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HomeMy WebLinkAbout1966-01-11191 Regular Meeting of the Euless, City Council January 11 t 1966 CALL TO ORDER 7,/.; r, • t- r ir:... _4f i -1" . / The. , regu l:e r meet i ng -o f the Eu 1 ess City Council was ca,l,led,,xo order- at 3.05 P.M.,, in -t.he Cpllunei 1 Chambers at the Euless City Hall, with the fp1:Jowing ;coync,i -l•men present: Messrs. B i I I Byers, Frank Douglass, !Bobby .Ful ler-and. Harold Samuels, ,(Abse,nt Councilman Don Warren) ....., � ., . Al sQ pr;esent,;we,re,1C i:ty Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. INVOCATION ,_Tho ft ,at iqG was, p rp5en ;ed,,by, Councilman Harold Samuels. APPROVAL_ OF MINUTES ,,;, , ; ,,;,•,;,- ;;,r The minutes of the regular council meeting, December 28, 1965, were approved as written. VISITORS Visitors i n attendance were: Messrs. Marvin Carrol, C. E. Godbey, Al Wolfje, Jack M. Bullard, Duane Jarvis, Gene Schrickel, Mr. and Mrs. H. D. Kennedy, John Campbell, and Joe Pahl, Mrs. Jeanetts- Carrol, Mrs. Wanda Godbey, Mrs. Betty Potthoff, Mrs. J. E. Norris and Mrs. M. C. Boardway. PUBLIC HEARING: REZONING LOTS 1 AND 2, BLOCK 6. GREENH ILLS . I , . , I , PARK ADD,ITTON (ZONING CASE NUMBER 144) Mayor Fuller opened the Public Hearing on a rezoning request submitted by Mr. Z. L. Simpson, from '-,A'' Residen- tial to "B" Local, ,Business for Lots, 1 and 2, Block 2, Greenhill Park Add it ion. Mr. Sirpp5pn requests the, rezoning in order' to operate a nursery school at this location. Mayor Fuller inquired if there were proponents in this rezoning case and Mr. Z. L. Simpson informed the c o u n c i l t h a t the school w i l l have the appearance o f a residence, w i l l be fenced, and a vacant lot w i I I be between the nursery school and the adjacent residence. City Manager Cowell read Planning and Zoning Minutes, January 4, 1966, Item IV A in which the Planning and Zoning Commission made the motion to send this rezoning. case to the - council without a recommendation due to the lack of propee restrictive zon ing. 192 (Page Two - Minutes of the Regular City Council Meeting, January 11, 1966) Mayor Fuller inquired if there were opponents in this rezoning case. Mr. Marvin Carroll informed the council that a petition of fifty -one (51) names had been presented to the Planning and Zoning Commission protesting the request of rezoning the lots. He stated that the property owners in that area had several reasons for protesting the rezoning request, suhh as a decreaee in value of the property, increase in traffic, school no=ise and the fact that should the nursery school operation prove unsuccessful, an undesirable business might operate in that location. Mrs. Kennedy whose property is adjacent to the lots in question, stated that if the property is re- zoned and if a nursery school is constructed, then she would not want to maintain her home in that area. She stated she also feels that the school would affect the value of her property. Mayor Fuller explained that it seems feasible and desirable for a nursery school to be located in a residential area rather than a commercial area; that the residen- tial area would be more conducive to a homelike environment for children. Mrs. Kennedy informed the council that when she bought her home she was assured that the property was restricted. Mr. Carroll stated that he does not understilnd why the nursery school could not be built either West or East on Harwood, where homes are not as yet established, City Attorney Cribbs informed the council that the State Statutes stipulate that if 20°j of the property owners are in opposition to a rezoning re= quest, then a vote of 3/4 of the members of the council is required to change the zoning. Mrs. Pahl, who proposes to oper- ate the school informed the council that she has vast experience in- operating nursery schools and that she is desirous of plac:ing a nursery school in this area; that she had not requested persons to attend this meeting who were in favor of this rezoning. Councilman Douglass stated that he Is inc Ihed to agree with the property- owners in the are -a.; that he would not desire a nursery school adjacent to his home.. - However, the nursery school on South Main seems to have operated bery smoothly in an area similar to the area on North Harwood. Councilman Byers staged that, in his opinion, the property owners should have some assurance other than a deed restriction to prohibit the rezoning. After condiderable discussion by members of the council and the protesting property owners, Councilman Samuels made the motion that the rezoning request be denied. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G . Fuller declared the motion c a r r i e d . (Copy o f p e t i t i o n o f fifty - one (51) names on f i l e in the Office of City Secretary.) TELEVISION CABLE FRANCHISE PROPOSALS CAS MANUFACTURING COMPANY, I RV I N G MR. JOHN CAMPBELL Mr. John Campbell, representing CAS Manufacturing Company, informed the council that his firm is desirous 3 �9 L ' v (Page Three - Minutes of the Regular City Council Meeting, January 11, 1966) of securing a miaro -wave franchise agreement with the City of Euless; that although this area has very gold television reception, community antenna television service will greatly improve t0tvision reception as well as offer add it ional._programm,i;ng y (?n�ot�er channels. He stated that the monthly fee to subscribers would be approximately $5.00, but that it would be impossible' :for him io ascertain a definite figure at this time. .. .. , . Mr. Al Wolf le, representing Tri- Tronics Laboratories in the City of Euless, informed the council that Tri- tronics suppl.i..es compon.ent,s to n-6 Manufacturing .- Compan- y -for ­Micro -Wave T�aevisioH;. and Mr. Campbell is very capable and qual ified in -this specialized line of business. Mr. Wolfle stated that cable television is Mr. Campbell's only interest and he is very desirous of the council's earnest consideration of -the proposal submitted to the council. He steed that CAS will make every effort to expedite micro -wave service from the West Coast, -if granted this franchise. 7 Members of the C ity Counc i 1 directed questions to Mr. Campbell and,after discussion, it was agreed that the City Attorney should review the franchise ordinance which has been submitted. (Copies of the proposed franchise agreement from CAS Manufacturing Company were distributed tothe Mayor and members of the City Council on January 7 for consideration.) Councilman Byers stated that in his opinion the Council should not made a decision on a franchise agree- ment at this time; that the firms who have submitted proposed franchise agreements, should be written, notifying them that the City is interested in the proposals, but that a decision will not be forthcoming at this time. - CoLmci lman- Fuller made the motion that City Attorney James Cribbs review the franchise agreements which have been submitted and present his recommendation concerning these franchise proposals at the next regular meeting, January 25. Councilman Samuels seconded the motion -, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of proposed franchise agreement on f i l e in Office of City Secretary.) BROCHURE - CARTER COMMUNICATIONS, INCORPORATED Carter Communications, Incor- porated submitted a borchure entitled EULESS CABLE TELEVISION which is an information report on Cable Television. (Copy of this report on f i l e in Office of City Secretary.) TAX STATUTE - ESTELLE MASONIC LODGE Due to mis- information prior to the preparation of the agenda, this item was scheduled erroneously. After discussion, it was agreed that this item wi I I not appear on the Council agenda until the office of City Secretary if notified by Councilmen Byers, who will bontact officials in regard to this matter. 1-94 (Page Four - Minutes of the Regular City Council Meeting, January 11, 1966) , , .: AV; . PARK .SITES -MR. GENE SCHRICKEL r j-;$AUTH U147E$S:PARK.:SIEEL;'.t � t , t , . - _, •, jjr; Genie - Sc.hriickwk ustated t h a t, at a previous council meeting, he had been requested to secure a sales contract on the South Euless park site from Mr. M. P. Crum, owner of this property. Mr. Schrickel stated that a copy of this contract has been secured .and $ubMi:t,tecf tq jtjhe Ci -t•y 11t,tarneay ;p;rti;ca.r•f�to J-ts:,present -at ion to counci 1. Mr. Schrickel stated that the site ,consists of 4.9 acres which Mr. Crum proposes to sell fo,ri $2,000.00 an acre or an, -approximibte amount of $9,$00.00 for the site. F ,Mr,. Sc hr i:ckg11 ;sit a;tt':d ;,that fie recommend this sales contract be approved with one stipulation; that the City will pay for one - half, of- the C-ost .Qf,a ,,no :rural .- res.ilen;bia_l,,stuteet that abutts the Park Property up to 150 feet. After discussion, Council- man Samuels made the motion that the City approve this sales contract and purchase this property as recommended ,by Mr. Schrickel, with the additional phrase being added as recommended. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Fuller, Douglass and „Samuels , Nays: None Mayor Fuller declared the motion carried„ WEST EULESS PARK SITS Ayes: Councilmen Byers, Samuels, Fuller and Bouglass Nays: None Mayor W. G. Fuller declared the motion carried. PARK SITE - DOAK PROPERTY Mr. Schrickel reported that he had visited with Mrs. Doak to discuss the possible purshase of her property near the Wilshire Elememtary School for a,park site. He said ghat Mrs. Mr. Schrickel stated that he. Js recommending that the counci 1 consider the purchase of approximately twenty (20) acres owned by Mr. Searcy Dobkins and others, located i n the Western Euless City Limits, Mr. Schrickel stated that this property could be purchased at $2,000.00 an acre and that one -half mf the site is- prime, developable land, and some areas feasible for ball diamends. Ayes: Councilmen Byers, Samuels, Fuller and Bouglass Nays: None Mayor W. G. Fuller declared the motion carried. PARK SITE - DOAK PROPERTY Mr. Schrickel reported that he had visited with Mrs. Doak to discuss the possible purshase of her property near the Wilshire Elememtary School for a,park site. He said ghat Mrs. Councilman Douglass made the motion that the City take an option on this land. After discussion, Councilman Douglass withdrew his motion and made the following motion: That City Attorney James Cribbs prepare and submit to the City Council for consideration, a contract for purchase of this site. Councilman Byers seconded the motion, and the, vote is as fol,lows,: Ayes: Councilmen Byers, Samuels, Fuller and Bouglass Nays: None Mayor W. G. Fuller declared the motion carried. PARK SITE - DOAK PROPERTY Mr. Schrickel reported that he had visited with Mrs. Doak to discuss the possible purshase of her property near the Wilshire Elememtary School for a,park site. He said ghat Mrs. 19 (Page Five- Mingt,es of the Regular City Council Meeting, January 11, 1966) Doak declined any offer and stated that she is not interested in selling the property, even though it is possible that the park might be named for her son, deceased several years. V. REAL ESTATE BOARD Discussion concerning the Real Estate Board followed in which it was agreed that the Real Estate Board is no longer essential in assisting the City in site selection since the City has a land planner. Councilman Samuels made the motion that the Real Estate Board be disbanded and that letters of appreciation be sent to the members who have served on this committee. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Samuels, Fuller and Douglass Nays: None Mayor W. G. Fuller declared the motion carried. Vi. SHEPPARD DRIVE PROPERTY (MR. AND MRS. PHILIP DOVE) City Manager Cowell informed the Council that Mrs. Dove has contacted the City offices to inquire if the City, is interested in purchasing her property on Sheppard Drive, adjacent to the Civic Center Site, being Lot 15, Block "C ", Sheppard Addition. He stated that he has contacted Mr. B i I I Pastuer who had discussed this matter with Mr. and Mrs. Dove in January, 1965, at which time the City secured an option on the Dove property. Mr. Pasteur in- formed the Council that he has a sales contract for the Council's consideration and that the purchase price of this property if $10,265.00, $900.00 cash. After discussion of the location of this property, City Manager Cowell stated that he recommends the purchase of this property. City Attorney Cribbs stated that he would suggest -that the ti t l e of t h is property be checked thoroughly and that the cost of a -t i t le check would be approximately $100.00. After further discussion, Councilman Byers made the motion to purchase the Dove property and the property owners furnish ti t I e policy to same. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, And Fuller Abstain: Councilman Samuels Mayor W. G. Fuller declared the motion carried. V1 f. CHANGE ORDER NUMBER TWO CIVIC CENTER BUILDINGS City Manager Cowell presented Change Order Number Two - Civic Center Buildings, which is an add -on in the amount of $4,911.00, for the increased pier depth, a total of 1,637 feet, in order to reach an acceptable bearing level at the site. Councilman Douglass made the motion to approve Change Order Number Two as presented. Councilman Samuels seconded the motion, and the vote is as follows: 3.96 (Page Six - Minutes of the Regular City Council Meeting, January 11, 1966) Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared the motion carried. (Copy of Change Order Number Two on file in Office of City Secretary.) VIII. BRICK SELECTION CIVIC CENTER BUILDINGS Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared the motion carried. SELECTION CF MASTER PLANNER City Manager Cowell informed the Council that, several weeks ago, the Council had interviewed five firms for the purpose of selecting one to up -date the City's Master Plan. He stated that he had discussed with Mr. Schrickel the city's Master Plan and requests the Council's indulgence for comments from Mr. Schrickel. Mr. Schrickel advised the Council that, in his opinion, the City's maps are not up to date, that the City's Zoning Ordinance needs modifying, and, due to the fact that Master Plans are expensive and require considerable time for completion, he suggests that the City Council consider up- dating the city's maps, plats, codes and zoning ordinance. He stated that a planner could be secured on terms to work with the city dai ly;that the City of Euless is changing so rapidly that he considers thtt someone is The Mayor, City Manager and several members of the Council stated that they had seen the brick at the site; Mr. Duane Jarvis appeared before the Council and stated that members of his firm have viewed various samples of face brick for use on the Civic Center Buildings. The Council was reminded that, several weeks ggo, the selection of brick was tabled and the architects were requested to have samples of brick in lighter colors than previously presented for the Couhcil's consideration - -these samples to be placed at the Civic Center site. Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared the motion carried. SELECTION CF MASTER PLANNER City Manager Cowell informed the Council that, several weeks ago, the Council had interviewed five firms for the purpose of selecting one to up -date the City's Master Plan. He stated that he had discussed with Mr. Schrickel the city's Master Plan and requests the Council's indulgence for comments from Mr. Schrickel. Mr. Schrickel advised the Council that, in his opinion, the City's maps are not up to date, that the City's Zoning Ordinance needs modifying, and, due to the fact that Master Plans are expensive and require considerable time for completion, he suggests that the City Council consider up- dating the city's maps, plats, codes and zoning ordinance. He stated that a planner could be secured on terms to work with the city dai ly;that the City of Euless is changing so rapidly that he considers thtt someone is The Mayor, City Manager and several members of the Council stated that they had seen the brick at the site; however, Mr. Jarvis informed the Council that one sample was erroneously placed at the site and was not to be considered for this project. Mr. Jarvis stated that, after considerable consideration, his firm recommends the following brick: Acme Kanapol is, Shade Number 1936$, Velour, Modular Grey Faced Bricks - (Brick Sample "A ", Dated 1- 11 -66, exhibited in the office of the City Secretary.) Mr. Jarvis further advised the Council that this is a more expensive brick than the architect had considered, due to the funds available for the construction of the Civic Center Buildings; however, the architects have met with the brick manufacturers who have agreed to reduce the price to X72.00 per 1,000 bricks if the C i t y w i l l agree to use their brick on future buildings. After dis- cussion, Councilmen Samuels made the motion to concur with the recom- mendation of the architects on the selection of brick for the Oivic Center Buildings, as described previously. Councilman Douglass seconded the motion, and the vote i a as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared the motion carried. SELECTION CF MASTER PLANNER City Manager Cowell informed the Council that, several weeks ago, the Council had interviewed five firms for the purpose of selecting one to up -date the City's Master Plan. He stated that he had discussed with Mr. Schrickel the city's Master Plan and requests the Council's indulgence for comments from Mr. Schrickel. Mr. Schrickel advised the Council that, in his opinion, the City's maps are not up to date, that the City's Zoning Ordinance needs modifying, and, due to the fact that Master Plans are expensive and require considerable time for completion, he suggests that the City Council consider up- dating the city's maps, plats, codes and zoning ordinance. He stated that a planner could be secured on terms to work with the city dai ly;that the City of Euless is changing so rapidly that he considers thtt someone is 197 (Page Seven, Minutes of the Regular City Council Meeting, January 11, 1966) needed on a continuing daily basis. After discussion by the Council, City Manager Cowell stated that he recommends the selection of two fHms of the five firms interviewed and determine if they can provide the services as described by Mr. Schrickel. City' Manager Cowell stated that his recommendation of the two firms to be selected are Land - Planning, Incor- porated, and Robert W. Caldwell it Associates. The Council agreed to select, by secret ballot, the two to be selected of the five firms interviewed, and after a tabulation by the City Secretary, €he firms of Land Planning, Incorporated and Robert W. Caldwell & Associates were selected. Councilman Byers made the motion that Land Planning, Incorpor- ated and Robert W. Caldwell it Associates be requested to present a proposal to the City Council for consideration. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared that the motion carried. (At this point in the meeting, City Attorney Cribbs excused himself and I e ft the Council Chambers.) X. RESOLUTION NUMBER 117 TEXAS HIGHWAY DEPARTMENT City Manager Cowell informed the Council that this item was tabled at a previous Council meeting but requires cond4deration at this time. The Texas Highway Department requests a Resolution whaeby the City of Euless will recognize and agree to assume the responsibility for adjustment of all publicly or privately owned utilities faoad necessary to be adjusted or re-located that are not the responeibility of tho State and located on the designated Highway Number 121 and Spur Number 350 from Inter -State 820 Easterly. After discussion, Councilman Byers made the motion to authorize the Mayor to sign Resolution .Number 117 as sub- mitted by the Texas Highway Department. Councilman Samuels seconded the motion, and the vote i s as follows: ' Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor W. G. Fuller declared the motion carried. (Copy of Resolution Number 117 on .file in Office of City Sectetary.) M, RESOLUTION NUMBER 118 CALLING CITY ELECTION City Secretary Vada Ferris presented Resolution Number 118, setting a date for a city election on April 5, 1966, for the purpose of electing three Councilmen. Councilman Fuller made the motion to approve the Regolution as presented, and Councilmen Douglass seconded the motion. The vote is as follows: Ayes: Councilmen Douglass, Byers, Fuller and Samuels Nays: None 198 (Page Eight- Minutes of the Regular City Council Meeting, January 11, 1966) Mayor W. G. Fuller declared the motion carried. (Copy of Resolution Number 118 on f i I e rn Office of City Secretary.) X11. RESOLUTION ACCEPTING COMPLETION STREET IMPROVE EN -fS City Secretary Vada Ferris presented a Resolution for the Council's consideration of acceptance of completion of improvements on South Main, Himes, Byers, Cannon, Wright- Richardson Road, Raider Drive, and Simmons Drive. Thces .Resolution was presented upon the recommendation of the Consulting Engineers, that the aforemen- tioned streets had been completed under the city's Capital Improvement Program; however, after discussion by members of the Council, it was deter- mined that several of the streets have not been completed to their satis- faction; therefore, this item was tabled until the next Regular Council Meeting, at which time a report on the progress of the street imppovements w i I I be submitted. XIII. EXPENDITURE STATEMENTS City Manager Cowell presented expen- diture statements as follows: (1) Bondurant & Cribbs $ 2,040.00 (2) Texas Bitulithic Co. 14,850.53 (3) S.R.O. Asphalt, Inc. 26,757.06 The Council was in agreement that the statement for services rendered from Bondurant & Cribbs did not need or require Council action. Councilman Samuels made the motion to concur with the City Manager's recommendation and approve the expendi- ture of S.R.O. Asphalt, Inc. in the amount of $26,757.06. Councilman Fuller deconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Fuller, Douglass and Samuels Nays: None Mayor Fuller declared that the motion carried. Councilman Byers made the motion to concur with the City Manager's recommendation and approve the expenditures submitted by Texas Bitulithic Company in the amouiht of $14,850.53. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Fuller, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried. (Page Nine - Minutes of the Regular City Council Meeting, January 11 , 1966) XIV. RESOLUTION NUMBER 116 CALLING PUBLIC HEARING - TUCKER PROPERTY City Manager Cowell informed the Council that field notes containing a discrepancy in metes and bounds in Ordinance Number 204 which lee -zones property belonging to Mr. Fred Tucker and Associates requires correction and therefore a Public Hearing must be called in order to correctly rezone this property. The suggested date for the Public Hearing is January 25, 1966. Councilman Byers made the motion to approve Resolution Number 116 and establish January 25, 1966, as the Public Hearing date for the rezoning of this property. Cbunci fman Dduglass decended the mo't16n, and the vofe is as follows: Ayes: Councilmen Douglass, Byers, Fuller and Samuels Nays: None Mayor W. G. Fuller declared that the motion carried. (Copy of Resolution Number 116 on file in Office of City Secretary.) XV. on in[ IDNIRAPnir The meeting adjourned at 10:50 P,M. _--;• 5 O MAYOR ' ATTEST: City Secretary M 13 00 EULESS CITY COUNCIL EXECUTIVE SESSION 10:55 P.M., January 11, 1966 City Manager Cowell informed the Council that the State has proposed the purchase of right -of -way required across the Civic Center Site in the amount of $40,500.00, exclusive of the 25 x 300 ft. (formerly Cherry Drive). City Attorney Cribbs presented Resolution No. 118A authorizing the Mayor to execute the deed for the purchase of this property. After discussion, Councilman Fuller mdde the motion to accept the offer submitted by the State and that the City request compensation for the property omitted in the State's offer, and secondly, that Resolu- tion No. 118A be approved as presented. Councilman Byers seconded the motion and the vote is as follows: Ayes: Councilmen Byers, Fuller, Samuels and Douglass Nays: None Mayor Fuller declared the motion cari -ied. (Resolution No. 118A on file in Office of City Secretary.) The meeting adjourned at 11 :10 P.M, MAYOR r-- ATTEST: City Secretary 20 I . , .i .I .