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HomeMy WebLinkAbout1965-10-1211 -5 Regular Meeting of the Euless City Council October 12, 1965 CALL TO ORDER Mayor Pro Tem Bobby Fuller called the regular meeting of the Euless City Council to order at 8 :00 P.M., with the following councilmen in attendance: Councilmen B i I I Byers, Frank Douglass, Harold Samuels and Don R. Warren. (Mayor W. G. Fuller was absent due to illness.) Also present were City Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. IN ft inror i nni The invocation was presented by Council- man Harold Samuels. APPROVAL OF MINUTES The minutes of the regular council meeting, September 28, 1965, were approved as written. VISITORS Visitors present were: R. Lindley Lucas, B. R Duncar),R. D. Kile, Lou H. Martin, C. F. Dearing, C. L Overbey, Harold J. Hi 1 1 , H. C. Sheffield, Jerry M. Nelson, Birdie L. Jones, Z. L Bozeman, Betty Potthoff, Mrs. Wendell Reaves, Belinda Stephens, Mrs. Raymon Diaper, Judy Stephens, Betty Adams, Ted Rickenbacher, Jr., Jack Bullard, Sam Knight, Kent E. Besley, Gene Schrickel, W J. "Doc" Hyde, Mark Gordon, Mary H. Sapp, and B i l l Ratliff. PUBLIC HEARING - RE- ZONING PROPERTY - EULESS GARDENS NO. 2 Mayor Pro Tem Bobby Ful +er stated that the public hearing was in order for the re- zoning of Lots 10, 11 and 12, Euless Gardens No. 2, being a portion out of the unplatted S. H. Huffman Tract. Zoning Case No. 142 stipulates a re- zoning request from "A" Resi- dential to "C" Commercial, from Mr. W. B. West. City Manager Cowell read Planning and Zoning Minutes dated September 21, 1965, Item I11 -A in which the Planning and Zoning Commission recommended approval of this re- zoning request. Mr. Z. L. Bozeman, representing Mr. W. B. West, informed the council that Mr. West was desirous of re- zoning this property; however, at this time was not in a position to divulge the specific use of this land. There were no opponents present in this re- zoning case. After considerable discussion, Council- man Byers made the motion to concur with the Planning and Zoning Commission's recommendation to approve this re- zoning request. Councilman Samuels seconded the motion, and the vote is as fol lows: Ayes: Councilmen Warren, Douglass., Samuels and Byers Nays: None 116 (Page Two - Minutes of the Regular City Council Meeting, October 12, 1965) Mayor Pro Tern Bobby Fuller declared the motion carried and the public hearing closed. Mr. Bozeman expressed his apprecia- tion to the council, for their consideration. (First reading of Re- zoning Ordinance, October 26, 1965) PUBLIC HEARING - HARWOOD ROAD ASSESSMENTS M r . B i l l Ratliff, Consulting Engineer, stated that Harwood Road, from Ector Drive to North Mainand Ector Drive from Huffman Drive North to Midway Drive are scheduled for improvements under Street Contract No. 3. Mayor Pro Tern Fuller opened the public hearing, requesting comments from visitors present. Mr. Harrod inquired as to Why the improve- ments to Harwood Road are necessary. He stated that, in his opinion, Harwood Road is a good street and he does not feel that a four -lane street is necess- ary for the traffic. Mr. Ratliff stated that, at the time the Bond Program Street Improvements Schedule was prepared, the City Council agreed that Harwood Road would be one of the streets to be improved; one reason being, there were many indications that Harwood Road would be a major carrier in this area connecting Irving and Hurst in the not too distant future. Mr. Ratliff further commented that now that the regional air- port has definitely been located in this area, that Harwood Road would possible be even a greater major traffic artery than had been anticipated. City Manager Cowell commented that the City's Twenty -Five Year Master Plan has designated certain streets as thoroughfares and that Harwood Road was designated as a major street in the City of Euless at the time the Master Plan was approved. Mr. C V. Braley, 1012 Blanco Drive, stated that he owns a 125 foot strip of land on Harwood Road and that the Drainage Channel on this property has been distubbed several times; once by the placing of curb and gutter in this area. Mr. Braley inquired if the present curb and gutter along this 125 foot strip is to be removed; and if so, who w i I I replace the curb and gutter and how w i I I damages to the drainage channel be handled. Mr. Ratliff informed Mr. Braley that, at this particular location, the curb and gutter w i I I not be removed. Councilman Byers commented that any damaged properties resulting from the street improvements w i I I be corrected by the contractor, which is a clause in Street Contract No. 3. Mr. Braley further inquired if the City Council is of the opinion that the property will become more valuable 117 (Page Three - Minutes of the Regular City Council Meeting, October 12, 1965) after the improvements are made. He also inquired about Financing of the improvements. City Manager Cowell explained that each of the property owners may elect to pay on the assessment for five years if he so desires and that arrangements can be made at the tax office to handle the assessments. He stated that the interest rate of 6°J has been approved by the City Council for persons desiring to pay on the ass- essments. Mayor Pro Tern Bobby Fuller stated that the Council definitely agreed that the street improvements would greatly enhance the property value. Mrs. Kenneth R. Lane, who resides on Crane Drive, inquired as to the distance of the curbs. Mr. Ratliff stated that the curb would be exactly the same as on the opposite side of the street. Mrs. Lane also asked if sidewalks would be constructed in the area and Mr. Ratliff explained that, at this time, no plans had been made for sidewalks. Mr. Gene Harrod inquired if traffic lights had been designated for Harwood Road. Mr. Ratliff stated that traffic lights had not been recommended at this time. He stated that there' would be stop signs, however, Mr. Harrod inquired if there would be additional law enforcement in the area to handle the traffic on Harwood Road. City Manager Cowell stated that as the City grows, the Police Department would grow and that citizens should call the department and inform them if laws are being violated and that when it becomes necessary, additional en- forcement would be available in the area. Mr. Jim Lucas asked if the engineers know exactly the sections of curb and gutter which w i I I be removed and re- placed. Mr. Lucas stated that he lives at the corner of Collin and Harwood (West side of Collin). Mr. Ratliff stated that about 30 feet of that area would be removed and replaced; approximately 80 feet from Mr. Lucas's Property. Mr. Harold J. H i I I stated that he lives on the corner of Harris and Harwood, and inquired about the dip in Harwood Road near his house. Mr. Ratliff explained that the water would be channeled away from his yard; however, that the dip would be almost as severe as it is now. Mr. H i I I inquired when the construc- tion would begin and be finished. Mr. Ratliff explained that the contractors are ready to begin immediately and that the drainage construction w i I I pro- bably begin within the next 15 days. He stated that the contract is for 180 working days. Mayor Pro Tern Bobby Fuller inquired if there were any further comments; and there being none, he declared the pub] is hearing closed, and thanked the visitors for their attendance. 118 (Page Four - Minutes of the Regular City Council meeting, October 12, 1965) PROPOSED TEXAS POWER AND LIGHT COMPANY SERVICE AGREEMENT - WATER INSTALLATIONS RESOLUTION NO. 110 Mr. Mark Gordon, Manager of the Texas Power and Light Company Euless office, informed the council that he is present to request that the council consider and approve a pro- posal for electric service to installations acquired by the purchase of the water sewer system, and that the purpose of this agreement is to es- tablish a rate for this electricity service. The proposed rate is NW -1 9.2 mills which is a graduated rate. Mr. Gordon explained that under this agreement, the rate could not go higher; however, it could, at some time, be reduced and that this agreement it for service to 15 locations only; any additional locations would have to be approved by the council before service could be supplied. City Attorney Cribbs stated that he had studied this agreement, as presented by Texas Power and Light Company and had discussed the agreement with City Manager Cowell and Mr. Gordon and that he recommends a five year contract instead of ten years. He stated that the damages clause in the contract is not necessary for a munici- pality. Mr. Gordon stated that Texas Power and Light is agreeable to change the agreement from a ten year agreement to a five year agreement and that he is of the opinion that there w i I I be no complications in de- leting the damages clause as mentioned by the City Attorney. City Attorney Cribbs stated that this clause, in his opinion, would not be detrimental to the City should it be left in the agreement; however, that it does not apply to a municipality. After discussion, Councilman Byers made the motion that Resolution No. 110, which authorizes Mayor Pro Tern Bobby Fuller to execute the agreement for the City of Euless(with the changes in the agreement recommended by the City Attorney) be approved. Councilman Douglass seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Warren, Byers and Samuels Nays: None Mayor Pro Tern Fuller declared the motion carried(Copy of Resolution and Agreement oiir f i l e in Office of City Secretary.) IV. TEXAS ELECTRIC SERVICE COMPANY - PROPOSED AGREEMENT - WATER INSTALLATIONS City Manager Cowell stated that, per- haps at this time, the council should give consideration to the Texas Electric Service Company Agreement which was tabled at the last meeting. City Attorney Cribbs stated that he had studied the proposed agreement and that his recommendations are as follows: The contract should be for a period of no more than five years and that the location of the installations be a specific part of the Agreement and not an addenda. I (Page Five - Minutes of the Regular City Council Meeting, October 12, 1965) Mr. Cribbs stated, however, that he had discussed the changes with Texas Electric Service Company officials, and they are not agreeable to the changes. City Manager Cowell stated that his recommendation is that the item be tabled until a representa- tive from Texas Electric Service Company can be in attendance. After discussion, Councilman Byers requested that the City Manager secure the charges on the three Texas Electric Service Company installations, and if they serviced the same three installations, for presentation at the next council meeting. ENGINEER'S REPORT V. WATER SYSTEM ADJUSTMENTS BID REPORT City Manager Cowell stated that bids had been Opened at the City Hall on October 7, 1965, for construction of a water system adjustments (State Highway 121 and Bedford - Euless Road). M r . B i l l Ratliff, Consulting Engineer, informed the council that the en- gineers, after tabulating and evaluating the bids, recommended that the contract be awarded to the low bidder, Le -Tan Construction Company, Colleyville, Texas, at the bid price of $8,889.50. Councilman Douglass made the motion to concur with the engineer's recommendation and award the contract to Le -Tan Construction Company. Councilman Samuels seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Douglass, Byers and Warren Nays: None Mayor Pro Tern Fuller declared the motion carried. (Copy of Bid Tabulations on file in Office of City Secretary.) REGIONAL AIRPORT Mr. Bill Ratliff, Consulting Engineer, presented a large map of the City of Euless with the boundary lines of the regional airport, which details a portion of the City of Euless which will be needed for the airport construction. Vf. ARCHITECT'S REPORT BIDS ON CIVIC CENTER BUILDINGS Mr. Duane Jarvis informed the council that the architects have evaluated the bids on the three civic center buildings and, after considerable deliberation and consideration, their recommendation i s t h a t a l l bids be rejected and a new bid open 6g date be re- scheduled. October 29, at 4 :00 P.M. is their recommended date. Councilman Samuels made the motion that the council concur with the architect's recommendations and reschedule the bid opening date for Oct- ober 29 at 4:00 P.M. Councilman Warren seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Byers, Warren and Douglass Nays: None Mayor Pro Tern Fuller declared the motion carried. 120 (Page Six - Minutes of the Regular Council Meeting, October 12, 1965) PARK PLANNER'S REPORT U11. (1) PARK SITES Mr. Gene Schrickel informed the council that he had met with Mr. M. P. Crum and his associates to discuss the proposed park site near the South Euless Elementary School, which has been considered previously as a play - ground type park for the City. Mr. Schrickel stated that Mr. Crum does not wish to deviate from the original contract; however, there was some discussion about a bridge to be constructed on Whitener Drive - that possibly the City would participate in the construction of this facility when needed; however, not as a Capital Improvement project. Mr. Schrickel stated that Mr. Crum was desirous of knowing exactly where the City limit lines are in this area. (Councilman Don Warren left the council meeting at this time, 9:55 P.M.) After discussion, Councilman Samuels made the motion that an offer of $2,800.00 an acre be presented to Mr. Crum for the purchase of this site (there are 9.2 acres, 4.5 acres to be donated by Mr. Crum and the total not to exceed $9,400.00). Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Douglass and Byers Nays: None Mayor Pro Tern Fuller declared the motion carried. (2) 20 ACRES - WESTERN PORTION OF EULESS . Mr. Schrickel stated that he had been contacted by Mr. Searcy Dobkins who has approximately 20 acres in the Western portion of Euless, which may be desirous for a park and that Mr. Dobkins is requesting $2,000.00 an acre. Mr. Schrickel informed the council that property adjacent to this site, belonging to Mr. Henry G. Richardson, of Dallas, might be considered as a park site. Councilman Samuels recommended that Mr. Richardson be contacted to determine if he is interested in selling' his property and this information be presented at the next council meeting. (3) MIDWAY PARK IMPROVEMENTS Mr. Schrickel informed the council that Midway Park 11 plans are complete and the estimates are $18,500.00. He stated that this includes a sprinkler system for a portion of the park, guard rails, entry wall and landscape development. Discussion followed and it was sug- gested that perhaps a different type of lighting fixture may be used in order to take advantage of the City's street lighting rate. 121 (Page Seven - Minutes of the Regular City Council Meeting, October 12, 1965) Mr. Schrickel stated that Mr. Conway �-- had been given the plans for the drainage channel in Midway park in which City Personnel will assist in the construction. VIII. ZONING CASE NO. 143 (Mr. M. L. Anders) City Manager Cowell read Planning and Zoning Minutes of October 5, 1965, Item III- A, which was a public hearing on re- zoning from "A" Residential to "C" Commercial for the West 2 of tract 125, Alexander Cullum Sub - Division. Mayor Pro Tern Bobby R. Fuller informed the council that the council is requested to set a date before the City Council for a public hearing on this request. Resolution I I I was presented with the proposed date of October 26, 1965, as the date for a public hearing. Councilman B i I I Byers made the motion to approve Resolution No. 111, scheduling this date for a public hearing. Councilman Samuels seconded the motion and vote is as follows: Ayes: Councilmen Samuels, Byers and Oouglass Nays: None Mayor Pro Tern Bobby Fuller declared the motion carried. IX. COMMERCIAL PERMIT NO. 27 (MEDICAL CLINIC, INDUSTRIAL BLVD.) City Manager Cowell informed the council that Mr. J. J. Thomas, had requested a commercial permit for a Medical Clinic to be constructed on Industrial Boulevard and that the plans had been approved by Building Inspector, Mr. Jack Bullard; however, these plans had not been presented to the Planning and Zoning Commission. After discussion, Councilman Samuels made the motion to approve the request for the commercial permit, contin- gent on the Planning and Zoning Commission's approval of the plans. Councilman Byers seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Byers Abstained: Councilman Douglass Mayor Pro Tern Fuller voted Aye, and declared the motion carried. X. LIBRARY BOARD APPOINTEES Mayor Pro Tern Fuller informed the council that the City officials had been advised that two members of the Library Board would be unable to serve due to other obligations, and therefore, request their resignations be accepted. They are as follows: Mr. R. L. White and Mr. Walt Nelson. Three vacancies exist on this board and the following persons were recommended for appointment to serve on the Library Board: Mr. Robert M. Soule, Mrs. H. C. Harris and Mr. Wayne O'Daniel. Councilman Byers made the motion to accept the resigna- tions, and approve the appointments as recommended. Councilman Douglass seconded the mot ion aid the vote is as follows: 122 (Page Eight - Minutes of the Regular City Council Meeting, October 12, 1965) Ayes: Councilmen Byers, Samuels and Douglass Nays: None Mayor Pro Tern Bobby Fuller declared the motion carried. XI. RESOLUTION 112 Mayor Pro Tern Bobby Fuller read a letter from Reverend Wayne LaCava, Secretary of the Euless Minister's Fellowship, which recommends that necessary steps be taken to proclaim Saturday, October 30th as the date for Halloween Trick or Treating in lieu of Sunday, October 31st. City Attorney James Cribbs read Resolu- tion 112 which is in compliance with the Euless Minister's Fellowship. Ayes: Councilmen Samuels, Douglass and Byers Nays: None Mayor Pro Tern Fuller declared the motion carried and Resolution 112 approved. (Copy of Euless Minister's Fellowhsip letter on file in Office of City Secretary. City Secretary was requested by Mayor Peo Tern to for- ward copies of Resolution 112 to newspapers, etc.) X11. ORDINANCE NO. 267 - CLOSING PUBLIC HEARING AND LEVYING ASSESSMENT After discussion, Councilman Samuels made the motion to suspend the rule whereby ordinances are read at two regular council meetings and the Ordinance No, 267, closing public hearing and levying assessment for a portion of the cost of improving a portion of Harwood Road from Highway No. 157 to North Main Street; fixing a charge and lien against abutting property and its owners; providing for the time and manner such assessments become due and payable, the rate of interest, and the conditions of default; directing the issuance of certificates of special assessment and declaring an effective date, be passed as an emer- gency ordinance. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels and Byers Nays: None Mayor Pro Tern Fuller declared the mot'ion carried, and Ordinance No. 267 duly approved. X1[:1. DRAINAGE CHANNEL AT SIMMONS DRIVE AND HIGHWAY 183 Mayor Pro Tern Bobby Fuller recog- nized Mr. Martin who stated that he is presently the owner of the Oak - crest Estates Apartments on Simmons Drive. He stated that several years ago when the apartments Were constructed, that a loan was obtained, con- Mrs. Wendell Reaves stated that she had contacted the school principal's and P. T. A organizations in the Euless Schools and that the schools and P. T. A. groups accord with this recommendation by the Euless Minister's Fellowship. Councilman Frank Douglass made the motion to approve Resolution 112. Councilman Samuels seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Douglass and Byers Nays: None Mayor Pro Tern Fuller declared the motion carried and Resolution 112 approved. (Copy of Euless Minister's Fellowhsip letter on file in Office of City Secretary. City Secretary was requested by Mayor Peo Tern to for- ward copies of Resolution 112 to newspapers, etc.) X11. ORDINANCE NO. 267 - CLOSING PUBLIC HEARING AND LEVYING ASSESSMENT After discussion, Councilman Samuels made the motion to suspend the rule whereby ordinances are read at two regular council meetings and the Ordinance No, 267, closing public hearing and levying assessment for a portion of the cost of improving a portion of Harwood Road from Highway No. 157 to North Main Street; fixing a charge and lien against abutting property and its owners; providing for the time and manner such assessments become due and payable, the rate of interest, and the conditions of default; directing the issuance of certificates of special assessment and declaring an effective date, be passed as an emer- gency ordinance. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels and Byers Nays: None Mayor Pro Tern Fuller declared the mot'ion carried, and Ordinance No. 267 duly approved. X1[:1. DRAINAGE CHANNEL AT SIMMONS DRIVE AND HIGHWAY 183 Mayor Pro Tern Bobby Fuller recog- nized Mr. Martin who stated that he is presently the owner of the Oak - crest Estates Apartments on Simmons Drive. He stated that several years ago when the apartments Were constructed, that a loan was obtained, con- 123 (Page Nine - Minutes of the Regular City Council Meeting, October 12, 1965) tingent on the drainage ditch being covered and that a covered drainage ditch would increase the area for parking at the apartment house, He further commented that the driveway from Simmons into the apartment area is so narrow that with cars parked there, that a fire truck could not drive in if needed. Mr. Martin stated that he just recently acquired Oakcrest Estates Apartments from Mr. Wood, the former owner. Mr. Ratliff, Consulting Engineer, commenhed that to cover a ditch of this size would be quite expensive, and that the present drainage ditch was constructed based on a twenty -five year frequency rain and that if the channel is covered, the dimensions would have to be changed and it would be necessary for him to recommend a larger channel. City Manager Cowell informed Mr. Martin, and the council, that in May, 1963, Mr. Wood had agreed to partici- pate in the construction costs by placing $8,000.00 in escrow. However, this money has not been deposited with the City. Mr. Martin stated that he would not participate in the expense to this drainage ditch, as the apartments themselves are a large taxpayer and that he does not feel that he should bear the cost that should be the responsibility of the City. He stated also, that the drainage ditch would be littered with trash and debris and that he did not consider the open drainage ditch ad- vantageous to his property. He stated also that he has complained several times to the City about the dirt that has been left on his driveway due to construction. After discussion, City Attorney Cribbs stated that he would suggest that Mr. Martin meet with the City Manager, City Attorney, and City Engineer on this matter, and perhaps they could come to some solution. XIV. JUNK CARS ORDINANCE Mayor Pro Tern Bobby Fuller stated that several cities have recently adopted ordinances pertaining to junk cars. City Attorney Cribbs was instructed to prepare an ordinance for presentation to the council. XV . DEDICATION DATE FC1R FIRE STATION NO. 2 City Manager Cowell informed the Council that Sunday, October 17, from 2 :00 to 4 :00 P.M., is the date for the dedication of Fire Station No. 2. XVI. GREATER COUNCIL OF GOVERNMENTS MEETING City Secretary Vada Ferris informed the council that a letter had been received from Mayor Vandergriff stating that October 13th at 7 P.M. was the date for the next meeting of the Greater Council of Governments. Art V-1 IRNMFnrr XVI1 The meeting adjourned at 11:30 P.M. ATTEST: APPROVED 124