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HomeMy WebLinkAbout1981-10-13 195 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL ON OCTOBER 13, 1981 CALL TO ORDER A regular meeting of the Euless City Council was called to order at 8:15 P.M. , October 13, 1981 , in the Council Chambers of the Euless Municipal Building, by Mayor Pro Tem Willie Mae McCormick. Councilmen present were Glenn Walker, Robert Pippin, Ron Sternfels , and Bob Eden, who arrived at 8:30 P.M. Mayor Samuels was absent. Staff Members Present W. M. Sustaire, City Manager Bob McFarland, City Attorney James Knight, City Engineer Kay Rainey, City Secretary Visitors Present Don Perkins William R. Vestal Bruce French Ron Haynes B. J. Whitley Keith E. Wallace Sam Huston Fran Powers Steve Crim Tim Mathews Joe Howell Paul Spain INVOCATION The invocation was given by Councilman Glenn Walker. APPROVAL OF MINUTES The minutes of a called meeting on September 22, 1981 , a regular meeting on September 22, 1981 , and a called meeting on September 29, 1981 , were approved as written. 196 Euless City Council Regular Meeting - October 13, 1981 - Page Two ITEM I : SECOND AND FINAL READING OF ORDINANCE NO. 683 Mr. Pippin moved to approve second and final reading of Ordinance No. 683, regarding amending Ordinance No. 18, and modification of the definition of terms "Service Lines" and "Yard Lines" referenced in Section 4 thereof, for Lone Star Gas Company. Mr. Walker seconded the motion. Ayes : Messrs . Pippin, Walker, and Sternfels , and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. ITEM II : SECOND AND FINAL READING OF ORDINANCE NO. 684 Mr. Walker moved to approve second and final reading of Ordinance No. 684, regarding the provision of updated service credits and increases in annuitants in the Texas Municipal Retirement System. Mr. Sternfels seconded the motion. Ayes: Messrs . Walker, Sternfels , and Pippin, and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried . ITEM III : SECOND AND FINAL READING OF ORDINANCE NO. 685 Mr. Sternfels moved to approve second and final reading of Ordinance No. 685, regarding Zoning Case No. 351 , for a change of zoning from "R-1 " Single Family Dwelling District to "PD" Planned Development for Single Family Attached Dwelling District on portion of B. Harrington Survey, A-808, located south of Glade Road and west of Baze Drive. Mr. Walker seconded the motion. Ayes : Messrs . Sternfels , Walker, and Pippin, and Mrs. McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried . 197 Euless City Council Regular Meeting - October 13, 1981 - Page Three blow ITEM IV: CONSIDERATION OF RESOLUTION NO. 511 Mr. Pippin moved to appoint Mr. Herbert Leach to serve as the representative for the City of Euless on the Tarrant County Tax Appraisal District for 1982, by approval of Resolution No. 511 . Mrs. McCormick seconded the motion. Ayes : Mr. Pippin, Mrs . McCormick, and Messrs. Walker and Sternfels Nays : None Mayor Pro Tem McCormick declared the motion carried. ITEM V : CONSIDERATION OF RESOLUTION NO. 512 Mr. Walker moved to approve Resolution No. 512, which reflects the support of the City of Euless for participation in Tarrant County' s Community Development Block Grant Program for the period beginning on July 17, 1982, and ending July 16, 1985. Mr. Sternfels seconded the motion. Ayes : Messrs . Walker, Sternfels , and Pippin, and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. ITEM VI : CONSIDERATION OF CALLING A PUBLIC HEARING Mrs . McCormick moved to call a Public Hearing on November 10, 1981 , to receive public comments and input for proposed uses and participation of the City of Euless in Tarrant County' s Community Development Block Grant Program. Mr. Walker seconded the motion. Ayes : Mrs . McCormick, and Messrs . Walker, Sternfels , and Pippin Nays : None Mayor Pro Tem McCormick declared the motion carried. 3 198 Euless City Council Regular Meeting - October 13, 1981 - Page Four ITEM VII : CONSIDERATION OF CALLING A PUBLIC HEARING Mr. Walker moved to call a Public Hearing for Zoning Case No . 355, a request of Bob Eden, for a change of zoning from "R-1 " Single Family Dwelling District to "C-2" Community Business District and "R-3" Multi- Family Dwelling District on portion of Tract 2, G. Linney Survey, located east of SH 157 and north of Ash Lane, for the date of November 10, 1981 . Mr. Pippin seconded the motion. Ayes : Messrs . Walker, Pippin, and Sternfels , and Mrs . McCormick Nays : None Abstentions : Mr. Eden Mr. Eden arrived at 8:30 P.M. , during the process of this motion; however, abstained from voting due to personal interests . Mayor Pro Tem McCormick declared the motion carried. ITEM VIII : CONSIDERATION OF APPOINTMENT Mr. Sternfels moved to approve the appointment of Sonja Adams for a one year term beginning September 1 , 1981 , and ending August 31 , 1982, as Lay Representative for the City of Euless Public Library to the Texas State Library Board. Mr. Pippin seconded the motion . Ayes : Messrs . Sternfels , Pippin, Eden, and Walker, and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. ITEM IX: CONSIDERATION OF A CERTIFICATE OF CONVENIENCE City Attorney Bob McFarland informed the City Council that Mr. Jim Morgan, of Arlington Car Rental & Leasing Company, d/b/a Texas Gold Tours, had requested that this item be tabled until the next meeting on November 10th, to allow time for his submission of certain documents to the City Council . Mr. Pippin moved that this item be tabled until November 10, 1981 . Mr. Walker seconded the motion . Ayes : Messrs . Pippin, Walker, Eden, and Sternfels , and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. 199 Euless City Council Regular Meeting - October 13, 1981 - Page Five *Env ITEM X: PUBLIC HEARING ON ZONING CASE NO. 349 Mayor Pro Tem McCormick opened the Public Hearing on Zoning Case No. 349, a request of Paul Spain for a change of zoning from "R-1 " Single Family Dwelling District to "C-1 " Neighborhood Business District and "R-3" and "R-5" Multi-Family Dwelling District with "CUD" for Conforming Housing on Tract 4, S. Tucker Survey, A-1512, located east of Fuller-Wiser Road and north of proposed extension of Cheek Sparger Road. Mr. Paul Spain, Terra International , Inc. , 16990 Dallas Parkway, Suite 151 , Dallas , Texas , 75248, presented the request for zoning change. He informed the Council that Terra International is the owner of the subject property, and reviewed the current status of the surrounding property in the area. He stated the property drops approximately twenty-five feet from the northwest corner to the southwest corner, and that two large electrical towers are located on the tract. Mr. Spain outlined the "C-1 " Neighborhood Business District in the southwest corner, which would include five acres . He further stated that they had originally proposed a three-hundred foot buffer zone on the west, with twelve units per acre, amounting to approximately thirty-five units on this three acres in the northwest corner; and an original proposal of "R-5" density on the remaining seven acres . This would have amounted to one hundred sixty-nine total units . The Planning and Zoning Commission requested Terra International to consider making an overall density of "R-4," with "R-3" density limited to the frontage on Fuller-Wiser Road, and Terra t.. International agreed to this arrangement. Terra International also agreed to the Noise Zone B construction standards as printed in the recent noise study, and to the avigation easement. Mr. Sternfels asked what distance was between the northeast corner of the tract and the proposed right-of-way of Highway 360. Mr. Spain said it was approximately three hundred to four hundred feet. He further stated that E-Systems Trust Pension Plan is the current owner of the property that abuts this corner and wraps around it. Mayor Pro Tem McCormick asked if there were any other proponents of the zoning case. There being none, she asked if there were any opponents to the zoning case. There being none, she asked if there were any questions or discussion of the Council . There being none, she declared the Public Hearing closed. Mr. Eden inquired if there were any problems with the density or building heights in regards to the noise levels in this area . Mr. McFarland advised that Terra International had agreed to build with the suggested noise buffers as defined in the noise study. He further stated that there is no policy decision in this regard, and that it is a voluntary condition that the developer has agreed to. 200 Euless City Council Regular Meeting - October 13, 1981 - Page Six r... Mr. Sternfels moved to approve the request for zoning change in accordance with the recommendations of the Planning and Zoning Commission, with the reduced density of one-hundred sixty units, and with the aviga- tion easement. Mr. Eden seconded the motion. Ayes : Messrs . Sternfels , Eden, Pippin, and Walker, and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. ITEM XI : PUBLIC HEARING ON ZONING CASE NO. 354 Mayor Pro Tem McCormick opened the Public Hearing on Zoning Case No. 354, a request of Tim Mathews for Nash-Phillips-Copus Company for a change of zoning from "CUD" Conforming Housing with "SP" Special Permit for Variable Housing to "PD" Planned Development for apartments with reduced yards and parking in front yard, on Lot 27 , Block E, and Lot 1 , Block F, Woodcreek Addition. Mr. Tim Mathews , Nash-Phillips-Copus Company, Post Office Box 14508, Austin, Texas , 78761 , presented the request for zoning change. He stated this is the company' s first endeavor in the Dallas-Fort Worth Metroplex Area . They have coordinated with Lomas and Nettleton on the property, and have provided a site plan for the Council ' s review tonight. They have been before the Planning and Zoning Commission to amend the current zoning. The sideyard setbacks and the distance between buildings have been reduced. There is a park in the back of the proposed buildings , so they are proposing that the parking and trash pickup locations be in the front. The front parking would be screened with a three-foot tall berm and two-foot tall shrubs . This would restrict the view between the street and the parking lot, and thereby prevent the parking lot from taking away from the attractive appearance of the project. Mr. Mathews explained the dumpster locations and distributed drawings reflecting the berms , shrubbery, and dumpsters. He stated that the Planning and Zoning Commission had voiced three main concerns with the project: ( I ) screening of the dumpsters ; (2) screen- ing of the front parking; and (3) the sideyard setbacks . He advised that they had attempted to remedy these situations . The sideyard setbacks are a minimum of twenty-two feet between buildings , from wall to wall . Mr. McFarland asked if the company would have any problem with limiting their buildings to two-story in compliance with the Fire Marshal 's memorandum of October 7, 1981 . Mr. Mathews stated this would be no problem and they would be happy to comply with this request. 201 Euless City Council Regular Meeting - October 13, 1981 - Page Seven law Both Mr. Eden and Mr. Pippin expressed concern about the Fire Marshal ' s memorandum, and agreed that the two-story height limitation should solve any problems that could occur regarding fire safety. Steve Crim, Lomas and Nettleton, Dallas , Texas , presented some additional facts regarding the zoning case. He pointed out that the property was originally zoned "CUD" with fifty-five acres, at twenty- four dwelling units per acre, which would total over thirteen hundred dwelling units on this tract. The property has developed with a total reduction of forty-four percent, from thirteen hundred twenty dwelling units to seven hundred twenty-eight dwelling units . Mr. Mathews has come forward with a proposal that would further reduce the units to seventeen units per acre. He stated that the only reason it has been necessary to come before the Planning and Zoning Commission and City Council is for the yard setbacks and the parking design in the front of the buildings . He explained the reasoning for placing the parking in the front, leaving the park in the rear free of this view. The lot lines have become a problem because they have designated individual lots for sale to individual owners . If they had proceeded with typical apart- ments at this location, they would not have the lot line problem. Mr. Crim further explained that a property management firm will be responsible for the lawn upkeep and general exterior appearance and maintenance of the buildings . Mr. Pippin expressed concern for a traffic hazard that might be created due to the waste disposal trucks making pickups for trash. It appears they would have to back in and out of the dump site, onto the public street, and this could cause a hazard also to children in the area. Mr. Mathews suggested that perhaps the trash pickups could be made during non-peak traffic hours , and further stated that they agreed it is a problem, and would be happy to hear of any suggestions to improve the situa- tion. He inquired if possibly trash cans could be used instead of dumpsters . Mr. Knight commented that the trash could be treated as in any residential neighborhood, by simply setting the trash cans or bags in a designated area for pickup. After general discussion, it was agreed that trash bags would be utilized, and placed in the areas already designed for the dumpster sites , and that the area would be properly shielded from view by attractive shrubs and/or fencing, leaving a walkway for the trash pickup personnel to carry out their duties . Mr. McFarland pointed out that the property management association would be responsible by restrictive covenants of record which would carry with the property, to ensure the proper maintenance and upkeep of the trash sites , grounds and exterior maintenance of the project. Mr. Mathews agreed this would be done. 202 Euless City Council Regular Meeting - October 13, 1981 - Page Eight �.. Mr. Pippin asked if any consideration had been given to the parking of boats , trailers , and other recreational vehicles . Since there are only two designated parking spaces per living unit, this allowed no extra parking for such items . He asked if a particular area could be designated for this type parking. Mr. Mathews stated there simply was no room to designate a particular area, but they could put a requirement that no such parking be allowed, and outline this in their restrictive covenants . Mr. McFarland informed the participants that the City's ordinances covering this type parking on the street could be regulated as parking on any other street within the City. If the residents began to park such vehicles on the street, the Police Department would have the authority to proceed with their twenty-four hour parking regulations. Mayor Pro Tem McCormick asked if there were any additional proponents for the zoning case. There being none, she asked if there were any opponents to the zoning case. There being none, she asked if there were any further questions or discussion of the Council . There being none, she declared the Public Hearing closed. Mr. Sternfels commented that he felt the City Council was being ... pushed to their limit to agree to the number of variances in this zoning case : the masonry percentage reduction, the sideyard setbacks, the distance between buildings , the trash dumpsters , and the parking in the front of the buildings . Mr. Eden said that the two-story limitation should take care of the Fire Marshal ' s request, and the dumpsters have been done away with. The distance between the buildings , being limited to two-story, should not be a fire safety hazard. He said he had no problem accepting the back yard exception due to the park location. Mr. Eden moved to approve Zoning Case No. 354 as recommended by the Planning and Zoning Commission, omitting the special conditions outlined in their motion regarding dumpster screening; with the special condition that the buildings be limited to two-story dwellings ; that no dumpsters be utilized at the project; that the three-foot berm and two- foot shrubs be provided to screen the front parking lot from the street view. Mr. Pippin asked what kind of wood trim would be provided. Mr. Mathews stated it would be a masonite product, wood stained, and the upkeep would be provided by the property management association. He further stated there would be some cedar type trim for the window insets . Mr. Walker stated that he was also concerned with this exterior wood surface. 203 Euless City Council Regular Meeting - October 13, 1981 - Page Nine Mr. McFarland remarked that the Council ' s concern seemed to be that the exterior paint surfaces would deteriorate after a period of time, when the ownership of the buildings would change, and the owner' s tax shelter might decline. He further commented that the City would have the same type of problem as they would on a residential home for which the owner would not properly maintain the exterior surfaces. Mr. Walker seconded the motion. Mr. Pippin pointed out that the residential homeowner neighbor- hoods seem to maintain the upkeep of their paint surfaces better than the apartment neighborhoods . Mr. Sternfels asked Mr. Mathews if they would consider going to an eighty percent masonry surface. Mr. Mathews said they would, but it would not reflect that much of a change, since the twenty percent difference is mainly taken up with gables, window sills , et cetera. Mr. Sternfels added that going to the eighty percent masonry would make one less variance for the City Council to consider. Mr. Mathews stated that was true; it would be one less variance, and they would consider it. Mayor Pro Tem McCormick remarked that there was a motion and a second, and asked for any further discussion or questions . There being none, the City Council voted. Ayes : Messrs . Eden and Walker, and Mrs . McCormick Nays : Messrs . Pippin and Sternfels Mayor Pro Tem McCormick stated there were two nays and three ayes ; that the Planning and Zoning Commission had approved the zoning case; there- fore, Zoning Case No. 354 was approved subject to the conditions outlined in the City Council meeting this date. ITEM XII : CONSIDERATION OF A JOINT RESOLUTION Bob McFarland informed the City Council and the audience that the Joint Resolution to be considered was to realign the boundary lines between the City of Euless and the City of Fort Worth. He stated the original boundary line was based on the location of a creek that has since changed its course. The Fort Worth City Council will vote on the joint resolution at their next meeting . This boundary line adjustment should better "square up" the boundary line between the two cities. 204 Euless City Council Regular Meeting - October 13, 1981 - Page Ten Mr. Pippin moved to approve the Joint Resolution between the City of Euless and the City of Fort Worth regarding realignment of common city limit boundary lines through the proposed Huie Addition to the City of Euless . Mr. Eden seconded the motion. Ayes : Messrs . Pippin, Eden, Walker, and Sternfels , and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. XIII : CONSIDERATION OF AUTHORIZING CITY MANAGER TO PROCEED WITH BIDS Mr. Sternfels moved to authorize the City Manager to proceed with the taking of bids for preparation of plans for the Fire Station No. 3 construction site. Mr. Pippin seconded the motion. Ayes : Messrs . Sternfels , Pippin, Walker, and Eden, and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. XIV: CONSIDERATION OF A MINUTE ORDER TO AUTHORIZE CITY MANAGER TO PROCEED WITH PLACING OF FUNDS WITH TRINITY RIVER AUTHORITY Mr. Eden moved to authorize the City Manager to proceed with placing funds with the Trinity River Authority to prepare plans for four metering stations and construction of extension of Line GV-7. Mr. Walker seconded the motion. Ayes : Messrs . Fden, Walker, Pippin, and Sternfels , and Mrs . McCormick Nays : None Mayor Pro Tem McCormick declared the motion carried. 205 Euless City Council Regular Meeting - October 13, 1981 - Page Eleven rum ITEM XV: CITY ATTORNEY'S REPORT Mr. McFarland stated he had nothing to report. ITEM XVI : CITY ENGINEER'S REPORT Mr. Knight stated he had nothing to report. ITEM XVII : COMMENTS Mr. Pippin thanked the City Manager for getting tall grass and weeds mowed throughout the city, especially at traffic intersections . Mrs . McCormick announced the meeting that will be conducted by State Representative Charles Evans on October 15, 1981 , at 7:30 P.M. , in the City Council Chambers , to explain the upcoming Constitutional Amendments to be voted on November 3rd. Mrs. McCormick commented on the letter received from Mr. Jack Sparks, Vice President of Fort Worth Mortgage Corporation, 2626 West Freeway, Fort Worth , Texas . The letter of September 24th commended �,,.. James Knight, Becky Null , and Debbie Cottle for their assistance to his company regarding the Airport Business Park Addition in Euless . ITEM XVIII : PRESENTATION OF THE COUNCIL FOR SOCIAL CONCERNS Mr. William Vestal , Chairman for the Council for Social Concerns, addressed the City Council . Also in attendance was their Vice Chairman, Bill Whitley, and their Secretary, Fran Powers . Mr. Vestal stated they wish to undertake a project to change negative attitudes to positive. attitudes . They plan to pin buttons on persons who exhibit a positive and helpful attitude to others , and have proposed a slogan of "Let' s Change It." Mr. Vestal read aloud a letter addressed to the Council for Social Concerns from Ms . Ann Terry, Secretary to Carol Burnett. The letter commended the group for their project and wished them the best of luck with it. Mr. Vestal stated they would like to publicize the endeavor through newspaper, radio, and possibly television coverage. He said he had already spoken with Mayor Samuels, and the Mayor supports the project. Mr. Pippin told Mr. Vestal that they also have the City Council 's support, and the City Councilmembers agreed. Mrs . McCormick assured Mr. Vestal that anything that helps the community will be supported by the City Council , and she wished them well with their project. 206 Euless City Council Regular Meeting - October 13, 1981 - Page Twelve r.. ITEM XIV: COMMENTS Mrs . McCormick recognized Don Perkins in the audience and welcomed him to the meeting. Mr. Perkins requested that repairs be made on Woodvine Drive at the corner. Ron Haynes commended the City Council on their progress with the Trinity River Authority lines in the northern part of the City. Mrs . McCormick recognized Mr. Sam Huston, with the Euless Planning and Zoning Commission, who was in the audience this meeting. ADJOURNMENT There being no further business before the City Council , the meeting was adjourned at 10:00 P.M. APPROVED: 744;Mt" 70/2(37 Willie Mae HrcCormi ck Mayor Pro Tem ATTEST: Alf° Kay / ey,