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HomeMy WebLinkAbout1986-10-28MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL October 28, 1986 CALL TO ORDER 1986-197 A regular meeting of the Euless City Council was called to order at 8 :00 p.m., on Tuesday, October 28, 1986, in the Council Chambers of the Euless Municipal Building, by Harold D. Samuels, Mayor. Those present were Councilmernbers Bob Eden, Ray Ozebek, Ron Sternfels, Glenna Walker and Mayor Pro Tem Carolyn Park. Staff Members Present W. M. Sustaire, City Manager Tom Hart, Assistant City Manager Bob McFarland, City Attorney Kay Rainey, City Secretary James Knight, City Engineer Lynn Shackelford, Director of Adm. Services Rosemary Gafford, Secretary Visitors Mr. and Mrs. G. A. Martin Jan Schronk Roy Power Clyde Cullum & Family Russ and Reva Neill Kathy Neill Jan Jordan Vernon Notiey 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 - -i98 Euless City Council Regular Meeting October 28, 1986 - Page Two ITEM NO. 1: PRESENTATION OF SERVICE PINS Mayor Samuels presented service pins to the following employees and extended his and the City Council's thanks and appreciation for their hard work and years with the City: Pat Crawford, Police Department, Communications Sergeant, 20-- Year Pin (Ms. Crawford was not present to receive her pin). Randy Byers, Fire Department, Fire Chief, 15-Year Pin Danny Neill, Police Department, Sergeant- Patrol Division, 10 -Year Pin David Northcut, Water Production, Heavy Equipment Operator, 10 -Year Pin John Irving, Public Works Department, Utility Foreman, 10-Year Pin Clyde Cullum, Streets Department, Heavy Equipment Operator, 10 -Year Pin OLD BUSINESS ITEM NO. 2: CONSIDERATION OF SECOND AND FINAL READING OF ORDINANCE NO. 906 FOR ZONING CASE NO. 86 -16 Mr. Eden moved to approve second and final reading of Ordinance No. 906 for Zoning Case No. 86 -16, a request of Bill Willis for a change of zoning on Tract 5B of the A. J. Huitt Survey, Abstract 684, located in the 1000 block of Villa Drive east of F.M. 157, containing 1.88 acres, from its present zoning of R -5 (24 U /A) to C -2. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. I9&-i99 Euless City Council Regular Meeting October 28, 1986 - Page Three NEW BUSINESS ITEM NO. 3; AUDIENCE REQUESTED BY W. W. AND WILLIE MAE McCORMICK Mayor Samuels stated that Mr. and Mrs. McCormick were not present tonight, but that he visited with the McCormicks this afternoon regarding their concern for several pecan trees located on a piece of property they donated to the City several years ago located just north of the bridge across Bear Creek on North Main Street. The problem is resolved, so Mr. and Mrs. McCormick decided not to appear before the Council tonight, since they in no way considered the City at fault in the matter. ITEM 4: AUDIENCE REQUESTED BY LINDA ARCHER Linda Archer, Chairman of the Advisory Board for Social Concerns, approached the City Council to consider the passage of a smoking regulation ordinance for the City of Euless, since there is a substantial body of evidence which reveals that the smoking of tobacco is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces. Mrs. Archer stated that in a strictly informal survey, 26 out of 30 residents of Euless favored such an ordinance. The specific areas of concern are the workplace, public buildings, restaurants and grocery stores. Sample ordinances from four major cities were made available to the Council. Mrs. Park inquired as to how the 30 residents that participated in the informal survey were selected. Mrs. Archer stated that each member of the committee informally asked five different individuals at random during a month's period for their opinion regarding a no- smoking ordinance. Mayor Samuels stated that, regardless of what action the Council might take or might not take, the Council appreciated the work and time donated by the Advisory Board for Social Concerns, and that the Council depends very heavily upon the City's Boards for making decisions that the Council faces from time to time, Mayor Samuels requested that the Committee look into a proposed no- smoking ordinance the City of Bedford is considering and report back. to the Council. Mrs. Archer said she would check into Bedford's ordinance and inform the City Secretary of the Com- mittee's findings. 1.96 - ;?90 Euless City Council Regular Meeting October 28, 1986 - Page Four ITEM 5: PUBLIC HEARING FOR ZONING CASE NO. 86 -15 Mayor Samuels explained the public hearing process and opened the public hearing for Zoning Case No. 86 -15, a request of Richard Bramblett for a change of zoning on Tracts 1C, 1C2, ID1, 1E1 and 1E1A of the John Groves Survey, Abstract 559, from its present zoning of C -2 and CUD R-4 (16 U /A) to PD- Single Family Detached (W Reduced Setbacks and lot sizes). Mr. Keith Wallace, Washington/Wallace, Inc., Hurst, Texas, represented Mr. Bramblett, the owner, and General Homes, Dallas, Texas, the builder of the property, in this request, distributed aerial photographs of the property to the Council, and described the location of the property as being between Hwy. 10 and Pipe - line Road close to the Fire Station on Westpark Way. He stated that they had rezoned the property three times in the last five years, starting with residential to commercial, to multi- family to single family. Mr. Wallace stated that the minimum lot size would be 5,400 square feet, and the total number of units would be 184 single- family units of 43.11 by 65 feet on lots with a minimum width of 54 feet and minimum depth of 100 feet. Maximum lot coverage is the standard 40 percent, and explained that as far as access, two points of intersection had been aligned with Prestwick and Warwick from the north, and that Needles Street had been brought through the subdivision from the west. He distributed pictures to the Council of a similar project being built by General Homes at this time in Duncanville, Texas. Due to economy, they are requesting smaller lots and variances for a five-foot side yard setback, a 15 -foot rear yard, and 20 to 25 -foot front yard, as denoted on the plan. It is the intention of the owner and developer to develop this land as fast as possible, with models to be put on the ground approximately by May of next year. Mayor Samuels asked Mr. Wallace how the owner /builder would feel about a right -of- access to adjoining owners allowing each access to his neighbor's backyard to build a pool, storage building, or rear -entry garage, etc. Mayor Samuels stated that one of the biggest problems the City faces today in code enforcement and citizen complaints is about unsightly yards; that Euless has houses that are built too closely together, and the developments that have these problems have lots about the sa.rne size as the lots in this zoning request. Owners are unable to get to the back of their lots, so four or five cars are parked in the front of the property and on the lawn, If there was some way to get cars to the rear of these narrow lots, the Council would have probably passed an ordinance by now to keep vehicles off lawns. Mr. Wallace introduced Mr. Sam Wyse, Land Development Manager for General Homes, Dallas, Texas, who would be able to answer that question. 19S6-201 Euless City Council Regular Meeting October 28, 1986 -- Page Five ITEM 5: PUBLIC HEARING FOR ZONING CASE NO. 86-15 (Con.) Mr. Wyse stated that they have designed a product in response to a need felt in the market for a narrower and deeper house which makes more effective use of front yard, rear yard and side -yard setbacks, so that the house footprint itself makes a much more effective use of those setbacks, while providing the necessary setback in the front for driveways and cars, and providing adequate rear yard and side yards. They have attempted to increase use of the land by making a more efficient lot size and not waste the land on the lot. They are providing as large a house on a smaller but more efficient lot to make more efficient use of the land overall by increasing the density and thereby getting the lot price down; providing an upgraded product that keeps the price in range where people can afford. a very appealing and very aesthetic house that would be of benefit to the City. Mr. Wyse stated that they have tried not to encumber yards with easements. Whenever possible, they don't even put utilities down between houses unless they are forced to do so. They do deed restrict every subdivision in which they build. They have designed the houses to have five -foot side yards making ten feet between houses. They have asked for the variances so they can get the yield out of the subdivision to make it economically justifiable. Placing a house on a zero -lot line on one side and ten feet on the other side cannot actually be done. What you would have to do is put a three -foot offset an one side and a seven -foot offset on the other side because of the eave overhangs which are generally about 30 inches. When you come to the end of a block you have an extra ten feet that you are going to have to throw into every lot at one end of the block, or 120 feet, which means that we effectively loose two lots out of the subdivision. Mayor Samuels stated that the Council is pleased to see the single - family development as opposed to multi- family, but two lots should not affect the cash flow of the project in his opinion. He also stated that he would like to see the houses in the project placed so as to allow the owners access to their backyards if heavy equipment is needed there. Mayor Samuels asked the developer if an eight and two -foot side yard setback would be considered, Mr. Wyse requested that the City Council take action in whatever manner the Council feels appropriate, so that they can proceed with their project and they will come back in two weeks with a proposal that addresses the side -yard issue. Mr. Sternfels stated that he didn't think the access situation is as critical as everyone thinks it is, and that it may be a viable alternative to a zero lot line. 1986 -2.02 Euless City Council Regular Meeting October 28, 1986 - Page Six ITEM 5: PUBLIC HEARING FOR ZONING CASE NO. 86 -15 (Con.) Mayor Samuels asked if there were any other proponents to the zoning request. Mr. Lewis Lowe, 1101 Johns, Euless, Texas, stated. that he saw no problem with the side -yard setback and that he was for the project. Mayor Samuels asked if there were any opponents to the zoning request. There being none, Mayor Samuels asked if the Council had any further questions before closing the public hearing. There being none, the public hearing was closed. Mr. Sternfels roved to approve Zoning Case No. 86 -15 requesting a change from the present zoning of C -2 and CUD R -4 (16 U /A) to PD- Single Family Detached (W /Reduced Setbacks and lot sizes) as proposed. Mr. Eden seconded the motion. Ayes: Messrs. Sternfels, Eden and Ozebek Nays: Mr. Walker and Mrs. Park Mayor Samuels declared the motion carried. ITEM 6: CONSIDERATION OF FIRST AND FINAL READING OF ORDINANCE NO. 907 REPEALING ORDINANCE NO. 875 Mr. Eden moved to declare an emergency and approve on first and final reading Ordinance No. 907, repealing Ordinance No. 875, and amending Section 14 -77 of Article IV, "Operation of Vehicle" of Chapter 14, "Traffic" of the Code of Ordinances of the City of Euless, Texas, (same being Ordinance No. 355), by the deletion of subsection (c) thereto designating a portion of Pipeline Road as a one-way street. Mrs. Park seconded the motion. Ayes: Mr. Eden, Mrs. Park, Messrs. Ozebek, Walker and Sternfels Nays: None Mayor Samuels declared the motion carried. 1986-203 Euless City Council Regular Meeting October 28, 1986 -- Page Seven ITEM NO. 7: CONSIDERATION OF AN ORDINANCE AMENDING THE EULESS CODE OF ORDINANCES City Attorney Bob McFarland stated that this ordinance was brought before the Council upon the recommendation of the Euless Police Department, after they did extensive study of similar ordinances of other area metroplex cities. Mr. McFarland stated that the ordinance provided a single -alarm at a. single street address, although there may be multiple users, in which event at that particular address there would be a limitation of alarm response. When there is a multiple alarm system under one owner at an apartment project, it will be the owner's responsibility to see that they properly function. The owner will be allowed a minimum number of false alarms, and thereafter he will be subject to fine and disconnect. A suggestion was made that the ordinance be modified on second reading to provide that the alarm ring for no longer than a period of 30 minutes. Mrs. Park moved to approve the first reading of an ordinance requiring permits for alarm system users, subject to the amend- ments regulating audible off-on alarms, renewal provisions and the grandfather amendment to be considered at the time of second reading. Mr. Sternfels seconded the motion. Ayes: Mrs. Park, Messrs. Sternfels, Eden, Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. ITEM 8: CONSIDERATION OF BID AWARD FOR SIGNALIZATION OF WESTPARK WAY AND PIPELINE ROAD Mr. Sternfels moved to approve the low bid of $25,054 from Durable Specialties, Duncanville, Texas, for a traffic signal at Westpark Way and Pipeline Road, in accordance with Staff's recommendation. Mrs. Park seconded the motion, Ayes: Mr. Sternfels, Mrs. Park, Messrs. Eden, Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. .1 3g6 --2D4 Euless City Council Regular Meeting October 28, 1986 - Page Eight ITEM NO. 9: CONSIDERATION OF BID AWARD FOR VEHICLES AND EQUIPMENT Mr. Walker moved to approve the low bid for the following vehicles and equipment: 1. Full -size 4 -Door Sedan 2. Compact 4 -Door Sedan 3. Pursuit Veh. 4 -Door Sed. 4. 3/4 T Cab & Chassis w/ Utility Body 5. 1 -Ton Cab & Chassis w/ Utility Body 6. 1/2 -Ton Eco. Pickup Truck 7. Pickup Light Duty 5 /8-Ton 8. Pickup Light Duty 3/4 -Ton 9. Sewer Clean 10. Dump Truck 11. Equ f ip. Trai. Mod. 16500 13'6" - 2" 12. Equip. Trai. Mod. 12,000 12 -75 Mrs. Park seconded the motion. $10,621.00 8,702.87 11,747.00 Graff Vandergriff Payton-Wright 12,561.00 Graff 13,608.00 8,520.00 9,486.07 11,095.00 43,273.00 21,619.00 7,050.00 2,950.00 Graff Graff Vandergriff Payton - Wright J. WMS Chev. Graff Clifton Metal Clifton Metal Ayes: Mr. Sternfels, Mrs. Park, Messrs. Eden, Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. ITEM NO. 10: CONSIDERATION OF BID AWARD FOR LANDSCAPE PARTITIONS Mr. Sternfels moved to approve the low bid of $26,185.25 from Dallas Office Service for landscape partitions for the Municipal Office and Public Safety Building, in accordance with Staff's recommendation. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Eden, Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. 196-205 Euless City Council Regular Meeting October 28, 1986 - Page Nine ITEM NO. 11: CONSIDERATION OF BID AWARD FOR REPAINTING STORAGE TANK ON NORTH MAIN STREET Mr. Sternfels moved to approve the low bid of $102,000 from B. Brothers, Inc, Helores, Texas, for repainting of the 1.0 m.g. water storage tank on North Main Street, in accordance with Staff's recommendation. Mrs. Park seconded the motion. Ayes: Mr. Sternfels, Mrs. Park, Messrs. Eden, Ozebek and Walker Nays: None Mayor Samuels declared the motion carried. STAFF REPORTS ITEM NO. 12: CITY MANAGER'S REPORT Mr. Sustaire stated that he had nothing further to report. ITEM NO. 13: CITY SECRETARY'S REPORT The minutes of the regular City Council Meeting October 14, 1986, were approved as written. ITEM NO. 14: CITY ATTORNEY'S REPORT Mr. McFarland stated that he had nothing further to report. ITEM NO. 15: CITY ENGINEER'S REPORT Mr. Knight stated that he had two items he would like to bring to the Council's attention: 1986 --2(J6 Euless City Council Regular Meeting October 28, 1986 - Page Ten ITEM 15: CITY ENGINEER'S REPORT (Con.) A. Authorization is needed for the City to have a four -way blinking red light designed to control the dangerous inter- section at Glade Road and Main Street. Mr. Knight recom- mended that he be allowed to negotiate with a company to install the blinking light at Glade Road and Main Street. Mr. Eden moved to approve on an emergency basis authorization to the City Engineer to negotiate for a blinking red light at the intersection of Glade Road and Main Street., not to exceed $10,000. Mr. walker seconded the motion. Ayes: Messrs. Eden, walker, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. B. Mr. Knight stated that some owners of houses that back up to North Main Street on the west side in Northgate and Chelsea Park Additions have complained about. the height of the sidewalk with respect to the top of their fences, since this section was filled during road work. The top of the fence is above the elevation of the sidewalk, but in some cases it's only above the sidewalk by about 30 inches. There is approx- imately 800 feet of fence where this problem exists in varying degrees. The difference in elevation for about 700 feet runs between 2 -1/2 and 4 -1/2 feet, with an additional 100 feet that is between. 4 -1/2 and 6 feet difference. All of the existing fences are six -foot wood fences. This past week an automobile jumped the curb and ran through one of the fences. Mr. Knight stated that the people that had contacted him requested that the City consider affording them some degree of privacy which they feel they had prior to the roadway construction. Mr. Knight stated that the only alternative that he saw was the construction of a higher fence, but we are limited by an ordinance to a maximum of an eight -foot fence. This would not afford the owners privacy where the fence is only 30 inches higher than the sidewalk. If an additional two -feet were added, that still would only afford the owner a 4 -1/2 foot fence, which is not going to allow them full privacy. 1986- -207 Euless City Council Regular Meeting October 28, 1986 - Page Eleven ITEM NO. 15: CITY ENGINEER'S REPORT (CON.) Mr. Knight further stated that the street comes within approximately four to five feet of the property lines at this time, and then slopes down on a very steep slope to the fence lines. Another alternative would be to build a vertical retaining wall and put the fence on top of the retaining wall. This was discussed in the design phase of the project, and it was determined that all the homeowners would probably not agree to take the fence down for the time needed to construct the retaining wall. At the time the developer platted the subdivisions, he dedicated an additional right - of -way and the fences were set back approximately 20 feet from the edge of the pavement, and the problem was not created. until the City constructed the improved roadway section and brought the roadway much nearer to the fences. The City did not have the grade established for the roadway at the time the houses were built. Mayor Samuels stated that this problem would be considered by the Council and a possible solution obtained. ITEM 16: CITY COUNCIL REPORTS There were no additional comments by the City Council. ADJOURNMENT Mayor Samuels announced that an Executive Session would be held with the City Attorney in the Conference Room of the Municipal Building after a five- minute recess, and asked if there were any further comments from the audience. There being none and no further business, the meeting was adjourned at 9 :55 p.m. APPROVED: A Harold D. Samuels, Mayor ATTEST: Kay Rainey, City SeCreta.ry