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HomeMy WebLinkAbout1965-12-2879 Regular Meeting of the Euless City Council December 28, 1965 CALL TO ORDER The regular meeting of the Euless City Council was called to order by Mayor M. G. Fuller at 7:35 P.M., in the Council Chambers at the City Hall in Euless, Texas, with the following councilmen in attendance: Councilmen Frank Douglass, Don R . Marren, B i l l Byers and Bobby Fuller. Councilman Harold Samuels was absent. Also present were City Manager Lee Cowell, Attorney B i I I Bondurant, in the absence of City Attorney James Cribbs, and City Secretary Vada Ferris. INVOCATION The invocation was presented by Councilman Bobby R. Fuller. APPROVAL CF MINUTES The minutes of the regular meeting, December 14, 1965, were approved as written. VISITORS Visitors present were: Messrs. Henry Keller, Rupert Bogan, John A. Tyler, Paul D. Gregory, Robert W. Ryan, Jr., Hunter McLean, R. L. Knowlton, Dub Brandon, Jack M. Bullard, Sam Knight, Merrill C. Morong, B i I I Ratliff and Mrs. Betty Potthoff. PROPOSED TELEVISION CABLE FRANCHISE (BASS BROADCASTING COMPANY) Mr. Ryan, Attorney for Bass Broadcasting Company of Los Angeles, California, appeared before the council to discuss the proposed franchise Agreement, which had been modified by City Attorney James Cribbs and Mr. Ryan, following the December 14, 1965, council meeting. (Each council member had been presented a copy of the proposed franchise, p r i o r t o the December 28th c o u n c i l meeting.) M r . Ryan i n t r o - d u c e d M r . Hunter McLean, who w i l l be a principal stock holder in the micro- wave television project in the Mid - Cities area. Mr. Ryan informed the council that he had met with City Attorney James Cribbs, Mayor Fuller and City Manager Cowell, to discuss this proposed franchise ordinance, and Bass Broadcasting Company is desirous of consideration of the newly drafted ord- inance. Mr. McLean commented that his firm will channel into this area Major League Baseball, Broadway Shows, Horse Races, and various other events not availabde on the channels presently operating in this area. Mayor Fuller informed Mr. Ryan and Mr. McLean that several television firms have requested an and ence with the council, therefore, a decision would not be made at this t me concerning the proposed franchise agreement. Mr. Ryan thanked the counci for granting this interview and advised they would return later in the meet ng, after attending the Hurst City Council meeting. ISO (Page Two - Minutes of the Regular City Council meeting, December 28, 1965) TAX ROLL ADJUSTMENTS City Manager Cowell informed the council that a representative from the Tax Office was present to discuss the additions to and deletions from the Tax Roll which was tabled at the December 14th meeting, due to a lack of information pertaining to the Tax Roll Adjustments. Mr. Brandon, an employee at the Tax Office, discussed the adjustments and explained that the deductions from the Tax Roll were for various reasons - an error in assessment, due to per- sonal property having been rendered - church property, should have been exempt, etc. After discussion, Councilman Douglass made the motion to approve the Tax Roll Adjustments as presented. Council- man Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Warren and Fuller Nays: None Mayor W. G. Fuller declared the motion carried. (Copy of Tax Roll Adjust- ments signed by City Officials, one copy forwarded to Tax Office and one copy on f i le in Office of City Secretary.) ENG I N E E R'S REPORT PROPOSED EAST SEWAGE TREATMENT PLANT Mr. Paul Gregory, Consulting Engineer, displayed a large map of the Euless City Limits, and surrounding areas, pointing out the East Sewage Treatment Plant, and informed the councilmen that this sewage treatment plant is inadequate for the future growth that is anticipated in the Eastern Euless City Limits. He stated that, in his opinion, the council should consider an additional treatment facility, north and east of the present Eastern Sewage Treatment Plant. Mr. Gregory explained that the engineer's are, at this time, requesting council authoriza- tion to make application to the State Health Department for this facility, and authorization to proceed with aerial photography of the area which should be beneficial in determining the exact location for the treatment plant. He commented that there would be six (6) or eight (8) months of planning necessary for a facility of this type. Mayor Fuller inquired of Mr. Gregory concerning the possibility of the airport authority condemning the site and taking it from the City of Euless. Mr. Gregory stated that this is a possibility, but that in order to accomplish this, the airport authority must determine that they have a better need for the site than the City of Euless, and that they can treat sewage more economically. Mr. Gregory further stated that the aerial photography and planning phase for this pro- ject would cost approximately $3,000.00, to $4,000.00. Mr. Dick Knowlton, Consulting Engineer stated that he had been in conference with the F.A.A., and had informed them of the possitil ity of the treatment plant being located in this area - that he had advised the F.A.A. that they would be kept informed of the progress of this project. 181 (Page Three - Minutes of the Regular City Council Meeting, December 28, 1965) After further discussion, Council- '—" man Fuller made the motion to authorize the consulting engineers to proceed with the plans on the sanitary sewer systems eastern plant at a cost not to exceed $3,000,00. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Fuller, Byers and Douglass Nays: None Mayor Fuller declared the motion carried. PLAT APPROVAL AND DISCUSSION CF THE DEDICATION CF PARK STREET Mr. B i I I Ratliff, Consulting Engineer, informed the council that he has been advised that Dr. Case and his associates are desirous of plat approval and dedicating Park Street to the City of Euless (this street located near the Park Center Hospital and the Case apartments). In order for the council to be better informed on this matter, Mr. Ratliff stated that Mr. Case had constructed Park Drive as a private driveway and, in the Spring of 1965, had expressed a desire to dedicate this street to the City. However, due to the lack of a drainage easement adjacent to the property, this matter was tabled for an opinion by the Consulting Engineers. The Consulting Engineers had informed the owners of the property that it w i I I be necessary to secure a drainage easement in order to comply with the City's regulations. However, Johnson - Campbell Lumber Company, owners of the property adjacent to this street on the north, have been approached concerning the footage necessary for an easement, and have not indicated their willingness to dedicate the necessary footage. Letters from City Attorney Cribbs were submitted, in which he stated that he does not believe that the City can force Mr. Case to acquire a drainage easement across the adjacent property before approving his final plat. Mr. Cribbs further stated that, in his opinion, he could see no reason why this plat should not be approved unless the engineers feel that the developer can solve this drainage problem by some manner of construction on his own property. Discussion followed, and several councilmen commented concerning the water which would drain onto adjoining properties if a utility easement is not acquired. Mayor F u l l e r recommended that a letter be formulated from the council, stating the requirements necessary in this matter, and that they must be complied with before the City will approve the final plat, and accept dedication of Park Street. The council members were in agreement with the Mayor's recommendation and City Manager Cowell was authorized to submit this letter. TRI- CITIES DEVELOPMBNT - ESCROW FUND City Manager Cowell informed the council that the City Secretary's office has been requested by telephone 182 (Page Four - Minutes of the Regular City Council Meeting, December 28, 1965) to refund a portion of the money placed in escrow in May, 1964, by Tri - Cities Development Company, for street improvements to Simmons Drive adjacent to Lots 1 & 2, Blk. 15, Oakwood Terrace, 5th filing. Mr. Ratliff stated that the amount placed in escrow had been in excess of the amount which appeared on the assessment public hearing notice, and, therefore a refund was being requested in the amount of $446.75. The minutes of October 16, 1961, were introduced in this matter, and the following is an excerpt from these minutes: Mr. Paul Heard appeared before the City Council pre- senting the final plat on Oakwood Terrace 5th filing. Motion was made by Councilman Byers and seconded by Councilman Fuller, to approve this plat, subject to receipt of a letter from T r i - C i t i e s Development Corporation t o the effect t h a t no b u i l d - i n g permit a p p l i c a t i o n s w i l l be made for the erection of houses on Simmons Drive until a sum is deposited in escrow with the City sufficient to fu I ly improve one -half of Simmons Drive from Highway 183 to Bayless Drive to meet City specifications or until Simmons Drive is permanently improved to City specifica- tions. This plat having been previously approved by the Planning & Zoning Commission, vote in favor of this motion was unanimous. City Manager Cowell read the agree- ment signed by Mr. B. J. Reaves, of Tri- Cities Development Company in May, 1961, at the time money was placed in 'escrow with the City Secretary. After further discussion, it was agreed that Tri- Cities Development Corporation should be informed that there was an error on the assessment roll, and since money had been placed in escrow for improvements to this portion of the street, the assessed amount will be stricken from the assessment roll. Councilman Fuller made the motion to approve the striking of this property from the assessment roll and the City Manager was authorized to inform Tri - Cities Development Corporation of the council's action in this matter. Councilman Warren seconded the motion and the vote is as follows: Ayes: Councilmen Warren, Fuller, Douglass and Byers Nays: None Mayor W. G. Fuller declared the motion carried. GREENHILLS PARK DRAINAGE Mr. B i l l Ratliff informed the council that he has investigated the drainage problem at Lots 29 & 30, Block 3, Greenhills Park, Second installment as requested by the council. He stated that the estimated cost to correct this existing drainage problem i s $16,546.00. 183 (Page Five - Minutes of the Regular City Council Meeting, December 28, 1965) Discussion followed in which the council agreed that the City does not have funds available for improvements to this drainage channel and that some other means of correction should. be determinted. At a previous council meeting, it was suggested that the forms which had been I e ft inside the drainage channel at the time of construction should, by some means, be removed. However, the council members were reminded that the City does not have an easement at this location and, therefore, it would be necessary to consult the property owners in this area in an effort to determine a way to either remove the forms from the drainage channel, or attempt to secure another solution to this drainage problem. PROPOSED NORTH -SOUTH THOROUGHFARE (TIMBERLINE ESTATES) City Manager Cowell informed the council that Mr. Andy Winters, Developer, of the Timberline Estates in the North Western section of Euless is desirous of the council determin- ing the approximate location of the North -South thoroughfare, in order that he may proceed with the development in Timberline Estates. Mr. Ratliff presented each council member with a plat showing the location of Timberline Estates and the route he proposed for the North -South thoroughfare. Mr. Ratliff further stated that he has chosen this par- ticular location for several reasons; (1) to keep the street entirely in the City of Euless in order that both sides of the street may be curbed and guttered and improved. (the proposed thoroughfare located near the Bedford City Limits) (2) 320 feet is needed to have two turn lanes, one I e ft turn and one right turn onto Highway 183. Mr. Cowell stated that Mr. Winters is desirous of having, at least, a temporary road section into his housing development, realizing that a premanent street w i I I not be con- structed in that area until, possibly, another bond election. City Manager Cowell stated that Mr. Walter Elliott has presented a plat designating a proposed thorough- fare, which varies somewhat to the one submitted by Mr. Ratliff. Mr. E I I i ott has advised that some of the property owners in the area have agreed to donate land for this thoroughfare. The plans submitted by M r . E I I i o t t w i l l not permit a 900 turn onto 183, which the consulting engineers deem advisable. However, after considerable discussion, Councilman Douglass made the motion to approve the plat as submitted by Mr. Elliott, Councilman Warren seconded the motion, and the vote is as f o I lows: Ayes: Councilmen Fuller, Douglass, Byers and Warren Nays: None Mayor Fuller declared the motion carrei�d. HE (Page Six - Minutes of the Regular City Council Meeting, December 28, 1965) lum CITY- DEVELOPER AGREEMENT NOTTINGHAM ADDITION - BEDFORD City Manager Cowell informed the council that Messrs. Arthur and Gary Taliaferro were desirous of approval of the City - Developer Agreement, in order that they may extend water and sewer lines into the Nottingham Addition in the City of Bedford. Mr. Cowell read a letter from City Attorney James Cribbs, commenting on the City - Developer Agreement and attached documents. (Copy of Mr. Cribbs letter a part of official minutes.) After discussion, Councilman Byers made the motion that the City - Developer Agreement be accepted and approved and that the City Attorney be authorized to prepare a resolution where- by a developer may proceed with construction in sub - divisions without council action if the qualifications, as stipulated in the policy, are met by the Developer. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Fuller, Byers, Douglass and Warren Nays: None Mayor Fuller declared the motion carried. 9 DISCUSSION - TELEVISION FRANCHISE AGREEMENT _ WBAP - TV Mr. Tyler, representing WBAPTV introduced Mr. Bogan, Technical Engineer with WBAP -TV, and expressed appreciation to the council for this interview. Mry. Tyler submitted a proposed ordinance requesting a Cable Television Franchise Agreement to exist between the Carter Communication, Incorporated, and the City of Euless. Mr. Tyler commented that he does not forsee an advance in television programs within the next five years, however, his firm, if granted a franchise, wi I I use twelve (12) channels; the five already in existence in this area, and the others to carry programs not available l o c a l l y , due t o governmental regulations. One channel w i l l be a con- stant weather station located in the City of Euless; it would be on the air continuously - he commented that if at 3:00 A.M., you desire to know the wind velocity, correct temperature, etc., this information would be available on this one weather channel. He stated that the reception to the five existing channels would be much better than the reception at this time, and that color reception would be clear and distinct, with- out the use of an antenna. Mr. Tyler further commented that the Carter Communications are desirous of using existing poles and that they are prepared to go under ground where it is necessary. In answer to a question by the City Manager, Mr. Tyler statedthat an amplifier must be placed above the ground; however, they are housed in concrete encasements, and located on a - --- utility easement. He further commented that it is not necessary to have one of these amplifiers for each subscriber. Mr. Tyler further stated that Carter Communications and the City of Euless would have to work I 00 (Page Seven - Minutes of the Regular Meeting of the City Council, December 28, 1965) together on the location of the amplifiers, especially in sub - divisions where above - ground facilities are prohibited. Mr. Tyler commented that one channel could program the stock market - one channel, possibly, could be classified as a warning channel whereby a police dispatcher could broadcast an approaching tornado to subscribers. He stated that the fee is approximately $5.00 monthly to subscribers and that the installa- tion fee of $1-0.00 is sometimes waivered. In answer to a question, he stated that the tower would be approximately 50 feet; however, he was not certain of this. Mr. Tyler commented that the Euless Franchise is not dependent upon other cities in this area; however WBAP -TV is seeking franchise agreements in other cities. Mayor Fuller informed Mr. Tyler that the proposed franchise would be submitted to the City Attorney for study and he would be notified of any further council consideration. (MESSRS, RYAN AND MCLEAN RETURNED TO THE MEETING AT THIS TIME) CAS MANUFACTURING COMPANY MICRO -WAVE TELEVISION City Manager Cowell read a letter from Mr. John G. Campbell, President, CAS Manufacturing Company, in which interest was expressed for an interview with the council for the purpose of applying for a CATV franchise in the City of Euless. The council agreed to postpone any decision in the granting of a franchise agreement for micro -wave television until other firms expressing an interest had an opportunity for an interview and the City Attorney had evaluated the proposed rranchise agreements. (All interested firms to be notified of date and time of presentation to council.) VI. RESOLUTION NO. 113 - CALLING PUBLIC HEARING - GREENH I LLS PARK City Secretary Vada Ferris presented Resolution No. 113, calling a public hearing on January 11, 1966, for rezoning from "A" Residential to "B" Local Business, Lots 1 and 2, Block 6, Greenh i 1 is Park Addition, First Installment, which has been requested Mr. Z. L. Simpson. Councilman Bobby Fuller made the motion to approve the Resolution as presented. Councilman Frank Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Fuller Byers and Warren Nays: None _... Mayor W. G. Fuller declared the motion carried. (Copy of Resolution 113 on fi I e in Office of City Secretary). (Page Eight - Minutes of the Euless City Council Meeting, December 28, 1965) VI RESOLUTION 114 - REZONING TRACT NEAR GLADE ROAD AND HIGHWAY 157 MR. J. D. SMITH City Secretary Vada Ferris presented Resolution No. 114 calling a public hearing on January 25, 1966, for the rezoning from "A" Residential to "C" Commercial; property located in the vicinity of Glade Road and Highway No. 157 as described in the metes and bounds, Exhibit "A ", attached to a copy of the resolution. This rezoning is requested by Mr. J. D. Smith, Councilman Fuller made the motion to approve Resolution No. 114 as presented. Councilman Frank Douglass seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Fuller, Byers and Warren Nays: None Mayor Fuller declared the motion carried. (Copy of Resolution No. 114 on file in Office of City Secretary.) VIII. CITY MANAGER'S REPORT PROPOSED WATER DEPARTMENT BUDGET A copy of the proposed water and sewer department budget for the 1965 -66 Fiscal Year was presented to each council member on December 23, 1965, in order for each to have time to evaluate the proposed budget prior to this council meeting. City Manager Cowell explained the proposed budget and stated that the City is handicapped in the preparation of the budget , due to lack of experience in the water and sewer system. Mr. Morong, one of the City's Fiscal agents, stated that, in his opinion, the budget seems adequate and that he has assisted Mr. Cowell in projecting the revenues. In answer to a question by the council, Mr. Morong stated that this is a workable budget and one that the Cfty w i I I be able to operate under for this fiscal period. He expressed confidence in the City Manager in budget preparation, and stated that he and his associates were available at all times for assistance to the City, if needed. Councilman Fuller made the motion to approve the proposed budget as presented. Councilman Warren seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Fuller, Byers and Warren Nays: None Mayor Fuller declared the motion carried. BOND RESERVE FUND INVESTMENTS City Manager Cowell informed the council that each month, in compliance with the Revenue Bond Indenture, the City must invest $1,500.00 in a reserve fund account and he is requesting authorization to invest these monies. Mr. Morong stated t h a t treasury b i l l s yielded more than some other types of investments and interest accrued from the reserve fund investments would be returned 1.87 (Page Nine - Minutes of the Euless City Council Meeting, December 28, 1965) to this fund, therby assisting this fund to acquire the total specified in the Bond Ordinance more quickly. It was agreed that a resolution should be prepared by the City Attorney for investment of these funds periodically. After discussion, Councilman Byers made the motion to authorize investments of the reserve fund monies, and that the council be informed of the type of investment. Council- man Douglass seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Warren, Byers and F u l l e r Nays: None Mayor Fuller declared the motion carried. IX. NORTHEASE CITIES ADVISORY COUNCIL REPORT BY COUNCILMAN FRANK DOUGLASS Councilman Frank Douglass, the council's representative to the Northeast Cities Advisory Council, stated that at the December 2nd meeting, Mr. Chuck Weyland, Assistant to Mr. Ben Hickey of the Tarrant County Water Control District No. 1, had discussed the future water needs of the Northeast Tarrant county area. Councilman Douglass read a portion of a letter from Mr. Wayland dated December 9, 1965, in which Mr. Weyland stated the procedure for cities who wish to join the Tarrant County Water District, in order to assure themselves of a future water supply. Councilman Douglass stated that several meetings in past months have determined that water from Clear Creek Reservoir is possibly the only water supply available to this area in the near future. Councilman Douglass stated that Mr. Weyland has informed the Advisory Council that a large pipeline is to be constructed from this reservoir and application should be submitted in the very near future if the City is desirous of securing water from this source. Mayor Fuller commented that he is very grateful to Councilman Douglass for his interest in the future water supply; and{-hi5 work w;ith,the Advisory Council. i Councilman Douglass stated that Mr. Weyland had indicated two steps tol be followed: (I) the City must. express an interest and its' intentions in this project, and (2) the C i t y must set aside an amount ( t o be determined l a t e r ) which w i l l be used for a study of this project. After discussion, the council members agreed that Councilman Douglass should inform the Advisory Council that the City of Euless is definitely interested in this proposed plan. NORTH CENTRAL TEXAS COUNCIL CF GOVERNMENTS City Manager Cowell read a proposed resolution whereby the City of Euless may agree to join with other (Page Ten - Minutes of the Euless City Council Meeting, December 28, 1965) municipalities in a ten - county area, in order to insure the orderly growth and development of the area. City Manager Cowell explained that he, Mayor Fuller, and City Secretary Vada Ferris had attended a Greater Fort Worth Council of City Governments meeting recently, and partici- pated in a discussion of the Proposed By -Laws of the North Central Texas Council of Governments. He advised that an organizational meeting w i I I be held on January 20, 1966, at the Inn of the Six Flags. The City's membership fee is $25.00. Ayes: Councilmen Douglass, Fuller Warren and Byers Nays: None Mayor Fuller declared the motion carried. (Copy of Resolution No. 115 on file in Office of City Secretary.) XI. EXPENDITURE STATEMENTS City Manager Cowell recommended pay- ment of the Expenditure statements, as follows: (1) Gene Schrickel & Associates $ 473.00 (2) Jarvis, Putty & Jarvis 1 ,107.91 ( 3 ) Gregory, Knowlton & R a t l i f f a. Street & Drainage 3,147.68 b. Water & Sewer 718.48 c . General Government 187.92 City Manager Cowell informed the council that the first estimate on -the construction of the NeN Civic Center Buildings had been presented by Walker Construction Company in the amount of $19,316.00, and that the architects had recommended payment of this expenditure. i �Mr. Cowel 1 stated that a check had beery i's-sued-several ' days ago in payment of this statement under the terms stipulated in the contract existing between the City of Euless and Walker Construction Company. After discussion, Councilman Douglass made the motion to concur with the City Manager's recommendation and approve the expenditures as presented. Councilman Byers seconded the motion and,ttre _vote,iis as foll.owst -i Ayes: Councilmen Byers, Douglass, Warren and Fuller Nays: None Mayor Fuller declared the motion carried. After discussion, Councilman Douglass made the motion that Resolution No. 115 be approved, authorizing Mayor W. G. Fuller as the City's official representative to the North Central Texas Council of Governments, and that payment be executed in order for the City to be a participating member. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Fuller Warren and Byers Nays: None Mayor Fuller declared the motion carried. (Copy of Resolution No. 115 on file in Office of City Secretary.) XI. EXPENDITURE STATEMENTS City Manager Cowell recommended pay- ment of the Expenditure statements, as follows: (1) Gene Schrickel & Associates $ 473.00 (2) Jarvis, Putty & Jarvis 1 ,107.91 ( 3 ) Gregory, Knowlton & R a t l i f f a. Street & Drainage 3,147.68 b. Water & Sewer 718.48 c . General Government 187.92 City Manager Cowell informed the council that the first estimate on -the construction of the NeN Civic Center Buildings had been presented by Walker Construction Company in the amount of $19,316.00, and that the architects had recommended payment of this expenditure. i �Mr. Cowel 1 stated that a check had beery i's-sued-several ' days ago in payment of this statement under the terms stipulated in the contract existing between the City of Euless and Walker Construction Company. After discussion, Councilman Douglass made the motion to concur with the City Manager's recommendation and approve the expenditures as presented. Councilman Byers seconded the motion and,ttre _vote,iis as foll.owst -i Ayes: Councilmen Byers, Douglass, Warren and Fuller Nays: None Mayor Fuller declared the motion carried. IO9 (Page Eleven, Minutes of the Regular City Council Meeting, December 24, 1965) X11. ^ n n w ion m nrn rr The meeting adjourned at 11:05 P.M. APPROVED MAYOR ATTEST: GC�CI� City Secretary 190