 13 and Lots 24 and 24R -1 thru 24R -5, Block 13 of the Sell Ranch Terrace Addition, Totaling 24.94 acres of land, from R -1 to C -2, located south of Euless Town Center, west of F.M. 157, north of Toplea Street, and east of Benbow Drive. Mr. Rod Tyler, Senior Planner for the City of Euless, explained that the rezoning was being initiated by the City to make the zoning in the Bell Ranch Terrace Addition more compatible. He stated that all lots lying between Crowe Drive and the existing single- family units in Wilshire Addition are being proposed for R -1A single- family attached units zoning. All lots lying between Crowe Drive and Benbow Drive are being proposed for CUD (R -4) multi - family zoning at a maximum density of 13.1 units per acre. The remainder of Bell Ranch Terrace (that portion lying east of Benbow Drive and north of Toplea Street) is being proposed for C -2 zoning in order to allow for office and commercial development. Mr. Tyler stated that the property was annexed into the City as R -1 in 1953, and since then, S.H. 183 was built and F.M. 157 has become a major traffic carrier. Euless Town Centre and Fountain View Office Building have been constructed, and Regency Centre is proposed to the north of this property. The City has updated its Future Land Use Map and designated this property as a special district for primarily commercial uses. He also explained that by rezoning this property it would stimulate development of the property, decrease the spot zoning probabilities, and bring this portion of the zoning map into compliance with the City's Future Land Use Map. Mr. Tyler also pointed out that Ordinance No. 819 (Zoning Case No. 84 -16) allowed petitioner Ben Brooks, of Brooks Builders, Inc., to rezone certain property out of Bell Ranch Terrace Addition from "R -1" Single - family Detached Dwelling District to Planned Development for Multi- family (condominiums) and commercial; and in conjunction with this rezoning, the City Council requested City Staff to prepare an application to rezone the remaining property in Bel; Ranch Terrace Addition to a. zoning classification compatible with this action, since Mr. Brooks did not own all the parcels within any one given block of Bell Ranch Terrace. 1985 -17() Euless City Council Regular~ Meeting - July 23, 1985 - Page Six Mayor Samuels asked if there were any questions from the Council regarding the rezoning of the property in question. Mr. Sternfels asked Mr. Tyler if the right - of -way complied in the C -2 zoning, since the land wasn't platted commercially at the beginning. Mr. Tyler stated that currently the right -of -way is 60 feet and that Brasher, Kynette, and Kayli Lane streets had already been dedicated. Mr. Walker stated that since all the lots the Council were proposing to zone C -2 were owned by multiple owners, couldn't the individual owners either sell their tots and the new owner possibly put up any type building, such as a metal building. Mr. Tyler stated that they could, but water, sewer, and streets would be required to serve the site, which would be expensive for a single lot. Mr. Eden stated that Planned Development was good, but it was not feasible because there were too many different owners. Mr. Walker also asked if the proposed zoning gives a developer that originally had C -2 zoning the ability to corn :e in and go to the time, effort and trouble to put it together in an orderly fashion. Mr. Eden stated that it was possible, but not feasible. Mr. Sternfels commented that the alternative was spot zoning, and he felt that it was only fair to the property owners for the Council to rezone in order to comply with the total picture. Mr. Pippin addressed City Attorney Bob McFarland as to whether there was any other way, beyond revising the City's zoning ordinance, that would require a site plan with C -2. Mr. McFarland responded with no, and commented that such a requirement may be desirable to be included in the City's Comprehensive Zoning Ordinance update recently authorized. The Council might permit C -1 with a site plan requirement prior to development, and approach zoning subject to site plans. Mayor Samuels asked if any consideration had been given to a C -1 buffer between the C-2 and other. Mr. Tyler responded that you must cut off at some point. The real big difference between C -1 and C -2 is that C -1 specifically prohibits outdoor storage and does not cater to automobile uses. Mr. Pippin commented that he was concerned with the hodgepodge of uses within the lots. Mr. Eden felt that undesirable uses would not occur due to the cost of streets and utilities. There being no proponents or opponents in the audience, Mayor Samuels asked if there were any further questions or discussion from the Council or audience. There being none, he declared the public hearing closed. Mr. Sternfels moved to approve rezoning of the lots in Zoning Case No. 85 -17, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Eden seconded the motion. Ayes: Messrs. Sternfels, Eden, Walker, and Mrs. ?ark Nays: Mr. Pippin Mayor Samuels declared the motion carried. 1985 -1.71 Euless City Council Regular Meeting - .July 23, 1985 - Page Seven ITEM 11: CONSIDERATION OF RESOLUTION NO. 85 -604 Mr. Eden moved to approve Resolution No. 85 -604 resolving that the Euless City Council go on record as opposing the limitations and restrictions on municipal bonds proposed by the President's tax proposals for municipal bonds. Mrs. Park seconded the motion. Ayes.: Mr. Eden, Mrs. Park, Messrs. Pippin and Walker Nays: None Mayor Samuels declared the motion carried. (City Secretary's Note: Mre. Sternfels was absent from the room during the vote on this item.) ITEM 12: CONSIDERATION OF AN ORDINANCE Mr. Eden moved to approve first reading of an ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "updated service credits" in said system for service performed by qualifying members of such system who presentlyy are in the employment of the City of Euless, and that second reading be heard on August 13, 1985. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, and Mrs. Park Nays: None Mayor Samuels declared the motion carried. (City Secretary's Note: Mr. Sternfels was absent from the room during the vote on this item.) ITEM 13: CONSIDERATION OF APPOINTING AUDITORS Mrs. Park moved to approve staff's recommendation that Arthur Young & Company be appointed as the City's independent auditors for the fiscal year ending September 30, 1985. Mr. Pippin seconded the motion, Ayes: Mrs. Park, Messrs. Pippin, Eden, and Wacker None Mayor Samuels declared the motion carried. (City Secretary's Note: Mr..Sternfels was absent from the room during the vote on this item.) 1985-172 Euless City Council Regular Meeting - July 23, 1985 - Page Eight ITEM 14: CITY ATTORNEY'S REPORT A. City Attorney Bob McFarland presented the Council with the question of whether they preferred that the deletion of the requirement in C -1 and C -2 zoning for a "paved rear yard" he deferred to the Zoning Code Revision Commission for their consideration, or whether the Council preferred that the City Attorney's office draw up a new ordinance deleting the requirement of a 15 -foot paved rear yard. Mr. McFarland stated that staff's recommendation is that the rear yard requirement continue, and that the only change be the deletion of the requirement of a "paved" rear yard. Mr. Walker asked if an ordinance could be drawn up for approval, and at the same time have it forwarded to the committee for further study to see if it needed any additional revisions other than the one included. Mr. McFarland stated that both actions could be taken. Mr. Eden moved that the City Attorney's office draft an ordinance deleting the requirement of a 15 -foot paved rear yard in C -1 and C-2 zoning and present it to the Comprehensive Zoning and Code Revision Commission. Mr. Walker seconded the motion. Ayes: Messrs, Eden, Walker, Pippin, Sternfels, and Mrs, Park Nayes: None Mayor-. Samuel, declared the motion carried. B. Mr. McFarland presented the Council with a decision as to whether or not to allow a horse /mule- drawn taxi service in Euless on public streets in general, since the taxi franchise ordinance did not cover this particular situation. City Council and City Attorney McFarland agreed to allow Mr. D. J. Berkinhine to operate a horse /mule- drawn taxi service in Euless, with the stipulation that he provide the sanitation, and that the horses will be housed outside the City limits. ITEM 15: CITY ENGINEER'S REPORT Mr, James Knight stated that he had nothing to report. ITEM 16: CONSIDERATION OF PLATTING NO. P -85 -29 Mayor Samuels announced that this request for final plat and engineering plans for Lo. 2, Block 1., Glade Crossing Shopping Center Addition, had been withdrawn at the written request of the proponent, Sam Beasley, and that the platting request would be revised and presented in a new format at a later date. 1985-173 Euless City Council Regular Meeting - July 23, 1985 - Page Nine ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:35 p.m. ATTEST: Kay Rainey/ City ecretary • APPROVED: Harold D. Samuels, Mayor