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HomeMy WebLinkAbout1966-10-11_ Regular Meeting of the Euless City Council October 11, 1966 CALL' TO ORDER 179 Mayor W. G. Fuller called the Council to order at 7;45 P.M. in the Council Chambers of the new City Hall, 201 Ector, with the following present: Councilmen Bill Byers, Frank Douglass and Harold Samuels. (Absent: Councilmen Bobby Fuller and Don Warren) Also present were City Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. 1 nnlnrOT MINI The invocation was given by Councilman Harold Samuels. V I S'1 TORS Visitors in attendance were Messrs. Wayne B. O'Daniel, James G. Crittenden, 0. W. Miller, Bill Ratliff, Hugh M. Waite, Leon J. Levitt, J. 0. Johnson; Mesdms. Betty Potthoff, Martha Hand, Jack W. Browne and Ruby Harris; Mr. and Mrs. Don L. Armstrong. /_1 'r % G Z e ly%l t i =► G I I g Lei 117. The Minutes of the Regular Council Meeting dated September 13, 1966, were approved as written. PUBLIC HEARING ZONING CASE NO, 154 J. 0. aOHNSON PROPERTY Mayor Fuller opened the public hearing on the J. 0. Johnson Zoning Case "No: 154: - Mr. Johnson has requested re- zoning on Tract 6C, located at 954 North Main Street, from "A" Residential to "C" Commercial . Mr. Johnson was present and informed the Council that he resides on the tract in question and conducts his business from a structure located at the rear of the tract of ground. Mr. Johnson stated that he desires to construct a larger building, toaccommodate'his business, which is the construction of sheet metal detail. He stated that the building will be approximately 100 by 200 feet in size and will be made of sheet metal and that it may have an addition later, which wi I I be of an attractive nature. -Mr. Johnson stated that his neighbor, Mr. W. W. Cromer, has no objections to the rezoning of this property and so stated in the Public Hearing of the Planning and Zoning Commission on September 6, 1966. (Planning and Zoning Commission Minutes September 6, 1966, reflects that the Plan- ning and Zoning Commission denied the rezoning request.) City Manager Cowell read a letter from the Planning Consultant, Robert Caldwell and Associates, in which Mr. Caldwell recom- mends that this property node be rezoned. i Mr. Johnson stated that this rezoning is very important to him, as hislivelihood is derived from his business located on 180 (Page Two, Regular Meeting, Euless City Council, October 11, 1966.) this property, and he is desirous of expanding his business. Councilman Byers stated that, in his opin- ion, Mr. Caldwell should have an over -all picture of the entire area rather than one tract of ground; and that, possibly, Mr. Caldwell would consider_ that all the - property should be rezoned, i.f he was aware of the property to the north, south and east of the tract in-question. City Manager Cowell informed the Council that Mr. Caldwell is to meet with the City Council and Planning and Zoning Commis- sion on October 19, 1966, and, perhaps,. this matter could be tabled until after this meet ing. Councilman 'Byers made the motion that no action be taken until after this matter has been discussed further with Mr,, Cald- 'well, and that Mr. Johnson should -be notified as soon as possible, of the results of the meeting with Mr. Caldwell. Councilman Samuels seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried and the Publ is Hearing.,cTo.§.edc- Councilman Douglass commented that he would not be present at the October 19th meeting with Mr. Caldwell, and that he would like for the Minutes to reflect his thinking in this matter, which is, that he does not see this property zoned as "Commercial" -- that it is too close to res- idential areas, and that he might be in favor mf its being zoned "local business ". City Attorney Cribbs explained to Mr. Uohnson that this i s not directed to him personally, and that the Councilmen are making every effort to see that Euless is properly zoned and that orderly zoning is maintained. ,SECOND READING - ORDINANCE NO. 290, AMENDING WATER AND SEWER SYSTEM POLICIES AND PROCEDURES City Manager Cowell presented the Seoond Reading of Ordinance No. 290; amending the Water and Sewer System Policies and Procedures. .Councilman Douglass made the motion to approve the Second Reading of Ordinance No. 290, as presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller asked Mr. Johnson if he would be in favor of asking Mr. Cromer and other property owners in the area to rezone their property. I Mr. Johnson stated that several in the area are not opposed to the rezoning, and that he would not object to their being asked to rezone. Mayor Fuller commented that, in his opin- ion, the rezoning would be more favorable, if the entire area Were zoned commercial. City Manager Cowell informed the Council that Mr. Caldwell is to meet with the City Council and Planning and Zoning Commis- sion on October 19, 1966, and, perhaps,. this matter could be tabled until after this meet ing. Councilman 'Byers made the motion that no action be taken until after this matter has been discussed further with Mr,, Cald- 'well, and that Mr. Johnson should -be notified as soon as possible, of the results of the meeting with Mr. Caldwell. Councilman Samuels seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried and the Publ is Hearing.,cTo.§.edc- Councilman Douglass commented that he would not be present at the October 19th meeting with Mr. Caldwell, and that he would like for the Minutes to reflect his thinking in this matter, which is, that he does not see this property zoned as "Commercial" -- that it is too close to res- idential areas, and that he might be in favor mf its being zoned "local business ". City Attorney Cribbs explained to Mr. Uohnson that this i s not directed to him personally, and that the Councilmen are making every effort to see that Euless is properly zoned and that orderly zoning is maintained. ,SECOND READING - ORDINANCE NO. 290, AMENDING WATER AND SEWER SYSTEM POLICIES AND PROCEDURES City Manager Cowell presented the Seoond Reading of Ordinance No. 290; amending the Water and Sewer System Policies and Procedures. .Councilman Douglass made the motion to approve the Second Reading of Ordinance No. 290, as presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None 181 (Page Three, Minutes of Regula -r Meeting, Euless City Council, October, 11, 1966.) Mayor Fuller. declared the moti -on carried.,' (Official Copy of Ordinance No. 290 on f i l e in Office of City Secretary.) III. LIBRARY BOARD REQUEST FCR TITLE ONE APPLICAT10N Mrs. Jack Browne informed the Council that the Library Board has granted authorization to her, as Library Board Chairman, to request the Council's consideration of applying for a' Library Grant under Title One, Extension of Services (Public Law 89 -511). Mrs. Boowne stated that this Title deals with improvements of services to public libraries; that basically, the purpose is encouraging local support and extension and improvement of public .library service. These funds are to supplement local support, to accelerate progress toward accept- able standards of public library service.' She stated that if approval is granted, the Ci jay of Euless is eligible for from $1,000.00 to $5,000.00. Conncilman Samuels inquired why the varia- tion in amounts. Mrs. Browne explained' that the amounts are based on taxes, - pooplation, etc Councilman Douglass inquired if Mrs. Browne is in favor of this grant appl icat.ion. She stated affirmatively, and that she is ashamed of the reference materials in the Euless Public Library, which is practi- cally non - existent at this time. After discussion, Councilman Douglass made the motion that the City of Euless approve application for the Title One, Extension of Services Grant, as outlined by Mrs. Browne. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels, and-Byers Nays: None Mayor Fuller declared the motion carried and thanked Mrs. Browne for her efforts in the City's Library Program. IV. FINAL PLAT, WESTWOOD VILLAGE N0, 3 City Manager Cowell 1 read Planning !and Zon- ing Minutes' dated Odtober 4, 1966, Item I I I , i n which the Planning and Zoning Com- mission recommends ap'proval of Final Plat of Westwood Village No. 3, isufbject to Engineer's recommendations as follows: 1. Revision of the inlet design to the flush type rather thad the 'Dal 1 as recessed- type . 2. The Developers should be made aware that even though the City agreed, during the preliminary aeview of the addition, to construct Town Creek Drive from t h i s f i l i n g to North Main, there are no Capital Improvement Funds immediately 'available for this purpose and the actual construction may be as much as twelve (12) months away. 182 (Page Four, Minutes of Regular Meeting, Euless City Council, October 11, 1966.) 3. That the Developer should obtain permission from the adjoining property Owners to grade the natural ground at the North.,end of , Salem Drive in a manner which will-allow this street to drain. Mr. Bill Ratliff was present and stated that the Engineers do not hesitate to recommend the final approval of- this.plat. Members of the Council viewed the plat, as presented by Messrs. Hugh-Vaite and Leon Levitt, Developers of Westwood Village. ,After further discussion, Councilman Byers made the motion to concur with the Engineer's recommendation and the recommendation of the Planning and Zoning Commission and approve Final Plat of Westwood Vfllage No. 3. Councilman, Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. V. AUTHOR I Z I NG RESOLUTION TO CHANGE STREET NAME Members of the Counci 1 discussed the stree't names in Westwood Village and agreed that Cannon Street should be Town Creek Drive in its entirety, in this Subdivision. Councilman Douglass made the motion -that City Attorney Cribbs prepare a Reso,jution for re- 'naming the portion of Cannon Street to Town Creek Drive, as discussed. Councilman Samuels seconded the motion, and the vote i s as fol'lows: Ayes: Councilmen Douglass, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. VI COMMERCIAL PERMIT NO : 44: MEN'S CLOTHING STORE, WILSHIRE VILLAGE. City Manager Cowell read Planning.and Zon- ing Minutes, October 4, 1966, in which approval was granted for a Con"Jercia.l Permit, requested by Mr. Herman Smith, for operating a Men's Clothing Store in Wilshire Village.. Members of the Council reviewed the plans of the proposed structure and.were informed by the City Manager that the water .and sewer tap fees have not been paid. Councilman Douglass inquired about a fence at the rear of the building. Mr. Ratliff stated that the Engineers have not been requested to submit a drainage report on this area.. Members of the Council 'agreed that this matter should be tabled to- permit the following:. 1. That the Engineers might have'an opportunity to study the drainage. 2. That Mr. Herman Smith milPub be informed of the Council's concern I's 3 (Page Five, Minutes of Regular Meeting, Euless City Council, October 11, 1966.) of a fence and tap fees. Councilman Byers requested that Mr. Smith be informed of the Council's action, as soon as possible. VII. lil�[�1�i1►I�>�3C Chief of Police Sustaire stated that he recommends that the City approve the 'bid as submitted by Worthey Forest Park Ply- mouth, Inc., in the amount of $4,404.70. Chief Sustaire stated that some of the bids do not meet- s pe,c i f i cations . Councilman Samuels inquired,of the Chief about trading before maintenance cost becomes. so great. Chief Sustaire stated that, during this past year, he has spent ap.proxi•mate•ly $1,100.00 on maintenance cost. A letter was submitted from the City At- torney, James Cribbs, addressed to the City Secretary, Mrs. Vada Ferris, concerning competitive bidding for contracts in which he states that Article 2368 (RCS) es- tablishes the hard and fast rule that aon- compliance with ibhe requirements set forth in the Notice of the Bid render such attempted bids defective. Mr. Cribbs states that, in his opinion, the Council should only consider those bids duly sub- mitted pursuant to the published notice. (The bid specifications requested that bids be submitted to the C.ity Secretary's Office, addressed to the Mayor and City Council.) Councilman Douglass made the motion that, of the four (4) bids opened and tabulated, the low bid meeting the requirements and specifications be accepted, which is Worthey Forest Park Plymouth, Inc., in the amount of $4,404.70, -as recommended by Chief of Police W. M. Sustaire. Councilman Byers seconded -the mpti.on,• and the vote is as follows: Ayes: Councilmen Douglass, Byers and Samuels Nays: None 0 - Mayor Fuller declared the motion carried. (Copy of Bid TabIlation and bids on f i I e in Off ice of City Secretary.) City Manager Cowell informed- the' Counei 1 that bids had been accepted and opened on October -7, 1966 for three (3) new police units, and bids are as follows: I , , Total -3 Units. Trade - In Net Price Hooker Vandergriff Chevrolet $7,58,9.55 $3,200.55 $9.00 Payton - Wright Ford Sales 7,753.17 3,013.17 4,740.00 Worthey- Forest Park - Plymouth 8,054.70 3,650.00 4,404.70 Mid - Cities Chrysler- Plymouth 7;510.95 3,200.00 4,310.95 City Manager Cowell further explained that two bids had been received after the bids had been opened and had not been consider- ed. He explained 0kat one had been received in the Police Station early in the morning, but did not reach the City Secretary's Office until after bid opening time, and that the other bid arrived in mail after the bids were opened. These bids were not opened or considered in the police Unit Bids. Chief of Police Sustaire stated that he recommends that the City approve the 'bid as submitted by Worthey Forest Park Ply- mouth, Inc., in the amount of $4,404.70. Chief Sustaire stated that some of the bids do not meet- s pe,c i f i cations . Councilman Samuels inquired,of the Chief about trading before maintenance cost becomes. so great. Chief Sustaire stated that, during this past year, he has spent ap.proxi•mate•ly $1,100.00 on maintenance cost. A letter was submitted from the City At- torney, James Cribbs, addressed to the City Secretary, Mrs. Vada Ferris, concerning competitive bidding for contracts in which he states that Article 2368 (RCS) es- tablishes the hard and fast rule that aon- compliance with ibhe requirements set forth in the Notice of the Bid render such attempted bids defective. Mr. Cribbs states that, in his opinion, the Council should only consider those bids duly sub- mitted pursuant to the published notice. (The bid specifications requested that bids be submitted to the C.ity Secretary's Office, addressed to the Mayor and City Council.) Councilman Douglass made the motion that, of the four (4) bids opened and tabulated, the low bid meeting the requirements and specifications be accepted, which is Worthey Forest Park Plymouth, Inc., in the amount of $4,404.70, -as recommended by Chief of Police W. M. Sustaire. Councilman Byers seconded -the mpti.on,• and the vote is as follows: Ayes: Councilmen Douglass, Byers and Samuels Nays: None 0 - Mayor Fuller declared the motion carried. (Copy of Bid TabIlation and bids on f i I e in Off ice of City Secretary.) 184 (Page Six, Minutes of Regular Meeting, Euless City Council, October 11, 1966.) Vlli. SUPPLEMENTAL AGREEMENT NO. 2, SHULL CONSTRUCTION COMPANY, (TIMBERLINE ESTATES) Mr. Bill Ratliff informed the Council that the Engineers recommend approval of Supplemental Agreement No. 2, in the amount of $1,500.00, in order that Shull Construction Company may proceed with work in!Vm- berline Estates. City Manager Cowell informed the Council that the City has received a letter from Stewart Trust Company, stating that Es- crow Funds have been .approved and WIII be sent to the City of Euless, upon request, for the improvements•to the drainage channel in Timberline Estates.- * +CouncilmanSamuels made the motion to con- cur with the Engineer's recommendation and approve Supplemental Agreement No. 2 and authorize Shull Construction Company to proceed with the portion of the contract in the amount of $1,500.00. Councilman Douglass seconded the motion, and the vote is as-follows: ' . Ayes: Councilmen Samuels, Douglass and Byers Nays: , None z Mayor F u l l e r declared the motion carried. (Copy o f Supplemental Agreement -on f i l e in Office of City Secretary.) I I ''" ". IX. R I GHT -OF -WAY NORTHWEST BOULEVARD I I I I Mr. Bil-l' Rail i ff stated thatt he and, 'C ity Manager Cowell have discussed the need of right -of -way for Northwest Boulevard and request the Council's consideration for efforts to be made to secure'the necessary right -of -way. No action was taken in`ths matter; -how- ever, the Council agreed that the Engineers and City Manager should proceed with the efforts to secure that necessary right -of -way for Northwest Boulevard, City Manager Cowell informed'the Council that Mr. Herman Smith has requested that the City make efforts to secure the right - of -way through the Richardson tract to Northwest Boulevard and make efforts to ex- tend the street to connect with Marlene. - Mayor Fuller requested the "t Mr; RAtl'iff secure maps showing right -of -way needed in this area. X. RESOLUTION NO. 154, ESCROW FUND CAPITAL IMPROVEMENT, COWART CONSTRUCTION COMPANY City Manager Cowell presented Resolution No. 154 authorizing the Mayor and City Secretary to execute certification for ex- penditure, in the amount of $937.20, payable to Cowart Construction Company, for improvements to the intersection at Dallas- Harwood Road and Nort1, Main Street. He stated that the Engineers have concurred with this expenditure. . 1 Councilman Samuels made the motion to ap- prove Resolution No. 154, as presented. Councilman Byers seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Byers and Douglass Nays: None (Page Seven, Minutes of Regular Meeting, Euless City Council, October 11, 1966.) Mayor Fuller declared the motion carried the Office of the City Secretary.) XI. RESOLUTION NO. 153, SETTING DATE FOR PUBLIC HEARING, RE- ZONING PROPERTY FROM "A" RESIDENTIAL TO "C" COMMERCIAL, REQUESTED BY 0. W. "BLACKIE" MILLER. 185 (Copy of Resolution No. 154 on f i l e i n Resolution No. 153 was presented, setting November 8, 1966, as the date for public hearing on the 0. W. Miller re- zoning re- quest, re- zoning from "A" Residential to "C" Commercial, a tract of land out of the A. M. Downing Survey A -415, Euless. Councilman Samuels made the motion to ap- prove Resolution No. 153 as pcesented. Councilman Douglass seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Douglass and Byers Nays: None Mayor Fuller declared the motion carried. XIV. ADJOURNMENT Councilman Samuels made the motion to ad- journ. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Douglass and Byers Nays: None The meeting adjourned at 9:10 P.M. ATTEST 6('4 Y'ZA't�_ C ity Secretary APPROVED: Mayor XI I. COMMUNICATIONS At the request of Mayor Fuller, City Mana- ger Cowell read a letter from Mrs. F. 0. Genseke, in which Mrs. Genseke expressed appreciation to the Council for the recent rezoning of her property on Huffman Drive. XIII. UTILITY POLES ON HARWOOD DRIVE Councilman Byers inquired of Mr. B i I I Ratliff about the utility poles in the island on Harwood Road. Fie questioned the placing of these poles. Mr. Ratl iff stated that he would check into this matter, to determine if the poles can be moved. XIV. ADJOURNMENT Councilman Samuels made the motion to ad- journ. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Douglass and Byers Nays: None The meeting adjourned at 9:10 P.M. ATTEST 6('4 Y'ZA't�_ C ity Secretary APPROVED: Mayor