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HomeMy WebLinkAbout1967-02-1425 Regular Meeting of - the Euless City Council February 14, 1967 CALL M ORDER Mayor W. G. Fuller called the regular meeting of the Euless City Council to order at 8:15 P.M. i n the Council Chambers i n the' Euless City- Hal'1 with the following members present: Councilmen Bi l l Byers, Frank Douglass, Don Warren, Harold Samuels and Bobby Fuller. Also present were City, Manager Lee Cowell, City'ktorney James Cri'bbs and City Secreta'ry Vada Ferris. INVOCATION Invocation was given by Councilman Frank Douglas's. VISITORS Visitors in attendance were Mr. and Mrs. Darrel Benson; Mesdms. Pat Payne, Betty Potthoff and Martha Hand; Messrs. Henry Keller, Merrill C. Morong, Charles A. Penry, H. M. Huffman, Walter Elliott, Duane Wilcox, B i I I Ratliff, Ed Baker, Jr., Evert Bower and Mr. Brown, APPROVAL CF MINUTES ORDINANCE NO. 297 RE- ZONING JOE WELBORN PROPERTY - CEDAR HILLS ESTATES. , City Manager Cowell presented the second reading of Ordinance No. 297 re- zoning from "A" Residential to "A -3" Multiple Family Dwelling property 1 is.ted in Cedar Hill's Estates belonging to Mr. Joe Welborn. Councilman Samuels made the motion to approve the second reading of Ordinance No. 297. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Byers, Fuller and Douglass Nays: None The following minutes were approved as written: Called Meeting November 1, 1966 Regular Meeting November 8, 1966 Regular Meeting December 13, 1966 Regular Meeting January 10, 1967 C'bl-1ed Meeting January 17, 1967 Regular Meeting January 24, 1967 ORDINANCE NO. 297 RE- ZONING JOE WELBORN PROPERTY - CEDAR HILLS ESTATES. , City Manager Cowell presented the second reading of Ordinance No. 297 re- zoning from "A" Residential to "A -3" Multiple Family Dwelling property 1 is.ted in Cedar Hill's Estates belonging to Mr. Joe Welborn. Councilman Samuels made the motion to approve the second reading of Ordinance No. 297. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Byers, Fuller and Douglass Nays: None 26 (Page Two, Regular Meeting of Euless City Council, February 14, 1967) Mayor Fuller declared the motion carried the Office of the City Secretary.) SHADY BROOK FIFTH FILING WATER AND SEWER INSTALLATIONS (Copy of Ordinance No. 297 on f i l e i n Mr. Bill Ratliff reviewed the Shady Brook, Fifth Filing water and sewer installations and stated that the developer had, in the opinion of the Engineers, provided the necessary documents as sufficient evidence to warrant approval of the water and sewer installation with the exception of the title. After discussion, Councilman Douglass made -the motion that the water and sewer installations in Shady Brook, Fifth Filing be approved subject to securing the title. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Oouglass, Fuller, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. WATER AND SEWER .INSTALLATIONS BEDFORD COURT ADDITION Mr. B i I I Rat] iff stated that the developer of the Bedford Court Addition had complied with a I I requirements with the exception of the as -built water and sewer plans, and that based upon the plans submitted, the engineers cannot unequivocably recommend -approval of these installations. He commented that the plans submitted did not appea.r to be exactly what had been installed. Mr. Ed Baker, Jr. stated that his firm was in the process of building the main lines in the City of Bedford when the City of Euless bought the Water and Sewer System, and he was advised to stop and put the lines according to the City of Euless specifications. He stated that he did exactly what he was advised to do by Mr. Sam Knight, the Water and Sewer Department Superintendent. Mayor Fuller commented that, in his opinion, the plans submitted should be adequate for the City of Euless to know exactly where the lines are; that it appears that the trouble lies between the byilder and the developer, and these plans should be submitted to the City as as -built plans. Mayor Fuller stated that he would recommend that water be supplied to the four houses already built in the sub - division, and that no further service be fe,cajebed until the as -built plans have been furnished to the City and the title secured. There was no action in this case; however, City Council members were in general agreement with the Mayor's recommendation. (Page Three, Regular Meeting of Euless City Council, February 14.: 1967) IV. i DISCUSSION: OVER - SIZING CF LINES IN SHADY BROOK ADDITION 27 Mr. .Walter Elliott, the engineer on the Shady Brook project stated that the developers are asking for re- imbursement for the over -size lines in the Shady Brook sub - division. Mayor Fuller commented that, in his opinion, Euless should not spend money in the City of Bedford for over- sized lines. Mr. Elliott commented that the City of Euless owns the system, and therefore, the City of Euless is responsible for the lines even though they are in Bedford. Mr. Ratliff commented that the engineers are glad that the lines are over - sized, and had they been requested to make a recommendation at the time the lines were installed, they would have recommended the over - sizing. Mayor Fuller commented to ascertain if this would be a Capital investment. The City Attorney,!'answered affirmatively. Mayor Fuller stated that if it is a Capital Investment, then the City of Euless could add it to the sale price of the system if the City of Bedford does buy their portion of the system. Mr. Elliott referred to a letter submitted to the City for the over - sizing, and stated that he had arrived at this amount by using the City of Euless Policies and Procedures: Mayor: Fuller stated that he sees no objections to approving the over - sizing if all of the legal aspects are met, and that the engineers can get together and-determine the cost. -Discussion followed in which Mr. Elliott stated that the-bid was over $2,000.00; however, that actually bids were not taken. The City Attorney stated that competitive bids should have been taken; that an expenditure of over $2,000.00 should be put out fo r bids. Mr. E I I i ott stated that the items could be taken, separately - water lines amounting to $1,348.50; sewer lines $1,925.00. 'He stated that $30,600.00 was spent by the :developer, less the material. The contractor, Mr. H: M. Huffman; stated that he had been paid his fee. Mayor.Fuller commented that the Engineers and City Attorney should make efforts to work out a reasonable solution and bring the information back to the City Council at the next regular Council meeting. Mr. Elliott stated that his clients are most anxious to get the system approved. , , ' ■ FINAL PAYMENT TO WALKER CONSTRUCTION COMPANY - EULESS CIVIC CENTER BUILDINGS City Manager Cowell presented a letter from the architects Jarvis, Putty and Jarvis recommending a payment of $5,000.00 to Walker Construction Company as final payment of the Euless Civic Center Buildings. Mr. Cowell commented that there is a one -year maintenance bond on the Civic Center Buildings, and should additional items need correction or replace- ment due to faulty construction or equipment failure, the bond would be sufficient for these matters. Mayor Fuller stated that, in his opinion, the architects should make a final inspection just before the expiration of the maintenance bond . M (Pape Four, Regular Meeting of Euless City Council, February 14, 1967) Councilman Samuels made the motion to approve the final payment of $5,000.00 to Walker Construction Company as recommended by the architects, Jarvis, Putty and Jarvis. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller, Samuels and Warren Nays: `None Mayor Fuller declared the motion carried. Im ORDINANCE NO. 298 - CREATING HOSPITAL AUTHOR I TY_ City Attorney James Cribbs submitted Ordinance No. 298 which is an ordinance creating the Hurst - Euless- Bedford Hospital Authority; providing such an authority shall comprise the territory included within the corporate boundaries of the Cities of Hurst, Euless and Bedford; providing the appointment of directors of said authority; providing 4hat said authority shall be a body politic incorporate. Mr. Cribbs stated that it is his interpretation of the law that City officials and City employees cannot be named as hospital directors. He commented that the naming of the directors is very important; that these men or women will have many decisions t o make, which w i l l be very important to the hospital. Councilman Douglass inquired as to the 1 disposition of profit after the hospital becomes debt free. Mr. Cribbs stated that the hospital authority.can make an adjustment if they wish; however, it is very doubtful t h a t the h o s p i t a l w i l l ever be debt free. Councilman Douglass commented that he knows of a town where the hospital i s debt free, and it i s not a profit making institution. Dr. Warren stated that it is not very conceivable that a town would have a hospital that is debt free and not add to its facilities. After considerable discussion, Councilman Samuels made the motion that the ruling whereby an ordinance must have two readings be suspended, and Ordinance No. 298 creating a Hospital Authority be passed as an emergency ordinance. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilman Byers, Fuller, Samuels and Warren Abstained: Councilman Douglass . . Mayor Fuller declared the motion carried. (Official copy of Ordinance No. 298 on f i l e in the Office of the City Secretary.) (Councilman Douglass commented that he abstained for personal reasons.) , (Page Five. Regular Meeting of Euless City Council, February 114, 1967) VII. Mayor Fuller stated that, on several occasions, he has requested that members of the Council provide names for appointees to various boards and commissions, and this is a good time for considering persons to be appointed to a hospital board and other board vacancies. He asked that names be submitted to the City Secretary. Councilman Douglass, stated that, 'in his opin -ion, the Councilmen should be furnished a list of vacancies in order for -them to be in a better position to suggest persons to fill these vacancies,. mum DISCUSSION: ORDINANCE RECALLING BONDS Members of the Council had previou ly discussed the Ordinance for recalling the $2,100,000.00 short option bonds. Councilman Byers commented that he feels that a discussion should be held a t a special me -eting for the Council to be further informed on the ordinance and the many factors in recalling bonds. City Attorney Cribbs stated that he had not hikd an opportunity to study the ordinance, and is of the opinion that it needs very careful study from a legal standpoint. Councilman Samuels inquired if the City o f Bedford w i l l have a chance to buy the system before the bonds are recalled. It was - agreed that the City Attorney should meet with Dumus, Hugennin and Boothman on this matter before any Council action is taken. IX. LOT REVISION, MORRIS DALE ESTATES Mr. Bill Ratliff discussed the lot revision in Morrisdale Estates, specifically Lots 9 and 10, Block 15, and commented that this has been requested by the developers for the closing of a uti-:14ay easement which- is no longer necessary. It was pointed out that. letters from Lone Star Gas Company and Texas Power and Light. Company have been submitted stating that the easement is, of no further use to their firms; however, that the Bell Telephone System had not submitted such a letter. After discussion, Councilman Byers, made the motion to concur with the engineers' recommendation to re -plat Lots 9 and 10, Block 15, Morrisdale Estates subject to the receipt of the letter from the Southwestern; Bell Telephone Company. Counci man Samyels seconded the motion, and the vote is as follows: Ayes: Councilman Byers, Douglass, Fu ler, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. 29 30 (Page Six.. Regular Meeting of Euless City Council, February 14 19A 71) X. RESOLUTION NO. 168: AUTHORIZING DISBURSEMENT CF CAPITAL IMPROVEMENT ESCROW FUNDS City Secretary Vada Ferris presented Resolution No, 168 for the Council's consideration for the disbursement of $1,963-.15 from the Capital Improvement Escrow Funds payable to Shull Construction Company. M r . B i l l Ratliff, representing Gregory, Knowlton and R a t l i f f Consulting Engineers, presented a l e t t e r dated February 14, 1967, ex- plain i n g the f i n a l payment and recommending payment, i n the amount of $1,953-15, to Shull Construction Company, for water and sewer extensions in Timberline Estates. After discussion, Councilman Samuels made the motion to approve Resolution No. 168 as presented. Councilman Fuller' seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller, Samuels and Warren Nays: None Mayor Fuller declared. the motion carried. (Copy of Engineer's letter and Resolution No, 168 on f i l e in Office of the City Secretary.) XI. SUPPLEMENTAL AGREEMENT TO SHULL CONSTRUCTION COMPANY AGREEMENT Mr. Bill Ratliff informed the Council that it has been ascertained that a 300 foot sectiam of eight (8) inch line that is now serv- ing as Hurricane Creek Outfall sewer needs to be replaced with a 21 inch line to adequately handle the present and future loads and that this work can_ be done for approximately $3,300.00. This line is just north of Highway Number._183, on the West bank of Hurricane Creek. Mayor Fuller stated that he is aware that this work needs to be done; that a manhole is running over into a stream in this particular area, and requested Mr. Ratl iff's investigation of similar problems on Blackie Miller's property. Mayor Fuller inquired if funds were available for this work, and the City Manager stated this could be expended from water funds. Mr. Ratliff stated that he would recommend that an addition to the Shull Construction Company contract, for this work, be approved. After discussion, Councilman Byers made the motion to ap- prove an expenditure of $3,300.00 for the replacing of this line as recommended by the Engineer, and authorized the Engineers to prepare a supplemental agreement for Shull Construction Company to this effect. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. 1 (Page Seven, Regular Meeting of Euless City Council, February 14, 1967) XII. NORTHEAST CITIES ADVISORY COUNC I L REPORT Councilman Douglass informed the City Council that the Northeast Cities Advisory Council will present a report on water needs by the Engineering Firms of Forest and Cotton and Gregory, Knowlton and Ratliff. This meeting is to be held on March 2, 1967, at 8:00 P.M. at the Richland Hills City Hall. Councilman Douglass stated that Cou6,cil Members and City Managers of the representative -cities are invited to attend this meeting. XI11. SALES TAX Councilman Samuels stated that he, Mayor Fuller and City Manager had attended the First Legislative Breakfast in Austin several weeks ago, and that he had become very informed on the permissive sales tax. He stated that although he had misapprehensions of the sales tax at the Council discussion several weeks ago, he, after hearing the discussion in Austin, ft convinced that the 1% permissive sales tax is a possible answer to some of the problems confronting cities; and that he feels that the people of the area should have an opportunity to vote on this stales ,tax. City Manager Cowell stated that members of the Counci1 had been furnished copies of the Legislative Newsletter which informs the Council of the sales tax and other vital legislative information. The City Manager stated.that, according to the newsletter, the next few weeks are very,dritical and that the Texas Municipal League is requesting that cities advise them of their intentions in the City sales tax matter. He stated that "he, Mayor Fuller and Councilman Samuels had fe.lt rather hypocritical in Austin, talking in favor of the sales tax, and that he feels that the Council should express their opinion of the sales tax in order for the League to be informed. I t was pointed out t h a t t h e state w i l l collect the tax of participating cities, and the cities will receive their proportion quarterly from the State. Councilman Byers stated that, in his opinion, the sales tax wi I I be fine if the City of Euless is not the only city in Tarrant County to have the sales tax. Mayor Fuller irrquired of the Council their opinion of the sales tax, which is as follows: Ayes: Councilmen Byers, Fuller, Samuels and Warren Nays: Councilman Douglass There was no motion in this discussion. 32 XIV. C I TY ATTORNEY ' S REPORT Mr. Cribbs reported that he, Mayor Fuller and Mr. Wayne Rhone had spent a day and night in Austin in efforts to have the Airport Authority B i l l so worded in order for the areas involved to be able to collect taxes. Mr. Cri,bbs. stated that the general concensus of opinion.is that the bill would pass with this provision. XV . NORTH -WEST BOULDVARD NEAR TIMBERLINE ESTATES Mayor Fuller stated that he has received a letter from Mr. Andy Winters concerning the thoroughfare which i s to be co.nstrueted near the Timberline Estates Sub - Division. Fie stated that Mr. Winters is very concerned that this boulevard has not been constructed as the City Council had indicated it would be a year ago. City Manager Cowell stated that there are three (3) pieces of right -of -way needed in this area, and that the people owning this property do not feel that they should take a- specific amount for their property without knowing what the other property owners wi I I be receiving. After considerable discussion, it was pointed out that it may be necessary to condemn this property. City Manager Cowell stated that the City is making efforts to put a county -type .road in this area as far as,it can; however, that a drainage structure w i l l be necessary. Members of the Council indicated that the drainage structure should be put in; however, that it should not be one for a fair weather -type road. City Attorney Cribbs stated that, in his opinion, that the City should make a Lair offer to these property owners, and that if they refuse to .sell the portion needed, the property should be condemned. After s t i l l further discussion, Council- man Douglass made the motion that an independent appraiser determine a fa i r value for this property, which shoul'd be offered to the property owners, and if refused, then condemnation proceedings should be started. Councilman Byers seconded the motion, and the vote. is as follows: Ayes: Councilman Byers, Douglass, Fuller, Samuels and Warren Nays: None Mayor F u l l e r declared the motion c a r r i e d . (Copy of M r . Winters' l e t t e r on f i l e in Office of City Secretary.) 33 (Pape Nine, Regular Meeting of Euless City Council, February 14, 196 7) XVI . CALLED COUNCIL MEETING City Manager stated that Mr. Robert Caldwell has informed the administrative offices that he had completed one -half of'the planning phase for up- dating the City's Master Plan, and suggests a joint City Council - Planning and Zoning meeting. It was agreed that February 24, 1967, at 7:30 would be the time of this meeting. XVII - COMMUNITY ACTION COMMITTEE Councilman Samuels stated that; several months ago, he had agreed to act as the City's representative to the Community Action Committee, and that four meetings had been held -- three on Council meeting nights; the other, he had been away on business, and that, in his opinion, a new appointee should be considered for th'ls committee. It was agreed that this appointment should be added to the appointment-list for Council consideration. INTIM FEDERAL FCRMS I Mayor Fuller informed the Council that he had received forms from the Texas State Library to ascertain that the City will not be discriminatory in their library materials or the use of their library. Mayor Fuller stated that he desires that the Council be aware that he has signed the forms and returned them to Austin. XIX. DISCUSSION: CHARTER AMENDMENTS Mayor Fuller stated that there are several Charter Amendments to be considered, and since the Charter can only be amended once every two years, careful consideration should be given to these amendments: He stated that the consolidation of the City of Euless and the City of Bedford would require a Charter amendment, and he feels that we would be endangering our chances for a merger should we amend the Charter at this time. It was agreed by members of the Council that the City Attorney should prepare a list of amendments for consideration. 341 (Pape Ten, Regular Meeting of Euless City Council, February 14, 1967) XX. /_191 r1l1:1011A10011� ,ATTEST: City Secretary The meeting adjourned at.1Q :15 P.M. APPROVED: Mayor