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HomeMy WebLinkAbout1987-02-10MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL February 10, 1987 CALL TO ORDER I 937 -0 30 A regular meeting of the Euless City Council was called to order at 810 p.m., on Tuesday, February 10, 1987, in the Council Chambers of the Euless Municipal Building, by Mayor Harold D. Samuels. Those present were Councilmembers Bob Eden, Ray Ozebek, Ron Sternfels, Glenn D. Walker and Mayor Pro Tem Carolyn Park. Staff Members Present W. M. Sustaire, City Manager Bob McFarland, City Attorney James Knight, City Engineer Lynn Shackelford, Director of Admin. Services Rosemary Gafford, Deputy City Secretary Visitors David Leary Ron Gilliam William Peifer Julian Graham Lewis Lowe and other interested parties PLEDGE OF ALLEGIANCE Councilman Ray Ozebek lead the pledge of allegiance. INVOCATION The invocation was given by Mayor Pro Tem Carolyn Park. 1987-031 Euless City Council Regular Meeting February 10, 1987 - Page Two NEW BUSINESS ITEM NO. 1: CONSIDERATION OF PLATTING NO. #P-87-02 Mr. Eden moved to approve Platting #P-87-02, a combined prelimi- nary and final plat of the White Addition located on the north side of S.H. 10, east of F.M. 157 and west of Ector Drive, in accordance with the recommendation of the Planning and Zoning Commission and subject to Jim MoKannes letter dated January 27, 1987. Mrs. Park seconded the motion. Ayes: Mr. Eden, Mrs. Park, Messrs. Ozebek, Walker and Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 2: CONSIDERATION OF ORDINANCE NO. 920 Mr. Ozebek moved to declare an emergency and approve on first and final reading Ordinance No. 920, authorizing the City of Euless, Texas, the grant of a variance to such requirement of installa- tion and maintenance of automatic sprinkler systems upon altera- tion, repair or enlargement of certain occupancies existent and in use at time of establishment of such requirement, which variances would be upon such conditions as might be establised by the Euless City Council. Mr. Walker seconded the motion. Ayes: Messrs. Ozebek, Walker, Eden, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM NO. 3: CONSIDERATION OF RESOLUTION NO. 87-641 Mr. Walker moved to approve Resolution No. 87-641 allowing a limited three-year variance to the requirement and maintenance of an automatic fire sprinkler system to The Restoration Church of Euless, and to no other user or occupant of the premises situated at 80 Wilshire Village Shopping Center in the City of Euless, Texas, and does not apply to any renovations or alterations after April 1, 1987. Mr. Ozebek seconded the motion. Ayes: Messrs. Walker, Ozebek and Eden Nays: Mrs. Park and Mr. Sternfels Mayor Samuels declared the motion carried. 1987-032 Euless City Council Regular Meeting February 10, 1987 -- Page Three ITEM NO. 3: CONSIDERATION OF RESOLUTION NO. 87 -641 (Con.) (City Secretary's Note:) Mr. Sternfels expressed his continued, concern for not only the safety of citizens within the building, but also fire personnel, because the building is basically of poor construction, and based upon the Fire Department's memoran- dum of January 15, 1987, stating that the amendment to the fire code was for the added benefit of protection of life for occu- pants and a margin of safety for fire- fighting personnel. Mrs. Park stated that she did not want to be a detriment to the growth and function of the Church, and very often it is difficult for Councilmembers to make decisions in the best interest of its citizens; but, the Amended Fire Code came into being with the citizens' safety in mind and she dislikes seeing any variances upon the Code. Mr. Eden stated that he would not have been in favor of the change, except that the building is existing and the Church was just caught by a change in the ordinance recently. Mr. Lewis Lowe, 1101 Johns, Euless, Texas, explained that the sprinkler system will only put out a fire below the ceiling level. The church is located in a strip -type shopping center where the walls and basically everything below the ceiling is of fireproof material. The tar roofs will be the major problem in case of fire; and in this particular case, the sprinkler system is really not beneficial at all. Mr. McFarland stated that the ordinance would become effective ten days after publication by the City Secretary's office, and the City will deliver the variance to the Church soon after the effective date. ITEM NO. 4: CONSIDERATION OF RESOLUTION NO. 87 -642 Mr. Walker moved to approve Resolution No 87-642 ordering an election of officers for the City of Euless, Texas, to be held on Saturday, April 4, 1987, for the purpose of electing one Council- - member for Place Two, one Councilmember for Place Four, and one Mayor. Mr. Eden seconded the motion. Ayes: Messrs. Walker, Eden, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. 11987 -033 Euless City Council Regular Meeting February 10, 1987 -- Page Four ITEM NO. 4A: CONSIDERATION OF COUNCIL QUALIFICATIONS AND ELIGIBILITY City Attorney Bob McFarland announced that this item was being passed over since, after legal research, there was no need for a resolution stating qualifications and eligibility regarding candidates for the election in April. ITEM NO. 5: CONSIDERATION OF RESOLUTION #87 -643 Mr. Eden moved to approve Resolution 487 -643 providing for a joint election of the City of Euless, Texas, and the Hurst - Euless - Bedford Independent School. District on April 4, 1987. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM NO. 6: CONSIDERATION OF RESOLUTION #87 -644 Mr. Sternfels moved to approve Resolution #87 -644 appointing an Absentee Ballot Board for the election to be held Saturday, April 4, 1987. Mr. Ozebek seconded the motion. Ayes: Messrs. Sternfels, Ozebek, Eden, Walker and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM NO. 7: CONSIDERATION OF RESOLUTION #87 -645 Mr. Walker moved to approve Resolution 487 -645 recommending adoption of legislation for the reform of tort law governing the character and amount of damages that may be awarded against municipalities in Texas. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Ozebek, Eden and Mrs. Park Nays: None Mayor Samuels declared the motion carried. i 981- 034 Euless City Council Regular Meeting February 10, 1987 - Page Five ITEM NO. 8: CONSIDERATION OF RESOLUTION #87-646 Mr. Walker moved to approve Resolution *87-646 recommending that the Texas State and United States Legislature create a special category prohibiting the sale or gift of dangerous drugs to minors by adults. Mr. Eden seconded the motion. Ayes: Messrs. Walker, Eden, Ozebek, Sternfels and Mrs. Park Nays: None Mayor Samuels declared the motion carried. ITEM NO. 9: CONSIDERATION OF RESOLUTION #87-647 Mr. Walker moved to approve Resolution #87-647 authorizing the City of Euless, through its City Attorney, to institute suits in District Court for injunctive relief or civil penalit.ies or both, as authorized by Sec. 26.124 of the Texas Water Code, against the party who committed or is committing or is threatening to commit a violation of Sec. 26.121 of the Texas Water Code, regarding hazardous materials. Mrs. Park seconded the motion. Ayes: Mr. Walker, Mrs. Park, Messrs. Qzebek, Eden and Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 10: PUBLIC HEARING FOR PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR FISCAL YEAR 1987-1988 Mayor Samuels explained the public hearing process and opened the public hearing for the Proposed Community Development Block Grant Project for Fiscal Year 1987-1988, a request of the City of Euless. Rod Tyler, Senior Planner for the City of Euless, represented the City in its request for the reconstruction of a portion of Collin Drive located in Midway Park Addition. This project consists of replacing the existing curb and gutter, upgrading the subgrade, and providing a new driving surface on Collin Drive between Denton Drive and Travis Drive. This section of Collin Drive has been distressed due to the recent installation of a storm drain- age system. Elliott & Hughes Engineers, Inc., estimated con- struction costs to be $101,299.50. 1987-035 Euless City Council Regular Meeting February 10, 1987 - Page Six ITEM NO. 10: PUBLIC HEARING FOR PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR FISCAL YEAR 1987-1988 (Con.) Mr. Tyler stated that. the Tarrant County Mayors Council will meet to determine the ranking of each city's projects, which will subsequently determine the amount of CDBG funds that will be available for each project. The remainder of the project costs are to be made up by the City. This proposal has $91,170.00 (90 percent) of this project being funded by CDBG and the remaining $10,129.50 (10 percent) being funded by the City. Mayor Samuels asked if there were any other proponents to the proposed Community Development Block Grant proposal. There being none, he asked if there were any opponents to the zoning request. There being none and no further questions from the Council, the public hearing was closed. Mr. Walker moved to approve the proposed Community Development Block Grant proposal for Fiscal Year 1987-1988 as presented. Mr. Ozebek seconded the motion. Ayes: Messrs. Walker, Ozebek, Eden, Sternfels and Mrs. Park Nays None Mayor Samuels declared the motion carried. ITEM NO 11: CONSIDERATION OF CHANGE ORDER NO. ONE FOR WESTPARK WAY AND EAST PIPELINE ROAD SIGNALIZATION City Attorney Bob McFarland reported that a developer previously had agreed to make a $30,000 contribution toward. the City's cost for signalization at Westpark Way and East Pipeline Road, upon approval of a plat for opening a street into Euless. Since the contribution was never made, the matter was turned over to the City Attorney's office and he has been negotiating with the developer. The developer has a refinancing program that should be in place within the next 60 days, and a letter from the president of the company has been received by the City Manager indicating that they will make that contribution within 60 days. Mr. Knight stated that the original design for the signalization did not include protection loops, and was originally set to function essentially as a fixed-time signal device rather than on a demand system. By adding the loops and a signal head, there will be a demand from all directions, and the signal head will accommodate a left turn movement. The cost submitted by the contractor for the change order is slightly more than $30,000. 1987-026 Euless City Council Regular Meeting February 10, 1987 - Page Seven ITEM NO. 11: CONSIDERATION OF CHANGE ORDER NO ONE FOR WEST - PARKWAY AND EAST PIPELINE ROAD SIGNALIZATION (Con,) Mr. Sternfels asked if the City would lose all their investment. Mr. Knight stated that the loops buried in the road surface will have to be redone, but the City would not suffer a total loss. Mr. Ozebek moved to approve Change Order No. One reflecting additional traffic detection of one - fourth .inch ducts for de- tector loops and a signal head for traffic signalization at Westpart Way and East Pipeline Road. Mr. Walker seconded the motion. Ayes: Messrs. Ozebek, Walker, Sternfels, Eden and Mrs. Park 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, but wanted to comment upon the traffic study report received today. He alerted the Council to the fact that highway improvements will be going through our City, and access to highway road systems is highly important. Currently, we do not have good access to Highway 183, we will not have good access to Highway 360, and there is a possibility that when S.H. 157 is improved, we won't have good access to that highway, unless we start working with the State Highway Department while they are making changes and plans. Mr. Sustaire suggested that during the City's next worksession the Council consider employing a consultant to work with the Council, Staff and the Highway Department in trying to establish accesses. He feels the City needs professional help, because we don't. have the expertise in -house or on -staff that can handle and keep communications going between the Texas Highway Department to obtain the City's needs. It is critical that the City has access to major roadway systems within our City, because if property within Euless does not have ingress; egress to major highways, property will not develop, especially commercial businesses that produce sales taxes. 1987 037 Euless City Council Regular Meeting February 10, 1987 - Page Eight ITEM NO. 13: CITY ATTORNEY'S REPORT Mr. McFarland stated that he had nothing further to report, but emphasized the need for the City of Euless to coordinate with the State Highway Department and used the Cities of Arlington and Grand Prairie as examples of bad coordination in planning Hwy. 360. The two cities agreed to assist in funding for major interchanges and on/off ramps with respect to principal loop roadways that would be coming north out of Grand Prairie and Arlington and meet at Hwy. 360. Arlington changed the location of its road and forgot to tell Grand Prairie and the State Highway Department; therefore, when the two roads met at Hwy. 360, the two roads did not meet, and there is no way to get on and no way to get off the highway. ITEM NO. 14: CITY SECRETARY'S REPORT A. Mrs. Park moved to approve appointment of George W. Zahn to fill the vacancy on the Planning and Zoning Commission left by the resignation of William T. Engle, Jr., with reappoint- ment due in 1988. Mr. Ozebek seconded the motion. Ayes: Mrs. Park, Messrs. Ozebek, Eden, Sternfels and Walker Nays: None Mayor Samuels declared the motion carried. B. The minutes were approved and signed as written. ITEM NO. 15: CITY ENGINEER'S REPORT Mr. Knight stated that he had nothing further to report. ITEM NO. 16: CITY COUNCIL REPORTS Mr. Sternfels stated that he was very pleased with the signs designating "no dumping" and "no motorized vehicles" that were erected in South Euless Park, and suggested that it would be nice to have a sign erected designating the name of the park. 1987-038 Euless City Council Regular Meeting February 10, 1987 - Page Nine ADJOURNMENT Mayor Samuels asked if there were any further comments from the Council or audience. There being none and no further business, the meeting was adjourned at 9:02 P.M. ATTEST: — / Kay Rainey, City SeOretAry APPROVED: .04 „ Harold D. Samuels, Mayor