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HomeMy WebLinkAbout1966-03-08Regular Meeting of the Euless City Council March 8, 1966 CALL TO ORDER The regular meeting of the Euless City Council was called to order by Mayor W. G. Fuller at 7:30 P. M. in the Council Chambers at Euless City Hall, with the following Councilmen present: Messrs. B i l l Byers, Frank Douglass, Bobby Fuller and Harold Samuels. Also present were City Manager Lee Cowell and City Secretary Vada, Ferris. INVOCATION The Invocation was presented by Councilman Bobby Fuller. APPROVAL CF MINUTES 237 The minutes of the Regular 'Council Meeting, February 22, 1966 and the Executive Meeting of the same date were approved as written. VISITORS Visitors in 'attendance were:' Messrs. Robert G. Montgomery, Gene Heartsfield, Jack M. Bullard, B i I I Martin, S-.W, Mi11s, Warren Fuller, R. C. Eaton, Harold Stone, Merrill Morong, Paul Gregory, B i l l Ratliff, Gene Vineyard and Mrs. Betty Potthoff. I. REZONING REQUEST, S.W. MILLS PROPERTY HIGHWAY 1.57 AND SIMMONS DRIVE Mayor F u l l e r requested M r . B i l l Ratl iff, Consulting Engineer, to discuss the letter, dated February 23, 1966, from the Consulting Engineers, pertaining to this rezoning request. (A copy of this letter was sent to the Mayor and each Member of the Council on Friday, February 25, 1966.) Mr. Ratliff read the letter to the Members of the Council, a portion of which is as follows: "Regarding the question of the hospital having access from the ffoutli, we feel that even through traffic'could be prohibited and all emergency traffic could be routed to the North' entrat'e, thus causithg -no appreciable increase in traffic around the homes on the South side, still we believe that the construction of such' access should not be dictated by the City. Our opinion is that, since this is a privately owned facility and will be operated in such a manner, t h i s w i l l dictate that it praYtide convenient access to the public in order to be profitable for the owners. We, therefore, recommend that the City Council grant permission for such Southerly access if requested by the Owners, and stipulate that the site plan will provide no through traffic and no emergency traffic from the South entrance. However, we do not recommend that such a South entrance be required as we believe any private business w i I I provide such access if the market warrants the expenditure. 23h (Page TwoyMinutes of the Regular City Council Meeting, March 8, 1966) In regard to the drainage channel and any possible necessary fencing, it is our present thinking that the channel in question will probably be designed on a flat bottom with sloping sides in a future capital improvements program. This type of channel section is not normally considered hazardous except possibly in the event a car were to ro I I into the ditch. We, therefore, would recommend that safeguards be established along the parking area t o prevent such an occurence, but not necessarily the construction of a fence." Councilman Byers made the motion to concur with the recommendation of the Planning and Zoning Commission and rezone S. W. M i I Is' property fi�orn "A" Residential to "C" Commercial'. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Byers, Fuller and Douglass Nays: None � '` Mayor W. G. Fuller declared the motion carried. SECOND READING, ORDINANCE N0. 276 CLOSING AN EASEMENT ON EDISON C R O M E R PROPERTY, SOUTH MAIN AND HU I TT LANE City Manager Cowell 1 presented Second Reading of Ordinance No. 276, closing an Easement located at Huitt Lane and South Main, Lot 28, Alexander Cullum Subdivision. Councilman Douglass made the motion to pass and approve Ordinance No. 276 on second reading. Councilman Byer-s 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 carried. (Official Copy of Ordinance No. 276 and Plat showing Drainage Easement closed, on f i I e in Office of City Secretary. ) ,IV RESOLUTION NO. 124, AUTHORIZING CONSTRUCTION CONTRACT GREEN HILLS PARK. THIRD INCREMENT -- City Manager Cowell read Resolution No. 124, authoriz'ing Mayor of 'City 'of Eules's to approve ,construction contract for extensions to the municipally owned Water 'and Sewer System for the Green Hills Park Subdivision; this contract being by and between Janann, Inc. and Cowart Construction Company. The City Manager informed the Council that the Engineers have reviewed and' approved th is construction contract. Counci ]man FuIIer made the motion to approve Resolution No. 1.24 as presented. Councilman Douglass seconded the motion, and the vote i s as follows: (Page Three- Minutes of the Regular City Council. Meeting, March 8, 1966) Ayes: Councilmen Fuller, Douglass, Byers and Samuels Nays: None j Mayor Fuller declared the motion carri -ed. (Official Copy of Resolution No. 124 and Contract Agreements r e l a t i v e t o t h i s Construction Contract on f i l e in Office of City Secretary.) V. RESOLUTION N0, 125, AUTHORIZING CONSTRUCTION CONTRACT FCR WATER LINES TO MEDICAL AND DENTAL ARTS CENTER ADDITION, FIRST INCREMENT -- MEDICAL AND DENTAL ARTS CENTER ANQ DAVID BYERS City Manager Cowell read Resolution No. 125, authorizing the Mayor of the City of Euless to approve Water Conwtruction Contract for, the Euless Medical and. Dental Arts Center Addition and David Byers, as Developer. The City Manager reported that the Contract has been reviewed and approved by the Consulting Engineers. Councilman Samuels made the motion to pass and approve Resolution No. 125, as presented. Councilman Fuller seconded the motion, and the vote i s as follows: Ayes: Councilmen Fuller, � Samuels,. Douglass and Byers. Nays: None Mayor Fuller declared the motion carried. (Official Copy of Resolution No. 125 and Contract Agreements r e l a t i v e t o t h i s Construction Contract on f i l e in Office of City Secretary.) VI. RESOLUTION NO. 126, AUTHORIZING CONSTRUCTION CONTRACT FCR SEWER LINES TO MEDICAL AND DENTAL)ARTS CENTER ' ADDIT_J•ON,FIRST INCREMENT -- MEDICAL AND DENTAL ARTS CENTER AND COWART CONSTRUCTION COMPANY City Manager Cowell read Resolution No. 126_, authorizing the Mayor of the City of Euless to approve Sewer Line Construc- tion.Contract for-the Euless Medical and Dental Arts Center Addition and Cowart Construction Company,, as Developer. The City Manager reported that the Contract has been reviewed and approved by the Consulting Engineers. Councilman Samuels made the motion to pass and approve Resolution No. 126 as presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Byers., F u l l e r and Douglass Nays: None Mayor Fuller declared the motion carried. (Official CoQy of Resolution No. 126 and Contract Agreements relative to this Construction Contract on file in Office of City Secretary.) 240 (Page Four - Minutes of the Regular City Council Meeting, March 8, 1966) With reference to Resolutions No. 125 and 126, Mr. B i I I Ratliff, Consulting Engineer, pointed out to the Council that, according to the presently adopted Policies and Procedures, any future taps made on the approach mai'ns, both water and sewer, would be refundable to: this Developer, only if they were 'single service connections. Any taps for-water or sewer mains or laterals would not be refundable. VII, ENGINEERS PROGRESS REPORT STREET AND DRAINAGE CONTRACTS NO. TWO AND THREE Consulting Eng'inee'r, Bi 1.1 Rat] iff„ presented a copy of the'progress report to' the Mayor and each Member of the Council and stated that the report i s self - explanatory; however, if the Councilmen desire discussion, he is at their disposal. Councilman Byers inquired as to the location of Channel D, Section Two, Item Four, Contract Two. Mr. Ratliff stated that this is the Simmons Drive Drainage Channel, at Highway 183" and' Simmons Drive. Item Four states that the concrete work and back --fill has' almost been completed; "'and Councilman Byers inquired as to the responsibility of the expenditure for this work on the drainage ditch. Mr. Ratliff stated that he had assumed that the City would be responsible -for this expeaee. Mayor Fuller asked the Consulting Engineer why Harwood Road was closed completely, during t'he construction, stating that it was his understanding, at the time the City entered into the Street Improvement Program, that one lane, of each street under construction, would remain open. to traffic. Mr. Gregory, Consulting Engineer, stated that the engineers had taken a calculated risk on closing this street entirely, thinking that the construction would be completed in a very short time and would not create a problem; however, he stated that a I I elements had not been in their favor and that the closing of Harwood Road entirely had presented several problems; that the second portion'of Harwood Road b'obedelgd to be completed, from the North Euless Elementary School to Highway 1 51; would have one lane open to traffic all during the construction, phase. Councilman Samuels inqui red' about 'the curb and gutter work, and other improvements, being constructed on Pipeline Road; East of Highway 157. It'was explained that Pipel ire Road is completely i n the City of Fort Worth, and that the curb and gutter work which i s being constructed at this time, i s due to the Developers' placing monies in 'escrow with the City of Euless, at'the time a Building Permit was issued for the construction of houses in that area, and that the City of Fort Worth would be responsible for the paving. City Manager Cowell stated that he has been informed by the Water Department that sewer mains in the vicinity of Harwood Road and Main Street may need adjustments, and that, if so, these adjustments should be made prior to the street construction. Mr.' Gregory stated that' Mr. ''Bi l l Ri'Vers, Engineer in the Euless Field Office, has discovered'this situation, and'it is being checked by the Engineers at this time. 7 241 (Page Five - Minutes of the Regular City Council Meeting, March 8, 1966) V1I1. MR. ROBERT G. MOWGCNERY CLAIM AGAINST CITY (SEWAGE LEAD Mr. Robert G. Montgomery p.resented a letter dated March 8, addressed to the Mayor and City Council, which explained the flooding of his home from a City, -owned main sewer line, on Friday, January 14, 1966 and on Saturday, January 15, 1966, and a copy of a letter dated January 28, 1966, addressed to the City of Euless, stating that the letter is a claim filed against the City of Euless, in accordance with Article 12, Section 6, of the Charter of the City of Euless. Mr. Montgomery read the letter and explained, in detail, this flooding situation. Discussion followed, and Mr. Montgomery stated that it was determined later that the first flooding was caused by the City Employees' cleaning a main sewer line approximately one and one -half (12) blocks from his home; that when the line was un- stopped, a big gush of water came through, causing the flooding of his home. Mr. Montgomery's letter stated that he had made eirery effort to secure an estimate from the City's Insurance Carrier, and having been unable to obtain this estimate, he had pursued the matter of obtaining estimates himself, and that the estimated damages amougt to $2,553.58. Mayor Fuller stated that, in his opinion, a written report should be submitted from the Insurance Adjuster, and that he is desirous that Mr. Montgomery understand that City Employees making of state- ments of the nature made by the employees who assisted with the clean -up at the time of the flooding, does not make the City responsible. Mr. Montgomery stated that he was aware of this. Mayor Fuller stated that he recommends that the City Manager secure a written report from the Insurance Adjuster, and an explanation of how they have arrived at these conclusions, regardless of whether the report indicates the City is responsible or Mr. Montgomery's claim is not justified. Mr. Montgomery stated that he had been informed that a safety valve would be placed on the line in his back yard to prevent future floodings; however, to his knowledge at this time, this safety valve has not been installed. He stated that the City crew had patched a hole which was knocked in the line at the time this mishap occurred. Mr. Montgomery stated that he does not consider that the Insurance Adjuster has been fair to the City or to him. Mayor Fuller thanked Mr. Montgomery and expressed his appreciation for the Council's having been informed of this situa- tion. He stated further that the City Manager is hereby instructed to contact the Insurance Adjuster tomorrow -- Wednesday, March 9, 1966, requesting that the Adjuster go with the City Manager to review the damages to Mr. Montgomery's home, and that a written report be submitted from the Adjuster, on this situation. Councilman Byers stated that, in his opinion, Mr. Montgomery should be notified of every action in this matter. 242 (Page Six - Minutes of the Regular City Council Meeting, March 8, 1966) Mr. Montgomery thanked the Council for their attention to this matter. (Copy o f M r . Montgomery's l e t t e r to Council on f i l e in Office of City Secretary.) IX. COMMERCIAL PERMIT NO. 32 - JIMMY PAYTON City Manager Cowell informed the Council that Mr. Jimmy Payton has submitted plans and specifications, requesting a permit for a 45 X 94 ft. building, on Tract I V C, Park Crestmoor Addition. The City Manager read Item 111, Planning and Zoning Commission Minutes, dated March 1, 1966, in which the Planning and Zoning Commission recommended approval for issuance of Commercial Permit No. 32. Councilman Douglass made the motion to concur with the Planning and Zoning Commission's recommendation and grant Commercial Permit No. 32 to Mr. Jimmy C. Payton. Councilman Samuels seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Drawing describing the property is on file in Office of City Secretary.) CITY MANAGER'S REPORT X. EXECUTIVE CAR SPECIFICATIONS City Manager Cowell presented specifica- tions for an executive car, for City use, for the Council members' considera- tion. The 14" tires, listed on the specifications, were an item for discussion. It was agreed by the Council members that the City Manager should advertise for bids. FEDERAL A I D ASSISTANCE IN LIBRARY City Manager Cowell informed the Council that the Library Board has secured information pertaining to Federal Financial Assistance, to promote the development of Public Library Service, and the Library Board recommends that the City Council give their approval t o f i l e application with the Texas State Library for a federal grant, in order that the City of Euless may construct and equip a more adequate library. Councilman Samuels inquired if submitting an a p p l i c a t i o n f o r federal assistance w i l l delay the construction of the new library. City Manager Cowell stated affirmatively; however, that the Architects have indicated t h a t they w i l l work very closely with the City on this Federal Program, and that if the Federal Grant is approved, it would not delay the library construction more than three to six months. The City Manager stated that the Library Board is willing to wait these few months, t in order to have a larger and more adequate library, which could be expected, i f the Federal Grant is approved. The City Manager stated t h a t i t w i l l be necessary for the City to work with the Texas State Library on design and plans. Mayor Fuller clarified this by stating that the basic working plans 24% (Page Seven - Minutes of the Regular City Council Meeting, March 8, 1966) would have to be co- ordinated with the State Library. The City Manager stated that the Federal Grant Will finance to the extent of 50% of the total appropriated by the City -- in other words, if the library is being planned for $200,000.00, the federal assistance would amount to $100,000.00. Councilman Fuller inquired if the City would be in a position to equip the Library, if the federal assistance is approved. The City Manager explained that the State w i I I participate in equiping the library - 50% and also construction - 50 %. After discussion, Councilman Douglass made the motion that the Mayor and City Manager prepare application for this federal grant on library and a Resolution be passed authorizing the Mayor of the City of Euless to sign necessary documents in this matter. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Resolution No. 127, Authorizing Mayor to sign documents for Library Grant on fi le in Office of City Secretary.) (City Attorney James Cribbs arrived at 8 :50 P. M.) XI. EAST SEWAGE TREATMENT PLANT Or. Gregory stated that, if and when, the i City of Euless makes a d e f i n i t e decision to construct the East Sewage Treat- ment Plant,a federal grant w i l l be necessary. Mr. Ratliff stated that the engineers had beer ?contacted by Mr. Joe Rody, inquiring if the City of Euless had any pre- ference in being the sewage treatment agency for the airport. Mr. Ratliff stated it might be timely for the City of Euless to submit a letter to Tippets, Abbot, McCarthy and Stratton, s t a t i n g t h a t the City of Euless w i l l be in a position to serve this facility as a sewage treatment plant. XI I. DISCUSSION CF PROPOSED MEETING WITH BEDFORD OFFICIALS - WATER AND SEWER SYSTEM SALE Mayor Fuller informed the Council that a Resolution had been sent to the Mayor of the City Bedford, proposing a meeting a t Western H i l l s Inn, and that Bedford had replied to this Resolution, . suggesting a different time. The City of Euless has concurred with the time specified and the meeting has been called for 7:30 P.M., Wednesday, March 9, in Western H i l l s Inn, to discuss the proposed purchase of the Bedford portion of the Water and Sewer System by the City of Bedford. Mayor Fuller stated that the Council needs to consider a representative from the City of Euless for this meeting. Mr. Merrill Morong, Fiscal Agent, stated that he does not consider this meeting the proper time for the City of Euless to establish a price for this proposed purchase. j44 (Page Eight- Minutes of the Regular City Council Meeting, March 8, 1966) Mr. Paul Gregory, Consulting Engineer, stated that, ;in his opinion, the meeting is to establish a plan to determine a price. The City Attorney inquired if Mayor Fuller is planning to suggest that the Engineers from the City of Bedford and the City of Euless meet and discuss the separation of the Water and Sewer System. Mayor Fuller answered affirmatively. Councilman Samuels stated that, in h i s opinion, the City of Euless should submit three or four prices, for certain items, to the City of Bedford. The City Attorney commented, that , regardless of the price, the City of Bedford w i I I determine that the price is too high. The City Attorney commented further, that in his opinion, the City of Bedford wants the City of Euless to place a price on the Bedford portion of the Water and Sewer System, and that the City of Euless should emphasize that some of the wells are in the City of Bedford and that the City of Euless cannot place a price on that portion of the Bedford portion. Mayor Fuller stated that if Bedford re- quests a price, he w i I I recommend that the City of Euless' engineers and Bedford's engineers meet and discuss a possible separation of the Systems and present a report to their respective Councils. Councilman Douglass stated that he ,has been informed that this proposed purchase by the City of Bedford, and their insistence of a price being placed an the Bedford portion, possibly, is due to a political faction in Bedford and the fact that a City Election will be held very shortly. Mr. Gregory stated that he is reasonab y certain that Mr. John Burgess,. Engineer for the City. of Bedford, w i I I agree that the engineering firms need to discuss the separation of the sys terns. Mr. Gene Vineyard, one of the City's Bonding Agents, introduced himself and stated that eventually, represen- tatives of both cities w i I I have to discuss a price; however, the fi rst step is for the engineering firms to determine a means of separating the systems. Councilman Byers stated that, at the time the City of Euless purchased the Water and Sewer System from Municipal Service Company, the Council relied on the Engineers, Fiscal Agents, and City Attorney to instruct the Council on what to do and what could be done; that, in his opinion, the City of Bedford should do the same. Comments were made that, possibly, Bedford Engineers would not be present at the proposed meeting. It was ascertained that, if Bedford's engineers were not present, then the City of Bedford is not acting i n good faith. Mr. Vineyard stated that i n order for the City of Bedford to purchase a portion of the System, a registered engineer must certify that the system can be supported by revenues from the System, and if the Engineers cannot or w i I I not do this, then they are not acting i n good faith. Councilman Samuels pointed out that it is very important that the citizens of Euless and Bedford understand that the City of Euless w i I I not make a profit on this sale. Mayor Fuller commented that he has asked Mrs. Ferris, City Secretary, to attend this meeting with Bedford Officials and record the discussion. City Manager Cowell was complimented on his action at the Bedford Council meeting on Monday night, where he acted as the City of Euless' Official Representative. The Council agreed that Mayor Fuller should be the City's Official Representative at the meeting with Bedford Officials at Western Hill's Inn on Wednesday, March 9. XIII. rl■v i0i_RIi1 %MRr. The meeting adjourned at 9:50 P. M. APPROVED: Mayor ATTEST: w m � , wf 2e� (Page Nine - Minutes of the Regular City Council Meeting, March 8, 1966) The City Attorney stated that this is very important, the price placed on the property to be sold must not be changed; the City of Euless must have an election to sell this portion of the System. Mayor F u l l e r commented t h a t t h i s p r i c e w i l l be as of the date of acquisition - -not the figure at the time the price was placed on the System. Mr. Gene Vineyard stated that he w i I I be unable to attend the meeting with Bedford Officials, and that Mr. Merrill Morong w i l l attend as representative for the Fiscal Agents; however, he recommends that Mayor Fuller be the City's Official Spokesman. Mayor Fuller commented that he has asked Mrs. Ferris, City Secretary, to attend this meeting with Bedford Officials and record the discussion. City Manager Cowell was complimented on his action at the Bedford Council meeting on Monday night, where he acted as the City of Euless' Official Representative. The Council agreed that Mayor Fuller should be the City's Official Representative at the meeting with Bedford Officials at Western Hill's Inn on Wednesday, March 9. XIII. rl■v i0i_RIi1 %MRr. The meeting adjourned at 9:50 P. M. APPROVED: Mayor ATTEST: w m � , wf 24b