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HomeMy WebLinkAbout1965-11-23153 Regular Meeting of the Euless City Council November 23, 1965 CALL TO ORDER The regular meeting of the Euless City Council was called to order by Mayor W. G. Fuller at 7:35 P.M., in the Council Chambers at the City Hall in Euless, with the following councilmen present: Councilmen Bobby Fuller, Frank Douglass, Don R. Warren, and Harold Samuels; absent was Councilman B i I I Byers, due to ill- ness in the family. Also present were City Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. INVOCATION The invocation was presented by City Attorney James Cribbs. APPROVAL CF MINUTES The minutes of the regular council meeting, November 9, 1965, and the called council meeting, November 18th were approved as written. VISITORS Visitors present were: Messrs. Norman .._. E l l i s , Guy Reeves, Herman Duncan, Dongld Davidson White, Merve Croston, Wayne O'Daniel, Robert M. Soule, W. J. "Doc'' Hyde, Jack Bullard, Mrs. Betty Potthoff, Mrs. Jack Browne and Mrs. Geneva Armstrong. I. LIBRARY BOARD BYLAWS Mrs. Jack Browne introduced Mr. Wayne O'Daniel and Mr. Robert Soule, members of the Library Board and Librarian, Mrs. Geneva Armstrong. Mrs. Browne stated that the Library Board was desirous of consideration of the By -Laws for this board. (Copy of which has been presented to each council member at an earlier date.) After discussion, it was agreeable to a l l members of the council that City Attorney James Cribbs review the By -Laws as presented by the Library Board. (Councilman Bobby Fuller stated that he was in favor of the By -Laws as presented if they were approved by City Attorney Cribbs.) Mayor Fuller thanked Mrs. Browne and the Library Board for their contribution to the City's Library. 154 (Page Two - Minutes of the Regular City Council Meeting, November 23, 1965) LIBRARY BAZAAR City Manager Lee Cowell informed the group present t h a t the L i b r a r y ' s Annual Bazaar w i l l be held at the Euless Junior High School on the 3rd and 4th of December. III. INTERVIEW PLANNER - MR, WHITE, REPRESENTING MORRIS PARKER AND ASSOCIATES Mr. White, who had been invited to appear before the council meeting, November 18th, expressed regrets that he did not attend the November 18th meeting for the interview of planners, due to the fact that he misread the letter and there was a mixup of dates. Mr. White presented a resume of professional qualifications and informed the council that he had been an associate with Morris Parker since August, 1965. Mr. White further informed the council that Morris Parker and Associates have been active in planning work in the cities of Hilldale, Mayberry and Kerens. Councilman Harold Samuels inquired of Mr. White as to the association of planning and architectural work - that he was familiar with Morris Parker and Associates as architects but was not aware that they were in the field of planning. Mr. White replied that the planning service offered by Morris Parker and Associates is a separate depart- ment and not connected with the architectural services of this firm. Mr. Wayne 0' Dan i e l, member o f t he Library Board, informed those present that there wi I I be several additions t o the Bazaar t h i s year; t h a t a door p r i z e w i l l be given and there wi I I be additional entertainment for youth of the area with a "Battle of the Bands ", and a dance to be held following the bazaar. He also mentioned that a television set will be given away. phases which may III. INTERVIEW PLANNER - MR, WHITE, REPRESENTING MORRIS PARKER AND ASSOCIATES Mr. White, who had been invited to appear before the council meeting, November 18th, expressed regrets that he did not attend the November 18th meeting for the interview of planners, due to the fact that he misread the letter and there was a mixup of dates. Mr. White presented a resume of professional qualifications and informed the council that he had been an associate with Morris Parker since August, 1965. Mr. White further informed the council that Morris Parker and Associates have been active in planning work in the cities of Hilldale, Mayberry and Kerens. Councilman Harold Samuels inquired of Mr. White as to the association of planning and architectural work - that he was familiar with Morris Parker and Associates as architects but was not aware that they were in the field of planning. Mr. White replied that the planning service offered by Morris Parker and Associates is a separate depart- ment and not connected with the architectural services of this firm. Councilman Frank Douglass inquired of Mr. White his knowledge of the 701 Plan (Federal Grant). Mr. White stated that he has seen good and bad sides of the 701 Plan, as he was employed by the F.F.H.A, he does not believe that the difference in cost would be more than 10 to 20% if the City chooses not to use the 701 Plan. Councilman Douglass asked Mr. White why cites do not use the 701 Plan, and Mr. White stated that some cities did not wish to wait for their application to be processed; that some cities had sufficient money and did not need additional funds. Mr. White informed the council that he has not had an opportunity to study the City's present Master Plan, but if selected as a planning firm for the City, he would evaluate it to determine what has been done since the plan was adopted and of the phases which may be utilized in a plan for the future. Councilman Frank Douglass inquired of Mr. White his knowledge of the 701 Plan (Federal Grant). Mr. White stated that he has seen good and bad sides of the 701 Plan, as he was employed by the F.F.H.A, he does not believe that the difference in cost would be more than 10 to 20% if the City chooses not to use the 701 Plan. Councilman Douglass asked Mr. White why cites do not use the 701 Plan, and Mr. White stated that some cities did not wish to wait for their application to be processed; that some cities had sufficient money and did not need additional funds. 155 (Page Three - Minutes of the Euless City Council Meeting, November 23, 1965) Mayor Fuller informed Mr. White that '— the council had decided to select two cities of those interviewed, for further conference. Mr. White was informed that he would be notified within a week to ten days of the council's decision. Mr. White stated that he had worked in the City of Benbrook with the engineering firm of Gregory, Knowlton and Ratliff, the City's Consulting Engineers and that he is familiar with Jarvis, Putty and Jarvis, the City's architects. M r . White was thanked for h i s presen- tation. (Copy o f the professional record presented by M r . White on f i l e in Office of City Secretary.) IV. PROPOSED TEN YEAR (ELECTRIC) AGREEMENT WESTERN SEWAGE TREATMENT PLANT TEXAS ELECTRIC SERVICE COMPANY) City Manager Lee Cowell informed the council that Texas Electric Service Company has proposed a ten year agreement for electric service to the City's western sewage treatment plant and, by entering into this agreement with Texas Electric Service Company, the City would save approximately $290.00, annually for this one installation. There was discussion concerning the proposed ten years - it was mentioned that the council had discussed in previous meetings, five years rather than ten years. Councilman Samuels made the motion to approve the agreement as presented. Councilman Bobby Fuller seconded the motion. After further discussion, Councilman Samuels withdrew his motion. The City Attorney entered into the discussion with the councilmen and he stated that, in his opinion, there should be a clause in the agreement stating that this contract can be terminated at any time, rather than merely having a verbal agreement to this effect. After further discussion, Councilman Douglass made the motion that the ten year agreement be approved for this one installation only; and that the contract stipulate that this agree- ment may be terminated at any time, if the plant operation is discontinued or at the sale of the property. Councilman Samuels seconded the motion and the vote is as follows: Ayes: Councilmen Warren, Douglass, Samuels and F u l l e r Nays: None -- Mayor W. G. Fuller declared the motion carried. (Page Four - Minutes of the Regular City Council Meeting, November 23, 1965) v. PROPOSED PURCHASE CF RIGHT -OF-WAY THROUGH THE VAESTERN SEWAGE TREATMENT PLANT BY THE C I T'Y CF FORT VV RTH City Manager Lee Cowell informed the council that he and Mayor Fuller had met with ter. Guthrie, as re- quested by the council at a previous meeting, and that discussion of the proposed purchase of the right -of -way through the western sewage treatment plant resulted in a sale pri);e of $800.00, an acre to the City of Euless. Mr. Cowell further advised that he had further dis- cussed this matter with Mr. Paul Gregory and that Mr. Gregory had stated that it would be very difficult to determine an exact location where an easement might be needed in the future. City Attorney Cribbs stated that it is his understanding that this right -of -way is for the purpose of laying a water line and that the City of Fort Worth does not plan to construct a street in this area at this time. Mayor Fuller stated that Mr. Guthrie has informed him that this right -of -way is needed for the construction of a road; that necessary right -of -way on both sides of this property have been obtained and that this right -of -way is vital to their future plans. City Manager Cowell informed the council that if the council does not sell the 4.64 acres to the City of Fort Worth, he is of the opinion that a condemnation suit will be filed and more than likely, the City of Fort Worth could obtain property in this manner. Mayor Fuller stated that he has checked with the engineers and that they have assured him that a road in this area would not interfere with the operation of the water and sewer plant. In answer to a question by Council- man Douglass, City Manager Cowell stated that he did not know what the cost of curbs and gutters would be if a street is constructed through the property, it could be as many as five years before assessment of curbs and gutters would be presented. Mayor Fuller stated that, in his opinion, the City would not lose on this transaction if this right -of -way is sold for $800.00 per acre. Councilman Bobby Fuller inquired if it might be possible to negotiate a swap -out for this property. Mayor Fuller stated, t h a t from a l l indications, this seemed an impossibility. After discussion, Councilman Warren made the motion that the City accept the proposal of $800.00 an acre offered by Fort Worth and sell the 4.64 acres of land at the location of the western sewage treatment plant. Councilman Samuels seconded the motion and the vote is as follows: 157 (Page Five - Minutes of the Regular City Council Meeting) (November 23, 1965) Ayes: Councilmen Warren and Samuels Nays: None Abstintions: Councilmen Fuller and Douglass Mayor Fuller declared that the motion did not carry. VI. SPECIAL PERMIT FOR THE DAY NURSERY IN WILSHIRE VILLAGE City Attorney Cribbs read a letter presenting his legal opinion on the request by Mr. Herman Smith for a special permit to construct and operate a kindergarten in Wilshire Village - the location now zoned "A" Residential. Mr. Cribbs' letter indicated there are several considerations in this matter and that he has informed Mr. Smith that his best course would be to make application for a change in zoning from "A" Residential to Business district and let the respective City Commissions consider the request upon due pub - I i c hearings. Mr. Cribbs advised that a copy of this letter has been forwarded to Mr. Smith. There was no council action on this matter. VII. FIRST READING - ORDINANCE REZONING MR. M. L. ANDERS PROPERTY ON SOUTH MAIN City Manager Lee Cowell presented the ._, first reading of an ordinance rezoning from "A" Residential to "C" Commercial property belonging to Mr. M. L. Anders. Councilman Douglass made the motion to approve the fi rst reading of this ordinance. Councilman Samuels secon- ded the motion and the vote is as follows: Ayes: Councilmen Fuller, Douglass and Samuels Nays: None Abstintions: Councilman Don Warren Mayor Fuller declared the motion carried. (Second reading on December 14, 1965) VI 11. TAX STATUS - MASONIC LODGE City Manager Cowell read a letter from Mr. Charles St ipe, Auditor with Arthur Young and Company, dated October 19, 1965, which Mr. Strnpe's firm states that the Tax Office record indicates that the Estelle Masonic Lodge 5$2 has not paid City taxes for the years 1962, 1963, 1964, and 1965. His letter indicates that there is a note on the tax office records that this property was exempt from City taxes, but not from school taxes, by order of the Euless City Council. Mr. Cowell stated that the City Secretary has found two instances in the minutes of several years ago where the council discussed this matter with a rep- resentative of the lodge, but no motion was made and no action taken. (Page Six - Minutes of the Regular City Council Meeting, November 23, 1965) City Attorney Cribbs had been requested to submit a legal opinion in this matter and return a letter relative to same. He stated that many communities in the State of Texas do not tax masonic lodges or other fraternal organizations, and that a City may legally tax a property unless it can be established that the organ- ization is a public charity. After further discussion, Council- man Douglass made the motion that the taxes, as mentioned, be stricken from the records and effective January 1, 1966, the lodge would be taxed, and that there will be no further exemptions until the lodge secures approval from the council. Councilman Douglass' motion died for lack of a second. Councilman Bobby Fuller stated, that if it is acceptable to the council to table this matter until the Dec- ember 14th regular meeting, he will check with the Worshipful Master of the Estelle Masonic Lodge to determine if there is some legal evidence that the Lodge is a charitable organization. The council was in agree- ment with Councilman Fullers' suggestion. (Copy of City Attorney's letter on f i le in Office of City Secretary.) IX. MR_ GUY REEVES - 60 FOOT TEMPORARY EASEMENT - V\ESTERN SEV\AGE TREATMENT PLANT Mr. Guy Reeves appeared before the council requesting a 60 -foot temporary easement for a cattle crossing on the western sewage treatment plant. He stated that he would waive a l l responsibilities of any damages against the City. He stated that he would like to place a fence on this easement to permit his cattle to cross from one pasture to another. Mr. Reeves is an adjoining prop- erty owner to the City's western sewage treatment plant. Mr. Reeves further stated that he would move the fence upon thirty (30) days notice by the City. City Attorney James Cribbs stated that he would recommend that a lease be granted, stipulating metes and bounds of the property to be leased by Mr. Reeves. Mr. Reeves commented that he did not see the necessity of this - that he merely wished to step off 100 feet one way and 100 feet in another direction. After considerable discussion, Councilmen Douglass made the motion that a lease be granted to Mr. Reeves for a 60 -foot temporary easement in the City's western sewage treatment plant, and the lease be formulated by the City Attorney and City Manager; and the lease should stipulate that the City has a right to terminate this lease on thirty (30) days notice. Councilman Bobby Fuller seconded the motion and the vote is as follows: After discussion, Councilman Warren made the motion that the taxes of the years in question be placed on the tax records and that the Estelle Masonic Lodge may have a represen- tative appear before the council in order for it to be clarified if this organization is a charitable group. Councilman Warren's motion died for lack of a second. After further discussion, Council- man Douglass made the motion that the taxes, as mentioned, be stricken from the records and effective January 1, 1966, the lodge would be taxed, and that there will be no further exemptions until the lodge secures approval from the council. Councilman Douglass' motion died for lack of a second. Councilman Bobby Fuller stated, that if it is acceptable to the council to table this matter until the Dec- ember 14th regular meeting, he will check with the Worshipful Master of the Estelle Masonic Lodge to determine if there is some legal evidence that the Lodge is a charitable organization. The council was in agree- ment with Councilman Fullers' suggestion. (Copy of City Attorney's letter on f i le in Office of City Secretary.) IX. MR_ GUY REEVES - 60 FOOT TEMPORARY EASEMENT - V\ESTERN SEV\AGE TREATMENT PLANT Mr. Guy Reeves appeared before the council requesting a 60 -foot temporary easement for a cattle crossing on the western sewage treatment plant. He stated that he would waive a l l responsibilities of any damages against the City. He stated that he would like to place a fence on this easement to permit his cattle to cross from one pasture to another. Mr. Reeves is an adjoining prop- erty owner to the City's western sewage treatment plant. Mr. Reeves further stated that he would move the fence upon thirty (30) days notice by the City. City Attorney James Cribbs stated that he would recommend that a lease be granted, stipulating metes and bounds of the property to be leased by Mr. Reeves. Mr. Reeves commented that he did not see the necessity of this - that he merely wished to step off 100 feet one way and 100 feet in another direction. After considerable discussion, Councilmen Douglass made the motion that a lease be granted to Mr. Reeves for a 60 -foot temporary easement in the City's western sewage treatment plant, and the lease be formulated by the City Attorney and City Manager; and the lease should stipulate that the City has a right to terminate this lease on thirty (30) days notice. Councilman Bobby Fuller seconded the motion and the vote is as follows: 157 (Page Seven - Minutes of the Regular City Council Meeting, November 23, 1965) Ayes: Councilmen Douglass, Samuels, Fuller and Warren Nays: None Mayor Fuller declared the motion carried. X. ORDINANCE APPROVING TEXAS POWER AND LIGHT COMPANY RATE SCHEUULES City Manager Lee Cowell stated that Texas Power and Light Company is desirous of granting a small reduction in rates and an ordinance to this effect has been approved as to form by the City Attorney. motion to approve the first Samuels seconded the motion Ayes: Councilmen Nays: None Mayor Fuller declared the rr on December 14, 1965.) EQUIPMENT BIDS Councilman Bobby Fuller made the reading of this ordinance. Councilman and the vote i s as follows: Samuels, Douglass, Fuller and Warren iot ion carried. (Second reading of Ordinance XI. USED TRACTOR WITH ATTACHMENTS City Manager Lee Cowell informed the council that bids were opened at the City Hall on Nobember 19, 1965, on a used tractor with attachments and a Station Wagon for the Fire Depart- ment. (Copy of bid tabulations sent to council members on date of bid open16g.) Counc i Iman Bobby F u I I e r made t h e motion that the bid submitted by Clemons Tractor Company on a used tractor, in the amount of $3,561.03 be accepted by the City. Council- man Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Douglass and F u l l e r Nays: None Mayor Fuller declared the .motion carried. FIRE DEPARTMENT STATION WAGON City Manager Lee Cowell informed the council that Fire Chief Jack Hauger has recommended the second low bid with a $50.00 trade in - a Belvedere with an 8- cylinder engine - in the amount of $2,351.33, submitted by Forest Park Plymouth. Councilman Warren made the motion to concur with the City Manager and Fire Chief's recommendation and accept the second low bid offered by Forest Park Plymouth on the 8- cylinder Plymouth. Councilman Samuels seconded the motion, and the vote is as follows: (Page Eight - Minutes of the Regular City Council Meeting, November 23, 1965) Ayes: Councilmen Warren, Fuller, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of bids and bid t a b u l a t i o n s on f i l e in Office of City Secretary.) EXPENDITURE STATEMENTS ME LE -TAN CONSTRUCTION COMPANY U T I L I TY ADJUSTMENT City Manager Lee Cowell submitted a statement in the amount of $9,030.20, from Le -Tan Construction Company for a Utility Adjustment near State Highway 121, with a letter of recom- mendation from the Consulting Engineers, Gregory, Knowlton and Ratliff, recommending payment of this estimate to Le -Tan Construction Company. In answer to a question by a member of the council, City Manager Cowell stated that he concurs with the engineer's recommendation. Councilman Fuller made the motion to con- cur with the City Engineer's recommendation to pay this expenditure in the amount of $9,030.20, to Le- Tan Construction Company. Councilman Samuels seconded the mot ion a-id the vote is as follows: Ayes: Councilmen Warren, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. GREGORY, i \KWTCN AND RATL 1 FF City Manager Lee Cowell presented statements from the Consulting Engineers Gregory, Knowlton and Ratliff in the following amounts: General Consultat ion $ 240.36 Streets and Drainage 2,258.58 Water and Sewerage 782.79 City Manager Lee Cowell stated that he recommends payment of these statements. Councilman Bobby F u l l e r made the motion to concur with the City Manager's recommendation and pay the statements as presented. Councilman Samuels seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Douglass, Fuller and Warren Nays: None Mayor Fuller declared the motion carried, 161 (Page Nine - Minutes of the Regular City Council Meeting, November 23, 1965) PAYMENT TO S. R. 0. ASPHALT CONTRACT NO. 2, ESTIMATE N0. 8 City Manager Cowell stated that Mr. Paul Gregory has advised that S. R. 0. Asphalt has complied with the requests of the City to the extent that Estimate No. 8, Contract No. 2 in the amount of $29,076.16, can be paid. (This payment withheld pending compliance with contractors following council action, November 9th) XI 11. AUTHORIZATION - TEMPORARY BORROWING OF OPERATING CAPITAL FOR WATER AND SEWER DEPARTMENT FROM CITY'S GENERAL FUND City Manager Cowell informed the council that the water and sewer department w i I I need financing from a source other than collections during the winter months, and he is re- questing council authorization to borrow from the City's General Fund, $50,000.00 to $60,000.00, for the water and sewer department operating fund. Councilman Bobby Fuller inquired if interest is to be paid on this money. City Manager Cowell stated that he would suggest negatively; however, Mayor Fuller commented that he is of the opinion that this loan should be handled on a business -Like basis and that interest should be charged. After considerable discussion, Councilman Warren made the motion that authorization be granted to permit the water and sewer department to borrow money from the General Fund w i t h a l i m i t of $50,000.00, with interest at the rate of 4o per annum. Councilman Samuels seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Warren, Douglass and F u l l e r Nays: None Mayor Fuller declared the motion carried. XIV. U SCUSSION OF MEDIANS ON HIGHWAY 183 City Manager Lee Cowell read a letter from Mr. R. W. Crook, District Manager with the Texas Highway Department, in which Mr. Crook explained that it is not feasible to create openings in some of the medians on Highway 183 without closing some openings. His letter is a reply to a letter from City Manager Lee Cowell of October 18th in which Mr. Cowell inquired of the possibility of creating additional openings in the medians; specifically, the median near the new Dairy Mart just east of Highway 157 and the median near Pamela Drive and the Wig- wam Cafe. (Page Ten - Minutes of the Regular City Council Meeting, November 23, 1965) Councilman Samuels commented concerning Wilshire Drive and Highway 183, stating that, in this area, the median is so arranged that it is difficult to turn into the east bound land without crossing both lanes of traffic on the east side of the highway. After considerable discussion, City Manager Cowell commented that perhaps Mr. Crook should be presented in- formation concerning the highway problems in the City of Euless due to the fact that Mr. Crook may not be aware of the increased traffic in this area. Councilman Bobby Fuller made the motion that City Manager Cowell secure maps and other data relative to the medians and traffic problems in the City of Euless and present them to Mr. Crook with a request to re- evaluate the traffic count in the City of Euless. Councilman Warren seconded the motion and the vote is as follows: Ayes: Councilmen Fuller, Douglass, Warren and Samuels Nays: None Mayor Fuller declared the motion carried. Chief of Police, W. M. Sustaire, informed the council that in a few weeks a safety engineer from the Department of Public Safety will be in this area and he will request that a survey be made and presented to the City with recommendations concerning the traffic in the City of Euless. ffim CITY ATTORNEY'S REPORT PAUL REVERE AND JOHN HUTCHINSON I ITI!'_ATInKIC City Attorney Cribbs informed the council that December 8, 1965, at 9:00 A.M. in Conference Room 250 in the Tarrant County Courthouse, a hearing w i l l be held on the condemnation suit filed against John P. Hutchinson, (Raider Drive) and that a similar hearing w i l l be held in the condemnation hearing on the City versus Paul Revere and Company (Harwood Road); however, a meeting is scheduled for Wednesday, November 24, 1965, in an effort to settle the Paul Revere Litigation case outside of court. DE- ANNEXAT 10 N City Attorney Cribbs informed the council that December 30, 1965, has been scheduled for a hearing on the de- annexation litigation. (Minters Chapel - Glade Road Home Owners Association.) MRS. BETTY KENNEY I ITIr_ATInnI City Attorney Cribbs informed the j63 (Page Eleven - Minutes of the Regular City Council Meeting, November 23, 1965) council that he has filed an answer to Mrs. Kenney's suit against the City in which she states that the City took a portion of her property when improvements were made to South Main Street. Mr. Cribbs stated that, after checking with the City Engineers and with a surveyor, it has been determined that the City did not take property belonging to Mrs. Kenney. XVI. CITY MANAGER'S REPORT ON THE ENVIRONMENTAL CRISIS MEETING IN AUSTIN City Manager Lee Cowell informed the council that he and Mayor Fuller, with Architect Duane Jarvis, attended the Environmental Crisis Meeting in Austin, which was brought about by Mrs. Lyndon Johnson's request for beautification. He stated that it was a very interesting meeting and that he and Mayor Fuller attended separately in order for each to secure as much information as possible which would be beneficial to the City. Mayor Fuller commented t h a t a f i l m (colored slides) had been presented on the Murder of Silence, which depicts the silence of the country and then the noise of the City. He further stated that he felt that it would be advantageous for showing in the City of Euless if a group of several hundred people were interested the film. After discussion, it was agreed that the City Manager should pursue the idea of aligning some of the City's civic organizations who might be interested in securing this f i I m for showing in the City of Euless. XVI I. ADJOURNMENT Councilman Bobby Fuller made the motion to adjourn the meeting. Councilman Douglass seconded the motion, and the meeting adjourned at 10:15 P.M. APPROVED: MAYOR ATTEST: City Secretary X64