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HomeMy WebLinkAbout1966-02-08Regular Meeting of the Euless City Council Bebruary 8, 1966 CALL TO ORDER The regular meeting of the Euless City Council was called to order by Mayor W. G. Ful ler at 7 :40 P.M. i n the Council Chambers at Euless City Hall, with the following Councilmen present: Messrs. B i I I Byers, Frank Douglass, Don Warren and Bobby Fuller. (Absent: Councilman Harold Samuels.) Also present were City Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. 1n1\inr1onnn1 The Invocation was presented by Councilman Don Warren. APPROVAL OF MINUTES 215 The minutes of the regular Council Meeting, January 25, 1966 were approved as written. VISITORS Visitors i n attendance were: Mr. and Mrs. Edison Cromer; Mrs. Betty Potthoff; Messrs J . D. Smith, B i l l Tillinghast, Stephen Douglass, B i l l Hendricks, Jack M. Bullard and Warren Fuller. ORDINANCE NO. 273 - REZONING J.D. SMITH PROPERTY (HIGHWAY 157 AND GLADE ROAR) . The First Reading of an Ordinance rezon- ing property of Mr. J. D.t Smith, from "A" Residential to "C" Commercial, was scheduled at this time; however, Mayor Fuller informed the Council -that Mr. J. D. Smith had requested the Council's consideration of rezoning this property, located near Highway 157 and Glade Road from "A" Residential to "C" Commercial on an emergency basis. After discussion, Councilman Byers made the motion to suspend the rule whereby an Ordinance must have second reading, and Ordinance No. 273 be passed and approved as an Emergency Ordinance. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Fuller, Warren and Douglass Nays: None Mayor-Fuller declared the motion carried and this Ordinance duly approved and in effect. (Ordinance No. 273 on f i l e in Office of City Secretary.) MR. BILL TI LLI NGHAST TEEN-AGE JURY Mayor Ful I e r recognized Mr. B i I I Tillinghast, student at Lawrende D. Bell High School. (Page Two - Minutes of the Regular City Council Meeting, February 8, 1966) Mr. Tillinghast stated that he is representing the Bel High School Student Council and was desiroul of the Council's considerat on of a Teen -Age Jury being formed in the City of Euless. He advised the Counc 1 that twenty -seven cities in the State of Texas have Teen -Age Juries, and that the students at Bell High School are very anxious to participate in a program of this nature in this area. He stated that the students would be selected very carefully from the Student Body, and that' they prod &d recommend punishment for teen -age violators'of the law; however, the Judge could either lessen the sentence or alter it in any manner he deemed necessary. M r . T i l l i n g h a s t stated t h a t forms o f recommended p6nish- ment would not be a j a i l sentence but would be of a nature to impress the teen -ager who has violated the law and hopefully, other teen - agers, with knowledge of this violation and the punishment assessed. He sited as an example, imposing a designated time to work in a hospital emergency ward where the violator would observe accident victims and, hopefully, be impressed of the seriousness of results of traffic violations. City Manager Cowell stated that he had discussed the forming of a Teen -Age Jury with the Chief of Police, City Attorney and Corporate Court Judge and that the City Administration had not seriously considered participating in this type program because of the inadequate facilities in the City Jury Room -- at the time of completion of the new Civic - Center Buildings, a Court Room would be sufficient for this type pro- gram; however, if the Council desires that the City participate in this'pro- gram at this time, every effort will be made to make the neeessary'arrangements. In answer to a question by Mayor Fuller, Mr. Tillinghast stated that the forming of a- Teen -Age Jury has.been cleared through the school authorities, and that the school administration is in' agreement with this program. He further commented that the Student Council at Bell High School desires to have a Teen -Age Jury in each of the three Cities which comprise the School District, and that students from each -of the cities would participate on the Teen -Age Jury in their own City. Councilman Warren made the motion that the City Manager coordinate efforts with the necessary personnel, in an attempt to formulate a Teen -Age Jury Program for the City of Euless. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Fuller, Byers, Warren and Douglass Nays: None Mayor W. G. Fuller declared the motion carried. Mayor Fuller thanked Mr. Tillinghast for his interest in this type program and his presentation to Euless City Council. FIRST READING OF ORDINANCE (CLOSING PORTION CF COUNTY ROAD No. 3157) City Attorney Cribbs presented an Ordinance which closes a portion of County Road NO. 3157 within the city limits of Euless, Texas. Mr. Cribbs informed the Council that this Ordinance is necessary, due to the relocating by dedication of Northwest Boulevard. Councilman Fuller made the motion to approve the first reading of this Ordinance. Councilman Douglass seconded the motion, and the vote is as follows: (Page Three - Minutes of the Regular City Council Meeting, February 8, 1966) Ayes: Councilmen Douglass, Fuller Byers and Warren Nays: None Mayor Fuller declared the motion carried. (Second Reading, of Ordinance on February 22, 1966.) IV DEDICATION OF RIGHT CF WAY V. DEED - WEST EULESS PARK SITE SEARCY DOBKINS & ASSOCIATES City Attorney Cribbs informed the Council that the signed Deed on the twenty (20) acre Park Site in the western section of Euless had been delivered to the City Secretary's Office as of this date; however, a few minor, details are delaying the signing by the City for the purchase of this Park Site. .(The Council approved the purchase of this site at the January 25, 1966 Council Meeting.) Mr. Cribbs stated that it will possibly be only a matter of days until att the legal aspects of this transaction are finalized and the purchase contract may, be executed by the City. VI. TIMBERLINE ESTATES t.,. Prior to the meeting, the Council Members were presented a_ letter dated February 2, - 1966, Subject: 6403 - S;6, C.j.ty of Euless, Timberline Estates, from the City's Consulting Engineers, Gregory, Knowlton and Ratliff. M r . B i l l Ratliff discussed the letter briefly, stating that the letter suggests a compromise, more or less -- since the City does not have funds available for the. construction of the proposed thoroughfare i n Timberline Estates, at this time, that the City assume the total cost of construction of the thoroughfare and the developer (Mr. Andy Winters) assume the City's expense of the drainage in the subdivision (Timberline Estates). Mr. Ratliff stated that it would be impossible to work out a formula whereby the City and the Developer would participate in the exact amount; however, the engineers have determined that the City's portion of the construction of the thoaoughfare would amount to a few thousand dollars more than the Developer's amount for assuming the cost of the drainage facilities. After discussion by the Council, no action was taken on this matter; however, it was generally assumed that the City would consider a proposal if and when presented by Mr. Andy Winters, Developer of Timberline Estates. VII. CLOSING DRAINAGE EASEMENT MR. EDISON CROMER Mr. and Mrs. Edison Cromer were present requesting the closing of the Drainage Easement across the corner of their property on Huitt Lane and South Main Street. The City Attorney presented to the Council a Dedication of Right of Way, out of the T. M. Matson Survey from Mr. 0. S. Dobkins, Frank Crumley and Bernard Lunt, which w i l l form a part -of the new proposed Northwest Boulevard. The City Council accepted the Dedication, a copy of which is filed as an Official Council Exhibit in the Office of City Secretary. V. DEED - WEST EULESS PARK SITE SEARCY DOBKINS & ASSOCIATES City Attorney Cribbs informed the Council that the signed Deed on the twenty (20) acre Park Site in the western section of Euless had been delivered to the City Secretary's Office as of this date; however, a few minor, details are delaying the signing by the City for the purchase of this Park Site. .(The Council approved the purchase of this site at the January 25, 1966 Council Meeting.) Mr. Cribbs stated that it will possibly be only a matter of days until att the legal aspects of this transaction are finalized and the purchase contract may, be executed by the City. VI. TIMBERLINE ESTATES t.,. Prior to the meeting, the Council Members were presented a_ letter dated February 2, - 1966, Subject: 6403 - S;6, C.j.ty of Euless, Timberline Estates, from the City's Consulting Engineers, Gregory, Knowlton and Ratliff. M r . B i l l Ratliff discussed the letter briefly, stating that the letter suggests a compromise, more or less -- since the City does not have funds available for the. construction of the proposed thoroughfare i n Timberline Estates, at this time, that the City assume the total cost of construction of the thoroughfare and the developer (Mr. Andy Winters) assume the City's expense of the drainage in the subdivision (Timberline Estates). Mr. Ratliff stated that it would be impossible to work out a formula whereby the City and the Developer would participate in the exact amount; however, the engineers have determined that the City's portion of the construction of the thoaoughfare would amount to a few thousand dollars more than the Developer's amount for assuming the cost of the drainage facilities. After discussion by the Council, no action was taken on this matter; however, it was generally assumed that the City would consider a proposal if and when presented by Mr. Andy Winters, Developer of Timberline Estates. VII. CLOSING DRAINAGE EASEMENT MR. EDISON CROMER Mr. and Mrs. Edison Cromer were present requesting the closing of the Drainage Easement across the corner of their property on Huitt Lane and South Main Street. 218 (Page Four - Minutes of the Regular City Council Meeting, February $; . 1966) City Manager Cowell briefed the Council Members of the conditions in this matter, and after discussion, City Attorney Cribbs read an Ordinance closing a Drainage Easement on a certain tract of 1-and owned by Mr. and Mrs. Edison Cromer. I . I The Council was in agreement to the City Attorney's recommendation. UIII. ONE FOOT EASEMENT ON PIPELINE ROAD BELLAIRE PARK ASSOCIATES City Manager Cowell informed the Council that he and Mayor Fuller had been contacted by Mr. John Carroll, who requests the City's release of one foot of a fourteen foot easement along-,Pipeli-ne-- Road and adjacent to Bellaire Shopping Center in the City of Hurst. Mr. Cowel•1 stated that this easement was assigned to the City by Mr. Wisenbaker at the time the City purchased the Water and- Sewer System. Mr. Cowell stated further, that he had discussed this Easement with Mr. Knight, Water Department Superintendent, and Mr. Knight states that he is re- luctant of recommending the release of this Easement since the City has a sewer line just two feet North of this area, and if the City should release one foot, then the City's line will be within one foot of the Easement, which would be inadequate. The City Manager stated that he does not understandwFyy Mr. Carroll is requesting this release -- Mr. Carroll- has stated, that t h i s Easement impairs h i s a b i I i ty t o borrow money and develop the property, since the City of Hurst took thirteen foot of Right -of -way when they widened Pipeline Road. City Attorney Cribbs stated that, in his opinion, a written request should be submitted to the Euless City Council from Mr. Carroll, explaining a I I aspects pertaining to the request for, release of t h i s Easement. After considerable discussion, it was agreed that City Manager Cowell should contact Mr. Carroll and advise him that a written request must be submitted to the City Council pertaining to this matter. IX. COMMERCIAL PERMIT NLUEER $1 - HLA/BLE OIL COMPANY City Manager Cowell informed the Council that Mr. Warren Fuller, representing Humble 0 i I Company, requests a Commercial Permit for a service station located on Tract II I -A.J, Huitt Survey, 211 North Main Street. City Manager Cowell informed the Council that the Planning and Zoning Commission recommended approval of t h i s Commercial Permit. Mr. Warren Fu..:1ler stated that t -his service station w i I I be located on the Duckett Property on North Main Street and w i l l be a service station in the $50,000.00 category. Mr. Cromer stated that he and his wife are agreeable to this Ordinance; however, City Attorney Cribbs advised the Council that he does not have f i e l d notes which should be attached to t h i s Ordinance and made a part thereof. Therefore, he recommends that the Council postpone action in this case until the Engineers can supply the proper field notes on Mr. Cromer's property. The Council was in agreement to the City Attorney's recommendation. UIII. ONE FOOT EASEMENT ON PIPELINE ROAD BELLAIRE PARK ASSOCIATES City Manager Cowell informed the Council that he and Mayor Fuller had been contacted by Mr. John Carroll, who requests the City's release of one foot of a fourteen foot easement along-,Pipeli-ne-- Road and adjacent to Bellaire Shopping Center in the City of Hurst. Mr. Cowel•1 stated that this easement was assigned to the City by Mr. Wisenbaker at the time the City purchased the Water and- Sewer System. Mr. Cowell stated further, that he had discussed this Easement with Mr. Knight, Water Department Superintendent, and Mr. Knight states that he is re- luctant of recommending the release of this Easement since the City has a sewer line just two feet North of this area, and if the City should release one foot, then the City's line will be within one foot of the Easement, which would be inadequate. The City Manager stated that he does not understandwFyy Mr. Carroll is requesting this release -- Mr. Carroll- has stated, that t h i s Easement impairs h i s a b i I i ty t o borrow money and develop the property, since the City of Hurst took thirteen foot of Right -of -way when they widened Pipeline Road. City Attorney Cribbs stated that, in his opinion, a written request should be submitted to the Euless City Council from Mr. Carroll, explaining a I I aspects pertaining to the request for, release of t h i s Easement. After considerable discussion, it was agreed that City Manager Cowell should contact Mr. Carroll and advise him that a written request must be submitted to the City Council pertaining to this matter. IX. COMMERCIAL PERMIT NLUEER $1 - HLA/BLE OIL COMPANY City Manager Cowell informed the Council that Mr. Warren Fuller, representing Humble 0 i I Company, requests a Commercial Permit for a service station located on Tract II I -A.J, Huitt Survey, 211 North Main Street. City Manager Cowell informed the Council that the Planning and Zoning Commission recommended approval of t h i s Commercial Permit. Mr. Warren Fu..:1ler stated that t -his service station w i I I be located on the Duckett Property on North Main Street and w i l l be a service station in the $50,000.00 category. 2,19 (Page Five - Minutes of the Regular City Council. Meeting, February �8, 1966) Councilman Byers made the motion to concur with the recommendation of the Planning and Zoning Commission and approve Commercial Permit No. 31 as requested. Councilman Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Warren, Byers, Fuller and Douglass Nays: None Mayor W. G. Fuller declared the motion carried. X. RESOLUTION NO, 121 SETTING PUBLIC HEARING DATE FCR REZONING S,_ W, MILLS PROPERTY City Secretary Vada Ferris presented Resolution No. 121 requesting a Public Hearing be called on February 22, 1966 for consideration of'rezoning from "A" Residential to "C" Commercial, property lotbtea on Highway 183, being a p a r t of the S . W. M i l l s Subdivision, 'out of the A'.' J. Hu i tt `"Survey. Mr. Warren Fuller, representing Mr. S. W. Mills, informed the Council that a hospital is planned for this site and that his clients are desirous of the Council's consideration in this zoning case, Councilman Douglass made the motion to adopt and approve Resolution No, 121, establishing February 22, 1966 as the date for Public Hearing on this rezoning request. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Warren and Fuller Nays: -None Mayor W. G. Fuller declared the motion carried. (Official copy of Resolution No. 121 on f i le in Office of the City Secretary.) XI. CITY MANAGER'S REPORT I, I MINISTERS - COUNCIL MEETING City Manager Cowell informed the Council that the suggested date for the Ministers and Members of the Council to meet for dinner and informal discussion is February 22, 1966, and he recommends that the time for the Regular City Council meeting of this date be advanced from 7:30 P. M. to 8 :00 P.M. However, a question arose concerning scheduled Public Hearings at 7 :30 P.M. on this date, and it was agreed by Members of the Council that the usual procedure for the Council Meeting and Public Hearings be followed, and the Ministers' meeting be re- scheduled. City Manager Cowell stated that a Called Meeting w i I I be necessary in the near future, to meet with the two Planning Firms selected for consideration in up- dating the City's Master Plan. After considerable discussion, it was agreed that the Ministers and Council Members meet 6n Tuesday, February 15, 1966, at 6 :00 P.M. for discussion and dinner at 7:00 P.M. at Homer Fuller's cabin, and that a Called Meeting for discussion with' the planning firms be held at 6 :00 o'clock as this date. The Council Members concurred with the City Manager's suggestion. �TQV (Page Six - Minutes of, the Regular City Council Meeting, February 8, 1966) EXTENSION CF UTILITIES City Manager Cowell informed the Council that it is becoming extremely urgent for the City to have a Resolution whereby Developers may be permitted to extend u t i I ity lines where necessary, i f the Developers meeting the City's requirements. He stated that the delay in these cases, in order for the Council to approve these extensions is, in some cases, very costly to the Developer. City Attorney Cribbs stated that in order to comply with the law that these matters cannot be handled hastily, that Contractors and /or Developers are aware that they must submit their plans to the City for approval and that there are certain regulations with which they must comply. Mr. C-ribbs stated that he and City Secretary Vada Ferris have discussed the preparation of a Resolution which w i l l euffice in cases as mentioned by the City Mangger; however, each case must be handled individually and consideration given to each case indiyidually. After discussion, C i t y Attorney Cribbs stated t h a t he w i l l prepare a standard form resolution for- presentation at the Called Meeting on Tuesday, February 15, 1966. (Consideration of Resolution for the Clinic on Highway 157 will be an item for the Called Meeting on February 15.) XI I. NORTHEASTERN CITIES ADVISORY COUNCIL REPORT - COUNCILMAN FRANK DOUGLASS Councilman Douglass briefed the Council on the February meeting of the Northeastern Cities Advissry Council. W stated that three items had been discussed which should be mentioned at this time. Water needs-for this area. Councilman Douglass stated that the Advisory Council discussed the feasibility of discussing Northeastern area water needs with the North Central Texas Council of Governments and the possibility of enlisting Federal Aid for assistance with the Water Study Cost. 2. Harwood Road', Councilman Douglass stated that the Advisory Council had discussed the future usage and development of Harwood Road in this area, and that the City of Hurst is particularly concerned, due to the fact that Harwood Road will be a major artery to the new Junior College. He stated'that the Advisory Counc'il was informed of the City of Euless' plans'for Harwood Road and that this item would be discussed at a later meeting of the Advisory Council. 3. C A T V Councilman Douglass stated that the Advisory Council had discussed the Cable Antenna 'Television proposals which each Member City of the Advisory Council has been considering in the past few months. He stated that the Advisory Council agreed that consideration should be given to the Member Cities' coordinating efforts in an attempt to secure additional information on Cable Television and cooperation of the Member Cities in all aspects of Cable Antenna Television. (Page Seven - Minutes of the Regular City Council Meeting, February 8,, 1966) X111. lal�_1�I�I�:I_��[�7� ■�_Vi�� L -12 XIV. COMMERCIAL PERMIT N0. 30 MR. J. D SMITH Mayor Fuller informed the Counci 1 that Mr. J. D. Smith has expressed consideration of a Commercial Permit, in order for him to construct a building on the property near Highway 157 and Glade Road which has been rezoned by Emergency Ordinance from "A" Residential to "C" Commercial. Mayor Fuller inquired of Mr. Smith as to the type building and was informed that the building w i I I be constructed of metal. Mayor Fuller questioned City Inspector Jack Bullard, as to the'specifications of the building -- if the wind load had be -en considered and other factors important to the construction of a building, to insure safety for occupants as well as adjacent buildings. Considerable discussion followed, and City Inspector Bullard informed the Council that he had a small drawing of the building, but that our Ord'i'nances do not require some of the information which the Mayor has mentioned. Councilman Douglass commented that, in his opinion, the City should not permit a garage to be constructed of metal, if the Council is requiring other garage owners to construct their buildings of masonry. Mr. Smith inquired if the Council would consider granting the Commercial Permit if the building is constructed of texcrete. Mr. Bullard informed the Council that the Planning and Zoning Commission has recommended approval of the plans and specifications as' they were submitted by Mr. Smith. After further discussion, Councilman Douglass made the motion that the Commercial Permit be granted if Mr. Smith w i I I meeting the City's building codes by using masonry construction. Mr. Smith commented that he did not want to use masonry because the building would burst when a jet plamewas in the area. He further commented that he did not see why a metal building could not be constructed in that area since there is a turkey farm on one side of his property and a burned -out building on the other side. Coucilman Douglass' motion died for lack of a second. Councilman Warren stated that, in his opinion, the City Council should comply with the City's Ordinances, and that he does not consider exception should be made in any case. Mr. Smith inquired if the Humble Station which was granted a permit earlier this evening would be built of masonry. City Attorney Cribbs informed the Council that Mr. Shirley Peters, Attorney for the Minter's Chapel - Glade Road Property Owners Association, has filed a brief with the Texas Supreme Court in this de- anrxexation case. Mr. Cribbs advised the Council that he must fi I e a brief w i t h i n ten days, and t h a t he w i I I keep the Council informed o f a l l proceedings in this case. XIV. COMMERCIAL PERMIT N0. 30 MR. J. D SMITH Mayor Fuller informed the Counci 1 that Mr. J. D. Smith has expressed consideration of a Commercial Permit, in order for him to construct a building on the property near Highway 157 and Glade Road which has been rezoned by Emergency Ordinance from "A" Residential to "C" Commercial. Mayor Fuller inquired of Mr. Smith as to the type building and was informed that the building w i I I be constructed of metal. Mayor Fuller questioned City Inspector Jack Bullard, as to the'specifications of the building -- if the wind load had be -en considered and other factors important to the construction of a building, to insure safety for occupants as well as adjacent buildings. Considerable discussion followed, and City Inspector Bullard informed the Council that he had a small drawing of the building, but that our Ord'i'nances do not require some of the information which the Mayor has mentioned. Councilman Douglass commented that, in his opinion, the City should not permit a garage to be constructed of metal, if the Council is requiring other garage owners to construct their buildings of masonry. Mr. Smith inquired if the Council would consider granting the Commercial Permit if the building is constructed of texcrete. Mr. Bullard informed the Council that the Planning and Zoning Commission has recommended approval of the plans and specifications as' they were submitted by Mr. Smith. After further discussion, Councilman Douglass made the motion that the Commercial Permit be granted if Mr. Smith w i I I meeting the City's building codes by using masonry construction. Mr. Smith commented that he did not want to use masonry because the building would burst when a jet plamewas in the area. He further commented that he did not see why a metal building could not be constructed in that area since there is a turkey farm on one side of his property and a burned -out building on the other side. Coucilman Douglass' motion died for lack of a second. Councilman Warren stated that, in his opinion, the City Council should comply with the City's Ordinances, and that he does not consider exception should be made in any case. Mr. Smith inquired if the Humble Station which was granted a permit earlier this evening would be built of masonry. 2' 2 2 (`Page Eight— Minutes of the Regular City Council Meeting, February 8, 1966) Councilman Warren stated that the plans which had been submitted on this building by Mr. Smith did..no.t ,seem adequate. After furt'her discus'sion, `Counci'lmari Byers made the motion that a permit for a masonry constructed building be granted to Mr. Smith. Councilman Douglass seconded the - motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Warren and F u l l e r Nays: None Mayor W. G. Fuller declared the motion carried. Mr. Smith thanked the Council for their consideration, r XV; PROJECTED RATE CF EXPENDITURES CAPITAL IMPROVEMENT PROGRAM Mr. Bill presented a graph which was prepared by his f showing theprgJected rate of expenditures in A copy was presented to the Mayor and each 'of graph on f i l e in Office of City Secretary, as XVI. A n 1^1 I —IR—K— ' ATTEST: r City Secretary Ratliff, Consulting Engineer, i rm, Gregory, Know1 ton & Ratliff, the Capital Improvement 'Program. the Councilmen. (Copy of Official Council Exhibit.) The meeting adjourned at 9:05 APPROVED: `F _