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HomeMy WebLinkAbout1967-04-1183 Regular Meeting of the Euless City Council April 11, 1967 CALL TO ORDER Mayor W. G. Fuller called the Regular Meeting of the Euless City Council to order in the Council \Chambers at the Euless City Hall at 8 :15 P.M. with the following Councilmen in attendance: Messrs. Bill Byers, Frank Douglass, Harold Samuels and Bobby Fuller. (.Abs.ent: Councilman Don Warren.) Also present were City Secretary-.Vada Ferris,:and :Gity Attorney James Cribbs. INVOCATION Councilman Frank Douglass presented the invocat ion. V 1S ITORS Visitors in attendance were Mesdms. Pat Payne, Betty Potthoff, Willa Brown and Martha Hand; Messrs. B i I I Ratliff, W. M. Sustai re and Darrel Benson. PUBLIC HEARING RE- ZONING REQUEST SUBMITTED BY MR, D. F. PITTMAN City Attorney, James Cr.ibbs reviewed the rezoning request by Mr. Pittman and, read a memorandum from the City Secretary advising that the Planning and Zoning Commission approved the re- zoning request from "A" Residential to "C" Commercial for a portion of a tract being approximately 107 feet deep and 236 feet wide. However, the Planning and Zoning Commission minutes stated that Mr. Pittman had expressed a desire to extend his commercial property,460 feet from Highway 183 and that the deepest portion -of the tract of land i s approximately 465 feet. It was pointed out that a portion of Mr. Pittman's property i s zoned "C" Commercial, but that approximately 165 feet has not been zoned and that the last commercial permit issued to Mr. Pittman for extending the 183 Motel was issued in error by the Planning and Zoning Commission. Mrs. Willa Brown was present and stated that she did not object to the rezoning. However, she wanted to be certain that Mr. Pittman's request was as originally submitted to the Planning and Zoning Commission several months ago. oMI (Page Two. Regular Meeting of the Euless City Council. April 11, 196 7) Mayor Fuller stated that he had been contacted by Mrs. Sawtelle who has property adjacent to I/Ir. Pittman's, and she expressed concern in the size of the-sewer line which will serve the new motel additions and her property. Mayor Fuller stated that he recalls that NIr. Pittman had stated previously that if the 6'' line in use presently was proven inadequate, he would be willing to install a larger line. 41 Councilman Byers stated that he is of the opinion that Mr, and Mrs. Sawtelle have additional' units on their property also. After .cons iderable discussion; the consulting engineer, I/Ir. Bill Ratliff, was instructed to check into this matter to determine if the sewer line presently in this area is adequate to serve these facilities and to report his findings to the Council with a recommendation if it deems necessary that a change should be made. Questions arose as to the amounts charged for sewer taps and water taps in these facilities, and Mayor Fuller stated that he would check into this matter. Considerable discussion followed. Councilman Byers made the motion to'concur with the recommendation of the Planning and Zoning Commission and to re -zone the property as requested by Mr, Pittman. Councilman Fuller seconded the mot ion. . Further discussion followed. Councilman Douglass stated that there is 55 feet that needs to be clarified; that the Planning and Zoning minutes and a request by NIr. Pittman very in footage, and that it appears that 55 feet remain unzoned in this request. In all,.' indications, it seems that I1Ir. Pittman is not asking ,for all his property to be zoned. Councilman Douglass stated that this would require another zoning case if correct. The zoning case file was checked, and it was ascertained that the legal notice had been published in accordance with I/Ir. Pittman's rezoning request. ' Councilman Byers agreed to amend his'motion as follows: To concur with the Planning and Zoning Commission's recommenda- tion to re -zone 107 feet as requested by NIr. Pittman. Councilman Fuller agreed to second "Mr, Byers' new motion, and the vote is as follows: r Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (The City Secretary was instructed to determine the exact footage in the rezoning case and to report to the Council.) am (Page Three, Regular Meeting of the Euless City Council, April 11, 1967) II. ORDINANCE NO, 300 - AMBULANCE SERVICE FEES Ordinance No. 300, Ambulance Service Fees, was presented for second reading. Councilman Samuels made the motion to approve the second hearing of Ordinance No. 300 - ambulance service fees. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor,Full @r declared the motion carried. (Official copy of Ordinance No. 300 on file in the Office of the City Secretary.) COST OF RE- ROUTING PIPELINE ROAD Mr. Bill Ratliff, the City's consulting engineer, reviewed the Pipeline Road report on alternate location dated April, 1967. He presented each member of the Council, City Secretary and the City Attorney a copy of the - report which indicates the following: Re- routing thoroughfare: Street Construction - 6,200 Ft. at $18.00 per Foot .t . t Drainage Structures Contingencies Construction Street C 4,400 Ft 5,300 Ft Drainage $111,600.00 $ 26,000.00 $ 13,000.00 Total $150,600.00 of the residential section with curbs only; onstruction Base & Pavement $ 20, 900.00 Curb' & Gutter $ 7,100-00 Structures $ 6,000.00 Contingencies $ 4,000.00 Total $ 38,000.00 A6112 • (Page Four, Regular Meeting of the Euless City Council, April 11, 1867) ' Mr. Ratliff stated that the engineers estimated that all of the above construction could be accomplished for approximately $188, 600. 00, and that this is within the $219,680.00 budgeted in the Capital Improvements Program. His report indicated that this'-does not consider right -of -way cost or assessment revenues and that the engineers do not feel that they can predict such right -df -way cost at this time. However, that they are of the opinion that the estimates presented will allow for the complete re- design of the major intersection with Highway 183 to provide for the safest possible traffic patterns. The report contained a'map showing the re- routing of Pipeline Road. (Report on file as official City document in the Office of the City Secretary.) Councilman Samuels inquired if the $219,680.00 would be adequate for the C1ty1S' needs at this time. I/Ir. Ratliff stated that the City could stay within this figure. Councilman Douglass inquired exactly where Pipeline Road would connect with Highway 183 in this re- routing. 14r. Ratliff stated that it would intersect at the locat'ioh of the Fireside-Inn. Mayor Fuller stated that a portion of this re- routing would be through the City of Hurst. 14r. Ratliff stated that former City Manager, 1/Ir. Cowell, stated previously that, in his opinion, there would be no problem in this matter; that he felt that the City of Hurst would cooperate. Councilman Douglass stated that, in his opinion, it would be best to have this alternate route for Pipeline which would take the. heavy traffic away from the school rn P'ipeline Road and that where the re- routing would intersect with Highway 183 would be far less dangerous than. the present location of the intersection, Councilman Fuller inquired about determin= ing the feelings of the property owners,involved. Mayor Fuller stated that he suggests that a survey be made. Considerable discussion followed, and Mayor Fuller stated that, in his opinion, the City should ask for a vote of the people before re- routing Pipeline Road; that the Euless citizens voted to improve Pipeline Road in the bond election in 1964 ; -and that he does not feel that he would be justified in taking the City's money and re- routing a street in this nature without the people's consent. Councilman Douglass stated that he would have to disagree with the Mayor; that he feels that it would be in the best interest of the people to re -route Pipeline Road since an agreement cannot be reached with the City of Bedford for abutting Bedford property owners portion of the improvements to Pipeline Road. 1 (Page Five, Regular Meeting of the Euless City Council, April 11, 1967) Councilman Byers stated that he thought the City should secure the opinion from the City of Hurst on this matter before proceeding further. Councilman Douglass stated that the people in Morrisdale are very greatly affected by Pipeline Road; and that he has heard many of them say that they are for the re- routing. Mayor Fuller stated that he also thinks that the people in Morrisdale want Pipeline Road paved. Councilman Byers stated that he would recommend that the engineers attempt negotiations with the City of Hurst and then go to the property- owners involved in an attempt to get the necessary right -of -way easements. Councilman Byers stated that this re- routing would tie north and south Pipeline Road together. Members of, the Council agreed that a four -lane highway coming onto Highway 183 where Pipeline presently intersects with Highway 183 would be a very dangerous and hazardous location. Mayor. Fpller stated that this location should have an overpass. After sti 11 further discuss ion, members of the Council agreed the consulting engineers should attempt negotiations with the City of Hurst, and then determine the feelings of the property owners involved and report back to the Council. IV. DISCUSSION OF TEENAGE O_Rr:EVV LAW City Attorney James Cribbs stated that he and Chief of Police:Sus.taire had been instructed, at'-a previous Council meeting, to evaluate the possibility of a teenage curfew ordinance for the City of-.Euless. Mr. Cribbs stated that he had discussed this matter with Chief Sustaire and.with several City Managers in the area, and he finds that the teenage curfew ordinance does not seem feasible; that it would be questionable on the part of the City of Euless; that you get into the area of curtailing the activities of young people when parents are aware of what their children are doing and where. they go; and that there seems to be a feeling that it would be a problem to enforce this ordinance due to the number of personnel in the police department. I t was reported that the ratio of juvenile activities in Euless, compared to neighboring communities, does not seem t o be as great. He stated there w i l l always be high school students who will violate some of the laws; that he questions that passing a teenage curfew- ordinance would solve any problems; that it would -draw some objections from parents; would definitely require community support, as well as support of churches, civic groups and many others. Mayor Fuller stated that he is of the opinion that the people would have to vote on this matter; that he would not want to be responsible for taking money voted by the people for use elsewhere. Councilman Byers stated that he thought the City should secure the opinion from the City of Hurst on this matter before proceeding further. Councilman Douglass stated that the people in Morrisdale are very greatly affected by Pipeline Road; and that he has heard many of them say that they are for the re- routing. Mayor Fuller stated that he also thinks that the people in Morrisdale want Pipeline Road paved. Councilman Byers stated that he would recommend that the engineers attempt negotiations with the City of Hurst and then go to the property- owners involved in an attempt to get the necessary right -of -way easements. Councilman Byers stated that this re- routing would tie north and south Pipeline Road together. Members of, the Council agreed that a four -lane highway coming onto Highway 183 where Pipeline presently intersects with Highway 183 would be a very dangerous and hazardous location. Mayor. Fpller stated that this location should have an overpass. After sti 11 further discuss ion, members of the Council agreed the consulting engineers should attempt negotiations with the City of Hurst, and then determine the feelings of the property owners involved and report back to the Council. IV. DISCUSSION OF TEENAGE O_Rr:EVV LAW City Attorney James Cribbs stated that he and Chief of Police:Sus.taire had been instructed, at'-a previous Council meeting, to evaluate the possibility of a teenage curfew ordinance for the City of-.Euless. Mr. Cribbs stated that he had discussed this matter with Chief Sustaire and.with several City Managers in the area, and he finds that the teenage curfew ordinance does not seem feasible; that it would be questionable on the part of the City of Euless; that you get into the area of curtailing the activities of young people when parents are aware of what their children are doing and where. they go; and that there seems to be a feeling that it would be a problem to enforce this ordinance due to the number of personnel in the police department. I t was reported that the ratio of juvenile activities in Euless, compared to neighboring communities, does not seem t o be as great. He stated there w i l l always be high school students who will violate some of the laws; that he questions that passing a teenage curfew- ordinance would solve any problems; that it would -draw some objections from parents; would definitely require community support, as well as support of churches, civic groups and many others. • • • • (Page Six, Regular Meeting of the Euless City Council, April 11, 1967) Chief Sustaire stated that the City does have some juvehi le problems and vandalism, but in comparison with other cities,. it is definitely not out of proportion in the City of Euless. Chief Sustaire stated that he did not have the personnel to enforce such an ordinance;-that it would- require more time on the part of his officers. Chief Sustaire further stated that parents who would not be opposed to the ordinance are the ones who have their children under control., . Councilman Samuels inquired if there are laws whereby you may take juveniles. into custody if they are caught -in an unlawful act. Chief Sustaire stated that actually there is more control over juveniles under seventeen (17) than over adults; that juvenile laws are very liberal. City Attorney Cribbs stated that he does not know of another community in the area where this ordinance is in effect. Mr. Cribbs advised Mr. Samuels to inform citizens concerning a-matter of this nature that there is a provision in our charter whereby'citizens may present a petition to the Council asking for an election on any matter. After considerable discussion, Councilman Samuels stated that he is of the opinion that the City should accept this report from the City Attorney. No action was taken in this matter. V. OATH CE OFFICE City Attorney James Cribbs administered oaths of office as follows: William G. Fuller - Mayor Billy L. Byers and Harold Samuels - Councilmen, Mayor Fuller and Councilmen Byers and Samuels were elected to these positions on April 4th, 1967, for a period of two years. (Copy of signed oath on f i l e in the Office of the City Secretary.) V1. ELECTION OF MAYOR PRO -TEM Councilman Byers made the motion that Councilman Bobby Fuller be elected to the position of Mayor Pro -Tem. Councilman Douglass seconded. the motion, and the vote is -as follows: [king am (Page Seven, Regular, Meeti ng of the Euless City Council, Apri l . 11 , 1967) Ayes: Councilmen Byers, Douglass and Samuels Abstained: Councilman F u l l e r Mayor Fuller declared the motion carried. ' VI 1, BR I'EF RECESS FCR REPORT OF BEDFORD CONSIDERATION CF MERGER Mayor Fuller declared a brief recess in order for Council to be informed on the Bedford Council meeting held earlier this'evening. I t was reported that the Bedford Council voted to appeal the Bedford'-Euless consolidation merger to the Texas Supreme Court and Mayor Wolfe had issued a lengthy statement. - VIII.. RESOLUTION NO. 175 AUTHORIZING DISBURSEMENT OF WATER AND SEWER CAPITAL IMPROVEMENT ESCROW FUNDS Councilman Fuller made the motion to approve Resolution No. 175 as .presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of Resolution No. 175 on file in the Office of the City Secretary.) IX. COMMITTEE APPOINTMENTS Mayor Fuller announced that committee appointments and commission appointments, scheduled for discussion at this time, would be taken up at a later meeting. . .Resolution No. 175 was presented by the City Secretary, Mrs. Ferris, for disbursing $230.00 from the Water and Sewer Capital Improvement Escrow Funds to the City of Euless General Fund which is a reimbursement for the repairing of Arnett Street after the laying of water i J lines. • Mrs. Ferris reported that this had been approved by the City's consulting engineers, Gregory, Knowlton and Ratliff. Councilman Fuller made the motion to approve Resolution No. 175 as .presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of Resolution No. 175 on file in the Office of the City Secretary.) IX. COMMITTEE APPOINTMENTS Mayor Fuller announced that committee appointments and commission appointments, scheduled for discussion at this time, would be taken up at a later meeting. (Page Eight, Regular Meeting of the Euless City Council, April 11, 1967) 1*1 RESOLUTION NO, 176 - INVESTMENT OF RESERVE BOND FUNDS City Secretary Vada Ferris presented Resolution No. 176 and informed the Council that this resolution is for the investment of $7,000.00 of reserve funds in United States Treasury Bonds bearing interest at the rate of 447. and maturing on May, 15, 1974. She advised that this is upon the recommendation of the City's fiscal agent, Eppler, Guerin and Turner, represented by Mr, Merrill Morong. Councilman Samuels made the motion to approve Resolution No. 176 as presented. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Byers,, Douglass, Fuller and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy'of Resolution No. A,76 on f i l e in the Office of the City Secretary.) " �911 AN ATTEST: City Secretary XI. Meeting adjourned at 9:20. P.M. , APPROVED 1 i1/- ayor I