HomeMy WebLinkAbout1979-03-27sy, .ja 1�•
Regular Meeting
Euless City Council
March 27, 1979
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
C i t y H a l l by Mayor Harold Samuels. Other members present were Mayor Pro -
tem W i l l i e Mae McCormick, Councilmen Raymond Ozebek, Charles Hunt, and
Glenn Walker, (Absent were Councilman Robert Pippin,)
Also present were City Manager W. M.
Sustaire, City Secretary Della Houy, City Attorney James Cribbs, City Engineer
B i l l Flowers, and Assistant City Manager John Lynch, IV.
VISITORS
Visitors in attendance were Messrs. Don
Perkins, T. D. Austin, David Hughs, Lynn Shackelford, and Mrs. Myrtle Hall.
INVOCATION
The invocation was given by Mayor Harold
Samuels.
APPROVAL OF MINUTES
The minutes of the regular meeting dated
March 13, 1979, were approved with the following correction:
ITEM Vi I'I - PAGE SIX - Mr. Hunt abstained on the vote taken on
this item.
CONSIDER SECOND AND FINAL READING OF ORDINANCE
NO. 566 GOVERNING THE FRANCHISE FOR CABLE
TELEVISION SERVICE
Mrs. McCormick moved to approve second and final
reading of Ordinance No. 566 governing the franchise for cable television service.
Mr. Walker seconded the motion.
Mr. Austin stated he has reviewed the
ordinance and was asked to comment on it. He stated he looked at it from the
standpoint of what would be good for the cable operator, the city and the citizens
and there are a few things that he pointed out to the City Manager that should be
changed or adjusted, something that everybody can live with. He stated they are
.-- s t i l l interested in being considered for the franchise.
[Page Two, Regular Meeting, Euless City Council, March 27, 1979)
Mr. Hunt inquired if the Council approves
the ordinance as written, can the Council include the amendments as submitted
by Mr. Austin at some future date?
Mr. Cribbs stated that if the Council
approves the ordinance they are setting a standard and if the Council is going
to invite bids for anything less than is listed in the ordinance, then the
ordinance would have to be amended.
After further discussion on the amount of
bond required, Mr. Cribbs stated the Council could amend Section 17 -54 to state
such security fund shall be maintained in an amount acceptable to the Euless
City Council to assure the faithful performance by the franchisee of
all provisions of this ordinance be added to Section 17 -54.
Mr. Walker seconded the amendment and the
vote on the motion and the amendment is as follows:
Ayes: Mrs. McCormick, Messrs, Walker, Ozebek, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
CONSIDER SECOND AND FINAL READING OF
ORDINANCE NO- 567 FOR CHANGE OF ZONING
FROM "R-1'51 V\CE FAMILY DWELLING DISTRICT
TO "R-5" MULTI - FAMILY DWELLING DISTRICT - L I M I T
OF 24 UNITS PER ACRE, AND FROM "R -5" MULTI - FAMILY
DWELLING DISTRICT - LIMIT OF 24 UNITS PER ACRE TO
"R -1" SINGLE FAMILY DWELLING DISTRICT ON PORTIONS
OF TRACTS 28, 2B1B, AND 2C, W. G. MATTHEWS SURVEY,
ABSTRACT 1051 - ZONING CASE NO. 281
Mr. Ozebek moved to approve second and
final reading of Ordinance No. 567 for change of zoning from "R -1" Single Family
Dwelling District to "R -5" Multi - Family Dwelling District - I i m it of 24 units
per acre, and from "R -5" Multi - Family Dwelling District - I i m it of 24 units per
acre to "R -1" Single Family Dwelling District on portions of Tracts 2B, 2B1B,
and 2C, W. G. Matthews Survey, Abstract 1051.
Mr. Walker seconded the motion and the vote
is as follows:
Ayes: Messrs. Ozebek, Walker, Hunt, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
(Page Three, Regular Meeting, Euless City Council, March 27, 1979)
CONSIDER PRELIMINARY AND FINAL PLAT -
LOT 7, BLOCK 1, ECTOR GARDENS ADDITION
Mr. David Hughes stated he is representing
Mr. Raymond McClain, owner of McClain's Auto Body Shop. He stated Mr. McClain
purchased a .388 acre tract of land on the west side of Ector Drive, north of
Hwy. 183 and plans to move his business to this location from his present
location at 3225 West Euless Blvd. He stated the only requirement they are
aware of is the five (5) foot off -site sanitary sewer easement on the property
immediately south of Mr. McClain's tract. He stated the owners of the abutting
property have agreed to this easement, although the easement has not been signed.
Mr. Walker moved to concur with the recom-
mendation of the Planning and Zoning Commission and approve the preliminary and
final plat of Lot 7, Block 1, Ector Gardens Addition, subject to compliance with
the city engineer's Fetter.
Mr. Ozebek seconded the motion and the vote
is as follows:
Ayes: Messrs. Walker, Ozebek, Hunt, and Mrs, McCormick
Nays: None
Mayor Samuels decl.red the motion carried.
Iv.
PUBLIC HEARING - PROPOSED SEWER RATES
Mayor, Samuels stated this public hearing is
to set our sewer rates so they will be in compliance with requirements of the
Environmental Protection Agency, He opened the public hearing and stated the
Council would hear from the City and then any opponents.
Mr. Lynch stated the main change in the
sewer rates w i l l be in the methodology that is being mandated by the Environmental
Protection Agency and all cities that are members of the Trinity River Authority
Sewer Treatment System are affected by this requirement. He stated the bulk of
this ordinance is two specific requirements. One is that sewer service charges
must be based in some manner on the discharge volume of sewage, and the most
acceptable way the federal agencies w i l l approve it is on the basis of water
used. He stated the City has combined all of our water and sewer rates into one
ordinance so that we don't have to go to several different ordinances when
questions are asked. He stated the second requirement is the industrial cost
recovery section which attempts to assess a portion of the construction cost for
the sewer treatment plant required to treat special toxic wastes and other
chemical wastes produced by industrial customers. He stated the formulas are
.... approved by the Environmental Protection Agency and will not go into effect until
required by the government and until the percentage cost is determined by someone
besides the city staff.
(Page Four, Regular Meeting, Euless City Council, March 27, 1979)
Mr, Lynch reviewed the rate section and stated ---,
the water rates would remain the same, but the sewer rates would be as follows:
Residential Charges - Basic rate - $3.20 } 90% M.W. at $.45 per 1,000
gallons to a maximum of 12,000 gallons fo r persons with in the corporate
limits of Euless. Basic rate fo r persons living outside the corporate
limits of Euless would be $4.00 + 90°%° M.W. at $.45 per 1,000 gallons
to a maximum of 12,000 gallons,
Industrial and Commercial - sewer charges shall be based on 100 %of metered
water. The rates are $3.20 4. $.45 per 1,00 gallons within the city
limits and $4.00 + $.45 per 1,000 gallons outside the city limits.
This charge wi I I be on 100 %of metered water unless the user can show
proof that a significant portion of the metered water does not enter
the sanitary sewer.
Mayor Samuels stated this is not figured as
a rate increase, but a way that has to be used to comply with the requirements
of the Environmental Protection Agency.
M r . Lynch stated the sewer charge w i l l be
based on water usage and the charge could be less than now charged or it could
be more. He stated the least a person could pay would be $3.20 and the most
would be $8.60.
Mr. Hunt inquired if a customer has a
sprinkler system and can show that his usage does not go back into the system,
could an adjustment be made?
Mr. Lynch stated that the limits that are in
the ordinance for residential customer would take into consideration any
sprinkling system, that the maximum amount of water a customer would pay sewage
on would be 12,000 gallons, One hundred (100) percent credit would be given
where separate meters are installed on sprinkler systems.
Mr. Lynch stated the ordinance includes a
Mayor's Emergency Power - Section 2.17 - "in the event of deficient water
pressure or deficient water reserves, the Mayor is authorized and empowered
without further Council action to declare, by proclamation, any measures deemed
necessary to restore water pressure or reserves, including a total and complete
prohibition of all outside water usage."
Mrs. McCormick inquired when these rates
would go into effect?
Mr. Lynch stated the rates would go into
effect immediately, and the commercial customers w i l l be monitored to see if
there is abnormal waste produced,- They will be billed additional charges if
they are discharging sewage that is high in various chemical leve #s requiring
extra treatment, since this is the way Euless is charged by the Trinity River
Authority. He stated the implementation of industrial cost recovery shall be
contingent on notification of apportionment and actual billing by the Trinity
River Authority and as mandated by state and federal requirements.
(Pape Five, Regular Meeting, Euless City Council, March 27, 1979)
Mayor Samuels inquired if there were any
further questions; there being none, he inquired if there were any opponents;
there being none he declared the public hearing closed.
Mr. Hunt moved to approve the ordinance
setting the sewer rates as required by the Environmental Protection Agency.
Mrs. McCormick seconded the motion and the
vote is as follows:
Ayes: Mr. Hunt, Mrs. McCormick, Messrs. Ozebek, and Walker.
Nays: None
Mayor Samuels declared the motion carried.
V.
CONSIDER REQUEST TO INSTALL ENERGY SAVING
DEVICES IN THE PUBLIC SAFETY BUILDING
Mrs. McCormick moved to approve the request
of Mr. Hal Ferguson to install an energy system in the Public Safety Building,
contingent on the award of a grant for same.
Mr. Walker seconded the motion and the vote
i s as follows:
Ayes: Mrs. McCormick, Messrs. Walker, Hunt, and Ozebek
Nays: None
Mayor Samuels declared the motion carried.
VI.
CONSIDER AUTHORIZATION TO ADVERTISE FOR BIDS
FCR PHASE ONE, BEAR CREEK PARK IMPROVEMENTS
AND FOR A GREENHOUSE
Mr. Hunt moved to authorize the City Manager
to advertise for bids for Phase One, Bear Creek Park Improvements and for a
greenhouse and the bid tabulation to be on the agenda for Apr11 24, 1979.
Mr. Walker seconded the motion and the vote
i s as follows:
Ayes: Messrs. Hunt, Walker, Ozebek and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
(Paciq Six. Regular Meeting. Euless City Council, March 27i, 1 )
VII.
CONSIDER ORDINANCE NO. 569 APPROVING THE
TRINITY RIVER AUTHORITY'S RESOLUTION
AUTHORIZING THE ISSUANCE OF $2.125.000
IN REVENUE BONDS FOR THE WATER TREATMENT
PLANT EXPANS ION
Mr. Ozebek moved to suspend the requirement
of two separate ordinance readings and approve Ordinance No. 569 on an emergency
basis on first and final reading.
Mr. Walker seconded the motion and the vote
is as follows:
Ayes: Messrs. Ozebek, Walker, Hunt, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
VIII,
CONSIDER AUTHORIZING CITY MANAGER TO
EXPEND FUNDS FOR EMERGENCY REPAIRS ON
WATER LINES I N THE MORR I SDALE ADDITION
Mrs. McCormick moved to authorize the City
Manager to obtain a contractor to make emergency repairs to a water line in
the Morrisdale Addition.
Mr. Walker seconded the motion and the vote
i s as follows:
Ayes: Mrs. McCormick, Messrs. Walker, Ozebek, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
IX.
CONSIDER EXTENDING FIRE DEPARTMENT'S
ELIGIBILITY LIST FOR DRIVER ENGINEER
Mrs. McCormick moved to authorize the Fire
Chief to extend the eligibility list for driver engineer in the fire department
until November 1, 1979.
Mr. Walker seconded the motion and the vote
is as follows:
Ayes: Mrs. McCormick, Messrs. Walker, Hunt, Ozebek
Nays: None
Mayor Samuels declared the motion carried.
(Page Seven, Regular Meeting, Euless City Council, March 27, 1979)
X.
RESOLUTION NO. 449 OPPOSING
HOUSE BILL NO. 585
Mayor Samuels stated he has received a
letter from Representative Charles Evans requesting the Council's opinion
regarding House Bill No. 585, relating to the jurisdiction of the Public
Utility Commission over electric rates, operations, and services.
It was the consensus of the Council to go
on record by Resolution No. 449 as being in opposition to House Bi 11 No. 585.
The City Manager was instructed to telephone
Representative Evans and advise him of the Council's opposition and the City
Secretary was instructed to send a copy of Resolution No. 449 to the Represent-
atives from this area.
RESOLUTION NO. 450 SUPPORTING
A COURT OF RECORD
450 supporting a Court of Record.
is as follows:
XI,
Mr. Walker moved to approve Resolution No.
Mr. Hunt seconded the motion and the vote
Ayes: Messrs. Walker, Hunt, Ozebek, and Mrs. McCormick
Nays: None
CITY ENGINEER'S REPORT
Mayor Samue s dec ared the motion carried.
'XII,
NORTH MAIN STREET IMPROVEMENTS
Mr. Flowers stated the engineers and members
of the city staff did some inspection work on North Main Street for problems
that need to be corrected before acceptance of the job. He stated the first
section, from Harwood Road to the animal clinic, is in relatively good shape.
He stated there were only two problems that need to be corrected:
1. the east side of the street, where there is a slope easement,
needs to be smoothed out so the Owners can rrtw the property;
2. a patch in the road at approximately the same location needs
.—.
to be redone.
(Page Eight, Regular Meeting, Euless City Council, March 27, 1979)
He stated on the second section, from the
animal clinic to Trailwood Drive, there are several items that need to be
corrected:
1. there is a rough surface in front of Thomes Animal Clinic and
the City's overhead tank that needs to be redone or resurfaced;
2. in front of the Hodge property, there are rough spots on the
east side of the street that was left when the bridge was
comp) eted;
3. the transition from North Main to Oak Lane is rough and completely
unsatisfactory and w i l l have to be taken out and redone;
the entrance into the Hall property needs considerable clean -up,
grading and dress -up;
5 . a l l the east side, in back of the curb, needs to be smoothed out
and a I I the chunks of concrete removed;
6. the Copher property needs some top soil as it will not drain
as it presently exists and needs some dress -up;
7. the railing on the bridge is loose and the bolts need to be
tightened;
8. the channel on the west side of the bridge needs to be cleaned
to allow better drainage into the box culvert;
9. two driveways on the west side need to be cleaned up;
10. the fence along two pieces of property was installed too high,
and not put in properly, will have to be fixed;
1 1 . a l l along the street there are several small spots that need to
be patched;
12. there are several water valves that are too high and need to be
lowered and have concrete put around them;
13. there is one and maybe two manholes that are below the surface of
t h e road, the r i n g i s f l u s h w i t h the roadway, but t h e manhole l i d
does not f i t properly i n t h e r i n g and they w i l l get with Mr.
Bullard and get him t o change t h e l i d with some manhole that is
not in the street to make it come back flush.
M r . Flowers stated they w i l l get with the
contractor and have h i m correct the problems and w i l l not recommend payment of
the remaining 10% that the City is holding until all items are complete.
Mrs. McCormick stated the street is still
rough on the west side where the old pavement joins the new pavement,
(Page Nine, Regular Meeting, Euless City Council, March 27, 1979)
SOUTH MA I N STREET IMPROVEMENTS
Mr. Sustaire inquired if Mr. Flowers could
give him an estimate when the engineers will be advertising for bids for the
resurfacing of South Main Street,
Mr. Flowers stated they are approximately
40% t o 50% complete on the s p e c i f i c a t i o n s and w i l l probably be ready to advertise
for bids within three or four weeks.
XIII.
ORDINANCE NO. 568 - SEWER RATES
Mayor Samuels stated that the City Attorney
informed him that Item IV, ordinance approving the new sewer rates, would need
to be approved on an emergency basis and the Council needs to have a new motion
to approve the sewer rate on an emergency basis.
Mrs. McCormick moved to suspend the require-
ments of two separate ordinance readings and approve Ordinance No. 568 on an
emergency basis on first and final reading, setting the sewer rates i n accordance
with the Environmental Protection Agency's requirements.
Mr. Walker seconded the motion and the vote
is as follows:
Ayes: Mrs. McCormick, Messrs. Walker, Ozebek, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
X Iv.
_COMMENTS
Mr. Perkins inquired when the pot -holes in
the streets would be fixed?
Mr. Sustaire stated the street crew is
working on them and w i l l have them complete as soon as they can.
Mr. Sustaire reported the water tank on
Central Drive is being sand - blasted and should be complete in approximately
three weeks,
(Page Ten, Regular Meeting, Euless City Council, March 27, 1979)
XV,
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
APPROVED:
/s/ Harold D. Samuels
Mayor
ATTEST:
/s/ Della Houy
City Secretary