Loading...
HomeMy WebLinkAbout1966-07-26a� U ; Regular Meeting of the Euless City Council J u l y 26, 1966 CALL TO ORDER The Regular Meeting of the Euless City Council was called to order by Mayor W. G. Fuller, in the Council Chambers of Euless City Hall at 7:40 P.M., with the following present: Councilmen Bobby R. Fuller, Frank Douglass, B i I I Byers,. Harold Samuels and Don R. Warren. Also present were City Manager Lee Cowell, Gity Attorney James Cribbs and City Secretary Vada Ferris. 1 NVOCATI ON The Invocation was given by Councilman Harold Samuels, VISITORS, Visitors in attendance were: Mr. and Mrs. F. 0. Genseke; Messrs. Walter A. Elliott, Jr., Bob Harvey, David -C. Moak, Gene Welch, R. J. Jernigan, Kenneth English, Len Weber, Paul Huffhines, M e rri I I Morong and Grady King; and Miss Mary Simpson, reporter from the Euless Herald. APPROVAL CF :MINUTES The Minutes of the Regular Meeting, dated July 12, 1966, the Executive Meeting, dated June 28, 1966 and the Executive Meeting dated July 12, 1966 were approved !as written... PUBLIC HEARING RE- ZONING REQUEST, F, 0, GENSEKE 29.288 ACRE TRACT (HUFFMAN ROAD AND HIGHWAY 157) ,- ') :;:* Mayor Fuller declared the Pub1 is Hearing open on,-the re- zoning request by Mr. and Mrs, F. 0. Genseke, for re- zoning 29.288 acres from "A" Residential to "C" Commercial:;r. (Property located a,t Southeast corner of Highway No, 157 and Huffman Road.) Mrs. Genseke was present :and informed the Council that she is anxious that this property be re- zoned, in order for her to sell for commercial use. City Manager Cowell read Planning and Zonw i -n,g Minutes of June 2,1, 1.966, in which the Planning and Zoning Commission recom- mends approval. of this request, subject to approval by M: Robert Caldwell, City Land Planning Consultant. Councilman Samuels questioned the zoning on adjacent property and expressed concern of zoning property commercial which is adjacent to residential property. LK (Pace Two, Minutes of Regular Meeting, Euless city Council, July 26, 196 6) Mrs. Genseke stated that she has been ad- vised that the property owners on the East of her property plan to request com- mercial zoning, in the near future. After discussion and review of plat of this area, Mayor Fuller stated that he recommends the approval of the re- zoning request and First Reading of the re- zoning Ordinance; that the Land Planner, Mr. Caldwell, be consulted concerning the re- zoning of this tract, prior to the Second Reading of the Ordinance on August 9., 1.966. Mrs. Genseke stated that the sale of her property depends on the property being zoned "commercial ". Councilman Samuels requested that Mrs. Genseke furnish the City Council information as to the use of this property. (This information to be presented prior to the next Regular Council Meeting on August 9, 1966.) The Council entered into a discussion con- cerning the Ordinance pertaining to re- zoning ''conditions subsequent ", which is scheduled for Second Reading under Item VI -C, and it was agreed to deviate from the Agenda and consider Second Reading of this Ordinance at this time. ORDINANCE NO. 284 Councilman Samuels made the motion to ap- prove Second Reading of Ordinance No, 284, re- zoning "Conditions Subsequent ". Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Douglass and Fuller Nays: None (Councilman Byers not present when the vote was taken.) Mayor Fuller declared the motion carried and Ordinance No. 284 duly passed. FIRST READING: RE- ZONING GENSEKE PROPERTY Councilman Samuels made the mot ian to' con- cur with the recommendation of the Planning and Zoning Commission and approve -First Reading of the Ordinance re- zoning the F. 0. Genseke property from ".A'' Resi- dential to "C" Commercial. Councilman Warren seconded the motion, and.-tie vote is as follows: Ayes: Councilmen Samuels, Warren, Douglass and Fuller Nays: None (Councilman Byers not present when the vote was .taken.) Mayor Fuller declared the motion carried. (City Secretary instructed to furnish plat of this property to Mr. Robert Caldwell, Land Planner, with a request for his comments' concerning this re- zoning prior to August 9, 1966.) (Second Reading of Ordinance on August "9, 1966,' s'ubjectto Mr. Caldwell's comments.) Ii. PUBLIC HEARING, RE- ZONING REQUEST BY \ MESSRS. DAVID MOAK AND WALTER ELLIOTT City Manager Corte II read Planning and Zoning Minutes dated June 21, 1966, in which Planning and Zoning Commission 1 o5. (Page Three, Minutes of Regular Meeting, Euless City Council," July 26, 1966.) 'recommends 'approval 'of the' re- zoning' request, as submitted, (One tract re -zoned '!C " 'Commercial; one tract re -zoned "A - ?" Duplex,). Kr. David Moak informed the Counci 1' that he and Mr. Elliot't do not have definite plans, at this f"ime; for the property they propose to be zoned commercial. Ayes: Councilmen Warren, Douglass, Samuels and F u l l e r Nays: None Mayor Fuller'declared the motion carried.-' (City Secretary instructed to furnish plat of this property to Mr. Robert C61dwel'1,' 'Land Planner,' with the request for his comments concerning this re- zoning, prior to August 9, 1966.) (Second Reading of Ordinance on August 9, 1966, subject to Mr. Caldwell's comments.)` ' CITY ATTORNEY'S REPORT City Attorney James Cribbs presented a proposed contracfi, which he. -had p- repared for Land. •Plann•ing• Consultant services -- Contract to exist between Robert Caldwell & Associates and the City of Euless. Mr. Cribbs stated that this contract is acceptable to Mr, Caldwell, However, after discussion, it was agreed to postpone action on this contract until each Councilman has an opportunity to consider same. (City Secretary was instructed to furnish each Councilman a copy of contract, as prepared by'James'Cribbs.) CITY -SCHOOL POOL PARTICIPATION City Attorney James Cribbs presented a letter dated July 26, 1966, detailing the use of City Park Bond Funds in con- struction of a swimming pool at the new Trinity High School. Mr, Cribbs stated that he had been in consultation with Mr. Elbert Morrow, one of the City Bond Attorneys concerning the use of Park Bond Funds for this venture, and Mr. Morrow stated that a similar arrangement has been consummated in the City of San Antonio, and, to his knowledge, there is no specific statutory prohibition of such partici- pation. Mr. Cribbs discussed the Statutory Article No. 969b, and stated that Mr. Morrow is of the opinion that this Statutory Article is sufficient authority for the proposed use of Bond Funds. Mr. Cribbs stated that he has also consulted Mr. Wayne Rhone, Attorney for the Hurst - Euless - Bedford Independent School District, who ptatedt that the school district trustees are most anxious to co- operate with the City in the construction and use of a pool at Trinity High School. Mr. Jernigan, who has property adjacent to this tract, was present and informed the Council that he does 'not object to the re- zoning, as requested ;.by Messrs. Moak and E l l i o t t . After discussion and review of the plat, Councilman- Warren made the motion to approve the re- zoning, as requested, and ap- prove F,i rst ,Reading of t'he re- zoning Ordin?nr�e. Councilman Douglass seconded the motion, and. the vote is as f o I tows: Ayes: Councilmen Warren, Douglass, Samuels and F u l l e r Nays: None Mayor Fuller'declared the motion carried.-' (City Secretary instructed to furnish plat of this property to Mr. Robert C61dwel'1,' 'Land Planner,' with the request for his comments concerning this re- zoning, prior to August 9, 1966.) (Second Reading of Ordinance on August 9, 1966, subject to Mr. Caldwell's comments.)` ' CITY ATTORNEY'S REPORT City Attorney James Cribbs presented a proposed contracfi, which he. -had p- repared for Land. •Plann•ing• Consultant services -- Contract to exist between Robert Caldwell & Associates and the City of Euless. Mr. Cribbs stated that this contract is acceptable to Mr, Caldwell, However, after discussion, it was agreed to postpone action on this contract until each Councilman has an opportunity to consider same. (City Secretary was instructed to furnish each Councilman a copy of contract, as prepared by'James'Cribbs.) CITY -SCHOOL POOL PARTICIPATION City Attorney James Cribbs presented a letter dated July 26, 1966, detailing the use of City Park Bond Funds in con- struction of a swimming pool at the new Trinity High School. Mr, Cribbs stated that he had been in consultation with Mr. Elbert Morrow, one of the City Bond Attorneys concerning the use of Park Bond Funds for this venture, and Mr. Morrow stated that a similar arrangement has been consummated in the City of San Antonio, and, to his knowledge, there is no specific statutory prohibition of such partici- pation. Mr. Cribbs discussed the Statutory Article No. 969b, and stated that Mr. Morrow is of the opinion that this Statutory Article is sufficient authority for the proposed use of Bond Funds. Mr. Cribbs stated that he has also consulted Mr. Wayne Rhone, Attorney for the Hurst - Euless - Bedford Independent School District, who ptatedt that the school district trustees are most anxious to co- operate with the City in the construction and use of a pool at Trinity High School. 106 (Pape Four, Minutes of Regular Meeting, Euless City Council, July 26, 19b6) Mr. David Moak, School Board Trustee in attendance at this meeting, stated that the School Board is desirous of entering into an Agreement with the Ci'ty of Euless for construction of this pool and that in his opinion, facility use, during the winter months as well as summer months, could _b.e worked -out between the School District and the City. Mr. Cribbs stated that he recommends that the City Council advise the Hurst - Euless- Bedford School District of its willingness to participate in the cost of construction of the swimming pool at Trinity High School, and that this offer should be made, subject to.the execution of a satis- factory contract which wi l'1 reserve to the City adequate rights of usage and equit- able dissolution. City Manager Cowell stated that the, Council should be reminded that, recently, Mr. Gene 9�chrickel was appointed,? by the Coun- cil, to negotiate with the School District in this venture, concerning'the matter of funds and participation. After discussion, Councilman Fuller made the motiop that the City- Attorney be authgr.ized to prepare ,a contract to exit with the Hurst - Euless- Bedford independent School Dis.t,rict, 'for participation and cost of construction of the swimming pool, subject to the'conditions' outlined in tRe City Attorney's Letter. Counci.lmao. Samuels seconded.the motion, _and the 'vote is as follows: Ayes: Councilmen Fuller, Samuels, Douglass and Warren Nays: None Mayor Fuller declared the motion carried. (Copy of City Attorney's letter on file as Official Council Exhibit in Office of City Secretary.) RESOLUTION NO. 142, RE -NAME PORTION OF „STREET City 'Attorney James Cribbs read Resolution No. 142, designating the portion of Simmons Drive from Highway 183 to Huffman Dr. as Ector Drive. Councilman Douglass made the motion to ap- prove Resolution 'No. 142, as presented by the City Attorney. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Warren, Samuels and F u l l e r Nays: None Mayor Fuller declared the motion carried'. (Copy of Resolution No. 142 on f i I e i n Office of City Secretary.) IV. REPORT ON GREEN HILLS PARK ESCROW FUNDS Mr. Kenneth English stafed thot, at the last Regular Council Meeting-, Mr. 134,11 Ratliff was requested to furnish the Council a report concerning the mon'ies placed i n escrow,by the Developer i n Green Hi l is Park -- this request due to the Council's action pertaining to Developer's parti- cipation in drainage facilities in a subdivision and the Consulting Engineer's 107 (Page Five, Minutes of Regular Meeting, Euless City Council, July' 26, 1966.) interpretation" bf" developer participatioh in City's Policies and-Procedures; 3 (Item XiV -, Council Minutes, July 12, 1.966.) Mr. English, stated that the Consult- ing Engineers have contacted Mr. John Ball, Developer in Green Hills Park, re- questing information which would assist the Engineers in determining the amount to be placed in escrow, and that this information had not been submitted by Mr, Ball, at this time; therefore, he suggested that this item be tabled until this informa- tion is available. (No Council acfion required.) V. RESOLUTION No. 143, APPROVING AND ADOPTING ENGINEER'S ESTIMATE AND SETTING A PUBLIC HEARING DATE FOR STREET AND DRAINAGE CONTRACT N0. City Manager Cowell read Resolution No. 143 approving and adopt'ing the Engineer's estimate and setting Public Hearing Date for Street and Drainage Contract No. 4 - Public Hearing date August 9, 1966. Councilman Douglass made the motion to ap- prove Resolution No. 143, as presented. Councilman Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Warren, Samuels and F u l l e r Nays: None - Mayor Fuller declared the motion carried. +(Copy of Resolution No. 143 on f i l e in Office of City Secretary) VI. CORRECTION-OF FINAL PLAT, MORRISDALE NO. 1, REVISION City Manager Cowell informed the Council that he,-,hod been advised that there was an error on the final plat of Morrisdale No. 1, -Re:vi.sion (property on Pipeline Road, owners - Messrs. Pierce and Beckham). Mr. Cowell stated that there had been an error in the property Owner's names and also an error in lot measurements on the plat. It was determined that the Planning and Zoning-Cam mission had accepted the corrected sepia and, after dis- cussi,an and review of the final plat, with corrections, Councilman Fuller made the motion that the Council approve the corrected final plat of Morrisdale No. 1. Councilman Douglass seconded the ,mot ion, and the vote is as follows: Ayes: Council -men Douglass, Fuller, Samuels and Warren Nays: None , Mayor Fuller declared the motion carried, (City Secretary dated corrected sepia as of July 26, 1966.) VII. FINAL PLAT MORRISDALE ESTATES N0. 2 t City Manager Cowell read Planning .and Zon- ing Minutes dated July 21, 1966, in which the Planning and Zoning Commission re- commended that the final plat of Morrisdale Estates No. 2 be approved, with the (Page Six, Minutes of Regular. Meeting, Euless City Council, July 26. 1966.) stip'Ulation that Item III of Engineer's letter dated July 18, 1966; be resolved with the City Council. The Planning -and Zoning Commission further recommended that ' the lower portion of Pebble Creek be opened to- Bluebonnet Drive, at. -th6 earl iest I. possible date.' The -City Manager referred to -the Engineer's. letter and..the Nanning and Zoning M Mutes were discussed by members-of the. Council. - I tern. 1 1 1• of. the letter states that the Engineers understand that the City's policy is to require the Developer to deposit, with -the City, $8.00 per foot of frontage on Pebble Creek, or a total of $11,233.60 for 1,404.2 feet. Mr. Paul Huffhines, one of the developers of Morrisdale Estates, stated that he is very anxious that the C.ity open the creek, where it now dead -ends, and that-,all of the creek be concreted.` 1> , Mayor Fuller informed Mr. Huffhines that the opening of this creek had been referred to the City of Hurst, since a small portion of the area is located in that City. The City Manager stated that after discuss- ing this matter with Mr. Don Edmonds, Hurst City Manager, there seems to be some discrepancies inn the, boundary lines. Councilman Douglass made the motion to con- cur with the recommendation of the Planning and Zoning Commission and approve the final plat of Morrisdale Estates No. 2. Councilman Douglass was' reminded that the Planning and Zoning Commission had recommended approval subject to the Council's resolving Item III of the Engineer's - letter, therefore, Councilman Douglass with- drew his motion. Council, Mr. English, Consul ed an approximate $140,000.00 (Councilman Byers arrived at improvements to this channel the channel i s scheduled fo or • I n answer to a question by Members of the ting Engineer, stated that the Engineers have estimat- for cost of improvements to the creek. approximately 8;40 PM) I t was determined by the Engineers that the are not - scheduled until 1.967, and only -a portion of improvement at -that time. - . ._ Mr. Huffhines informed the Council that he w i l l bear the cost of cutting the channel through, in its entirety, if the City can - obtain permission from the property owner, Mr. Rickle, who owns a small portion located in the City of Hurst, adjacent to Mr. Huffhines' property. It was estimat- ed that the cost to the City, for improvements in this creek, would be approximate- ly $100,000.00, and that the larger portion of this amount is not included in the present Capital Improvement Program. I t was also mentioned that at the time the Capital Improvement Program was prepared, an earthen channel was planned -- not a concrete ''I fined channel. Mr. Huffhines stated that he has not re- quested a concrete lined channel. Ft is his opinion that the concrete -lined channel is the City's desire. Mr. Huffhines, stated further that he -is not -in fa- vor of depositiag a large sum of money with the City until the work has been started in this area. 1.09 (Rage Seven;' Minutes of Regular Meeting, Euless City Council, July 26, 1966.) . After considerable discussion and explan- ation by the City Attorney concerning the proposed agreement to exist between Er. Huffhines and the City, Mr. Huffhines stated that he desires a contract with the exact dollar and cents figure, for improvements to all of the creek located on his property. It was agreed that the Consulting Engineer should 'furnish'thisfigure, to be .discussedat the next Regular Council Meeting. Councilman Samuels made the motion to con- cur with the recommendation of the Planning and Zoning Commission and approve final prat, subject to the Engineer's figures being presented and an Escrow Agreement signed by Mr. Huffhines. Councilman Byers seconded the motion. 1,/Ir. Walter Elliott informed the Council that hi s f i m-11 s scheduled to accept b4 ds for storm sewers i n • this area and is de- sirous of the Council's consideration in thJs,matter -- stating that,;. if there is a possiblli y'th,at all matters will not be worked -out between the Developer and the City, he will need to postpone his Bid Opening. The Council Members, agreed that there should be no problem in finalizing these technicalities, thereby resulting in approval of the Final Plat. After discussion, Councilman Samuels agreed to withdraw his motion, and Councilman Byers agreed to withdraw his Second to the motion.' , After still further discussion, Councilman Sarnuels stated he requests that the Engineers determine if extensive,l,mproyements will be required in this channel. Councilman Samuels made the motion to table the�approv.al -.of this plat until the next Regular Council Meeting. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilman Samuels, Byers, Fuller, Warren and Douglass Nays: None Mayor Fuller declared the motion carried. (Consulting Engineers to submit figures for Escrow Agreement prior to the next Regular Council Meeting, August, 9, 1966.) Vlll. WILSHIRE VILLAGE DRAINAGE CHANNEL BEAUTIFICATION Mayor Fuller informed the Council that a property owner in Wilshire Village, whose property abuts the drainage channel, has expressed a desire to beautify the channel adjacent to his property, and that he has consulted other property owners, who are desirous of this beautification pro - gram; Th is c i,t i zeh, has . indicated that the property :owners are w N I ing to spend - $100,00 each f'or the'teaut l;f i cat -ion of the Ara i nage channel adjacent to their Councilman Samuels stated that he has been advised by one property owner that he is opposed to this beautification and has requested that he be informed, if this project is discussed with the Council, as he would like to express his dis-satisf action in person to the Council. 110 (Page Eight,, Kinu.tes of Regular Meeting, Euless City, Council„ July 26, 1966.) IX. COMMUNICATION: COLONIAL FUNERAL HOME I City Manager Cowell read a letter address- ed to the Mayor, which states that the Colonial Funeral Home, of the City of Irving, w i l l continue to furnish ambulance services to Euless and the surrounding area, and that if at any time they are forced to discontinue this service, the Council will be advised, in writing, thirty (30) days prior to discontinuance of the service. Mayor Fuller stated that he is most ap- preciative of this letter and the services of the Funeral Home. . .. Councilman Douglass stated that he is a l i t t l e chagrined that Lucas Brothers Funeral Home had made an appearance before the City Council of Hurst, informing them that they are discontinuing ambulance-service in t h i s area, and ha5 not - informed the C i t y of Euless, in any manner; of t h e i r decision. X. CITY MANAGER'S. REPORT EXTENSION OF UTILITIES TO CIVIC CENTER BUILDING City Manager Cowell stated that he is re- questing the Council's consideration of extension of sewer installations at the new Civic Center Buildings, in the amount of $1,529.25• He advised the Council that this figure has been submitted, for these extensions, by Cowart Construction Co. Mr. Cowell stated further that he also requests consideration of $1,377.00 for extension, of electric. services by Texas Power and Light, and approximately $315.00 for extension of telephone services by Southwestern Beli Telephone Company.. Mr. Cowell pointed out that the Re -cap of Building Bond Fund expenditures for .the Civic Center Buildings indicates that $4,000.00 have been set aside for u t i I i t y extensions.. . . Councilmen Douglass inquired if there w i l l be further charges for extensions, when the new Library i s constructed. City Manager Cowel 1 stated that these ex- tensions are for the Library also, and there w i I I be no further charges at the time the Library is constructed. Counc.ilman Fuller made the motion to con- cur with the City Manager's recommendation and authorize expenditures for exten- sions to the Civic Center Buildings, in the amount specified by the City Manager, and that these expenditures are to be paid from Bond Funds. Counci l,man Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Fuller, Warren, Samuels, Byers and Douglass Nays: None Mayor Fuller declared the motion carried. (Copy of proposals from Cowart Con- struction, Texas Power and Light Company, and Re -cap of Building Bond Fund expendi- tures for Civic Center Buildings on f i I e i n Office of City Secretary.) (Page Nine,,M! nut es of Regular Meeting, EuIess,C1ty Council, July 26, 1966.) XI. NEIGHBORHOOD YOUTH, CORPS PROJECT City Manager Cowell informed the Council that the City may enter an Agreement with the County School Superintendent's Office, to participate in the Neighborhood Youth Corps Program, which provides federal funds for employing students from low- income families. Mr. Cowell stated that this program's prime objective is to assist in enabling these students to complete their high school education, and that-the City is to furnish supervision and counseling for these employees,.- He-pointed out that the City will not be out any money on the project and that the City of Euless could qualify for two students during the nine month period and four students during the summer months. Councilman Byers made the motion that the City Manager be authorized to enter into agreement with the County School Superin- tendent's Office for participation in the Neighborhood Youth Program. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Samuels, Fuller and Douglass Nays: Councilman Warren - Mayor Fuller declared the motion carried. (Councilman Byers stated that he is in favor of this program; however, if the participation should become a disadvantage to the students or to the City of Euless, it should be terminated immediately, Members of the Council were in agreement with Councilman Byers' opinion.) �4 XI I. CONSULTING ENGINEERS: PROJECT N0. 6314x WATER AND SEWERAGE INITIAL IMPROVEMENTS City Manager Cowell presented a statement dated July 20, 1966, in the amount of $3,789.07, which is for the design phase -- replacement of water mains prior to street construction. 1,/Ir. Cowell informed the Council that, after consulting with the Engineers, it has been determined that this amount should be disbursed from the•4later and Sewer Capital Improvement Escrow Funds, and that a Council Resolution is necessary to withdraw these funds, which are held in escrow by First State Bank. It was also pointed out that there are several other capital improvement projects under way, at this time, which will re- quire a Resolution at time of payment. It was agreed by members of the Council, that the Resolution should be prepared by the City Secretary and presented at the next Regular Council Meeting, August 9, 1966. XIII. HARWOOD ROAD RIGHT -OF -WAY Councilman Samuels inquired as to the status of the Right -of -way at Harwood Road and North Main Street. City Manager Cowell informed the Council that the City had secured all of the Right -of -way at this intersection, with the exception of one. 112 (Page Ten; Minutes -of Regular Meeting, Euless City Council, July 26, 1966.) Mayor Fuller inquired if the person owning this property had been informed of the Council's action several weeks ago, in which I the Council stated that property owners should be notified that -if Right -of -way Easement documents had not been signed by the property owners within ten (10) days after notification, condemnation proceedings would be started. The City Secretary advised the Council that the property'ownet had been notified. Councilman Douglass made the motion that the City Attorney be authorized to start condemnation proceedings. to secure the necessary Right -of -way at Harwood Road and North Main. Councilman Fuller seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Fuller, Samuels, Warren and Byers Nays: None Mayor Fuller declared the motion carried. x1V: MR, GRADY KING Mr. Grady King appeared before the Council and presented pictures of various items of furniture, etc. which are housed in the carport of the home di rect'ly across from his home on Vine Street, and stated that a Garage Sale is being held at this location. Mayor Fuller inquired of Mr. King if he had notified the City Manager of this matter: ; Mr. King stated that he had infomed the City Manager previously. City Manager Cowell stated that efforts are being made in this matter. (No action required by the Council.) XV . an IN IPKIKAPKIT The meeting adjourned at 9 :35 P.M. APPROVED: ATTEST:""LC„ Mayor WIN