Loading...
HomeMy WebLinkAbout1966-08-09113 Regular Meeting -' of the Euless City Council August 9, 1966 CALL TO ORDER, ,.. The Regular Meeting of the Euless City Council was called to 6rder "by Mayor W. G. Fuller, in the Council Chambers of the Euless City Hall at 7:45 P.M., with the following Councilmen present: Messrs. Frank Douglass, Harold Samuels, Don Warren and B i 11 Byers;' (Councilman Bobby R. Fuller was not present.) Also present were City Manager Lee 'Cowell, City Secretary • a.da .Ferris and City Attorney James Cribbs. INVOCATION The Invocation was given by Councilman B i I I Byers. VISITORS ' - - - - - - -- Visitors in attendance were Mesdms. Effie McCoy, F. 0. Genseke, LaWanda Randall and R. J'. Capps; Messrs. E. L. Graham, A. J. Ahrhardt, C. W. Sorrells, B. J. Leonard, C. E. Bright, Wyatt Bradberry,- R. J. Capps, Jr,., Fred W. Bowers, Walter A. E l l i o t t , Jr., W. J. "Doc" Hyde, Paul Huff - hines, Leonard Weber; and Mr. and Mrs. Dennis Oldham. APPROVAL OF MINUTES July 26, 066, 'were approved as written: The Minutes of the Regular Meeting, dated PUBLIC HEARING, STREET AND DRAINAGE CONTRACT IV Mayor Fuller declared the Public Hearing open for discuss'ion on Assessment procedure for Street and Drainage Contract IV, which includes* improvements proposed for the following streets: Broadway Avenue, .from Sunset .Drive to Hollywood Boulevard, Cannon Drive from Pipeline Road to Hollywood Boulevard, Henslee Drive, from Sunset Drive to Hollywood Boulevard, Hollywood Boulevard from 199 feet West of Vine Street to South Main Street, Sim- mons Drive from Highway 183 to Huffman Road, Sunset Drive from 199 feet West of Vine Street to South Main Street, Vine Street, from Pipeline Road to 220 feet North.of Hollywood Boulevard, and Whitener Road, from 199 feet West of Vine Street to South Main Street. Mayor Fuller called on City Attorney James Cribbs to- explain'the Assessment Procedure to those present. Mr. Cribbs stated that the Euless City Council has agreed to assess property owners at $2.75 per front foot, for street and drainage improvements adjacent t o t h e i r property, and that c r e d i t w i l l be given for existing curb and gutters. The City Attorney explained that this Hear- ing i s for the purpose of -acquaionti.ng the citizens with the assessment procedure, 114 (Page Two, Minutes of Regular Meeting, Euless City Council, August 9, 1966.) and that the City Secretary is required, ,by'law, to record these proceedings. He requested that each person desiring to be heard by the Council give their name and address to Mrs. Ferris, City Secretary. WHITENER ROAD, FROM 199 FEET WEST OF VINE STREET TO SOUTH MAIN STREET: Mrs. Effie McCoy 850 Cannon Drive (corner of Cannon Drive and Whitener Road), inquired if,'the entire amount of the assessment must be paid at one time. The City Attorney explained'that 'the Coun- cil's policy is that a property ow ner may have as long as five years for payment; however, a six per cent (.6 0/.) interest rate-will be charged during this five year period. He further commented that the Council could charge an interest rate of e i g h t percent (80/.), but in faa4rness t o a l l citizens, the Council agreed to, adopt a six per cent (6 0%) interest rate. Mr. Cribbs further stated that the assessment payment is not due until after the completion of the project and acceptance by the City Council. VINE STREET, FROM PIPELINE ROAD TO 220 FEET NORTH CF HOLYYW30D BOULEVARD: Mr. J. W. Golden, 713 Vine Street, stated that he.would ,like to .know the,determining factor for establishing a turn -out from a driveway. • Mr. 'Bill Ratliff, Con5ulti-ng Engineer for the City, stated that the Engineers recommend a radius of five (5) feet, and the City will try to match the elevation of the existing drive; however,,Mr. Ratliff further commented that the City is agreeable to work with the property -owner on establishing the driveway turn -out, but that the City's policy is that a turn -out wi I I not be more than forty (40) feet. He further stated that if a property own- er desires more than a standard driveway, 'the res'ident inspector 'on a 'project should be contacted during the construction. Mr. Golden inquired if the assessment pay- ment is for both street paving and curb and gutter. He was advised affirmatively. Mr, Ratliff commented that the Engineers have determined, that a , f u I I width street w i l l cost $10.26 per foot; Mr. ,Golden inquired if his property lines will be changed in this project. Mr. Ratliff stated there will be no'change on Vine Street. �. RRoan1 FROAA SIINISFT DiII1 IE Tn W01 1 4AILV1n 1301111 RVnRn• No Comments. HENSLEE DRIVE, FROM SUNSET DRIVE TO HOLLYVOOD BOULEVARD_: 'Mr:'James K. 'Owens, 700- ,Henslee,, inquired if the $2.75 per front foot assessment includes curb and gutter, as well as paving. Mr,. Perry Nash inquired if :approaches would be left on vacant lots. Mr. Ratliff stated that if property owners desire approaches be left on vacant lots, the Engineers should be notified of this re= quest prior to construction. Mr. Nash stated that he does not want cuts on vacant lots belonging to,him -. that he is satisfied,with the $2.75 per front foot as- sessment and the six per cent (67o) interest `rate. �. RRoan1 FROAA SIINISFT DiII1 IE Tn W01 1 4AILV1n 1301111 RVnRn• No Comments. HENSLEE DRIVE, FROM SUNSET DRIVE TO HOLLYVOOD BOULEVARD_: 'Mr:'James K. 'Owens, 700- ,Henslee,, inquired if the $2.75 per front foot assessment includes curb and gutter, as well as paving. (Page Three, Minutes of Regular Meeting, Eul'ess .City Council, August 9, 1966.) The City Attorney informed Mr. Owens that the $2.75 includes paving, curb and gutter. Mr. Owens stated that he w i I I need to con- sult the Engineers concerning the driveway at his property. CANNON, FRCM PIPELINE ROAD TO HOLLYWOOD BOULEVARD: Mrs. Robert Capps, (corner of Cannon and Sunset), stated that her property ' is -located at the corner of Cannon Drive and Sun- set, and she i s concerned as to whether she w i I I be assessed for both Cannon and Sunset. (Sunset Drive has street improvements). M r . B i l l Ratliff stated that the portion of Sunset to which Mrs. Capps refers was improved several years ago, and the City Council is of the opinion that the property owners paid for these improvements at the time they purchased t h e i r property; therefore, there w i l l not be an assessment in this particular area. It was pointed out that Mrs. Capps had not received an assessment notice for-property on Sunset, which would assure her that there w i I I not be an assessment for that portion of her property. Mrs. Bobby Leonard inquired as to who is responsible for repair costs and up -keep, after improvements are made. The City Attorney informed Mr. Leonard that the City .assumes responsibility for repairs and up -keep following completion of improvements. SUNSET DRIVE, R;CM 199 FEET WEST CF VINE TO SOUTH MAIN STREET: No Comment. HOLLYWOOD, FROM 199 FEET WEST OF VINE STREET TO SOUTH MAIN STREET: Mr. James Owens inquired as to vacant lots which are located i n the vic'inity of his property. He was' concerned about who w i I I pay for the street improvements where the vacant lots are located. He was inform- ed that the property owner of the vacant lots is responsible for his portion of the improvements. SIMMONS DRIVE, FFZCM HIGHWAY 183 TO HUFFMAN ROAD: No Comment. Mayor Fuller inquired if there were others who wished to comment. Mr. H. P. O'Mary, who owns property on Cannon, -inquired if Cannon will have the same right -of -way. Mr. Ratliff answered aff irmat ively . M r 01-Mary inquired when the assessment w i I I be due. The C i t y Attorney stated that the assess- ment payment w i l l be due thirty (30) days following the completion of the project and acceptance by the Euless City Council. Mr. O'Mary inquired as the height of the curb, relative to property,. M r . B i l l Ratliff stated that, normally, the Engineers' policy is to try and keep the top of the curb at least one to two inches 'below the elevation of the property. Mr. -Bil -1 Perry, of Whitener Road, inquired as to the completion date for the project. Mr. Ratliff stated that, if the 116 (Page Four, Minutes of Regular Meeting, Euless City Council, August 9, 1966.) contract is awarded tonight for these improvements, the contractor wi I I probably start work within the next thirty (30) days, and the project will take approximate- ly eight (8) months. Mr. Perry inquired about the grade on Whitener, specifically about one -half block west of South Main. Fie i,s concerned about drainage in this area. Mr. Ratliff stated that the plans propose a storm sewer for this section. Mr. O'Mary wanted to know if the property Owner has a concrete driveway now, which has to be disturbed, due ,to improvements, will the driveway be replaced with concrete.. Mr. Ratliff stated affirmatively. Mr. Calvin Charles stated that he lives on Aransas Drive, and that water running down Aransas w i I I get six' (6) inches deep in Midway Drive. The City Attorney stated that this street and drainage project w i l l not cure all of the problems, but: that it w i 11 help, in many instances, and that it is the best the City Council can do at this time, under the Capital Improvements Program and the funds available. Mr. Perry Nash stated that he w I I offer one of his lots to be used for storage of materials during the project,. if- the Contractor will deposit $200.00 with the City of Euless until the lot has been cleaned, at the completion of the project. Mrs. Randall, who lives on Vine Street, inquired if a property owner has to pay for the improvements to the, streets if they do not want their portion of the property improved. The City Attorney informed .Mrs. Randall that it would not be feasible to improve a portion of a street and skip a lot or two -- that the City does not wish to work a hardship on any property'owner, but it is required that the property owner pay the assessment regardless of their opinion of the improvements. Mrs. Randall stated that she has a neighbor who is the sole support of her family, as Mrs. Randall is, and that it would work a hardship on them to make these payments.. City Attorney Cr•ibbs stated tha -t at the time the voters approved the improvements, under the Capital Improvements Program, the City became obligated to see that the streets were improved, regardless of the opinion of the property owners. Mr. Bradbury, 715 Vine Street,- stated that on the East side of Vine, the grade has been very high, and'he i s hopeful of a correction in this matter. Bill Ratliff-stated that, in this area, the curb w i I I be about two inches above the property line. Mr. ,Bradbury stated that, in that case, water w i l l get i n the yards i n this area. Mr. Ratliff stated that the drainage pattern is being changed, and the Engineers are planning to raise the driveways, in order to take care of any drainage problems in the area. Mr. Calvin Charles stated that he lives on Aransas Drive, and that water running down Aransas w i I I get six' (6) inches deep in Midway Drive. The City Attorney stated that this street and drainage project w i l l not cure all of the problems, but: that it w i 11 help, in many instances, and that it is the best the City Council can do at this time, under the Capital Improvements Program and the funds available. Mr. Perry Nash stated that he w I I offer one of his lots to be used for storage of materials during the project,. if- the Contractor will deposit $200.00 with the City of Euless until the lot has been cleaned, at the completion of the project. Mrs. Randall, who lives on Vine Street, inquired if a property owner has to pay for the improvements to the, streets if they do not want their portion of the property improved. The City Attorney informed .Mrs. Randall that it would not be feasible to improve a portion of a street and skip a lot or two -- that the City does not wish to work a hardship on any property'owner, but it is required that the property owner pay the assessment regardless of their opinion of the improvements. Mrs. Randall stated that she has a neighbor who is the sole support of her family, as Mrs. Randall is, and that it would work a hardship on them to make these payments.. City Attorney Cr•ibbs stated tha -t at the time the voters approved the improvements, under the Capital Improvements Program, the City became obligated to see that the streets were improved, regardless of the opinion of the property owners. 117 (Page Five. Minutes of Regular Meeting, Euless City Council, August 9, 1966.) Mayor Fuller inquired if there were further questions or comments in this Public Hearing. There being none, Mayor Fuller de- clared the Public Hearing closed and'thanked those who had attended the Public Hearing and expressed their opinions in this Capital Improvement Program. SECOND READING, ORDINANCE N0. 286 RE- ZONING F. 0. GENSEKE PROPERTY Mr. Gene Welch informed the Council that he represents Mr. and Mrs. F. 0. Genseke in the sale of their property located at Huffman Drive and Highway 157, and that the sale of this property is contingent on the re- zoning of this tract from "A" Residential to "C" Commercial. He stated that at this time, he is unable to divulge the proposed purchaser of the property; how- ever, that it is one of the larger developers in the United States, having de- veloped entire communities in various sections of the United States, as well as Hawaii and other foreign places. He stated that primarily, the property w i I I be used for multiple family dwellings; however, there may be a few small commercial tracts on Industrial Boulevard. Councilman Samuels inquired if they were aware that the City has a designation for multiple family dwellings, and that it is not necessary for property to be zoned commercial to accomodate multiple family dwellings. Mr. Welch stated that he is aware of this; however, the planners for the firm he represents have not completed final plans for their development and, therefore, they consider commercial zoning to be more feas- ible, at this time. Councilman Douglass asked ,Mr. Welch when t h i s work w i l l begin. Mr. Welch stated he-could only hazard a guess, at this time, approximately fourteen (14) to sixteen (16) months, and that Mrs. Genseke had been granted permission to remain in her home for a period of two (2) years, if- she so desires. , Councilman Samuels referred to the letter from Mr. Robert Caldwell, the City's Land Planner, in which Mr. Caldwell states that this property seems to be a prime location for commercial land use, and that the A =3 Apartment Zonigg buffering the commercial tract on the South is in good zoning taste. His letter further stated that, in their opinion, the 29 plus acre tract did afford a site adaptable to a shopping center development and commercial zoning would be appropriate. City Manager Cowell read Minutes of the Planning and Zoning Commission, dated June 21, 1966, in which the Planning and Zoning Commission) recommends approval of the re- zoning of this tract, subject to Land Pl-antner's approval. After discussion, Councilman Byers made the motion to concur with the recommendation of the Planning and Zoning CommissionL9 and Planning Consultant, Mr. Caldwell, and re -zone the Genseke property from "A" Residential. to "C" Commercial. Councilman Samuels seconded the motion. (Pa,ge.Six, Minutes o'f Regular Meeting, Euless City Council, August 9 1966_) Further discussion followed, and Council- man Douglass stated that, in his opinion, a time limit should be incorporated in the Ordinance for the re- zoning of this property, stipulating -that construction must begin within a given time' (period of time to be established by'Ci-ty Council). Councilman Douglass stated that he recommends this procedure, in order that a t r a c t o f commercial land w i l l not remain vacant for years, as has been in some instances in the past. Councilman Byers' stated that i n •some cases he would agree that a time l i m i t would be important; however, in this case, that the property is definitely commercial and he does not believe that a developer would invest a large sum of money in a tract, such a!j the Genseke property, and fail to develop same. Mayor Fuller inquired if there were other questions. There being none, the Councilmen voted to re -zone the property from "A" Residential to "C" Commercial, as follows: . . Ayes: Councilmen Samuels and Byers Nays: Councilman Douglass (Councilman Warren was not present when the vote was taken.) Mayor Fuller declared the motion failed. Councilman Douglass made the motion to concur with the Planning and Zoning Commission and Planning Consultant, to re -zone the Genseke property from "A" Residential to "C" Commercial and that a five (5) year limitation for beginning of construction, be incorporated in this Ordinance. Councilman Samuels seconded the motion, and the vote is as fol l,oWs: Ayes: Councilmen Samuels, Byers and Douglass .Mays: None Mayor Fuller declared the motion carried. (Copy Office of City Secretary.) (Copy of letter from concerning the re- zoning case on f i I e as Council retary.) (Mr. Welch agreed to furnish letter to Genseke property.) ORDINANCE N0. 287, RE- ZONING DAVID MOAK AND WALTER ELLIOTT PROPERTY of Ordinance No.. 286 on .f i le i n Robett Caldwell and Associates, Exhibit -in Office of City Sec- City conce rn i ng � deice 1 opment of The Second. Reading of Ordinance No. 287 re- zoning 3.544 acres from "A" Residential to "C" Commercial and 2,595 acres from "A" Residential to "A -2" Duplex was presented and a reference was made to letter from Planning Consultant Robert Caldwell and Associates, concerning the re- zoning -of these properties. Mr. Caldwell's letter indicated that the tract belonging to Mr. Jernigan (an adjacent property owner) should also be re- zoned' commercial . Mr. Walter Elliott, one of the property owners in this re- zoning'case, was present and stated that he i s of the opinion, that Mr. Jernigan does not wish to re -zone h.is` property commercially, at this time, due to the tax increase that would be placed on his property. (COUNCILMAN WARREN ARRIVED AT 8:40 P.M.) iii (Page Seven, Minutes-of Regular Meeting, Euless City Council,. August 9, 1966.) Councilman Douglass commented that Mr'. Caldwell's letter was very confusing, in his estimation., however, if the Council considers re- zoning t h i s property, he would recommend that a time l i m i t be placed on the commercial portion of the tract. Councilman Douglass 4nqui red of Mr. Elliott, if plans for this property were such that a time limitation would create a problem. Mr. Elliott stated that definite plans for the property had not been made, pending the Highway Department's. construction of the new highway in the area. After further discussion, Councilman Douglass made the motion to concur with the r'ecoMmendation of the Planning and Zon- ing Commission and re -zone the two tracts of land; however, the Ordinance must stipulate that,. if construction has not been begun within fi.ve (5) years, on the portion designated as commercial, the property will revert to its original zoning status, which is Residential. Councilman Byers seconded the motion, and the vote is as follows: - Ayes: Councilmen Douglass, Byers, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. (Copy of Ordinance and Planning Con- sultant's letter on file in Office of City Secretary.) IV. RESOLUTION NO, 144 AUTHORIZING DISBURSEMENT CF WATER AND SEWER SYSTEM CAPITAL IMPROVEMENT 'ESCROW FUNDS City Manager Cowell presented Resolution No. 144 authorizing the disbursement of $24,238.39 from the Water and Sewer Capi- tal Improvement Escrow Fund, for expenditures attributable to capital improvements. The City Manager explained that the Operation and Maintenance Fund had disbursed this amount for the following improvements: Trinity Well No. 1 -B $16,797.65 Pa 1 uxy Well No. 1 -E 2,223.49 Euless Medical and Dental Arts-Clinic (City's Participation. 5,217.25 (Resolution No. 144 has an attachment entitled EXHIBIT A, designating these charges and is signed and approved by'the City's Consulting Engineers, Gregory, Knowlton and Ratliff.) The City Manager explained that this pro- cedure is necessary, in order to comply with Resolution ,No. 105, which pertains to the City's Water and Sewer Revenue Bonds. Councilman Samuels made the motion to ap- prove Resolution No. 144, authorizing the disbursement of the Water and Sewer Capital Improvement Esrrgw Funds, in the amount of $24,238.39, Councilman Doug- lass seconded the motion, and the vote is as follows: Ayes: • Councilmen Samuels, Douglass and Byers Nays: None Abstained: Councilman Warren (Pape Eight; Minutes of Regular Meeting, Euless City Council, August 9, 1966_) (Councilman Warren abstained because of a personal interest in the Euless Medical and Dental Arts Clinic.) Mayor Fuller declared the motion carried. (Copy of Resolution No, 144_o- n,file in Of f ice of City Secretary. V. i RESOLUTION NO. 145; AUTHORIZING EXPENDITURE CF CAPITAL IMPROVEMENT ESCROW FUNDS City Manager Cowell presented Resolution No. 145, authorizing the disbursement of $69,53$.89, to be paid from the..Water and Sewer System Capital Improvement Escrow Fund, for projects and other charges ap- plicable to Capital Improvements in the Water and Sewer System. The City _Manager expla ined th,e projects, which are 1 isted as follows: Gregory, Knowlton and Ratliff, Ben Sira Construction Co. (Replacement of Water Mains prior to street construction (Minutes - July 12, 1.966.; Item VI:I;) Crowley construction Co. - (Water crossing at Sulphur Branch and Pipeline Road)(Minutes- July 12, 1966, Item VI) Shull Construction Co. (Outfall sewer line, Timber Iine)(Minutes -June 16, 1966 Item V11) Re- locating Sewer Crossing- Simmons and Ector- City's Participation (State Highway pays a proximately 95 %) (Minutes May 24, 1966 Item V! l� Shull Construction Co. (Timberline Estates Water and Sewer Extension) (Minutes May 24, 1966,, Item X City's Participation TOTAL. $ 3,789-07 5 4, 1 -50• 3,332-50 ?,785,00 450.00 5,052 .82 $:69,538.89 After discussion, Councilman Samuels made the motion to approve Resolution No. 145, authorizing disbursement of Water and Sewer Capital Improvement Escrow Funds for projects listed in Exhibit "A" attached to Resolution, in total amount of $69,538.89. ....Councilman :Warren seconded the mo- tion, and the vote is as follows: Ayes: Councilmen Samuels, Warren,Byers and Douglass Nays: None Mayor F u l l e r declared the motion c a r r i e d . (Copy o f Resolution No. 145 on f i l e in Office of City Secretary.) VI. ENGINEER'S REPORT STREET AND DRAINAGE CONTRACT IV Mr. Bill Ratliff, Consulting Engineer, re= viewed the bids for Street and Drainage Contract IV. The ,Engineers recommend the i 121. (Page Nihe; Minutes of Regular Meeting, Euless Cit'y',ICounei`1; August 9-,` 1966.) contract be' awarded to Texas Bitulithic- Company, in the amount of $250,226.80, which is the low bid. Councilman Douglass made the motion to concur with the Engineer's recommendation and award Street and Drainage Contract IV to Texas B i t u l i t h i c Company, in the amount of $250,226.80. Councilman Byers seconded the motion, and the vote is'as follows: Ayes: Councilmen Douglass, 'Byers, Warren 'and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of, Bid Tabulation on f i I e i n Office of City Secretary.) KrIl. R'atl i'ff stated that Texas' Bitulithic Company had been very fair during the progress of Street Contract 1-1 I , expecially at the intersection of North Main and Harwood Road, where work had been disrupted, due to the lack of Right -of -way acquisition, and that he recommends that the Coun- cil finalize Street and Drainage Contract III and add the construction for the intersection of North Main and Harwood to Str'eet Contract IV. Mr. Ratliff stated tha't he would request the Contractor to begin the'project at this intersection. There was no Council action necessary in this matter, as the Council Members were in agreement with the Engineer's recom- mendation. DRAINAGE CHANNEL - MORRIS DALE ESTATES Mr. Bill Ratliff discussed a letter ad- dress'e'd to the Mayor and City Council, dated August-8, 1966, concerning the drain- age channel in Morrisdale Estates. He stated that the Engineers estimate the total cost, including Engineers' fees, of $77,000.00 to construct a concrete channel liner and an additional $66,000.00 would be necessary for the South por- tion of the drainage channel, through Mr. Paul Huffhines' property, making a total cost for improvements of $143,000.00. Mr. Ratliff stated that Mr. Huffhines' participation would.be. $11,200.00 and $9,600.00 respectively. It was pointed out that the City's Capital Improvements Program is unable to finance its share of these improvements at this time; however, that the City, possibly, would be able to finance the f rst section within the next two to three years. Mr. Ratliff stated thaf they would suggest an alternative whereby Mr. Huffhines furnish the fol low'ing work o'n the subject ehan -- nel : 1. Construct channel liner of the attached section design for a distance of 100 feet either side of the bridge now being constructed. 2. Clear ' a - nd ,grade the entire channel-from Pipeline Road to Bluebonnet Rd. (City to proide easement through property n'ow owned by Huffhines). This item to include straightening the channel at the South end. 3. Apply emulsified asphalt mulch seeding to the channel bottom and banks equal to applicable Texas Highway Department Specifications for entire length from Pipe'line to -Bluebonnet: The City of Euless to assume all future responsibility for the channel, through Mr. Huffhines' property, and not require further participation in this area, in return for the above improvements. 122 (Page Ten, Minutes of Regular Meeting, Euless City Council, August 9, 1966.) Mr. Ratliff stated that .t, ese are not recommendations -- they are suggestions. Mr. Paul Huffhines, one of the'owriers of the property i.n question, inquired as to..when the South end of the channel would be opened.. Mayor Fuller explained'that,a portion of this property is in the City of Hurst and that efforts are being made to negotiate with the property owner, through the City of Hurst, in order to secure the land necessary for these ;improvements. Mr. Huffhines stated that he has reviewed the Engineer's letter and that he is in disagreement with the EngjWeans,;, that i -t would be wasting money to mulch seed the channel bottom. 'Mr. Huffhines stated that, if the City w i I I secure the Right -of -way needed, he w i I I clear and grade the channel, and that he does not favor expending the C.ityls money fpr channel im- provements un,t•i 1 the channel can ,be constructed property. A discussion followed, in which Ae. Huff - hines stated that, i n •his opinion, the Engineers are suggesting improvements, to the .wrong end of the channel ; that i t Js the southern portion'where Ahe drainage problem is acute, at this time. Mr. Huffhines commented that, if the City of Euless would secure permission from the .City of Hurst, he would move his equipment into the channel and clear the creek bed in the section causing the flooding at- various times to the homes on Pebble Creek Drive. In'answer to a, question, City Attorney Cribbs stated that a letter of credit may' have aH' iiidefi'nite length of time; however, Mr. Huffhines - stated that he is desirous of a definite time limit in this matter -- that he does not wish to submit. a letter,of.,credit and-ten or fifteen years l a t e r , the work,�has s t i l l not been done.: Mr. Bill Ratliff-stated that he.would recommend that Mr. Huffhines submit a letter of credit to the City-for four- (4) yearsi Mr. Huffhines stated that he is not in- terested; in one -half of the channel being improved, that he desires that improved ments be completed through the entire channel. Mr. Ratliff ,stated that the southern.end of the channel cannot be improved unless the' Council wishes to plat this area. Several property owners in Morrisdale Estates Addition were present, and the following comments resulted: Mr. Fred Bowers, 1409 Pebble, Creek, stated that a I I the homes on Pebble Creek are affected by flash floods -- that•a two inch rain w i I I flood the homes. He stated that the streets opening i n Morrisdale Increment No. 1 carry the water into the drainage channel, and if the. East side of the Pebble Creek i s opened, (Mr. Huffhines plans .to develop the. East -{side of the creek) the streets will allow the water to flow into the 'creek'bed from both sides of the Morrisdale Subdivision, and the flooding situation w i I I be worsened. a► (Page Eleven, Minutes'of Regular Meeting, - Euless C i ty� Counci l , August 9_ 1.966_) Mayor Fuller informed the property owners that he is cognizant of the fact that there is a drainage problem in this area and something must be done. Mr. Dennis Oldham, 1501 Pebble Creek, stat- ed that it is not the creek but the drainage channel near his house that causes the flooding on his property. He commented that this drain6§6".channe_ l is stopped - up and in a matter of moments after a small rain, water will be in his yard. Mayor Fuller stated that this is a City Maintenance problem and could be handled by the City Manager's Office. City Mana- ger Cowell was'' instructed to check into the drainage problem, in this area. Mr. Huffhines stated that.he desires'to be fair and reasonable in the construction of this drainage channel, and that he is wiilling'to�' place a time I i m it of eight (8) years, rather than the four (4) pre- viously mentioned for the improvements to the entire channel, and that he wants the south end of the channel constructed first. After considerable discussion, Mayor Fuller stated that he recommends that the City Attorney, Consulting Engineers and City Manager meet with Mr. Huffhines to work out arrangements for these improvements to the channel. M r . B i l l Ratliff stated that, if the Coun- cilmen agree to the eight (8) year limitation, he recommends final plat approval of Morrisdale Estates Increment No. 2. Councilman Byers made the motion to ap- prove Mor'risdale'Estates, Increment No. 2, based on the Engineer's recommendation, and that a letter of credit, with a time I i m it of eight (8). years, for the im- provements of the entire drainage channel,. be accepted. Councilman Samuels second- ed the motion, and the vote is as follows: Ayes: Councilmen Byers, Samuels,' Douglass and Warren Nays: None Mayor Fuller declared the motion carried. (Mayor and City Secretary authorized to sign Final Plat.) CITYADEVELOPER AGREEMENT - C. W; CARLSON (PROPOSED SERVICE STATION SITE NEAR RAIDER 'DRIVEAND HIGHWAY 183) City Manager Cowell stated that a City - Developer Agreement had been forwarded -to the Engineers' Office, requesting their opinion and recommendation. Mr. B i 11 R at I i ff stated that this agreement had not reached his desk, and he was unaware of its existance until presented at the Coun- cil Meeting tonight; however, after a review of the agreement, Mr. Ratliff stated that it is acceptable, and he recommends approval of the City - Developer Agreement, as presented: =,. Councilman Warren made the motion to con- cur with the Engineer's recommendation and approve the City - Developer Agreement, as presented. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Warren,' Douglass, Samuels and Byers Nays: None (Page Twelve, Minutes of Regular Meeting, Euless City Council, August 9, 1966.) Mayor Fuller declared the-motion carried. (Copy of City - Developer Agreement on file in Office of City secretary.) I. (COUNCILMAN WARREN LEFT THE MEETING AT THIS TIME: 9:45 P.M.) VII. ROBERT CALDVVELL CONTRACT UP- DATING MASTER PLAN AND CONSULTING SERVICES Ayes: Councilmen -Samuel s, Byers and Douglass Nays: None Mayor Fuller declared the motion carried. (Copy of Contract on file in Office of C it y Secretary.) VIII. ROBERT CALD\AELL AND ASSOCIATES STATEMENT FOR CITY PLANNING CONSULTING SERVICES City Manager Cowell presented a- statement in the amount of $216.45, submitted by Robert Caldwell and Associates; for City planning consulting services for the months of June and July, 1966. Councilman S amue 1 s made the motion to ap- prove the statement as presented. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Byers and Douglass Nays: None Mayor Fuller declared the motion carried C ity secretary.) IX. ARCHITECT'S REPORT BASKETBALL GOALS AT COMMUNITY BUILDING (Copy of statement on f i l e in Office of City Manager Cowel'I informed' the, Council that the architects have been unable to secure the figures for the basketball goals for the community building, for presentation at this time. Councilman Douglas's stated that,, at a previous meeting, it had been discussed that permanent basketball goals would be i n the way. He inquired as to how they would be in the way. City Attorney James Cribbs presented a copy of a cpntract to exist between the City of Euless and Robert Caldwell and Associates, for Consulting Services and up- dating.of the Master plan., He-$tated that this contract is acceptable to Mr. Robert Caldwell and recommends the Coun- c i 1's approval. , Councilman Samuels made the motion to ap- prove the contract as-presented by the City Attorney., Councilman Qyprs.rseconded the motion, and the vote is as follows: I . .. Ayes: Councilmen -Samuel s, Byers and Douglass Nays: None Mayor Fuller declared the motion carried. (Copy of Contract on file in Office of C it y Secretary.) VIII. ROBERT CALD\AELL AND ASSOCIATES STATEMENT FOR CITY PLANNING CONSULTING SERVICES City Manager Cowell presented a- statement in the amount of $216.45, submitted by Robert Caldwell and Associates; for City planning consulting services for the months of June and July, 1966. Councilman S amue 1 s made the motion to ap- prove the statement as presented. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Byers and Douglass Nays: None Mayor Fuller declared the motion carried C ity secretary.) IX. ARCHITECT'S REPORT BASKETBALL GOALS AT COMMUNITY BUILDING (Copy of statement on f i l e in Office of City Manager Cowel'I informed' the, Council that the architects have been unable to secure the figures for the basketball goals for the community building, for presentation at this time. Councilman Douglas's stated that,, at a previous meeting, it had been discussed that permanent basketball goals would be i n the way. He inquired as to how they would be in the way. 125 (Page Thirteen; Minutes of Regular Meeting, Euless' City Council, August 9, 1966.) Mr. W. J. "Doc" Hyde, 'Chairman of the Recreation Committee stated that he had visited several cities, 'and that the City of Richardson's Recreation Director stated that, if you do not have retractable basketball'goals, you would certainly wish that you had. The City of Irving has retractable goals and rarely' use them. Mayor - Fuller stated that, in his opinion, we should await the Architect's recommendation on the basketball goals. This item was tabled for later meeting. (COUNCILMAN WARREN RETURNED TO THE MEETING AT THIS TIME;) X. RESOLUTION NO. 146, SETTING PUBLIC HEARING DATE RE- ZONING JACK APWISCH PROPERTY The City Secretary presented Resolution No. 146, setting the date of September 13, 1966 as the Publ is Hear-i.ng Date for re- zoning, from "A" Residential to "C" Commercial, the West part of Tract A, Block One, Oakcrest Estates, as requested by Mr. Jack Apwisch., 4 Councilman Samuels made the motion to ap- prove Resolution No. 146, as presented. .'Councilman Warren seconded the motion, and the vote! is as follows: Ayes: • Councilmen Samuels, Warren, Byers and Douglass Nays: None Ma or F u l l e r declared the motion carried. (Copy o f Resolution No. 146 on f i l e in Of Me of City Secretary.)' , - XI . CONSIDER APPOINTMENTS TO PLANNING AND ZONING COMMISSION AND NORTHEAST CITIES ADVISORY COUNCIL Mayor Fuller informed the Council that Mr. Lavern Lee has requested that his resignation be accepted, as a Member of fabe Planning and Zoning Commission and the Northeast Cities Advisory Council. Councilman Samuels commented that, in his opinion, the appointee to the Northeast Cities Advisory Council should be someone who is presently on the Planning and Zoning Commission. Mayor Fuller asked for suggestions for these appointments. Councilman Byers suggested Mr. W. J. "Doc" Hyde; however, Mr. Hyde stated that he is involved in various city projects and therefore, would decl -ine this appointmen't. I Mayor Fuller requested that Members of the Council submit names for consideration as an appointee to the Planning and Zoning Commission, to the City Secretary's Office by Friday, August 12, 1966, and the 126 (Page Fourteen, Minutes of Regular Meet i_n_g_, Euless City Council , August. 9., 1966.) Planning and Zoning Commission would select one of its members to serve with the Northeast Cities Advisory - Council. However, after discussion, Councilman Douglass made the motion that Mr. Don Hastings, presently a Member of the Planning and Zoning Commission, be appointed to serve on the Northeast Cities Advisory Council, subject to his acceptance.. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Byers and Samuels Nays: None (Councilman Warren out of the room at the time of the vote.) (Councilman Douglass stated that he would contact Mr. Hastings, a member of the Planning and Zoning Commission, to determine if he would accept an appointment to the Northeast Cities Advisory Counci-1,) XII. y PROPOSED BEDFORD STREET CUT ORDINANCE City Attorney- Cri•bbs- discussed the propos- ed ordinance which had been received in the. City-Offices from the Town of Bedford, pertaining to street repairs by utility companies in the Town of Bedford. 'It was agreed that a copy of this ordi- nance should be furnished the Consulting Engineers, and that when the City of Euless has need to make a cut i n the streets of the Town of Bedford, that the streets be restored -, as they were prior to the work being done. Mr. Cribbs stated that, fu'rthermore, he i s of the opinion„ that there is no Court of Law which could force the City to do more than restore the street to its existing condition; XIII. DISCUSSION: ORDINANCE NO." 268 MR. STEVENS, (DENTON DRIVE Mr. Stevens, who resides on Denton Drive i n the City of Euless, stated that he, has a copy of Qrdinance, No. 268,, which per- tains to inoperative and abandoned automobiles, and he requests- that Section I I be amended pertaining to automobiles in state of repair. He commented that, in his opinion, parts of the Ordinance are acceptable, however, that a person should be permitted to work on a car in- his own yard. (It was pointed out that, this Ordi- nance has a ninety -six hour clause). Mr. Stevens stated that he had been work - dng on his own car, in his own driveway, and was sent a notice by the-Police Depart- ment and a copy of the Ordinance. Mr. Cribbs, City Attorney, stated that, possibly, a complaint was filed with the Pol.ice,:Department. Mr. Stevens stated that he inquired of the Chief of Police if soneone had complained, and was given a negative answer. Mr. Stevens stated that he "pulled" the engine from the car on- Monday evening,- and received the notice on Wednesday that he must move the car within twenty -four hours. Mr. Stevens stated that he has a right to work on his car in his driveway 127 (Pa.ge Fifteen, M i nute9 :'of Regular Meet -i r}g,- Eules -s_ City Counci 1.i August 9, 1966.) and he thinks the Ordinance is unfair; that he is buying the property and house and feels that he can do as he pleases. He- stated that he would not complain if his neighbors put 'in a junk yard, or whatever -- that he would consider this was the it bus iness . Counei lman Samuels- stated that he knows of two families who are trying to sell their homes because of car repair being operat- ed on a moon -light basis. M.r. Stevens stated that, again, he i s re- questing that the Ordinance be amended, and if necessary, he w i I I secure a peti- tion calling for an amendment. . City Attorney Cribbs stated that this Ordinance was published according to law and anyone could come in and protest it. Mr. Stevens stated that he had removed the license plates for fear they would be stolen. Mr. Walter Hopson, 813 Denton, stated that Mr. Stevens home is not a junk yard, that it is very near; that Mr. Stevens works on his. own oar and others. Mr. Hopson inquired as to who they should talk with, if they receive a citation from the Police Department. Mayok Fuller commented that you should see the City Manager. City Attorney Cribbs commented that if you receive a ticket, you can go to the Corporation Court. Councilman Douglass stated that first, you should go to the Chief of Police. Mr. Stevens stated that he went 40 the. Police Chief, Mr. Sustaire, and was told to take the matter to the City Council. Mr. E. S. Taylor, 810 Denton, another neighbor, stated that he had been working on a car in his garage and had pulled it out onto the driveway and that, within just a few hours, he received notice to move the car. After considerable discussion and explana- tion of the Ordinance, Mayor Fuller commented that this is a matter that can be handled by the City Manager. XIV. REQUEST BY TEXAS MOTOR COACHES BUS LINE OPERATION City Manager Cowell stated that he had been contacted by Texas Motor Coaches representative, requesting permission to operate a bus service in Euless; however, the bus service would be limited at this time. After discussion, City Attorney Cribbs ad- vised the Council that a request should be submitted, in writing, to be taken under advisement. City Manager Cowell was instructed to in- form the representatives of Texas Motor Coaches, to submit their request in writ- ing for the Council's consideration. Iffiffi NATIONAL INSTITUTE CF MUNICIPAL LAW OFFI CERS Mayor Fuller informed the Council that membership for the City of Euless in the National Institute of Law Officers is beneficial in several ways, and that he desires the Council's opinion. In answer to a question, City Attorney James Cribbs stated that this is a very worthwhile 128 (page Sixteen., Minutes of Regular. Meet_i ng,: Eu 1 ess .0 i ty Counc i.1_, . Augyst 9, . 1966.) organization and, if the Council is desirous. of the City of Euless becom -ing,a mann- ber, we might join for one year,. i n, an effort to determine if this i,s worthwhile. Councilman Douglass made the motion that the City of Euless pay the annual membership fee of $67.50, based on population, and secure membership in the National Institute of Municipal Law Officers. Coun- cilman Samuels seconded the motion; and the, vote is as•• follows: , Ayes: Councilmen Douglass, Samuels and Byers Nays: None . . I • Mayor Fu.l ler- declared' the motion carried. XVI. I_111110111 .111hiTi1:1111 The meeting adjourned at 10: 35 P.M. APPROVED: 13