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HomeMy WebLinkAbout1986-08-12MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL August 12, 1986 CALL TO ORDER 1986 -141 A regular meeting of the Euless City Council was called to order at 8:08 p.m., on Tuesday, August 12, 1986, in the Council Cham- bers of the Euless Municipal Building, by Harold D. Samuels, Mayor. Those present were Mayor Pro Tem Carolyn Park, Council- members Ron Sternfels, Glenn, Walker, and Ray Ozebek. Bob Eden was absent. Staff Members Present W. M. Sustaire, City Manager Bob McFarland, City Attorney Kay Rainey, City Secretary James Knight, City Engineer Jim Nickerson, Finance Director Randy Byers, Fire Chief Larry Finney, Code Enforcement Officer Jay Heilman, Traffic Safety Coordinator Rosemary Gafford, Deputy City Secretary Visitors Russell F. LeDoux Joe Trafficana Gene Penrod Ben and Frances Brooks Bill Pasteur Neal Adams George Jackson Glenn Porterfield Mike Donohue Bob Hampton Bill Brown and other interested parties PLEDGE OF ALLEGIANCE Mayor Harold D. Samuels led the Pledge of Allegiance. INVOCATION The invocation was given by Councilman Glenn D. Walker. 986_J42 Euless City Council Regular Meeting August 12, 1986 - Page Two NEW BUSINESS ITEM 1: CONSIDERATION OF PLATTING HP- -86 -15 Mr. Sternfels moved to approve Platting #P- 86 -15, a replat of Lot 1B, Block E, International Regional Industrial Complex, totaling 0.3873 acres of land, generally located. across the street from the Euless Service Center and Animal Shelter, in accordance with the recommendation of the Planning and Zoning Commission, and subject to the review and approval of the City Attorney. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 2: CONSIDERATION OF PLATTING HP -86 -19 Mrs. Park moved to approve Platting %P- 86°°19, a combined pre - liminary and final plat of Fair Addition, totaling 6.983 acres of land, generally located in the southwest quadrant of S.H. 10 and F.M. 157, in accordance with the recommendation of the Planning and Zoning Commission. Mr. Ozebek seconded the motion. Ayes: Mrs. Park, Messrs. Ozebek, Sternfels and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 3: CONSIDERATION OF PLATTING HP -86 -05 Mr. Walker moved to approve Platting %P- 86 -05, a final plat of Lot 6, Brock 11, Villages of Bear Creek located on the north side of Harwood Road and west of proposed S.H. 360, in accordance with the recommendation of the Planning and Zoning Commission, subject to receipt of the developer's pro -rata share from improvements to S.H. 360, and that the Harwood Road plans be submitted for review within the next week. Mr. Ozebek seconded the motion. Ayes: Messrs. Walker, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. 1966-143 Euless City Council Regular Meeting August 12, 1986 - Page Three ITEM 4: CONSIDERATION OF REPLAIIING #P-86-14 Mayor Samuels asked the Council if they had any questions re- garding replat #P-86-14, a. replat of Lots 1-12, Block 9, Lots 1, 2 and 5-24, Block 8, and Lots 4, 5 and 6, Block 2 of Bell Ranch Terrace Addition, into Lots 1R-32R and Lots 37R-72R, Block 9, and Lots 4R and 6R, Block 2 - Phase I, Bell Ranch Terrace Addition, generally located west of F.M. 157 between Kynette Street and Signet Street. south of Euless Town Centre. Mr. Ozebek moved to approve Replat #P-86-14, in accordance with the recommendations of the Planning and Zoning. Commission, and subject to alleyway rights-of-way agreements being attached to the plats for Lots 3 and 4, Block 8. Mrs. Park seconded the motion. Mrs. Janice Barton, 409 Yorkshire, Euless, Texas, and owner of Lot 9, stated that she and her neighbors objected to an alley behind their lots and the extra traffic it will generate. She also asked if a screening fence would still be built between the single family lots and this development. City Attorney McFarland stated that the plat does not show any public rights-of-way save and except Crowe Drive which is already dedicated. Mr. Knight stated that the developers, Mr. Brooks and Mr. Hagan who were present in the audience, rezoned a good portion of Bell Ranch Terrace for a Planned Unit Development, which would allow some multi-family use. He later returned and requested a revi- sion of the Planned Development and rezoned a part of it from the PUD back to an R-1A concept which reduced the density by about 50 percent. This is a portion of the area that he rezoned back to a straight R-1A zoning category. Under current regulations there would not be a screening fence required between the R-1A and the R-1 adjacent to it, where it would have been required if left multi-family. The alley being proposed is a 20-foot wide paved alley located three feet off the property line. It is depressed about 30 to 36 inches lower than the property to the west of it. The developer is proposing construction of a concrete vertical retaining wall. The area between the retaining wall and the property line will be paved with concrete, so it will not be an area that will allow the growth of weeds or grass and be a maintenance problem. Mr. Walker asked Mr. Brooks if he was planning to continue a screening fence even though not required by the ordinance and would he be willing to put up a screening fence. Mr. Brooks replied that he had not considered it, because the purpose of the alley was to make the neighborhood look better, and that the development consisted mainly of rear entries. 1986-144 Euless City Council Regular Meeting August 12, 1986 - Page Four Ayes: Mr. Ozebek and Mrs. Park Nays: Messrs. Walker and Sternfels Since the vote resulted in a tie vote, Mayor Samuels cast a vote of aye. Mayor Samuels declared the motion carried. ITEM 5: PUBLIC HEARING Mayor Samuels explained the public hearing process and opened the public hearing concerning improvements and assessments to F.M. 157 from S.H. 10 to S.H. 183, and called upon the City, who is acting on behalf of the Texas State Highway Department as propo- nents, City Attorney McFarland stated that there are some 27 parcels of land abutting on the east and west side of the proposed improve- ments for S.H. 157 for drainage, utility location improvements, and widening of S.H. 157 between Hwy. 10 and Hwy. 183. The project, as a joint effort of the City of Euless and the Texas State Department of Highways and Transportation is estimated to take approximately as long as 27 months to fully complete. The first stage will be the utility installations and reloca- tions. The second stage will be the construction of the sanitary sewer facilities to ease draining problems in the area. The third will be the roadway. The plans of the Highway Department, which have been finalized and approved, are designed so that no property owner along the area of construction will at any time be denied access to their property. The City has authority under Texas law to assess against the main property owners 90 percent of the cost of the paving project and related drainage expenses, and 100 percent of the cost of curbs, gutters and sidewalks. The City has retained the services of Hagood Associates, Inc., and the president, Mr. Wayne Hagood, is here as the City's appraiser with respect to the project. Mr. Hagood has effected an independent appraisal of each of the parcels and tracts of land abutting the proposed street improvements, and will present at this time the results of his evaluation of those appraisals relative to a determination as to the enhancement of value to the abutting tracts. Mr. Hagood stated that in his opinion there is no increase in the value of the commercial properties as a result of the paving project, and that only four parcels of land would increase in value as a result of installing curbs, gutters and sidewalks. Only one parcel of land owned by Basil Georges would increase in value due to drainage improvements. In Mr. Hagood's opinion, the only increases in value and justified assessments were as fol- lows: 1986 -145 Euless City Council Regular Meeting August 12, 1986 - Page Five Name Wayne Brewer Wayne Brewer Basil Georges 1st Southwest Mortage Increased Value $ 5,000 $ 4,000 $970,000 $ 5,000 Justified Assessment $ 3,024.29 S 1,319.37 $56,321.49 $ 3,181.48 Mr. Knight stated that there was no assessment for sidewalks on the parcels of land owned by Basil Georges, because sidewalks were proposed only on the west side of Hwy. 157. When the property develops, our building code will require the construc- tion of sidewalks. City Attorney McFarland stated that the law limits the City to an assessment. in no event greater than the amount of enhanced value or benefit to the property. It is the City's recommendation that assessments and improvements for paving, curbing, guttering and drainageways be assessed only against the four owners who were the subject of Mr. Hagood's testimony. Mr. Darrell Beaucannon representing Basil Georges asked what kind of drainage improvements would be provided. Mr. Knight stated that the plans by the State Highway Department include a box culvert for the full length of the property extending from Hwy. 183 south to the south side of the Bridgegate Apartments and turns in a southeasterly direction away from Hwy. 157. This would include a box culvert for the full length of the property Mr. Georges has on Hwy. 157. Improvements have been designed basically on a 25 -year return frequency storm that includes a triple box culvert 10 by 7 feet and would support traffic going across it. Mayor Samuels asked if there were any other proponents. There being none, he asked if there were any opponents to the assess- ments and improvements to F.M. 157. There being none, he asked if there were any further questions or discussion of the Council. There being none, Mayor Samuels declared the public hearing closed. Mr. Walker moved to adopt assessments as recommended by Hagood & Associates, Inc., and the City. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Ozebek and Mrs. Park Nays: None Mayor Samuels declared the motion carried. City Secretar 's Note: Ma or Samuels left the Council Chambers and Mayor Pro Tem Carolyn Park accepted the gavel. 1986 -146 Euless City Council Regular Meeting August 12, 1986 - Page Six ITEM 6: CONSIDERATION OF BID AWARD Mr. Ozebek moved to approve the low bid of Circle "C" Construc- tion Company, Inc., for $272,152.50 for water, sanitary sewer mains and appurtenances for S.H. 157, subject to acquisition and execution of contract after all utility easements are acquired, in accordance with staff's recommendation. Mr. Sternfels seconded the motion. Ayes: Messrs. Ozebek, Sternfels, Walker and Mrs. Park Nays: None Mayor Pro Tem Park declared the motion carried. City Secretary's Note: Mayor Samuels returned to the Council Chambers and received the gavel from Mayor Pro Tem Park. ITEM 7: PUBLIC HEARING FOR ZONING CASE NO. 86 -13 Mayor Samuels opened the public hearing for Zoning Case No. 86 -13, a request of Billy L. Stephenson for a change of zoning on a portion of Tract 4B1A, A. M. Downing Survey, Abstract No. 415, totaling 0.279 acres of land, from its present zoning of C -2 to I -1, located south of S.H. 10 and west of F.M. 157. Mr. Billy Stephenson, 2220 Highland Road, Dallas, Texas, stated that a site plan had been submitted for mini- warehouses, and that the change of zoning was needed in order to prevent the zoning line from cutting through their proposed building. Mr. Stephen- son also referred the Council to Item 2, #tP -86 -19 on tonight's agenda that related to this zoning change and which was approved by Council. Mr. Stephenson stated that there was not enough room to move the development to the south to prevent rezoning, and that he felt the Planning and Zoning Commission denied his request because no one was present at the P & Z meeting on July 1, 1986, to explain that this zoning case was primarily an attempt to square off the back portion of the zoning line and did not affect the C -2 zoning in front of it. Mayor Samuels asked if there were any other proponents to the zoning change. Mr. Russell LaDue, 3757 Dutchess Trail, Dallas, Texas, stated that he was a realtor speaking on behalf of his client, Joe Trafficano, owner of Tract 3A1, two tracts to the west of the subject property, and that he was an opponent to the zoning change at the Planning and Zoning meeting on July 1, 1986, due to confusion as to the purpose of rezoning. Mr. LaDue stated. that now that he understood the reason for the zoning request, he was not opposed to the zoning change. 1986-147 Euless City Council Regular Meeting August 12, 1986 -- Page Seven Mayor Samuels asked if there were any opponents to the zoning change. There being none and no further questions from the Council, Mayor Samuels declared the public hearing closed. Mrs. Park moved to approve Zoning Case No. 86-13 for a change of zoning from C -2 to I-1 on a portion of Tract 4B1A, A. M. Downing Survey, Abstract No. 415, totaling 0.279 acres of land. Mr. Ozebek seconded the motion. Ayes: Mrs. Park, Messrs. Ozebek, Sternfels and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 8: PUBLIC HEARING FOR. ZONING CASE NO. 86 -14 Mayor Samuels opened the public hearing for Zoning Case No. 86 -14, a request of Site Work, Inc., for a change of zoning on a portion of Tract 2A3? and 2C, Kitty House Survey, Abstract No. 678, total ing 0.18 acres of land, from its present zoning of R-1 to C -2, located north of S.H. 10 and west of Westpark Way. Mr. Bill Peifer with Site Work, Inc., stated that his client owned two adjacent parcels on S.H. 10 that totaled 2.21 acres. The majority of the two parcels is zoned C -2 and only a small portion, 0.18 acres, is zoned R -1. He stated that their request was to rezone that small part of the property from R-1 to C -2 to be compatible with the rest of the zoning on the property, and that of these two parcels, his client planned to develop the eastern most parcel at this time, but had no plans to develop the remaining tract. Mr. Peifer pointed out that the portion of land zoned R-1 is too small to even build one residential house, but that it is needed to erect corporate building offices on the adjacent parcels of land. Mayor Samuels asked if there were any other proponents to the zoning change. There being none, he asked if there were any opponents. There being none and no further questions from the Council, Mayor Samuels declared the public hearing closed. Mr. Ozebek moved to approve Zoning Case No. 86 -14, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Messrs. Ozebek, Walker, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. 1986- .1z.i Euless City Council Regular Meeting August 12, 1986 Page Eight ITEM 9: CONSIDERATION OF AN ORDINANCE Mr. Ozebek moved to declare an emergency and approve on first reading an ordinance abandoning a portion of Crowe Drive in Bell Ranch Terrace Addition west of Nita Lane and north of Signet Drive. Mrs. Park seconded the motion. Ayes: Mr. Ozebek and Mrs. Park Nays: Messrs. Walker and Sternfels Since the vote resulted in a tie vote, Mayor Samuels cast a vote of aye. Mayor Samuels declared the motion carried on first reading. City Attorney McFarland advised that since the motion failed to carr— on an emer «ency basis a second readin• will be re•uired to approve the ordinance. ITEM 10: CONSIDERATION OF AN ORDINANCE Mr. Walker moved to approve first reading of an ordinance up- dating service credits to the Texas Municipal Retirement System for service performed by qualifying members of such system who presently are in the employment. of the City of Euless, and providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Ozebek and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 11: CONSIDERATION OF AN ORDINANCE Mr. Walker moved to approve first reading of an ordinance allow- ing certain employees of the City who have terminated previous memberships in Texas Municipal Retirement System to deposit the sum so withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such employee credit in such system for all service to which such employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an employee of this City. Mr. Sternfels seconded the motion. .19E36 -149 Euless City Council Regular Meeting August 12, 1986 - Page Nine Ayes: Messrs. Walker, Sternfels, Ozebek and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 12: CONSIDERATION OF AN ORDINANCE Mr. Ozebek moved to approve first reading of an ordinance amend- ing Ordinance No 799 providing a different notice period for notice to the City of Euless of property damage, personal injury and death, and providing the time and location where such notice is to be given. Mr. Walker seconded the motion. Ayes: Messrs. Ozebek, Walker, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 13: CONSIDERATION OF AUTHORIZATION TO CITY MANAGER Mr. Sternfels moved to approve expenditure of funds up to $40,000 for remodeling the Police Department. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 14: CONSIDERATION OF CALLING A PUBLIC HEARING Mrs. Park moved to approve calling a public hearing at 8:30 p.m., Tuesday, August 26, 1986, regarding the proposed budget of Fiscal Year 1986 -87 Mr. Ozebek seconded the motion. Ayes: Mrs. Park, Messrs. Ozebek, Sternfels and Walker Nays: None Mayor Samuels declared the motion carried. 1986 -150 Euless City Council Regular Meeting August 12, 1986 - Page Ten ITEM 15: CONSIDERATION OF A PROPOSAL TO INCREASE TAXES AND CALLING A PUBLIC HEARING Mr. Walker moved to propose to increase taxes by 15.763 percent over the published effective tax rate of 36.281 cents for 1986, and to set a public hearing on Tuesday, August 26, 1986, at 8:00 p.m., to discuss said tax rate increase. Mr. Ozebek seconded the motion. Ayes: Messrs. Walker, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 16: CONSIDERATION OF APPROVAL OF AN INDEMNITY AND RELATED AGREEMENTS Mr. Ozebek moved to approve an Indemnity Agreement and related agreements authorizing the Mayor and City Secretary to execute an indemnification agreement in favor of the City of Hurst regarding removal of the Bluebonnet Drive bridge in the City of Hurst. Mr. Walker seconded the motion. Ayes: Messrs. Ozebek, Walker, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM 17: CONSIDERATION OF CONTRACT AND AGREEMENT Mr. Walker moved to approve a contract and agreement between Tarrant County Rural Fire Prevention District No. 1 and the City of Euless. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Ozebek and Mrs. Park Nays: None Mayor Samuels declared the motion carried. STAFF REPORTS ITEM 18: CITY MANAGER'S REPORT Mr. Sustaire stated that he had nothing further to report. 1986-151 Euless City Council Regular Meeting August 12, 1986 - Page Eleven ITEM 19: CITY SECRETARY'S REPORT A. Mrs. Park moved to approve the appointment of Elbert R. ' :Jess" Jester as Vice Chairman of the Advisory Board for Social Concerns Board, and accept the resignation of Debbie McDonald from the Board. Mr. Walker seconded the motion. Ayes: Mrs. Park, Messrs. Walker, Ozebek and Sternfels Nays: None Mayor Samuels declared the motion carried. B. Mr, Sternfels moved to approve the minutes of July 8, 1986, as written. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 20: CITY ATTORNEY'S REPORT Mr. McFarland stated that he had nothing further to report. ITEM 21: CITY ENGINEER'S REPORT A. Mr. Knight recommended final payment in the amount of $41,797.18 be made to Cutler. Paving, Inc., for materials furnished and work performed overlaying Pipeline Road, and that liquidated damages not be considered since the con- tractor went to additional expense to correct problem areas in the overlay. Council extended approval for final payment and waived liquidated damages. B. Mr. Sternfels moved to approve awarding of the contract to the low bidder of $213,185.80, of which the City of Euless is obligated to pay $84,232.00, for paving and utility improve- ments within the right -of -way of South Pipeline Road within the limits of Euless Water and Sewer Line Project extending from just east of Raider Drive to east of Stanley Drive, in accordance with the Intercity Agreement between the City of Euless and City of Fort Worth and Resolution No. 86-621. 1.986-152 Euless City Council Regular Meeting August 12, 1986 - Page Twelve Mr. Walker seconded the motion. Ayes: Messrs. Sternfels, Walker, Ozebek and Mrs. Park Nays: None Mayor Samuels declared the motion carried. C. Mr. Knight recommended that Council approve final payment of $67,301.50 to Hydrostorage for materials furnished and work performed on the North Main Street elevated water storage tank, and that the City accept a $500 credit from Hydro- storage for "birdbath" conditions appearing on concrete floors. Council extended approval for final payment to Hydrostorage, and a credit of $500. D. Mr. Knight presented a storm improvement project that has been completed on Cullen and Dallas Drive in Midway Park Addition that is a joint venture between the City and Tarrant County Community Development Group Administered Funds, and the County will be expecting final payment to the contractor. E. Mr. Knight called the Council's attention to the fact that the owner of the property on the far north end an the east side of North Main Street has given his commitment to par- ticipate in the paving improvements. He has executed the necessary right-of-way document, the change order has been executed, and the contractor started work on it as of yes- terday. Mayor Samuels requested that Mr. Knight, as time permits and the street is opened, have Jay Heilman take a look and see if even temporary signalization is needed to move traffic through Glade Road and North Main Street. Although it is an intersection common with Grapevine, it might help their citi- zens also. Mr. Knight commented that the four-way stop sign there at the present seemed to handle the traffic at this time. Mr. Sustaire commented that signalization should also be considered at Mid-Cities and Fuller-Wiser, as well as Ash Lane and Fuller-Wiser. Mr. Knight added that signalization on Hwy. 360 would be needed as early as 1988. ITEM 22: CITY COUNCIL INPUT The Council had no additional comments. Euless City Council Regular Meeting August 12, 1986 -- Page Thirteen ADJOURNMENT Mayor Samuels asked if there were any comments from the audience. There being none and no further business the meeting was ad- journed at 9:46 p.m. APPROVED: Harold D. Samuels, Mayor Al I EST : Kay Rainey ;City $' secretary