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HomeMy WebLinkAbout1978-06-27Regular Meeting Euless City Council June 27, 1978 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :10 p.m., in the Council Chambers of Euless City Hall by Mayor Harold Samuels. Other members present were Messrs. Raymond Ozebek; Charles Hunt, Glenn Walker, Robert Pippin, and Mrs. Willie Mae McCormick. Also present were City Manager Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and Assistant City Manager John Lynch, IV. VISITORS .Visitors in attendence were Messrs. Allan Hamm, Neal Adams, Gary Johnson, W. G. Ragley,Jerry Shipley, J. B. Sandlin, B i l l Pasteur, and Paul Thomes; Mesdms. Helen Lightbody, Judy Pippin, Myrtle Hall, and Shirley Kliever. INVOCATION The invocation was given by Councilman Glenn Walker. APPROVAL OF MINUTES The minutes of the regular meeting dated June 13, 1978 were approved as written. PUBLIC STATEMENT Mayor Sarnuels read the following statement: Two recent newspaper articles could have been interpreted as saying the recent decision by the Euless City Council, not to implement either the Touche -Ross study rate increase nor the PUC approved rate increase, was in effect "rolling over and playing dead" and ignoring the rate increase. I n defense of the Council's action, 1 would I i ke to say that this was not the case and that if any lower rates are put into effect by Texas Power and Light within the city limits of Bedford, Grapevine, and any other city served by TP &L, the same rates will be put into effect for the citizens of Euless. If these rates are not put i n t o effect, the City of Euless w i l l f i l e suit, and 1 have every confidence w e w i l l win this suit, to see that its citizens are charged rates as low as any within the Texas Power and Light service area." (Page Two, Regular Meeting, Euless City Council, June 27, 1978) CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 547 AMENDING SUBDIVISION RULES AND REGULATIONS REGARDING UNDERGROUND UTILITIES Mr. Hunt stated it has been his position from the beginning that Euless has a good ordinance, requiring underground utilities, that took in consideration the safety and well being of the citizens and the City as a whole. He stated he does recognize that under certain circumstances a hardship case could be created by such an ordinance and he would 1 ike to propose an amendment to the ordinance that was approved at the last council meeting that would allow certain variances, by agreement by the City Council, as to the requirment of underground utilities, He stated he has been in contact with the City Attorney to draw an ordinance with this amendment and asked the City Attorney to review the ordinance. Mr. Ozebek inquired if the Council can amend an ordinance on second reading? Mr. McFarland stated yes, if the Ordinance is amended prior to taking a vote on the second reading. Mr. McFarland reviewed the ordinance as proposed by Mr. Hunt, with the addition of the following paragraph: All utilities shall be underground. Provided, however, where in i t s judgement, the p u b l i c convenience and welfare w i l l be sub- stantially served and the appropriate use of the neighboring property shall not be substantially injured, the Euless City Council, may in specific cases, and subject to appropriate conditions and safeguards, authorize a special exception to the requirement that utilities be underground to permit reasonable development and the improvement of property where the literal enforcement of such requirement would result in unnecessary hardship. Mr. McFarland stated that the passage of this amendment would still require underground utilities but the developer would make a hardship application to the Council and if the Council was satisfied that the developer showed that the public convenience and welfare would be substantially served, and neighboring property would not be substantially injured, then the Counci 1 could authorize overhead-lines. Mr. Hunt moved that Ordinance NO. 547 be amended on second reading by substituting the ordinance; in its-entirety, as presented by the City Attorney. Mr. Hunt's motion died for lack of a second. (Page Two, Regular Meeting, Euless City Council, June 27, 1978) CONSIDER SECOND AND FINAL READING OF ORDINANCE, NO. 547 AMENDING SUBDIVISION RULES AND REGULATIONS REGARDING UTI LITIES Mr. Hunt stated it has been his position from the beginning that Euless has a good ordinance, requiring underground utilities, that took in consideration the safety and well being of the citizens and the City as a whole. He stated he does recognize that under certain circumstances a hardship case could be created by such an ordinance and he would like to propose an amendment to the ordinance that was approved at the last Council meeting that would allow certain variances, by agreement by the City Council, as to the requirement of underground utilities. He stated he has been in contact with the City Attorney to draw an ordinance with this amendment and asked the City Attorney to review the ordinance. Mr. Ozebek inquired if the Council can amend an ordinance on second reading? Mr. McFarland stated yes, if the ordinance is amended prior to taking a vote on the second reading. Mr. McFarland reviewed the ordinance as proposed by Mr. Hunt, with the addition of the following paragraph: All utilities shall be underground. Provided, however, where in i t s judgement, the p u b l i c convenience and welfare w i l l be sub- stantially served and the appropriate use of the neighboring property shall not be substantially injured, the Euless City Counci 1 ;may, in specific cases, and subject to appropriate conditions and safegaurds, authorize a special exception to the requirement that utilities be underground to permit where the literal development and the improvement of property where the l ite ra l enforcement of such requirement would result in unnecessary hardship. M r . McFarland stated that the passage of t h i s amendment would s t i l l require underground utilities but the developer could make a hardship application to the Council and if the Council was satisified that the developer showed that the public convenience and welfare would be substantially served, and neighboring property would not be substantially injured, then the Council could authorize overhead lines. Mr. Hunt moved that Ordinance No. 547 be amended on second reading by substituting the ordinance, in its entirety, as presented by the City Attorney. Mr. Hunt's motion died for lack of a second. (Page Three; ,Requl ar Meeting, Euless City Council , June 27,_1978) Mr. Ozebek moved to approve second and final reading of Ordinance No. 547. Mrs, McCormick seconded the motion and the vote is as follows: Ayes: Mr, Ozebek, and Mrs. McCormick Nays: Messrs. Pippin, Hunt, and Walker Mayor Samuels stated the second reading of Ordinance No. 547 failed for lack of a plurality vote. Mr. Walker moved to amend Ordinance NO. 547 on second reading rescinding the requirement f o r underground u t i l i t i e s on all property zoned "C -2" or above and the developer have the option to go either way; on all residential property, if the proposed subdivision was bounded or touched on one or more sides by underground utilities, and the balance of the boundary is open space or undeveloped property; then the developer would be required to go underground; if there are sides touching both underground and overhead utilities, the lots abutting a development with overhead utilities could be serviced with overhead util- ities, but the interior lots would be serviced by underground utilities; if one or more sides of the development is overhead and no underground and balance is open space, or undeveloped then the option would lie with the developer, he could go either way; in the condition where all the property to be developed is surrounded by undeveloped property, the utilities would be underground with the option for the developer to come before the Council and if the Council decides it is in the best interest of the city, the Council could, at its option, grant overhead lines. Mayor Samuels inquired what provisions are for "C -1" Neighborhood Business District? Mr, Walker stated they would remain as is, requiring underground utilities. Mayor Samuels inquired if Mr. Walker is including apartment zoning in the residential category? M r . Walker stated yes, a l l residential from ''R -1" to "R -5 ". Mr. McFarland inquired if Mr. Walker intended for Planned Developement since it includes commercial, apartments, and possibly residential on the same plat? Mr. Walker stated that Planned Develop- ment and Mobile Homes would fall within the residential category. Mr. McFarland reviewed the motion to rescind the requirement for Underground utilities on all property zoned (Page Four, Regular Meeting, Euless City Counci 1 , June 27, 1978) "C -2" or above; that if the development is touched on one side by overhead it must be underground except for the lots abutting the addition with over- head lines, and they can be overhead; if it is touched on two or more sides by overhead lines and no underground lines adjacent to'the property, it is optional; otherwise it is all underground unless it is a subdivision that is not contigious to any other developed subdivision, in which case, it is underground unless the developer desires to make application to the Council for a variance. Mr. Hunt inquired if the Council could not develop this as a policy or guidelines for them to use at the time a subdivision is presented and the decision is made, and perhaps have them distributed to the developer so he could understand the policy at the time they are applying for approval of the plat, then the Council could alter the ordinance he presented, saying something about a hardship, and if they did come before the Council desiring a variance from underground, could the Council not use them as a guideline? Mr. Walker stated they could, but that is not what he proposed. Mr. Pippin seconded the motion and stated that any compromised motion is going to be very complex and there are some elements that he doesn't totally agree with, He stated he is opposed to the Council having to review every case, and he feels that the Council needs to have an ordinance that explains the particular catagories and various possibilities, and he feels that this ordinance is the best they can come up with, Mr. Hunt stated that he did not invision the Council reviewing each case, that he feels that the developers, in most cases would want underground utilities. Mr. Pippin stated he does feel that the City does need the relief in the commercial and industrial areas, and this offers the best in residential, but he would prefer to see underground utilities in residential. The vote on Mr. Walker's motion is as fo!tows: Ayes: Messrs, Walker, Pippin, Ozebek, and Mrs. McCormick Nays: Mr. Hunt Mayor Samuels declared the motion carried and it was passed on second reading, subject to the amendment. (Page Five, Regular Meeting, Euless City Council., June 27, 1978) .CONSIDER ORDINANCE NO, 548 AMENDING ORDINANCE NO.. 347 FOR ADDITIONS TO THE SPECIFIC USE SCHEDULE Mrs. McCormick moved to suspend the re- qui rement for two separate ordinance - readings and approve Ordinance No, 548 on an emergency basis on f i r s t and f i n a l reading, 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. CONSIDER FINAL PLAT - PARKWOOD ADD I T ION, 1ST INSTALLMENT Mr. Alan Hamm, developer of Parkwood Addition, inquired how the new ordinance on underground utilities would affect his development? Mr, Walker stated that all the lots abutting on Canyon Ridge, Wilshire Addition, could have overhead lines and all the rest would have to go underground, Mr. Harm stated this added approximately $40,000 to the cost, as the overall cost has increased. Mr. Walker stated the ordinance has reduced the cost because the existing ordinance calls for all underground utilities. Mr. Harm stated the Council approved an ordinance on first reading deleting the requirment for underground util- ities, and they thought the ordinance was rescinded, and he feels that they will have to withdraw their request, He stated the cost has increased and with the addition of the underground utilities, they will be unable to develop the property. Mayor Samuels suggested that since the item is on the agenda, that instead of them withdrawing their request, allow the Council to'table the item to allow them to meet with the City staff and that way they w i l l not have lost anything but a week or two. (Page Six, Regular. Meeting,. Euless City Council, June 27, 1978) Mr. Pippin moved to table the final plat of Parkwood Addition until the meeting on July 11, 1978. Mr, Walker seconded the motion and the vote is as follows: Ayes: Messrs, Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. IV, AUTHOR1ZATION FOR C ITY .MANAGER TO NEGOTIATE FOR RIGHT -OF -WAY Mr, Pippin moved to authorize the City Manager to negotiate to secure right -of -way for Westpark Way, where Tibbits Drive intersects on the north to Westpark Way on the South, and Marlene Drive, where it presently stops, to Westpark Way, Mr, Walker seconded the motion. Mrs. McCormick stated this does not involve any money that is designated, because if the Parkwood Addition is not developed, then the City cannot install these streets. She stated that she wants to be sure that the Council is not committing themselves to do anything with any money until we know if this development or some other development is going to pay the cost of the street. The vote on Mr. Pippin's motion is as follows: Ayes: Messrs. Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion cattied. V. CONSIDER APPOINTING AN AUDITING FIRM FOR 1977 -78 AUDIT Mr. Sustaire stated he recommends Arthur Young and Company for the 1977 -78 Audit. Mr. Ozebek moved to concur with the recommendation of the City Manager and appoint Arthur Young and Associates as the auditing firm for the 1977-78 audit, (Page Seven, Regular Meeting, Euless City Council , June 27, 1978), Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs, Ozebek, Walker, Hunt, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VI. APPOINTMENT OF MD DEPUTY CLERKS Mr. Sustaire stated he recommends appoint- ing Renee Brown and Dolores Tijerina as deputy court clerks. Mr. Walker moved to concur with the recom- mendation of the City Manager and appoint Renee Brown and Dolores Tijerina as deputy court clerks. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Hunt, Ozebek, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VII, CONSIDER PERMIT FEE FOR FIRE EXTINGUISHER COMPANIES IN REFERENCE TO ORDINANCE NO. 545 ADOPTING THE UNIFORM FIRE CODE Mr. Hunt moved to establish a $10. 00 per- mit fee for fire extinguisher companies. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr, Hunt, Mrs. McCormick, Messrs. Pippin, Walker, and Orebek Nays: None Mayor Samuels declared the mot i:or carried. VIII. CONSIDER AUTHORIZATION FOR TEMPORARY FRANSFER CF FUNDS FROM GENERAL FUND TO THE BUILDING PROGRAM, WITH PROVISION FOR REIMBURSMENT FROM REVENUE SHARING Mr. Ozebek moved to authorize the City (Page Eight, Regular Meeting, Euless, City Counci 1 , June 27, 1978) Manager to temporarily transfer funds from the General Fund to the building program, to be reimbursed from Revenue Sharing Funds, Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Pippin, 'Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. IX. CONSIDER RESOLUTION NO, 435 CALLING A PUBLIC HEARING ON ZONING CASE NO, 270 - REQUEST OF VANTAGE PROPERTIES FOR CHANGE OF ZONING FROM "PO" PLANNED DEVELOPMENT TO "R -2" TWO FAMILY .WELLING DISTRICT ON A PORTION OF TRACT AR, WILSHIRE VILLAGE SQUARE Mr, Pippin moved to approve Resolution No. 435 calling a public hearing on July 25, 1978, on Zoning Case No. 270, request of Vantage Properties for change of zoning from "PD" Planned Development to "R -2" Two Family Dwelling District on a portion of Tract AR, Wilshire Vi 1•l age Square. Mr. Walker seconded the motion and the vote'is as follows: Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. X. PAVING CONTRACT - OAKWOOD ACRES ESTATES Mr. Jerry Shipley, one of the owners of Oakwood Acres Estates on North Main Street, stated that t h e i r attorney, B i l l Wars, wrote a letter to the City Manager on June 21, requesting that the contract with Metro Asphalt Company, for the improvments of the extension of Ash Lane, be terminated. He stated he talked with the City Manager Monday and the City Manager said that he had received the letter but it would require City Council decision, as far as the type of action to take on this matter. Mayor Samuels inquired if this was east from North Main Street? (Page Nine, Regular Meeting, Euless City Council, June 27, 1978) Mr. Shipley replied yes. He stated Metro Asphalt has completed the curb and gutter except for one entry way into the apartment site. Mr. Sustaire stated that Mr. Shipley is asking the City to declare the project abandoned, that the contract was awarded approximately twelve months ago and the contractor has not performed. He stated the contractor is bonded and the contract has liquidated damages, so the developer has legal recourse. Mr. Sustaire stated that the developer advised him that he has a contractor that can move onto the job if the present contractor if relieved of his contract, He stated it would be up to the developer if he wants to declare the project abandoned. Mr. Pippin inquired why this requires Council act ion? Mr. Sustaire stated the staff can abandon the project, but the City could be held legally because the City is the contractor. Mr. McFarland inquired how far is the contractor past the completion date? Mr. Lynch stated the contractor was given the order to begin construction on January 6, 1978, and 100 calender days to complete construction. Mr. Shipley stated the contractor is forty (40) days over contract, and the penalty is $50.00 per day, Mr. McFarland inquired what the contract price is and what state of completion is the project? Mr. Shipley stated he lacks one entry way, approximately fifteeen yards of concrete having it poured, and then putting the asphalt down, which should take two days to complete, but its been like that for approximately five weeks now. Mr. McFarland stated the thing to do would be to- authorize the City staff to take what ever action is available to at under the contract documents to assure completion, and if that includes legal review and a decision to terminate the contract of Metro Asphalt and proceed with a third party contract for completion and offset, that is one of the decisions the City staff can make. Mr. Hunt inquired if Mr. Shipley is satisfied that Metro Asphalt is not going to complete the job? Mr. Shipley stated he i s not 100 %satis - fied that they are not going to come back eventually and finish the work, (Page Ten,. Regular. Meeting, Euless City Council, June 27, 1978) but for the past three and one -half weeks they have lacked one entry way which requires fifteen yards of concrete, and they have been using the excuse that they can't get concrete, but he i s getting concrete every day. Mr. Hunt inquired if the project is far enough along, that if the street were completed they could be renting the apartments? Mr. Shipley stated if the street were complete he could move people in today. Mr. Hunt, inquired if this contract is abandoned and a new contract is awarded and the new contract price is more, who would pay the difference? Mr, Sustaire stated the City does not participate in the development, but the payments are drawn from the Letter of Credit from the developer, at the request of the engineer of the project. Mr. McFarland stated in his opinion what they need to do i s to advise Metro Asphalt tomorrow that if they have not put a crew on the job for completion within a specified period of time, and continue on the job until completion through a certain date, that the City w i l l consider the contract abandoned and proceed to contract with a third party. Mr. Pippin moved to authorize the City staff to take whatever measures necessary to assure the timely completion of the project. Mr. Walker seconded the motion. Mr. Ragley stated that it is real good that we have a system where a developer can have a Letter of Credit, but Mr. Shipley has one htandred apartment units ready to rent, but they cannot do it because the contractor has not complied with his contract to con - plete the street, and he would suggest a minimal of twenty -four hours. Mr. Shipley inquired if the City is going to notify the contractor tomorrow and give him ten days notice? Mr. McFarland stated they need to t a l k with the staff, but what they are contemplating is to advise the contractor that if he doesn't proceed post -haste with a full crew and effort for com- pletion within a specified number of hours and continued diligent pursuit of the contract toward completion, then the City will consider it abandoned and contract for completion with a third party. Mr. McFarland inquired if they contact the contractor and he advises them that he can be out there tomorrow with (Page Eleven, Regular Meeting, Euless City Council, June 27. 1978) his asphalt but he has a concrete problem, and they advise him that Mr. Shipley wi l l pour the concrete and deduct it from his contract and Mr. Shipley make arrangements to pour the concrete? Mr. Shipley stated that would be fine with him, that he would not have any problem pouring the concrete for the one entry way. M r . Paul Thomes, partner in the develop- ment, stated he would suggest that the City Attorney and h i s attorney, B i l l Meier, get together and resolve this matter as he is interested in getting the project finished as they are loosing money by not being able to rent the apartments. Mr. McFarland stated he would be in contact with Mr. Shipley tomorrow, The vote on Mr. Pippin's motion is as follows: Ayes: Messrs, Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. XI. CITY ATTORNEY'S REPORT Mr. McFarland stated that Euless is not included in the second $12 million lawsuit filed on the Surtran matter. XII. NORTH MAIN STREET IMPROVEMENTS Mr. Lynch reported that the contractor has started work on the box culvert, that the last report to the Council indicated that they were going to complete Section III, and route traffic through Royal Oaks Estates, but the contractor on the box culvert came in today so they will begin work on that, He stated there will be a slight delay in the work on the culvert because the contractor hit an eight inch water line and this line will have to be .lowered, but it is anticipated that the installation of the culvert will proceed relatively smoothly. Mr. Lynch stated. there are approximately six utility poles that still need to be moved. Mayor Samuels inquired if the contractor was going to complete paving from Harwood Road to the animal hospital? (Page Twelve, Regular Meeting, Euless City Council, June 27, 1978) . M r . Lynch stated they w i l l complete paving Section I I I and there w i l l be an access through Section 11 in the right -of- way through the completion of the project. XIII. REMODELING OF CITY HALL Mr. Lynch reported that the remodeling project of the City Hall is on schedule. XIV. COMMENT Mr. Pippin stated that one of the City's problem on the corner of Royce Drive and Clebud has been removed, because the owner d i d evict them, but w e do have t h i s type problem s t i l l existing in our City and hope we -can seek some legal recourse. XV. There being no further business, the meeting adjourned at 9:25 p.m. APPROVED: /s/ Harold D. Samuel s Mayor ATTEST /s/ Della Houy City Secretary