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HomeMy WebLinkAbout1980-11-2513 Regular Meeting Euless City Council November 25, 1980 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 9:00 p.m. , in the council chambers of Euless City Hall, by Mayor Harold Samuels. Other members present were Mayor Pro Tem Willie Mae McCormick, Councilmen Charles Hunt, Ron Sternfels, and Robert Pippin. Absent was Councilman Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer James Knight. VISITORS Visitors in attendance were Messrs. Don Perkins, David M. Schnurbusch, Michael Weiss, Bruce French, Stephen Crim, David Bagwell, Ron Haynes, Gary Johnson, and Mrs. Julie Bennett. INVOCATION The invocation was given by Council- man Charles Hunt. APPROVAL OF MINUTES The minutes of the regular meeting dated November 11, 1980, were approved as written. I. ORDINANCE NO. 649 REZONING A PORTION OF TRACT 2, A. BRADFORD SURVEY, A PORTION OF TRACT 2, S. HUITT , SURVEY. AND TRACT 1B. S. HUITT SURVEY FROM "L -1" LIMITED INDUSTRIAL DISTRICT TO "R-5" MULTI- FAMILY DWELLING DISTRICT: "R-5" MULTI- FAMILY DWELLING DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT; AND "PD" PLANNED DEVELOPMENT TO "L -1" LIGHT INDUSTRIAL DISTRICT Mrs. McCormick moved to approve second and final reading of Ordinance No. 649, rezoning a portion of Tract 2, A. Bradford Survey, a portion of Tract 2, S. Huitt Survey, and Tract 1B, S. Huitt Survey, from "L -1" Limited Industrial District to "R -5" Multi- Family Dwelling District ; "R -5" Multi- Family Dwelling District to "C -1" Neighborhood Business District ; and "PD" Planned Development to "I -1" Light Industrial District. 14 (Page Two, Regular Meeting, Euless City Council, November 25, 1980) Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Sternfels, and Hunt Nays: None carried. Mayor Samuels declared the motion II. ORDINANCE NO. 650 AMENDING ORDINANCE NO. 488 ALLOWING CIRCULAR DRIVEWAYS ON LOT I. BLOCK 2. OAKWOOD ACRES ESTATES, AND LOTS 3R THROUGH 10R , BLOCK 2 , OAKWOOD ACRES ESTA'T'ES M r . Pippin moved to approve second and final reading of Ordinance No. 650, amending Ordinance No. 488, allowing circular driveways on Lot 1, Block 2, Oakwood Acres Estates, and Lots 3R through IOR, Block 2, Oakwood Acres Estates. Mr. Sternfels seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Sternfels, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. CONSIDER FINAL PLAT - WOODCREEK ADDITION Mr. Stephen Crim, Vice President of Lomas and Neddleton Financial Group, stated Woodcreek Addition encompasses fifty- five acres. He stated the developer is requesting approval of the final plat for ninety -eight lots that will be developed. He stated all streets in the subdivision w i 11 be installed, with East Denton Drive extending through to Fuller -Wiser Road in Midway Square Addition. He stated the park w i ll be cleared and the developer w i 11 dedicate additional land for access to the park from East Denton Drive. He stated the developer is proposing to construct a small parking lot for the park, but w i 11 build whatever size lot the City desires. He stated this park will be a passive park, and in their opinion, the parking lot should be a small lot with twelve to eighteen spaces. In reply to a question from Mayor Samuels, Mr. Crim stated East Denton Drive w i 11 be forty- five feet, back t o back. Mayor Samuels stated he thinks the Staff and Park Board should have some input on the size of the parking lot. 15 (Page Three, Regular Meeting, Euless City Council, November 25, 1980) Mr. Hunt inquired if the City has had any input from the Park Board on the park site. Mr. Sustaire stated he believes the Park Board tabled decision on the park site until the City knows if the developer to the south of Blessing Branch is going to dedicate a park site. He stated the Park Board would like to have some input on the parking lot. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Woodcreek Addition, and let the Staff, Park Board, and Park Department decide on the size of the parking lot, but to have a minimum of twelve parking spaces. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Hunt, and Sternfels Nays: None carried. Mayor Samuels declared the motion IV. PUBLIC HEARING - PUBLIC UTILITY REGULATORY POLICIES ACl' Mayor Samuels stated this public hearing is being requested by the Federal Government on policy and ratemaking standards. Mayor Samuels opened the public hearing on the Public Utility Regulatory Policies Act, and stated the Coucnil would hear from Gary Johnson, Manager of Texas Power and Light Company, and then allow the Council and citizens in the audience to ask questions. Mayor Samuels recognized Mr. Gary Johnson. Mr. Johnson read a statement on the goals and purposes of the Public Utility Regulatory Policies Act of 1978. He stated the goals and purposes are: 1_ the conservation of energy supplied by electric utilities; 2. the optimization of the efficiency of the use of facilities and resources of electric utilities; 3. equitable rates to the electric consumer. Mr. Johnson stated Texas Power and Light Company and the City have already been doing most of the things listed in the goals for the past several years and positive action has already been taken. He stated Texas Power and Light 16 (Page Four, Regular Meeting, Euless City Council, November 25, 1980) Company has changed from total use of natural gas to use of lignite coal and they are in the process of constructing a nuclear plant. He stated Texas Power and Light Company is working with the consumer to assist them in the conservation of fuel in the home. He stated the federal government is requiring the cities to use the guidelines and he is requesting the City to defer taking final action on the proposed goals until the Public Utility Commission has completed their study. He stated the Council's deferring decision on the act until the Public Utility Commission has com- pleted its study w i 11 help the citizens in four ways. One, it w i ll cut down on unnecessary duplication of effort and w i 11 permit the cities to devote valuable time to other important municipal matters; two, it will allow the cities to profit from a thorough study made by the Public Utility Commission with its large staff of highly trained personnel; three, it will conserve the rate payers money in that multiple investigations w i 11 involve sub- stantial cost to the company and the city; and four, it will be conducive to consistent implementation of uniform standards to the company's servicearea and will avoid the necessity of the company appealing the determination to the Public Utility Commission. Mayor Samuels inquired if there were any question. There being none, he declared the public hearing closed. Mr. McFarland stated the PURPA Act requires the cities to consider s ix specific standards as to the application of electric and utility service. He stated the Act requires the City to report these recommendations to the United States Department of Energy following the public hearing. He stated the City can make the report in several forms. One, the City can affirmatively act on the PURPA proposals by indicating that there was no evidence produced at the hearing that is sufficient to indicate that there is a need to implement any of the new concepts; two, the Council can delay decision for further hearings, indicating that the City plans to take no action pending determination by the Public Utility Commission. Mrs. McCormick moved to advise the United States Department of Energy that, based on the evidence presented at the hearing, there was not sufficient testimony to indicate that implementation of any of the PURPA guidelines would be beneficial to the citizens of Euless at this time, and the Council reserves the right to consider and/or implement any of the guidelines they deem necessary at a future time. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Hunt, and Sternfels Nays: None carried. Mayor Samuels declared the motion (Page Five, Regular Meeting, Euless City Council, November 25, 1980) V. DISCUSSION ON WOODLANDS ADDITION Mr. McFarland stated that at the council meeting on November 11, 1980, the Council approved the final plat of Woodlands Addition. He stated Crow Development Company wants to construct East Ash Lane in its entirety and has requested that the money they w i 11 escrow for Fuller- Wiser Road be used by the City to complete East Ash Lane, and the property owner on the south of East Ash Lane enter into an agreement whereby when that property is developed, the owner w i 11 reimburse the City his cost for the lost escrow funds plus any costs that Crow Development may have incurred in completing the owners half of the street. He stated the Council may be setting a precedent and if the City does grant this request, he would recommend that any request of this nature on future developments be made only upon application to and approval by the City Council, that it should be the decision of the Council to decide if one perimeter street is more important than another perimeter street. He stated, because the City is losing interest on the escrowed money, he would recommend that the agreement between Crow Development, Paul Thomes, and the City stipulate that when Mr. Thomes develops his property he contribute to the City the greater or the then cost of construction of his portion of Ash Lane, or the amount that was escrowed plus some rate of interest that the City would have realized in the interim. Mayor Samuels inquired if there would be any legal problem in collecting the funds from the owner on the south, once the street is installed. Mr. McFarland stated he cannot pre- dict what problems the City may have in collecting the monies from the owner, but the City does have sufficient leverage when the property is developed. He stated the City cannot assess the property owner for a street that is already constructed, but an agreement can be entered into with the owner that will obligate the owner to pay certain sums to the City at the time his property is developed. He stated he would recommend that the agreement be a recorded covenant running with the land and the funds be paid prior to approval of the plat. Mayor Samuels inquired what w ill happen if Mr. Thomes declines to enter into the three party agreement. Mr. McFarland stated if Mr. Thomes declines to enter into this agreement, he would advise the Council to approve the plat with the completion of one -half of Ash Lane, since there would not be any way to protect the City's interest to recoup these funds since the subdivision ordinance provides that when a property owner develops his property he pays his portion of perimeter streets not already improved. 17 18 (Page Six, Regular Meeting, Euless City Council, November 25, 1980) Mr. Ron Haynes, Crow Development Corporation, stated he has talked with Mr. Thomes about right - of -way for the south portion of Ash Lane and other easements that are necessary for this development. He stated he has also talked with Mr. Thomes about his participation in the construction of Ash Lane when his property is developed. He stated he thinks the completed street will enhance their property, as well as Mr. Thomes' property, and will cause the property to sell better and be on the tax roll in a shorter period of time. He stated Mr. Thomes is tentatively in agreement with paying his pro -rata share since he is proposing developing his tract of land next year. He stated he does not believe Mr. Thomes w i ll agree to the four- teen percent interest rate that is being proposed. He stated he thinks Mr. Thomes will be willing to escrow the street costs at the time he develops the property. Mr. Sustaire stated if one -half of Ash Lane is constructed now, the City w i 11 have to rebuild the street when the street is completed. Mrs. McCormick moved that a tri- party agreement be entered into between the City, Crow Development Company, and Mr. Paul Thomes, owner of the property to the south of Ash Lane, along the outline of the City Attorney's letter, with two basic exceptions, that the agreement tie the money that Mr. Thomes is to pay to the cost of money and /or increase of construction costs at time of development, but not to exceed $10,000.00. Mr. Haynes stated if Mr. Thomes does not agree to the agreement, Crow Development Company w i ll present a revised plan fo Woodlands Addition with construction of one - half of Ash Lane. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Hunt, and Sternfels Nays: None Mayor Samuels declared the motion carried. VI. STATUS OF MARLINE DRIVE Mrs. McCormick inquired the status of the extension of Marlene Drive. Mr. McFarland stated he has not contacted the owner of the property, but w i 11 contact him and report to the Council at the next meeting. 19 (Page Seven, Regular Meeting, Euless City Council, November 25, 1980) VII. UPDATED LIST OF PENDING MATTERS Mr. Sternfels inquired if the Council could be provided an updated list of pending matters prior to each meeting so these matters can be fully discussed and maybe some decisions made. Mayor Samuels instructed the City Secretary to prepare a report on items that have been discussed within the past six months. VIII. PROPOSED REFINERY ON CALLOWAY CEMETERY ROAD Mr. Sustaire stated he has had numerous calls from citizens concerned about the proposed con- struction of a refinery on Calloway Cemetery Road in the City of Fort Worth. He stated the emissions from this refinery will drift over Euless. He stated the Texas Air Quality Board will be holding a public hearing on this and he would recommend that the City go on record, by a letter from the Mayor, in opposition to the construction of this refinery. Mr. Pippin moved to approve Resolution No. 498 opposing construction of the refinery on Calloway Cemetery Road. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Hunt and Sternfels Nays: None Mayor Samuels declared the motion carried. IX. ADJOURNIVIENT There being no further business, the meeting adjourned at 10:33 p.m. APPROVED: /s/ Harold D. Samuels ATTEST: Mayor 0/ Della Houy City Secretary 20