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HomeMy WebLinkAbout1978-07-11Regular Meeting Euless City Council July 11', 1978 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:15 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 W. M. Sustaire, City Secretary Della Houy, City Attorney, Bob McFarland, City Engineer B i l l Flowers, and Ass I staht •C i ty Manager John Lynch, IV. VISITORS Visitors in attendence were Messts. Mike Bowman, Joe Fuchs, B i l l Pasteur, Neal Adams, George Christian, Clint Ponder, Mesdms. Jane Fleming, Shirley Kliever, and Debbie Wormser. INVOCATION The invocation was given by Mayor Harold Samuels. APPROVAL OF MINUTES The minutes of the regular meeting dated June 27, 1978, were approved as written, PUBLIC HEARING: ZONING CASE NO. 269 REQUEST OF LOREN HOWERTON FOR CHANGE CF 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 Mayor Samuels opened the public hearing on Zoning Case No. 269 and stated that the Council would hear from proponents first and then opponents. Mayor Samuels recognized Mr. Mike Bowman. Mr. Bowman stated he is representing Mr. Loren Howerton and the request is for change of zoning from "PD" Planned Develop- ment to "R -4" Multi - Family Medium Density Dwelling for four - plexes, and "C -1" Neighborhood Business District. Mr. Bowman stated that Lot 2A and Lot 3A have (Page Two, Regula- Meeting, Euless City Council, July 11, 1978) four -p1 exes on them at this time. Mayor Samuels inquired if the developers plan to construct something similar to the four - plexes that are south of the property. Mr. Bowman stated yes. Mr. Ozebek inquired if the four - plexes that are south of the development are in "R -3" zoning, why is Mr. Bowman requesting "R -4" zoning. Mr. Bowman stated there is less square footage in the land. Mayor Samuels inquired if there were any other proponents; there being none, he inquired if there were any opponents; there being none, he declared the public hearing closed. Mr. Pippin moved to concur with the recommend- ation of the Planning and Zoning Commission and approve the rezoning of Lot 4A, Block 3, Wilshire Village Addition from "PD" Planned Development District to "R -4" Multi - Family Medium Density Dwelling District and "C -1: Neighborhood Business District on first reading of ordinance. 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. II. FURTHER CONSIDERATION OF FINAL P L A T - PARKWOOD ADD I T ION -1ST INSTALLMENT Mr. Alan HEmm, 408 Woodbriar, Bedford, stated he is representing Richland Enterprises, applicant for the final plat. tie stated they are requesting approval of the plat with the deletion of the lots along the south perimeter of the property. He stated the reason they are re- questing this is so the development will fall under the City's ordinance concern- ing the underground utilitt:es and they will be able to install overhead utilities in the first section, since the development abutting a development with over- head utilities. He stated they will come back in at a later date for the final plat of these lots and will install underground utilities in the second install,- ment. He stated they are anxious to begin this project, and it will include the construction of Westpark Way, Mr. Ozebek moved to approve the Parkwood Addition as presented with the deletion of the Lot 1, Block 1; Lots 1, 39 (Pape Three, Regular Meeting, Euless City Council, July 11, 1978) 40, 41, and 42, Blcok 4; Lot 19, Block 5, and streets adjacent to these lots. Mrs. McCormick seconded the motion. Mr. Hunt stated the Council has followed Mr. Harnrn's project and understands what he has suggested, but it has been h i s position from the beginning that underground utilities are desirable for Euless. He stated that he feels like if there was a public referendum put before the citizens of our town today, that the citizens would overwhelmingly support underground utilities in the future for our town, He further stated that he intends to vote against it simply because he believes that it is beneficial for the citizens of our town, and our town as a Whole to continue with the ordinance as it was originally written several years ago and to main- tain new developments with underground utilities. Mr. Hsrrrn stated that he understands how Mr. Hunt feels and he is not here to change any ordinances; that what he is here for is to build this project. He stated it seems to him that there is a matter that has to be weighed by the Council and he feels that there is a way that they can build this project and that is to be able to put the development in with overhead utilities, He further stated that there is a partially wooded area to the south where the overhead utility lines will not be visible to the houses along there and they are abutting lots to the east with overhead utili- ties, that property to the west will be commercial and this commercial. project will have overhead utilities, He stated the thing that he sees that will be advantageous to the citizens of Euless is that Westpark Way will be built for access to the freeway and to the hospital. He stated that they will be unable to develop the property if they are required to install underground utilities. tie stated he is presenting this plat and he is requesting approval of ninety percent of the property instead of one handred percent of the property, which would be appropriate, He stated as it was explained to him, with the adjacent subdivided land with its present in -place utilities, it would be at the option of the developer whether to put in overhead or underground utilities. Mayor Samuels stated the Council has talked before about denial of a plat if the applicant has met all the requirements the City, and he was wondering if the applicants went to court, could the Council's decision be considered arbitrary? Mr. McFar land stated the Council wouldn't be able to deny or reject a plat on the basis. of whether or not it had over- head or underground utilities, as that is a ministerial function, unless a developer requests a waiver. He stated if a developer presents to the Council and the Planning and Zoning Commission, a subdevelopment p l a n that meets a l l the prerequisites of the City's Subdivision Rules and Regulations, the approval of the Council becomes an administrative matter, the Council is required to approve it; they have some latitude in rejecting it when their rejection i•s based on health, safety, and welfare. Mr. Hunt stated he feels like the com- promise that was suggested is a precedent setting method circumventing the ordinance that was passed. (Page Four, Regular Meeting, Euless Cit Council, July 11, 1978) Mr. Ozebek stated he would like to amend his motion to include that the plat be approved subject to the City Engineer's letter. Mrs. McCormick agreed to the amendment and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick,:' Messrs. Pippin, and Walker Nays: Mr. Hunt Mayor Samuels declared the motion carried. .CONSIDER PRELIMINARY AND FINAL PLAT LOT B, BAVARIAN, VILLAGE ADDITION Mayor Samuels recognized Mr. Ray Pinkerton, with Denny's Architectural. Services. • Mr. Pinkerton stated they are a party to this plat, subject to the development of a Denny's Restaurant on this property. He stated they are in agreement with the staff's recommendations and the City Engineer's letter. Mr. Pippin stated that he believes in the Planning and Zoning meeting, all the items in the City Engineer's letter were agreed to by Mr. Pinkerton's firm. Mr. Pinkerton stated yes, that the primary item being that they would extend the storm drainage system to their east property line, and they concur with that. Mr. Pippin moved to concur with the recom- mendation of the Planning and Zoning Commission and approve the preliminary and final plat of Lot B, Bavarian Village Addition, as presented. Mr. Hunt seconded the motion and the vote i s as follows: Ayes: Massrs. Pippin, Hunt, Walker, Ozebek, and Mrs. McCormick Nays: NOne Mayor Samuels declared the motion carried. IV. AUDIENCE REQUESTED BY F. J. F. DEVELOPMENT CORPORATION FOR WAIVER CF UNDERGROUND UTILITY REOUIREMENTS FOR WESTPARK WAY ESTATES Mr. Joe Fuchs, F.J.F. Development Corpora- (Page Five„ Regular Meeting, Euless City Council, July 11, 1978) tion, stated his purpose in appearing is to ask a question, and that is whether they qualify for underground or overhead.utilities regarding the new ordinance that was approved. He stated they have read the ordinance and interpret it as allowing them to use overhead utilities, but kefore they make such a move they would like the Council's interpretation. Mayor Samuels inquired under which of the stipulations of the ordinance do they assume that it is the case? Mr. Fuchs stated they interpret the ordinance that due to the fact that they are not surrounded by any developed property on any of the four sides that contain-underground utilities, their subdivision would not have to contain underground utilities. Mr. Walker stated that Section 9, Number (4) of the ordinance reads "if the sub - division being developed is not abutting o r touched by any property then developed as to the placement of u t i l i t i e s , a l l utilities shall be underground unless a variance from such requirement shall have been previously applied for and granted as to such subdivision or part thereof by the Euless City Council, subject to such conditions and safeguards as may b8 specified by the,City Council." M r . McFarland i n q u i r e d i f a l l the property surrounding Mr. Fuch's property has not been developed? Mr. Fuchs stated that is where the problem is, that the City's West Park abuts his property to the north, and if this park is developed, then h i s developments would f a l l under Section 9, number (3) of the ordinance. He stated that West Park has overhead utilities, but the ordinance reads as a subdivision being developed and a park is not a sub- division, but is a developed piece of property, and they are not sure whether they fall under Paragraph (3) or (4). Mr, McFarland stated if 'West Park is developed with utilities in place and is a dedicated park, then Westpark VVay Estates is abutting property that has been developed with utilities in place, one or more of which are overhead. He stated that if the property surrounding it is undeveloped, without any utilities in place, then he would come under paragraph (3).. He stated the ordinance as he drew it and the motion as he understands it, and as presented, didn't requir property to be subdivided. He stated in his opinion it would not hinge in anyway on whether West Park is or is not a subdivision, as it is property that abuts or touches his property that is developed with utilities in place, one or more of which is overhead. M r . Fuchs stated then they f a l l under Section 9, Paragraph (3). Mr. McFarland stated that if utilities are in place overhead in West Park and a l l other property surrounding-your addition is undeveloped as to the placement of utilities, then it would come under Paragraph (3). 4( (Pape Six, Regular Meeting, Euless City Council, July 11, 1978) Mr. Fuchs stated that -is the way they read the ordinance, but were not sure whether the Council considered West Park as being a developed piece of property. Mr. Walker stated the question is that whether all lines go into West Park ouerhead are feeder lines and if all other service i s underground. Mr. McFarland stated that is the reason he kept saying his opinion is whether the utilities in place in West Park are overhead or underground, and a feeder line, such as a telephone line going down the street would not constitute uti 1 ities in place. Mr. Lynch inquiced if it would be feeder lines if service goes into an area overhead and goes into a transformer and then drops underground -to service the area? Mr. McFarland stated if there i s an overhead feeder line coming into the addition at which, point everything -is channeled into a transformer on the ground and and from there underground for the entire sub- division, then he wouldn't interpret this as being overhead. Mr. Pippin stated you could ask yourself if the line that feeds rry meter, comes.f rom overhead or underground to -see.Of' the utilities are overhead, that i s the key, that it i s underground i f it goes underground to your meter. Mayor Samuels stated it sounds I i ke a staff interpretation rather than a Council interpretation, and the staff needs to go out to West Park and look at the utilities, and determine where they are. Mayor Sarnuels inquired what would happen if the Bedford property that joins the Euless City limits on the west were to be developed with underground utilities, would our ordinance require underground utilities? Mr. McFarland stated that the ordinance as drawn made no distinction as to abutting or touching adjacent land as being within corporation limits of the City of Euless. He stated the Subdivision Rules and Regulations apply to areas within five miles outside of our corporate city limits. Mr. McFarland stated it is his opinion that the decision for Westpark Way Estated is a ministrial decision for the City staff. CONSIDER BIDS .. OAK LANE SEWER LINE V Council members had previously received «)5 (Page Seven, Regular Meeting, Euless City Council, July 11, 1978) copiesof the bids received for the installation of a sewer line on Oak Lane. The bid received is as follows: Huffman Construction Company, . $33 ,782.00 Mayor Samuels stated the Council has a letter from the staff recommending rejecting the bid as it was approximately $11,000 over the estimate. Mr. Pippin moved to concur with the recom- mendation of the city staff and reject the bid received for the sewer line on Oak Lane and authorize the city staff to readvertise for bids at whatever date they deem proper, Mr. Walker seconded the motion, Mr. Hunt inquired if there was only the one bid? Mr. ' Lynch stated they are finding that contractors in a l l phases of municipal work have more contracts than they can do =and are not really interested in expanding at this time, and the bidder that d i d b i d , only submitted h i s b i d because there i s not a time l i m i t on the job. Mayor Samuels stated the City needs to advise the homeowners, that will tie onto the line, that the City did take bids but the bids were 35% over estimate and they w i l l advertise again at a later date. The vote on Mr. Pippin's motion i s as follows: Ayes: Messrs. Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: Mone CITY ATTORNEY' REPORT of the State Legislature. CITY ENGINEER'S REPORT Mayor Samuels declared the motion carried. VI. Mr. McFarland reported on the called session VII, NORTH MAIN STREET IMPROVEMENTS Mr. Flowers reported that all the water and . sewer relocations are complete and the line has been put down, cut up and stirred several times, on the south portion of the project. He stated they have (Page Eight, Regular Meeting, Euless City Council, July 1.1_, 1978) not run density tests yet, but that w i l l be forth corning right away, He stated they are working on relocations of the water line on the north portion, but the contractor is progressing rather slow. Mayor Samuels inquired if the contractor is making any progress on relocating the water line in order to complete the box culvert? Mr. Flowers stated they did run into an eight inch water line that goes down North Main. He stated they did get a proposal from the contractor to relocate that and he gave them a cost of $4200 and they thought that was too much, so they called the sub - contractor in and decided they would go Wi th a materials plus labor approach and got unit prices from him. He stated they talked with Mr. Lynch and they were able to negotiate the contractor down from $4200 to $3500, and the contract was taken to the con- tractor for him to sign. He stated the contract will be for materials and labor not to exceed $3500. Mr, Hunt inquired if it is not feasible to redesign the box culvert? Mr, Flowers stated that they normally do not do that as the stream is pretty much aligned there, and it would mean off- setting the box from the existing stream or run a water line through the box, which is highly undesirable. He stated they are going to lower the water line two feet and leave the box as proposed. VIII, AUTHORIZATION TO NEGOTIATE FOR RIGHT -OF -WAY Mrs. McCormick moved to authorize the City Manager to proceed with acquisition for right -of -way for Westpark Way in accordance within the contract limits recommended by the City staff and as discussed at the last Council meeting. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. IX. AUTHORIZATION FOR PRELIMINARY WORK ON EXPANSION-OF WATER SYSTEM Mr. Ozebek moved that the City of Euless authorize the Trinity River Authority to begin some preliminary work on the expansion of the City's water system. Pa a Nine 1ar Meeting. Euless City Council. July 11. 1978) 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, X. COMMENDATION FOR THREE POLICE OFFICERS Mr. Walker requested that the letters of commendation for Police Officer Joe Hobbs, Police Officer Maurice Hendricks, and Criminal Investigator Richard Clark be noted in the minutes. (Copy of letters on file in Council Exhibits folder in Office of City Secretary. ) XI. ADJOURNMENT Threre being no further business, the meeting adjourned at 9 :10 p.m. APPROVED: /s/ Harold D, Samuels Mayor ATTEST: /s/ Della Houy City Secretary .10■1•114