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HomeMy WebLinkAbout1967-05-09Regular Meeting of the , r- Euless City Council May. 9, 1967 CALL TO ORDER Mayor Wi 11 iam G. 'Fuller called the regular meeting of the Euless City Council to order at 8; 10 P.M. i n the Council Chambers of the Euless City Hall, with the following councilmen present: Messrs. B i I I Byers',' Frank Douglass and Harold Samuels. (Absent:' Councilmen Don Warren and Bgbby Fuller,) Also present were City Attorney James Cribbs and City Secretary Vada Ferris. The Invocation was presented by Council- man B i l l Byers. Visitors in attendance were: Messrs. Ralph Brummett, Z. L. Simpson and Walter A. Elliott, Jr.; Mesdms. Betty Potthoff, representing Mid - Cities Daily News', Martha Hand, representing The Fort Worth Star Telegram, Pat Payne and Jessie Young. APPROVAL , 0 F MINUTES The Minutes of the Regular Council meeting dated April 25,' 1967, were approved' as written. I• ORDINANCE NO, 301 - REZONING PART OF D. F. PITTMAN PROPERTY„ i iii.i inn ni An^ Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Official Copy of Ordinance No. 301 on .file in the Office of the City Secretary.) Ordinance No. 301 was presented for second reading, which rezones one hundred, seven (107) feet of Tracts 2A and 2B, Kitty House Survey, from "A" Residential to "C" Commercial, as requested by Mr. D. F. Pittman. (Three Hundred (300) feet of this Tract previously zoned commercial.) Councilman Samuels made the motion to approve Second Reading of Ordinance No. 301. 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. (Official Copy of Ordinance No. 301 on .file in the Office of the City Secretary.) 100 (Page Two, Minutes of Regular Meeting, Euless City Council, May 9, 19j;) CHANGE ORDER NO. ONE - EULESS PUBLIC LIBRARY City Secretary Vada Ferris advised-the Council that the Architects, Jarvis, Putty and Jar•vis,,have submitted Change Order Flo, One, for the Euless Pub•]ic Library, which will increase the size of telephone conduit from the existing buildings to the new library building. The change will increase the size of telephone conduit from a one inch to two inch coriduit,` This is an addition to the contract price in the amount of $7$.00, After discussion, Councilman Douglass made the motion to approve Change Order No. One as presented. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried in the Office of the City Secretary.) LITTER ORDINANCE (Copy of Change Order No. One on file City Attorney James Cribbs presented an ordinance for First Reading, which would prohibit litter, trash, etc., in the City of Euless and impose a penalty for violation of the ordinance. Councilman Douglass made the motion to approve First Reading of this Ordinance, as presented by Er. Cribbs. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass -and Samuels Nays: None Mayor Fuller declared the motion carried. (Second Reading at next Regular Coun- cil Meeting, May 23, 1967•) IV. NORTHEAST CITIES ADVISORY COUNCIL REPORT Councilman Frank Douglass reported that the Northeast Cities Advisory Council is compiling data on ambulance services. Material is being collected from cities throughout the United States and a com- mittee is tabulating this data which will be made availabie'later•, I/Ir. Doug I ass' rapiorted that the ty"of Euless would be furnished a statement from Forrest and Cotton, Engineers',for Euless' pro -rata share of a Water Study Interim Report. Mr. Douglass reminded the Council that the City of Euless had previously pledged $1,060.00 in this endeavor, and that an amount of $840.00 is due at this time. Councilman Douglass stated that members of the Northeast Cities Advisory Council had agreed to request their City Councils to pay their pro -rata share upon receipt of the statement. I4r. Douglass briefly reviewed the steps in this report which had been presented to the Council in a previous meeting. Mayor Fuller thanked I/Ir. Douglass for his rnnnrt nn the unrthnnct f ;tine AA%,;cnry fnvinr;i moatinn nnrl hoc t.tnrL- with than 101 (Pape Three, Minutes of Regular Meeting, Euless City Council, May 9. 1967) Advisory Council on behalf of the City of Euless. V. _019CUSS10N SESSION -- The meeting, at this time, was an informal session awaiting the arrival of the City's Consulting Engineer. Mayor Fuller opened the meeting to questions and discussion. Mrs. Young inquired if the proposed Litter Ordinance would prohibit throwing garbage in creeks, drainage channels, etc. The City Attorney replied affirmatively, but stated that a person must be caught in the act of throwing trash into these areas. Mrs. Young stated that, as Chair- man' of the' Betterment Association, she has received several complaints, specif i- cally, about trash being thrown into the creek on H'uitt just off South Main Street- She stated that persons had advised that this trash i s being washed dowh rotor the creek near the South 'Euless Parksite, and that citizens are fear- ful of contamination to the creek waters. Mrs. Young inquired about businesses being operated in residential areas. The City Attorney stated that the City has an ordinance which prohibits this, and 'that Mrs. Young should contact the City Secretary to determine necessary steps in such matters. Councilman Samuels mentioned the skating rink at Midway Park and stated that he and several of the Councilmen have been receiving complaints about the skating rink. Mr. Byers stated that he has re- ceived numerous calls, and it was agreed that City Attorney Cribbs should take immediate legal action in this matter. City Attorney Cribbs discussed the new law which is awaiting the Governor's signature prohibiting "so- called" secret meet- ings among public officials. Discussion centered arbund the fact that there are some*mattert> which should be discussed privately - law suits, personnel, etc., and it -was pointed out that the City of Euless takes no official action in closed meetings and does not keep minutes of these meetings. The Council theh discussed the possible merger of the cities of Euless and Bedford. In answer to a question, Mr. Cribbs advised that; in order to comply with the laws, the larger of the two cities w i I I absorb the smaller city; the smaller city w i I I adopt the ordinances of the larger Councilman Douglass inquired if the City of Euless has an ordinance for censoring movies. He stated that the Drive -In Movie Theatre in Euless is showing movies that are not permitted to be shown in { Fort'-Worth. Mr. Cribbs, City Attorney, stated that a review board could be - established. However, this must be given careful consideration. The board must consist of persons who will have time to review the movies in advance and pass judgment' on them. He stated that, possibly, there might be Joint participation with the City of Fort Worth in this endeavor, as they prese'ntly have a review board. City Attorney Cr'ibbs stated that reviewing movies requires a lot of time, and that many'times, merely creates' pub] i c i t y which seems to be advantageous to the f i I m makers and theatre owners. He stated that an ordinance to prohibit cer- tain type movies must be on a juvenile level and not on an adult basis. He stated that questions would arise in case law suits are involved, such as: Is the Ordinance valid, and a fact question would be - Is a scene violating public morals. Councilman Samuels mentioned the skating rink at Midway Park and stated that he and several of the Councilmen have been receiving complaints about the skating rink. Mr. Byers stated that he has re- ceived numerous calls, and it was agreed that City Attorney Cribbs should take immediate legal action in this matter. City Attorney Cribbs discussed the new law which is awaiting the Governor's signature prohibiting "so- called" secret meet- ings among public officials. Discussion centered arbund the fact that there are some*mattert> which should be discussed privately - law suits, personnel, etc., and it -was pointed out that the City of Euless takes no official action in closed meetings and does not keep minutes of these meetings. The Council theh discussed the possible merger of the cities of Euless and Bedford. In answer to a question, Mr. Cribbs advised that; in order to comply with the laws, the larger of the two cities w i I I absorb the smaller city; the smaller city w i I I adopt the ordinances of the larger 102 (Page Four, Minutes of Regular Meeting, Euless City Counc`1 1 , 'May' 9;,_ 1967) city, and the governing body of the larger city will be the governing body. He , stated t h a t the smaller c i t y w i l l assume the name of the larger city. It was pointed out that should an election 'date be set this evening, June 10th is the earliest date possible for the election. Further discussion followed, and Mayor Fuller stated that, in his opinion, eitizens shmuld have the opportunity''to vote on a name change, if the two cities consolidate. , Recessed The meetin'g recessed at 9:05 P. M. awaiting the arrival of Mr. Ratliff, Consulting Engineer. Ror,nnxionorl The Council reconyened in session at 9:20 P.M. 'upon the arrival of Mr. Ratliff. Mr. Ratliff informed the Council that he had been meeting with the Hurst City Council concerning the property in the City of Hurst which would be affected by the proposed rerouting of Pipeline Road in the City of Euless. (to be discussed later) a PETITION FCR REMOVING TIRES - HIGHWAY, 183 City Secretary Vada Ferris informed the Council that a petition had been received in the City Offices requesting consid- eration of clearing of tires and debris on Highway No. 183 (Tract 2F, A... M. Downing Su'rvey), due to the fact that it is a health menace and hazardous to the residents i,R .the area, as well l as being unsightly. The petition contained seventy two (72)_ names. Councilman Samuels made the motion to re- ceive the petition as submitted and request the City Attorney to take' necessary steps, immediately, to eliminate the existing conditions as mentioned in the peti- tion, and if necessary, to bring suit against the rightful party and /or parties. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of petition on file in the Office of the City Secretary.) VII. DRAINAGE AND UTILITIES FCR SAFEWAY STORE SITE AT ECTOR AND HIGHWAY 133 Mr. Bill Ratliff reviewed a letter dated April 27, 1967, to Mr. Ralph Brummett, concerning thb utilities and drainage for the Safeway Store Site at Ector and Highway 183, and Members of the Council studied a plat of the planned utilities. Mr. Ratliff commented that this project will be constructed in two (2) stages -- the first being approximately eighty (80) feet of sanitary'sewer, and the second, a storm sewer. The total cost of the project is $24,120.00 (estimated), and the engineers recommend that the City participate in an estimated amount of $2,800.00 plus the pro -rata share of the engineering cost, which would amount to an additional $280.00. 103 (Page Five, Minutes of Regular Meeting. Euless City Council. May-a—J26Z) The City's participation would be in the construction of the open channel l iner. The cost of the improvements to the developer will amount to approximately $21,040.00. Mr. Ratliff stated that this amount could vary as much as 10%, as it does not include any contingencies. Mr. Ratliff commented that if the Council approves this project, the Engineers need authorization to prepare detailed plans 'and specifications and to advertise for bids. He stated, however, that Safeway is anxious to start this project, and with the Council's permission, Mr. Ratliff would like to negotiate for replacing the sanitary sewer line and take bids on the storm sewer construction. . Mr. Brummett, representing the Safeway Stores, was present and presented a check in the amount of $1,472.80, which i s 7% of the'Engineers' cost estimates covering both engineering and construction cost. This money is to be placed in escrow with the City of Euless until the completion of its project. Mr. Brummett also submitted a letter (which is on f i l e in the Office of the City Secretary) from Mr. Robert E. Skaggs of, Safeway Stores, thc., pertaining to the project and assuring the City that Safeway Stores, Inc. assure cooperation with City Officials, as well as the City's Con- sul ti ng Engi neers . Councilman Byers made the motion to concur with the Consulting Engineer's recommendation for the City's participation in an estimated amount of $2,800.00 plus the pro -rata share of Engineering cost in this project, and acceptance of the deposit to be placed in escrow in the amount of $1,472.80. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of letters and plat on file in the Office of the City Secretary.) PROPOSED REROUTING OF PIPELINE ROAD Mr. Bill Ratliff informed the Council that he had, earlier this eveing, met with the Hurst City Council, to discuss the proposed rerouting of Pipeline Road in the City of Euless, which will necessi- tate negotiations with the City of Hurst. Mr. Ratliff stated that the Hurst City Couhci.1 agreed to- cooperate in negotiations on the general order of the sketch of the proposed r- er'out'ing of Pipeline. M r . Ratliff stated that he w i l l submit a report on(his meeting wi =th-- the City of Hurst and his recommendations in this matter. ;IX. STREET IMPROVEMENTS - SGUTH SU.LESS Councilman Byers stated that several of the citizens in South Euless had inquired-about street improvements in the area adjacent to Vine Street which are not included in the - present construction con - tract. Mr. R at I iff stated that -an extension of the present contract had been discussed at a previous Council Meeting, to include the reconstruction of some 1 � (Page Six, Minutes of Regular Meeting of Euless City Council, May 9, 1967) of the streets in lieu of Pipeline Road. Mr. Ratliff stated that he would sub- mit a report to the Council at a later date on this matter. X. REPORT ON TRINITY RIVER AUTHORITY MEETING Mr. R a t I i ff stated that recently, he and Doctor Warren had met with representatives of the Trinity River Authority. Mr. Ratliff read a letter dated May 4, 1967, from the Trinity River Authority, ad- dressed to Forrest and Cotton, Inc.,.. pertaining to the proposed Bear Creek ex- tension to sewage system. The letter indicates that the cities of Euless, Grand Prairie and Irving are requested to participate in the cost of preparing an Engineering Report for this sewage system facility on Bear Creek. The report w i l l cost $5,000.00, and each of the cities are asked to participate in the amount of $1,666.66. It was pointed out that if the Authority later,finances a Bear Creek extension, then the cities will.be reimbursed from project funds. Mr. Ratliff stated that.the City of Euless needs to indicate their willingness to participate in this cost by authorizing the Mayor to sign ,an agreement to this effect. Councilman Samuels made the motion that the Mayor be authorized to sign, the agreement for the City of Euless; whereby, the City will participate in this project report in the amount of $1,666.66. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samue s Nays: None Mayor Fuller declared the motion carried. (Copy of s gned agreement on file in the Office of the City Secretary.) XI. PLAT REVISION - WILSHIRE VILLAGE ADDITION Mr. Rat] iff read a letter dated May 2, 1967, from the Consulting Engineers, concerning the request for - replatting lots IIA, 2A, 3A and 4A of Block 3 of the Wilshire Village Addition. Mr. Ratl iff's letter indicates the Engineers recommend approval of this replatting, providing certain requirements are met. Members of the Council discussed the plat and reviewed the Planning and Zoning Minutes dated May 2, 1967, Item IV, in which the Planning and Zoning Commission made the motion to recommend approval of the plat revision, in compliance with the letter from the Consulting Engineers. After i t was ascertained t h a t a l l require- ments have been met, Councilman Douglass made the motion to approve the plat revision as requested. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor F u l l e r declared the motion c a r r i e d . (Copy o f p l a t and letters on f i l e in the Office of the City Secretary, i i 105 (Page Seven; Minutes of ,Regular Meeting, Euless City Council, May 9, 1967) XII. CITY -DEVELOPER AGREEMENT - WILSHIRE VILLAGE Mr. Bill R at I i ff recommended that the Coun- c i I authorize the Mayor's signature on the City - Developer Agreement, which w i I I provide water and sewer lines to the lots replatted in Wilshire Village - IA, 2A, 3A and 4A of Block 3, and stated there w i I I be no City Parti'c'ipation and no refunds. Councilman Byers made the motion that the Mayor be authorized to sign the City- Developer Agreement, as recommended by the City's Consulting Engineers. Councilman Bouglass seconded the motion, and the vote i s .asJol lows: Ayes: Councilmen Byers, Dougfass and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of City - Developer Agreement on f i I e in the Office of the City Secretary.) XIII. F[NAL PLAT - GREEN HILLS PARK NO, FIVE, FIRST SECTION Members of the Council studied the Final P l a t , Green H i l l s Park No. Five, First Section, and reviewed the Planning and Zoning Minutes dated May 2, 1967, Item I I , in which the Planning and Zoning Commission made the motion to recommend approval of the plat as presented. Merry bers of the Council inquired of Mr. Ratliff if he has reviewed the plat and is satisfied with the easements. Mr. Ref iff commented - ,affirmatively. Councilman Byers made the motion to concur w i t h the Engineer's recommendation and approve the F i n a l P l a t , Green H i l l s Park No. Five, First Section, and request the Developer to submit a certified copy of the recorded plat. Councilman Samuels seconded the motion, and the vote is as follows: Ayes:, Councilmen Byers, Douglass and Samuels Nays: None Mayor .Ful ler declared the motion carried. XIV. CITY -DEVELOPER AGREEMENT, GREEN DULLS PARK Mr. B i I I Ratl iff recommended that the Council authorize the Mayor to sign the City - Developer Agreement, for extending wate'r and sewer lines to Green Hills Park No. Five, First Section, and stated there wi I I be no City participation or refunds. Councilman Samuels made the motion to con- cur with the recommendation of the Consulting Engineer and approve the City - Developer Agreement authorizing the Mayor's signature. Councilman Douglass seconded the motion, and the vote is as follows: 106 (Page Eight, Minutes of Regular Meeting, Euless City Council, May 9, 1967) Ayes: Councilmen Byers, Douglass and Samuels Nays: None C Mayor Fuller declared the motion carried. (Copy of City - Developer Agreement on f i l e i n Office of the City Secretary) v- XV. BUILDING PERMIT - CONSTRUCTION OF FCLR UNIT STUDIO APARTMENTS, MR. Z. L. S IMPSON Members of the Council reviewed a letter from the Consulting Engineers concerning the construction of the studio apart- ments, and a copy of the plot plan of Tracts 2A and 3A, Block 3 of Wilshire Village, which is the location for these apartments. The Engineers' letter call- ed attention to the parking fac,1 1 ities. Members of the Council reviewed the Plan- ning and Zoning Commission Minutes dated May 2, 1967, Item IV, in which the' Planning and Zoning Commission recommend approval of the permit for the 'con- struction of the studio apartments, subject to the conditions in the Engineer's letter. After discussion, Councilman 'Samuels made the motion that the building permit be approved as requested, subject1to thA - -... Owner meeting all requirements stipulated in the Consulting Engineer's letter. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Copy of Engineer's letter and Plot Plan on f i l e in the Office of the City Secretary.) QTA COMFI_Y I NG WITH THE QR D I NANCE PERTAINING TQ RI III nINc,, PFRAAmc; Mr. Bill Ratliff, Consulting Engineer, stated that the Engineers recommend that the City of Euless comply with the Ordinance for issuing building permits and informed the Council'that he would send a letter to the City requesting that the Building Inspector ascertain that the Ordinance is complied with,i -n all cases. XVII, :7 19i]:i Me] ►■a:Zi]9i0 X11- .10K2i1ZsmCLIJ119 &ZLLTil:111*l:11:7 It was reported to the Council that the City of Bedford had not taken action on the establishment of a date for the proposed election of the Bedford - Euless merger, and the 'Bedford Council had recessed. (Pace Nine, Minutes of Regular Meeting, Euless City Council, May 9, 1967) XVIII. rni mini oGrGCc Councilman Samuels made the motion that the Euless City Council recess until further notice. 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, and the meeting recessed at 10;40 P.M. APPROVED: ATTEST= Mayor City 107 l08