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HomeMy WebLinkAbout1978-06-13Regular Meeting Euless City Council June 13, 1978 CALL TO ORDER The regular meeting of the Euless City Counci 1 was cal led to order at 8: 05 p.m., in the Counci 1 Chambers of Euless City Hall by Mayor Harold Semuels. Other members present were Messrs. Raymond Ozebek, Charles Hunt, Glenn Walker, Robert P i p p i n , and Mrs. W i l l i e Mae McCormick. Also present were City Manager W. M. Sostai re, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer Greg Dickens, and Assistant City Manager John Lynch, IV. VISITORS Visitors in 'attendence were Messrs. San Cotten, Mike D'Angli, Al Jarrell, Gary N, Johnson, Rick Barnes, Roy L. Lee, and Mrs. Myrtle Hall. INVOCATION ,... The invocation was given by Mayor Harold Samuels, APPROVAL OF MINUTES The minutes of the regular meeting dated May 23, 1978, were approved as writ ten . FURTHER CONSIDERATION OF RATE INCREASE REQUESTED BY TEXAS POWER AND LIGHT COMPANY Mr. Gary Johnson, Manager of Texas Power and Light Company, read a list of the cities that have made some decision regarding the proposed rate increase request of Texas Power and Light Company. Mayor Samuels inquired if the rate, as approved by the Public Utility Commission, would be put into effect if a city could not approve an ordinance on two readings before June 26, 1978? Mr. Johnson stated the legislative time table expires on June 26th, so Texas Power and Light Company has no other choice than to put the rate into effect on all bills on or after June 26th? (Page Two, Regular Meeting, Euless City Council, June 13. 1978) Mr. Pippin inquired what date the Public Utility Commission ruled on the Irving case? Mr. Jarrell stated the interim order was issued on May 30th, the date the PUC confirmed the appeals hearing date of July 10th, and issued orders to Texas Power and Light to begin collecting the revised rate of $41.2 million as of June 1st. Mr. Hunt stated the Public Utility Commission has approved $41.2 million, and inquired if Mr. Johnson had the figure that the Touche -Ross study recommended? Mr. Johnson stated he did not. Mr. Pippin stated $35.017 million. Mrs. McCormick moved to accept the Public Utility Commission's ruling for a $41.2 million increase. Mrs. McCormick stated she would 1 ike the paragraph from the Mayor' s letter regarding the City of Irving, to be included in the minutes, The Public Utility Commtssionhas also struck down the Irving ordinance which would haee accomplished two things for Irving, had the PUC allowed it to stand. First, Irving approved a rate increase less than allowed by the Public Utility Commission, and second, the Irving, ordinance did not allow any increase or pass through for the fuel adjustment clause. I was told by the local TP &L manager, Gary Johnson, that TP &L would put the Irving rate into effect immediately by posting a bond with the PUC. Mayor Samuels stated__in the last ordinance that was approved, the Council included that if any other lower rates went into effect it would also be applicable to the City of Euless, and if the Council approves an ordinance, he thinks this should be included, Mrs. McCormick stated she would amend her motion to include that if any lower rates went into effect in any other city, it would be applicable to the City of Euless. The motion was made awaiting a second. Mrs. McCormick's motion died for lack of a second. Mr. Pippin inquired what action would be taken if the Council enacted the Touche -Ross recommendation? Mayor Samuels stated the ordinance would not (Page Thre?....ELagular Meeting, Euless City Council, June 23, 1978) go into effect until the Council approved it on second reading on June 27th, and the PUC rate would go into effect on June 26th. Mayor Samuels stated his recommendation is that the Council should take no action, if they are not inclined to concur with the PUC ruling. Mr, Hunt inquired if the City of Euless did not participate in the study made by Tduche -Ross? Mr. Sustaire stated yes, and Euless was listed in the PUC final order. Mr. Hunt inquired if &he $35.017 million recommended by Touche -Ross is not also the recommendation of the Texas Municipal League. Mr. Johnson stated that the Texas Municipal League hired Touche -Ross, INC., to make a study and that is what Touche -Ross recommended to the Public Utility Commission, Mr. McFarland stated Touche -Ross was hired as an intervener for the cities by the Texas Municipal League, and the $35.017 million was recommended to the Touche -Ross Company. Mr. Hunt stated that the amount recommended by Touche -Ross is too high a figure, but in -as -much as it is a lesser figure than the $41.2 million figure that the Public Utility Commission approved, he would move that the City Council concur with the Touche -Ross recommendation of $35.017 million, since the City actually supported and were a part of the study. Mayor Samuels stated our only concern is the citizens of Euless and we can't save the citizens any money, no matter what we do, because ultimately the citizens are going to pay the same amount for their electricity. Mr. Pippin stated that is conceding the point, that the City does not have original jurisdiction any more, He stated there were some definite questions brought up by the Touche -Ross report, but he w i l l second the motion. Mr. Hunt restated his motion as concurring with the Touche -Ross recommendation of $35.017 million, and he is of the opinion that it is an excessive amount, based on some of the previous testi- mony, but the City has participated in the Touche -Ross study, and if the City doesn't recognize their efforts, the City wasted their money, He stated the only reason he made the motion for this rate increase is because it is the lesser amount that the City might possibly be able to live with. (Page Four, Regular Meeting, Euless City Council, June 13, 1978) Mr. Walker stated Mr. Hunt made a good point in that the City did help pay for the study and we should take advantage of it He stated the City has taken advantage of it because it was used at the PUC hearing in Austin, and the PUC chose to deny the recommendation and granted a larger increase than the consultants came up with. He stated we have made our input and have been overruled and passing it now. is just wasted effort. He stated that the only thing he can see the City can do is to have a called meeting before June 26th approving the lesser rate on second reading and putting the rate into an appeal situation, otherwise on June 26th, the PUC rate w i l l go into effect. Mrs. McCormick stated that nobody wants to see the utilities go up and if she felt like the City could get less she would be for it, but as long as we have the Public Utility Commission we won't be able to get less of an increase than they have approved. Mayor Samuels inquired if the ordinance i s passed and i t is appealed, w i l l the City have legal fees in defending our position? Mr. McFarland stated it depends on if the City desires to appeal it or they can present it to the PUC on the basis of it being the City's choice, based on Touche -Ross recommendation or whether the City wants to present additional evidence at the time of the appeal. He stated that TP &L has legislative power to-pgt the rate into effect on June 26th, the City has authority on June 27th to repeal the rate TP &L was allowed to put into effect as a matter of statute, and replace it with the rate the City approves. He stated he would need to research it Mr. Ozebek stated he doesn't want to take any action on the matter because it has been taken out of the Council's hands, as TP &L is going to put the rate that the Public Utility Commission approved into effect on June 26th. After further discussion Mr. Pippin withdrew his second to Mr. Hunt's motion. Mr. Hunt's motion died for lack of a second. Mr. Pippin inquired the difference of operation between TP &L and TESCO? Mr. Johnson stated TP &L and TESCO have separate gas contracts for their independant generating plants, but when they begin to use the lignite plants and nuclear plants that are being b u i It together, they will be able to operate together. (Page Five,. Regular Meeting, Euless City Council, June 13, 1978) II. CONSIDER ORDINANCE NO. 546 AMENDING THE CITY'S SIGN ORDINANCE Mr. Ozebek moved to suspend the require- ment for two separate ordinance readings and approve Ordinance No. 546 on an emergency basis on first and final reading. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Pippin, Walker, Hunt Nays: None Mayor Samuels declared the motion carried. FURTHER CONSIDERATION CF UNDERGROUND UTILITIES Mr. Hunt moved to leave the present ordinance requiring underground utilities as it is. Mr. McFarland stated the present sub- division rules and regulations state that all utilities shall be underground. He stated he has prepared one ordinance that has the phrase " a l l u t i l i t i e s shall be underground" deleted, at the request of the staff, and one ordinance that deletes the underground utilities, but has added two paragraphs that have underground utilities under certain terms. Mr. Hunt's motion died for lack of a second. Mr. Ozebek moved to approve an ordinance on first reading deleting the requirement of underground utilities from the subdivision rules and regulations. Mrs. McCormick seconded the motion. Mr. Hunt stated he recognizes that the builders will notice that the incentive for underground utilities will continue, whether we have an ordinance or not, and a majority of the builders will install the utilities underground. He stated his main concern is that the ordinance has been in effect for a number of years and he would like to see it continue in effect. Mr. Pippin stated his opposition to deleting the requirement is for safety. He stated on May 28th he heard a loud explosion outside his window, and when he got outside he saw two fire (Page Six, Regular Meeting, Euless City Council, June 73, 197.8) trucks driving up, and he talked with a policeman that informed him that some tree limbs had gotten into some high -line wires. He stated there was not any damage done by this, but on that same night, some high wind caused Some high voltage lines to get into some 110 voltage lines and caused fires in two different houses and one house had its wiring burned out.' He stated he sees it as an'element of safety and the cost w i l l increase because of inflation, but it .is not that significant for the Council to ignore and because of that he is opposed to this motion, but he would be in favor of rescinding the requirement in "C -2" commercial and industrial developments. The vote on Mr. Ozebek's motion is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, and Mayor Samuels Nays: Messrs. Pippin, and Hunt Abstained: Mr. Walker Mayor Samuels declared the motion caitried. IV. CONSIDER AUTHORIZL.TION TO ADVERTISE FOR BIDS MR INSTALLATION CF SEWER LINE ON OAK LANE Mrs. McCormick moved to authorize the City Manager to advertise for bids for installation of a sewer line on Oak Lane. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Hunt, and Ozebek Nays: None CONSIDER APPOINTMENTS TO CITY'S BOARDS AND COMMISSIONS following: Mayor Samuels declared the motion carried. v. Mrs, McCormick moved to appoint the BOARD OF EQUALIZATION Walter Elliott, Jr. Bob Jones Billy Owens COUNCIL RJR SOCIAL CONCERNS Shirley Kl lever (Page Seven, Regular Meeting, Euless City Council, June 13, 1978) Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. VI. CONSIDER RESOLUTION NO. 434 CALLING A PUBLIC HEARING ON ZONING CASE NO. 269 - REQUEST OF LOREN HOWERTON FOR CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT TO "R -4" MULTI - FAMILY MEDIUM DENSITY DWELLING DISTRICT AND "C -1" NEIGHBORHOOD BUSINESS DISTRICT ON LOT 4A, BLOCK 3, WILSHIRE VILLAGE ADDITION Mr. Pippin moved to approve Resolution No. 434 calling a public hearing on July 11, 1978 on Zoning Case No. 269. Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None CITY ATTORNEY'S REPORT Mayor Samuels declared the motion carried. VII, CONTRACT /AGREEMENT WITH CHAMBER OF COMMERCE Mr. McFarland stated that under a recent Attorney General's opinion, the City is no longer allowed to continue it's membership in the HEB Chamber of Commerce, but they can contract with the Chamber of Commerce for their services. He stated the Chamber of Commerce has furnished the City with a contract /agreement for services that the Chamber has always provided and they request the City contract for these services. Mr. McFarland stated that it is his opinion, that if it is the pleasure of the Council, they can approve the contract by a minute order, if the Council Wants to continue the contract for services with the Chamber of Commerce. Mr. Hunt moved to approve the contract/ agreement for services with the HEB Chamber of Commerce. (Page Eight, Regular Meeting, Euless City Council, June 13, 1978) . Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Hunt, Mrs. McCormick, Messrs. Ozebek, Walker and Pippin Nays: None Mayor Samuels declared the motion carried. AMENDMENTS TO MASSAGE PARLOR ORDINANCE Mr. McFarl and stated he has been working with the City staff, and correspondence from other cities, on amendments to the City's massage parlor ordinance, and it is his opinion that the City should approach it from the zoning aspect, which provides greater latitude for the City. He stated that what they.are proposing is_that certain establishments, to be allowed to operate in the City, apply for a Specific Use Permit, and that they be limited to "C -2" and above zoning districts. Mr. McFarland reviewed the proposed ordinance for the Council. He stated the City can regulate the location of these establishments under their zoning authority. Mr. McFarland stated he would have copies of the proposed ordinance to members of the Council and passage of the ordinance would be on the agenda of the next council meeting. FEDERAL LAWSUIT Mr. McFarland stated the City has been served with process in the federal lawsuit with the Dallas/Fort Worth Airport and other surrounding cities with respect to Surtran for $12 million. CITY ENGINEER'S REPORT VIII. NORTH MAIN STREET IMPROVEMENTS Mr. Dickens stated that the contractor is on the job and has started the excavation and dirt work on the south end of the project. He stated they have been in contact with the contractor re- garding inadequate detour signs and barricades. Mayor Samuels inquired why they started where they did? Mr. Dickens stated the contractor stated that he had planned to start at that location, but he can't see why. Mayor Samuels stated that he was under the impression that there would be one or two driving lanes of traffic open, and that has not been 01.3 case. (Page Nine, Regular Meeting, Euless City Council, June 13, 1978) Mr. Dickens stated it is in the contract that there w i 11 be a lane open for traffic, but the main objective was to keep the section they are working on passable for the people who live in that section. Mr. Lynch stated one problem is that Texas Bitulithic has subcontractors for the dirt work and he has requested a meeting with the subcontractors. IX. DONATION BY TRAILWOOD GARDEN CLUB Mrs. McCormick stated she read in the Mid - Cities Daily News that the Trailwood Garden Club donated $100.00 for land- scaping at the Public Safety Building. CITY MANAGER REPORTS X. LIABILITY INSURANCE Mr. Sustaire stated that they are in the process of obtaining proposals for liability insurance for public officials from two companies and he hopes to have something for the Council to review in the near future. BEAR CREEK PARK Mr. Sustaire stated that the City has obtained deeds to al 1 the property in Bear Creek Park and they have submitted it to the Texas Parks and Wildlife Department for the grant. XI. REMOVING SHRUBS IN MEDIAN Mr. Pippin stated the minutes of the Park and Recreation Board stated that some shrubs were going to have to be removed from the median in front of the Public Safety Building and was wondering why these were going to have to be removed? Mr. Sustaire stated that sometime in the future some of the median would have to be cemoved to provide egress for north bound traffic on Ector Drive into the Public Safety Building. Mr. Pippin inquired why this problem was not worked out when the building was constructed. Mr. Sustaire stated the problem was not (Page Ten, Regular Meeting, Euless City Council, June 13, 1978) anticipated, that only the north end of the median would be eliminated to make the access. Mr. Lynch stated the cost would be minimal as it would be done with the City crew. ADJOURNMENT meeting adjourned at 9:45 p.m. ATTEST: /s/ Del I a Houy City Secretary XI I. There being no further business, the APPROVED: /s/ Harold D. Sarnuels Mayor