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HomeMy WebLinkAbout1978-07-25Regular Meeting Euless City Council July 25, 1978 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :00 p.m., in the Council Chambers of Euless City Hall by Mayor Harold Samuels. Other members present were Mrs. Willie Mae McCormick, Messrs. Raymond Osebek, Charles Hunt, Glenn Walker, and Robert Pippin. - Also present were City Manager W, M, Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer Greg Dickens, and Assistant City Manager John Lynch, IV. V ISITORS Visitors in attendence were Messrs. Walter Elliott, Jr., J. F. Callender, Ted H Martin, Mac Coker, H.L. Spencer, and Miss Debbie Wormser. -I NVOCAT ION The invocation was given by Mr. John Lynch, IV, APPROVAL OF MINUTES The July 11,1978, were approved as written. mutes of the regular meeting dated „CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 549 FOR CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT DISTRICT TO "R -4" MULTI - FAMILY MEDIUM DENSITY DWELLING DISTRICT AND "C -1 NEIGHBORHOOD BUSINESS DISTRICT ON LOT 4A, BLOCK 3, WILSHIRE VILLAGE ADDITION Mr. Walker moved to approve second and f i n a l reading of .Ordinance No. 549, rezoning 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. Mrs. McCormick seconded the motion and the vote i s as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Ozebek, Nays: None Mayor Samuels declared the motion carried. (page. Two, Regular Meeting, Euless City Council, July 25, 1978) 11. AUDIENCE REQUESTED BY T. D. AUSTIN FOR A CATV CABLEVISION FRANCHISE Mr. T. D. Austin, Canyon, Texas, stated he is a representative of Austin & Associates, He stated the franchise tax w i l l be l+% for the City and they propose to bring several channels to Euless plus a home box office movie package, sports from Madison Square Garden, and an access channel where they can coop some programs from the campus of Northeast Tarrant County Junior College. He stated there will be an access channel for the City government or clubs, United Press International channels, and an emergency alert system which can be controlled by the Civil Defense or Police Department. Mayor Samuels inquired if the emergency a l e r t channel w i l l automatically advise you to turn to a specified channel, if you are watching a different channel. Mr. Austen stated that it is a system that automatically takes all audio and video off of all channels for the emergency message on a l l channels, M r . Austin stated the franchise w i l l be for fifteen (15) years and will be built according to the National Electrical Safety Code specifications, and they will go underground i f the utilities are underground. He stated the rate charges w i l l be as submitted, or they may decrease some. Mayor Samuels inquired i f the company has done any type of audience survey to see i f t h i s type of system w i l l be supported here? Mr. Austin stated where he lives they get three channels from the satellite, that they started_the__pay_cable there Monday and they average thirty -five (35) families joining each day, because apparently they like the movie package. He stated they anticipate having thirty -five percent (35 %) of the homes the first year. He stated he has a f i l m package that he can send the Council for their review. He stated there w i l l be some "R" rated movies after 9:00 p.m. but there wi 11 be no "X" rated f i Ims. Mr. Hunt stated he noticed they are re= questing a fifteen (15) year contract with a fifteen (15) year option and that would be a long time for the city to be committed to one group and he inquired if it would be any problem if the contract were reduced? Mr. Austin stated it would be a problem because the average pay out time is seven to ten years and then they have to rebuild after ten years. (Page Three Regular Meeting Fuless City Council July 25 1978) Mr. Ozebek inquired how they get the service to the homes? Mr. Austin stated they install their 1 ines on the utility poles, one foot above the telephone lines, Mr. Hunt inquired if the Council granted Austin & Associates the franch'ise, would the City be limited to bringing in another franchise at a later date? Mr. Austin stated the first two years would be an exclusive contract, but after that it would not be exclusive, Mr. Ozebek inquired if they knew where their receiver would be located? Mr. Austin stated the receiver may be located near the Northeast Campus of Tarrant County Junior College, He stated they would have: a twenty -five or thirty foot tower and would require a ditch approx- imately seventeen feet in diameter. Mayor Samuels inquired if Hurst had made a decision after his presentation to them and has he met with Bedford? Mr. Austin stated the Hurst City Attorney reviewed the contract and has made a recommendation in favor of them. Mr. Austin stated he talked with the City staff of Bedford but has not talked with the Council. Mayor Samuels inquired when service would begin if they were granted the franchise? Mr. Austin stated it would take about three months to do the preliminary work and approximately eight months to begin construction. He stated to build all three cities it would take approxi- mately eighteen months to get serv'ice to the whole area, but they would put people on the line as it is completed. Mr. Ozebek inquired what type of capital investment they would have in the company? Mr. Austin stated it would be approximately $3 million for the three cities, Mr. McFarland stated the city has had applications for CATV franchises before and at that time took the position that the City Charter provisions on franchises do control all franchises, exclusive or not exclusive and sets forth the time tables and the number of public hearings required and Mr. Austin may want to review that portion of the City Charter. Mr. McFarland inquired if Austin & Associ- ates is a partnership or corporation? (Page Four, Regular Meeting, Euless City Council, July 25, 1978) Mr.Austin stated it is a partnership. Mr. McFarland stated that if at any time the City may consider the application, would his partnership have any objection to making a financial disclosure to the. City? Mr. Austin replied no, that currently they have approximately ten partners in the operation. He stated that after they obtain a franchise, they incorporate, ist the officers and the investors in that particular franchise. Mr, McFarland stated that the City Charter does not allow franchise to be transferred, and the company should designate a corporate name so that when the franchise is granted, if it be the pleasure of the Council to grant the franchise, it is granted to the name of the corporate entity that is selected. ,Mr., McFarland inquired if Aust in & Associates does their initial capital improvements on capital contributions from the share- holders, or do they anticipate financing? Mr. Austin stated they usually do it by financing, and using sane available capital. Mayor Samuels instructed the City Attorney to review the contract and report back to the Council. PUBLIC HEARING: ZONING CASE NO. 270 - REQUEST OF VANTAGE PROPERTIES FOR CHANGE OF ZONING FROM "PD" PLANNED DEVELOPMENT TO "R -2" TWO - FAMILY EW ELL I NG DISTRICT ON A PORTION OF TRACT. A -R, WILSHIRE VILLAGE SQUARE Mayor Samuelsopened the public hearing on Zoning Case No. 270 for change of zoning from "PD" Planned Development District to "R -2" Two - Family Dwelling District and stated the Council wi I I hear from the proponents f i r s t and them the opponents. Mayor Samuels recognized Mr. Mac Coker. Mr. Coker stated he i s a representative of Vantage Company and they are requesting a zoning change on the south 4.55 acres from "PD" Planned Development to "R -2" Two - Family Dwelling District? Mr. Walker inquired the size of the duplexes? Mr. Coker stated the lots fronting on Wilshire Drive are eighty feet with the exception of the corner lot and it is eighty - eight front feet; the lots on Yorkshire Drive are eighty -five front feet and the lot on the corner is ninety front feet. i (Page Five, Regular Meeting, Euless City Council, July 25, 1978) Mr. Walker inquired the square footage of the duplexes? Mr. Coker stated he did not know because they were not going to build the duplexes themselves, they are only requesting the rezoning and getting the lots ready for development. Mayor Samuels inquired concerning Yorkshire Drive going north? Mr. Coker stated they plan to terminate the street at the eastern edge of the development, Mayor Samuels inquired if they have considered building a street connecting Yorkshire Drive and Wilshire Drive? Mr. Coker stated they had not thought about it, but they would have to give up two lots if they did. He stated Vantage Company does not believe the commercially zoned property w i l l ever be developed into a shopping center, that there may be some commercial development along FM157 at a later date. He stated that probably the twenty acres may be developed r e s i d e n t i a l and the only people that w i l l be using the street would be from residential development. Mr. E I I i ott stated that if the Planning and Zoning Commission desires a culdesac on the final plat, then they can get into the matter at that time. 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, Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the rezoning of a portion of Tract A -R, Wilshire Village Square from "PD" Planned Development to "R -2" Two - Family Dwelling District on first reading of Ordinance. Mr. Walker seconded the motion and the cote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. (Page Six, Regular Meeting, Euless City Council,. July 25, 1978) Iv, CONSIDER FINAL PLAT - BLOCK 1, LAKEWOOD ADDITION, SECOND 1 NSTALLMENT Mr. Walter. Elliott, with the firm of Elliott and Hughs, stated he is representing Lakewood Joint Venture and is requesting the Council's approval of Lakewood Addition, Second Install- ment. He stated they plan to build four- plexes on the property, He stated they concur with Mr. Lynch's letter. Mr. Elliott stated there is some rezoning they w i l l have to request at a later date on some of the property that surrounds the way Cummings Drive was worked into the development. He stated they anticipate that. Cummings Drive will extend notth into the Trail Lake Addition and on into FM157. He stated a portion of the commercially zoned property w i l l have t o be rezoned "R -4" and some "R -4" property w i l l have to be rezoned commercial. Mayor Samuels stated he would personally rather see Cummings Drive changed to another name so the people from Bedford will not think it is a thoroughfare street from Bedford to North Main Street, and he was wondering how Lakewood Joint Venture would feel about changing the name of this street. Mr. E11,iott stated the City has a committee that makes recommendations for naming of streets and he sees no objections. He stated he would suggest that the name be changed before the plat is filed. Mr. Hunt inquired what is planned for the triangler shaped piece of property, that is designated Tract A? Mr. Elliott stated this piece of property has been set aside for a recreation area with a swimming pool and a small play area for the residents. He stated access will be through locked gates and residents will have a key. Mr. Pippin inquired if it could be desig- nated a green belt area and dedicated as such? Mr. Elliott stated yes, and it would be maintained by the residents. Mr. Ozebek moved to concur with the Planning and Zoning Commission and approve the final plat of Block 1, Lakewood Addition, Second Installment, subject to the engineer's letter, to redesignation of the street that is indicated as Cummings Drive to an alternate name as approved by the City's Street Naming Committee, and Tract A be designated a green belt area. Mr. Hunt seconded the motion. (Page Seven. Regular Meeting, Euless City Council. July 25. 1978) Mr. Lynch stated there has been quite a lot of research done, t i t l e wise to determine if there has been any dedication of Cummings Drive as a roadway, and everything to date indicates that it was never dedicated as a roadway, He stated the primary use of the road was by several residents that lived down the road, but it has not been used for quite a number of years. He stated his question is whether right -of -way has been obtained by prescription and, if so, should the Council and the property owners abandon it? Mr. McFarland stated an individual and /or the public can acquire prescriptive rights to an access way, but the prescriptive rights acquired by the public cannot be abandoned by the public entity unless it was dedicated to the public entity in the platting process. He stated that he is assuming that the road has been abandoned for ten years or more, and inquired'how long it has not been in use by anyone? Mr. Elliott stated it has not been in use regularly for at least the past ten years and maybe longer, He stated they took the position that it was a road by prescription, it had been there, and was a legal road. He stated that M r . Haydn Cutler and M r . B i l l Pasteur have signed and transferred t i t l e to that portion of property and have joined in the dedication of this plat, and they feel that the platting is going to erase any question as t o ownership o r t i t l e to that property, The vote on Mr. Ozebek's motion is as follows: Ayes: Messrs. Ozebek, Hunt, Pippin, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. Pippin inquired when the developer anticipates construction to begin on the development? Mr. E I I iott stated immediately, as Mr. Pasteur, developer, asked him to negotiate with the street contractor that is working in the Meadowview Addition for the installation of the streets. V. CONSIDER REPLAT CF LOT 2R, BLOCK 2, CEDAR HILLS ESTATES Mr. Pippin inquired if construction has not already started on this lot ?. Mr. Ted Martin stated that he lives in that area and there is a slab foundation on that property, and has been for two weeks. (Page Eight, Regular Meeting, Euless City Council, July 25, 1978) Mr. Pippin stated the Owner would need a variance because of the City's lot size restrictions and side yard requirements. Mr. McFarland inquired why the lot was being replatted? Mr. Lynch stated that these lots were platted as fifty -five foot lots, and the developer went back and sold a five foot strip to each owner to make each lot sixty foot wide, but the lots were never replatted as being sixty foot lots. He stated there is only one owner for the property in question, but our current ordinance will not allow them to build without all the property being included under one plat. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the replat of Lot 2R, Block 2 , Cedar H i l l s Estates. Mr, Walker seconded the motion and the vote is as follows; Ayes: Mrs. McCormick, Messrs. Wal ker, Pippin, Hunt, and Ozebek Nays: None CONS IDER APPO INTMENTS Mayor Samuels declared the motion carried. VI. ALTERNATE MUNICIPAL COURT JUDGE Mayor Sarnuels stated that Article VI, Section 2, of the City Charter indicates that the Judge of the Municipal Court w i l l be appointed blithe Mayor and approved by the Council, and on the recommendation of Judge Boring, he would recommend Mr. J. Michael Hedden as Alternate Municipal Court Judge. Mr. Pippin mov.ed to concur with the recommendation of the Mayor and approve the appointment of Mr. J. Michael Hedden as Alternate Municipal Court Judge, Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Walker, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. (20,$e Nine. Reaular Meeting, Euless city Council. July 25, 1978) COUNC IL FOR SOC IAL CONCERNS Mrs, McCormick moved to appoint Rev. Ralph L. Smith as a member of the Council for Social Concerns, . 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. VII, CONSIDER ORDINANCE NO, 550 RESTATING THE LANGUAGE I-NADVERTENTLY OMITTED IN THE ADOPTION OF ORDINANCE NO, 547 Mr. Hunt moved to suspend the requirement for two separate ordinance readings and approve Ordinance No. 550 on an emergency basis on first and final reading. Mr. Walker seconded the motion and the vote is as follows: . Ayes: Messrs. Hunt, Walker, Ozebek, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VIII, CONS I DER ORD I NANCE NO. 551 .SPEED ZONE ON FRONTAGE ROADS, Mr. Ozebek moved to suspend the requirement for two separate ordinance readings and ;approve Ordinance No. 551 on an emergency basis on first and final reading, Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Pippin, Hunt, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Ten, Reguular Meeting,. Euless_C_i.ty Counc,i,1..,. July 25., 1978) CITY ATTORNEY'S REPORT Mr. McFarland stated that a preliminary hearing w i l l be held Wednesday, July 26, in federal court, the first hearing on the Surtran Anti -Trust Act $ 1 2 m i l l i o n lawsuit. He stated they are s t i l l moving forward with their motions and dilatory pleadings to try and get Euless out of the suit, CITY ENGINEER'S REPORT X. NORTH. MAI N STREET IMPROVEMENTS Mr. Greg Dickens stated the contractor has almost finished the curb and gutter on the south portion of the project and is digging out some of the backfill that Haas put on the water and sewer line relocations to get the correct •lanaity since it will be under the street, He stated they have completed the concrete valleys at Harwood'Road and at Fair Oaks Blvd., and with the help of the staff, they have the entrances to the day care center poured. He stated they have run some density tests and they meet the contract documents on this project. He stated the contractor hasn't started construction on the box culvert yet, but the eight inch water line has been lowered and everything is in order to construct the culvert. Mr. Dickens stated that the contractor plans to construct one -half of the culvert and reroute traffic onto the completed section while constructing tH? second half of the structure, Mr. Hunt inquired if the engineers could ask the contractor to improve the driving surface where traffic has to go around the construction area of the box culvert? Mr. Lynch stated they would get the contractor to blade down these street cuts and detours. Mayor Samuels inquired how long it would be before half of the culvert is complated? Mr. Dickens stated the subcontractor that i s doing the curb and gutter w i l l be building the culvert and he should be on the project immediately. Mr. Lynch stated it should take two to three weeks to complete one -half of the culvert if the contractor begins immediately. AUDIENCE BY MR. J. F. CALLENDER XI, Mr. Callender, 1008 Fayette.Drive, stated (Page Eleven, Regular Meeting, Euless City Council„ July 25, 1978) that he brought a f i l t e r from h i s Insta -pure Waterpik f i l t e r that is supposed to last two months and his only lasted two weeks and he is wondering what our plumbing looks like, He stated several of his neighbors called the water department and the boss came out and took a sample from the house next door when it was so terrible. He stated it was yellow for about three weeks and now it has this horrible taste, He stated he is wondering what the problem is and if per chance the City can't get enough water from Fort Worth, that possibly the Council could look into the possibility of getting water from Lake Dallas. He stated we are in bad shape in our water system. M r , Callender stated that a l l summer they have been having light in their house from Trinity High School, but he knows that this is not a matter for the City Council. He stated the water runs down from Trinity High School to the ditch along FM157. Mr. Callender stated he went through Midway Park last week and he had to slow down because of the water from the park. He stated that the reason for him being here tonight is to say that if we can help to cut out some of these expensive wastes, then we would have more money to use in places where it would be more advantageous. He stated he thinks there is a communication breakdown between the City Hall and the citizens of Euless. Mr. Callender stated he was unaware that the City owned the property to the west of the City Hall but he found out the Fire Chief has an office there, that there is a United W3y Service that the City furnishes the building for, but Mr. Sustaire answered these questions for him tonight. He stated when he saw those buildings over there he wondered why they couldn't be incorporated in this and the police building and those houses be used for people who need a home, but now he understands, and this is why he feels the citizens need some type of communication through the newspaper or through the City Hall. He stated he was wondering if the City Secretary couldn't get the minutes placed in some newspaper to keep the citizens aware of what is going on in the City. He asked the City Manager how we can get some communication to the public? Mr. Sustaire stated he has been trying to answer that question for twenty years, He stated the City is a diversified community, served by five-newspapers and the City has used the Mid - Cities Daily News as the official newspaper for several years and they always have a reporter at the meetings. He stated the most effective communication is the Mayor's Newsletter, but it is very difficult to get day to day activites in the newspaper, He stated the City does not have many inquiries for news from the Observer, but with the area,the Mid-Cities Daily News has to cover, they do a good job for Euless. Mr. Ozebek stated he has lived here fifteen years and the first paper he picks up is the Mid - Cities Daily News. (Page Twelve, Regular Meeting, Euless City Counci 1, July 25, 1978) Mayor Samuels stated that until several years ago the Mid - Cities News covered sevehor eight communities and they came to the City and asked for a committment to give information to them to publish. He stated that -he doesn't think the City has ever sent anything to the News that they haven't printed, He stated the News •publ i shes the highlights of the meetings and sometimes they have a follow -up on important items. He stated the other media have'contacted him on stories and some radio stations have called on some of his newsletter items. Mr. Lynch stated that the City is required, by the State Health Department, to take thirty -one water samples from different locations each month and the City has no control other that, that we have to take a sample, put it in a bottle and send it off to a certified laboratory. He stated if these samples do not comply to the state health standards, we are advised and told ways to correct the problem, and these samples are taken on a random basis. He stated that from time to time we do have places where, by virtue of low water usage or high usage in an immediate vicinity, it causes a collection of deposits, He stated we flush fire hydrants to try to alleviate this. Mr. Callender stated that whatever is in the water has killed his flowers except for his cox -comb. He stated it is salt, that it has to be salt because salt kills everything. Mayor Samuels stated that every' time we have to use our wells, we have this problem. He stated we have approximately a four million gallon capacity from Cedar Creek Lake, which is the closest water source, and in the summer we have to use our wells, He stated that when we begin using our wells, after they have been idle, there is a certain amount of sand in the line that stirs up and the water department opens a fire hydrant near these wells when they begin using them to try and get rid of the sand. Mr. Sustaire stated our well water used to be the best in the state, but we were required to install chlorinators on these wells in order to have it approved by the state, and this causes the bad tasting water. Mr. Hunt stated he wanted to express appreciation to Mr. Callender for coming and expressing his thoughts. He stated that there is a copy of the council minutes in the library and he is welcome to go to the library and read them. He stated that in regard to the water being wasted in the park, they can speak to the staff to'keep a better observation to see that the water is monitored and not wasted. He stated the current improvements in the City H a l l building w i l l create some additional office space for people in the houses on Sheppard Drive. M r . Callender stated there are two f u l l time counselors and a secretary at the Family Service house and United Way allocates the money for their operations and the City furnishes the building and he doesn't know just how much good they do, (Page Thirteen, Regular Meeting, Euless City Council. July 25. 1978) Mr. Sustaire stated the Family Service furnishes the City a report and suggested that Mr. Callender contact Mr. Ken Good, Director of United Way in Fort Worth, who could give him further details. He stated they are counse =ling approximately 130 families monthly with any number of problems. Mayor Semuels stated the Council thought it was a very worthwhile service to the community and the best way to make it available to our citizens would be to furnish this house so citizens of Euless would have a place to go for counseling. Mrs. McCormick stated the Mr. Good is Director of Family Service of the County and they have to make a report to him on a monthly basis and they have to make a report to the Family Research Council of Fort Worth in the fall before their recommendations are submitted to United Way to prove their justification for additional personnel or it w i l l be disbanded, Mrs. McCormick stated the minutes are retained in the library. She stated that lights are burning at Euless Jr. High too, and it may be because the school feels that it may be cheaper to burn the lights all day then to have to pay someone to turn them on at night and off during the day. Mr. Callender stated that these were some observations that he wanted to make to the Council. Mayor Samuels inquired if he could get some information on things that are happening in Euless to him, could Mr. Callender disseminate the information around. Mr. Callender stated that he would be glad to. Mr. Lynch asked Mr. Callender to call him the next time he finds impurities in his water so they can take a sample and find out what the problem is. XI I, ADJ0URNV1EIVT There being no further business, the meeting adjourned at 9:55 p.m. APPROVED: /s/ Harold D. Samuels Mayor ATTEST: /s/ Della Houy City Secretary 1 ■•■•••, mm..4.,