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HomeMy WebLinkAbout1967-06-27141 Regular Meeting of the Euless CLty Council June 27, 1967 CALL TO ORDER . . . Mayor W. G. Fuller called the meeting to order at 8 :05 P.M. i n the Council Chambers of the Euless City Hal l with the following members present: Councilmen Don Warren, Bobby Fuller, .Frank Douglass and Bill Byers. Absent: Councilman Harold Samuels - on vacation. Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. INVOCATION The invocation was presented by Councilman Frank Douglass. APPROVAL CF MINUTES The following minutes were approved as written: j 1. Called Council Meeting February 24, 1967 2. Called Council Meeting June 5, 1967 3. Regular Council Meeting June 13, 1967 VISITORS Visitors in attendance were: Messrs. E. I. Grauman, George R. Moore, William A. Bauer, Lee Cowell and Walter A. Elliott, Jr.; Mesdms. E. 1. Grauman, M. C. Boardway, George R. Moore, Betty Potthoff, J. E. Norris and Pat Payne. OVERSIZED WATER AND SEWER LINES, SHADY BROOK ADDITION, BEDFORD City Manager Griggs informed the Council that a letter had been received from D.B.R., Incorporated, requesting a Council audience to discuss the oversizing of water and sewer lines in the Shady Brook Addition. Mr. Walter Elliott, Engineer representing D.B.R., Inc., reviewed this matter for the members of the Council stating that Mr. Royce Wisenbaker, prior to the City's purchase of the Water and Sewer System, had prepared the plans for the water and sewer lines for the Shady Brook Addition in the City of Bedford. Mr. Elliott stated that bids 142 (Page Two, Regular Meeting of the Euless City Council, June 27. 1967) were taken and that Mr. ti. M. Huffman was the low bidder. He recalls that this matter has been discussed previously with the Euless City Council in which a request for City participation in oversizing of the water and sewer lines in the Shady Brook Addition was in the amount of $2945.41, and that, in March of 1967, a motion was made to pay $1,945.41, as the City Attorney had advised that he could not recommend that the Council pay more than $2,000.00 since bids were not taken according to State statutes. This motion died for lack of a second and Mr. Elliott stated that D.B.R., Incorporated is again requesting the Council's consideration of City participation in this project. City Attorney James Cribbs inquired of Mr. Elliott when the lines were put in the ground. Mr. Elliott stated that on February 21, 1966 he began staking the lines and therefore the actual laying of the lines would have had to be after this date. (Councilman B i l l Byers arrived at this time 8;15 P.M.) Mayor Fuller stated that, in hi,s opinion, there should be some ground work on this matter -- that he does not feel a public meeting is the place to attempt to bring out all of the particular facets involved. Mr. Elliott stated that he would be pleased to discuss this with City Manager Griggs, the City Attorney and Mr. Bauer, if the Council so desi res. Members of the Council were -in agreement with the Mayor's suggestion and Mr. Elliott stated that, with the - Council's permission, he will withdraw the request for the Council's consideration of this matter at this time, and after discussion with the City Manager, the City Attorney and Mr. Bauer, re- schedule it for a later meeting. GREEN HILLS PARK DRAINAGE - MR. MOORE AND NEIGHBORS - 1100 BLOCK ARANSAS City Attorney James Cribbs reminded Mr. Moore that the City had made an offer sometime ago which was rejected. City Manager Griggs informed the Council that a letter had been received in the City Hall from Mr. George Moore, 1104 Aransas, requesting permission to appear before the Council 'to discuss the drainage in the 1100 block of Aransas, which had previously been discuss- ed with the Council. Mr. Moore was present and inquired of the Council if there were plans to alleviate the drainage problem in the 1100 block of Aransas. City Attorney James Cribbs reminded Mr. Moore that the City had made an offer sometime ago which was rejected. (Page Three, Regular Meeting of the Euless City Council, June 27, 1967) Mr. Moore stated that to solve the problem in Green Hills Park would require a complete drainage facility and that the swale which was proposed by the City's Consulting Engineers would not be adgquate; that Green Hills Park does not have adequate openings to carry the water from the area; that all of the water from Green Hills Park comes to a point directly in front of his home where it enters storm sewers. Mr. Moore stated that the people in this area would not accept the proposal which was previously presented, and if they should, the water would be routed on the State's property, which according to the Tax Office is not legal. Mr. Moore further commented that additional improvements to Green Hills Park, specifi- cally the construction of Aransas, North of his property, is causing addition- al problems -- he inquired if this construction could be stopped. Mayor Fuller commented that the City wishes to cooperate with the property owners in the area; however, that he is of the opinion the property owners must cooperate with the City, and that the City must have an easement before they can attempt to make any improvements in the area.. In answer to a question, Mr. Ratliff, Con- sulting Engineer, stated that the Engineers had contours of the area and are s t i l l of the opinion that the swale will serve the purpose. Mr. Moore that the City does which have been suggested by more than likely, another Ce at which. time, possibly, the included. City Attorney James Cribbs explained to not have funds to put in drainage facilities the citizens of this area,, and that, in 1971, pital Improvements Program w i I I be considered Green Hills Park drainage facilities would be I Mr. Moore commented that he' has had- to replace the floor in his house several times, due to the water rising in the house.., Mr., Ratl iff stated -that-,by all rainfall curves the drainage faci.lit:ies in Green Hills Parkshould take care of a five year frequency rain; however, that the rain last year was of a fifty year:frequency,,whi.ch is most unusual for this area. Mr. Ratliff further commented that there was a,creek bed where G.lenn now intersects with Aransas and that the water attempts to go into the natural creek bed. Mr. Ratliff, stated that he-does not believe that any Engineer in Tarrant County would design for fifty year frequency in this area and that in all new subdivisions, the Engineers are recommending an underground pipe with a swale over it_ Mr. Moore stated. that the problem is that all of the water in Green Hills Park comes to one place in order to get out of Green Hills Park, and this is what causes the flood- ing of the 1100 block of Aransas. Mr. Moore inquired if,the City would enter into an agreement to purchase his house if the swale would not carry the water adequately. The City Attorney stated that the City cannot enter into such an agreement. M r . Moore stated_ that i n h i s opinion the swale w i l l not work and he w i I I not permit it to be put in. In answer to a question, Mr. Ratliff, Con- sulting Engineer, stated that the Engineers had contours of the area and are s t i l l of the opinion that the swale will serve the purpose. Mr. Moore that the City does which have been suggested by more than likely, another Ce at which. time, possibly, the included. City Attorney James Cribbs explained to not have funds to put in drainage facilities the citizens of this area,, and that, in 1971, pital Improvements Program w i I I be considered Green Hills Park drainage facilities would be I Mr. Moore commented that he' has had- to replace the floor in his house several times, due to the water rising in the house.., Mr., Ratl iff stated -that-,by all rainfall curves the drainage faci.lit:ies in Green Hills Parkshould take care of a five year frequency rain; however, that the rain last year was of a fifty year:frequency,,whi.ch is most unusual for this area. Mr. Ratliff further commented that there was a,creek bed where G.lenn now intersects with Aransas and that the water attempts to go into the natural creek bed. Mr. Ratliff, stated that he-does not believe that any Engineer in Tarrant County would design for fifty year frequency in this area and that in all new subdivisions, the Engineers are recommending an underground pipe with a swale over it_ Mr. Moore stated. that the problem is that all of the water in Green Hills Park comes to one place in order to get out of Green Hills Park, and this is what causes the flood- ing of the 1100 block of Aransas. 144 (Page Four, Regular Meeting of the Euless City Council, June 2.7, 1.967) able to try the swale as a solution agreement that, if the swale is not property to its prior status. Mr. Moore stated that he might be agree - if the City will enter into a written adequate, the City w i I I restore the City Attorney James Cribbs requested that Mr. Moore submit his request in writing to the City and that the City'will respond i n writing. Mr. Moore inquired if the City would pay for a Consulting Engineer, other than the City's Engineer, to make recommendations for eliminating this problem. Mr. Cribbs stated that the City employs competent registered engineers and stand behind them not only in the f i e l d but in the courts. Mrs. James Norris, who lives on Aransas stated that on Crane Street there is a concrete drainage ditch between two houses and that construction has been stopped there for some time.. She is curious as to why the construction was stopped, and did the Engineers know about this. The Engineer, Mr. Ratliff, stated that he was not aware of this. Mayor Fuller stated that the Developer could have stopped the construction for many reasons. Mrs. Norris stated that a drainage ditch would lower the value of this property. It was pointed out that the City does not suggest a drainage ditch, but a swale, which would allow a gentle flow of water. It was pointed out that a I I of the fences would have to be moved. Mr. Moore inquired if moving-of the fences in order to build the swale would be paid for by the City. The City Attorney stated that he recalls that the City agreed to relocate one fence. Mayor Fuller commented that same of the drainage problems in the Green Hills Park area were inherited by the City from the Developers. Mayor Fuller suggested that Mr. Moore discuss this matter with the City's Consulting Engineer and the City Manager after talking with the people in the area, in an effort to determine the solution to this problem. A visitor (did not give name) inquired who would be responsible in a law suit should some child get hurt in the drainage channel. The City Attorney stated it would depend on who is negligent-- should property owners leave a tire, bicycle, or any item which caused am accident, then the property Owners would be responsible. Should it be the shape, depth, etc. of the channel, then the City would be held negligent. Mr. Moore agreed to discuss this matter with the property owners in the area and advise the City, in writing, of the property owners decision. 145 (Page Five, Regular Meeting of the Euless City Council, June 27, 1967) REQUEST FCR COMMERCIAL PERMIT NPRR4AQ1 g5411H RHORPIQI��rB\ffH3 IN. - W'I'LSH IRE VI LLAGE Mr. Lee Cowel'1', 'representing Mr,. Herman Smith, informed the Council that Mr. Smith is requesting a permit to build an additional shop in His shopping center located in' Wi lshi're Village. He stated that the building w i I I be the same materials and same 'general construction to conform with the existing buildings. He stated the building w i I I be fifty (50) feet by one hundred (100) feet and that Mr. Smith is desirous of the Council's approval at this time. Members of the Council reviewed the plans of the building. City Manager Griggs stated that it had been pointed out -to him that a City Council ruling requires that all Commercial Permits must be presented to the Planning and Zoning Commission. Mr. Cowell commented that he had requested that this matter be presented to the Planning and Zon'ing Commission but the'dorrxnission did not meet at the regularly scheduled time; therefore, he did not have an opportunity to discuss this matter. Councilman Byers made the motion that the Commercial Permit be approved, as requested, subject to approval by the Planning and Zoning Commission. In answer to a,question as to why the - Planning and Zoning Commission did not meet, Mr. Cowell said he assumed it was because the Building Inspector had been on vacation. City Manager Griggs stated that a l l of the plans in this case are in order. The property is zoned commercial and he would recommend that the minute order be waived in order to grant this - commercial permit. ' Also, City Manager Griggs recommended that the City Manager be-authorized to approve Commercial Permits, after having been reviewed by the Building Inspector, if the permit is for an addition to "a Commercial'-'development previously approved by the Planning and Zoning Commission and City Council. ' After considerable discussion, Councilman Byers wi gthdr�!w his mot'ibn. The Counci1 "proceeded to discuss the City Manager's recommendation to permit the administration to approve Commercial Permits, if they are in an area established and approved by the Council and Planning and Zoning Commission. ' 14 6V (Page Six, Regular Meeting of the Euless City Council, June 27, 1967) Councilman Warren made the motion that, in an established commercial area, which has previously-been approved by „the Planning and Zoning Commission and the City Council, the City Manager can approve the Building Permit after plans have been inspected by the 'Building Inspector, if it is ascertained there are no deviations from the original plan. Councilman Fuller seconded -the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Warren Nays: None Mayor Fuller declared the motion carried. . APPROVAL OF COMMERCIAL PERMIT Councilman Byers made the motion to approve the Commercial Permit, as requested by Mr. Herman Smith. Councilman Warren seconded the motion and the vote is as folcbows; Ayes: Councilmen ,Byers, Douglass, Fuller and Warren Nays: None Mayor Fuller declared the motion carried. IV. AUTHORIZE FINAL PAYMENT FCR SAFEWAY STORE RELOCATION Mr. Bi I Ratliff reviewed a letter dated June 21,, 1967, from the Consulting Engineers, which recommends payment of Estimate No. One and Final for the sewer relocation at the Safeway Store site at Highway 183 and Ector Drive. The estimate is in the amount of $1,322.50, which has been placed in escrow by Safeway Stores, Incorporated. Also, an amount for the Inspection fee and Engineering Cost has been placed in escrow with the City Secretary., ..Mr. Ratliff stated that Mr. Brewer, Water Department Superintendent, has inspected the installation and has advised that it is completed in accordance with plans. Mr. Ratliff stated there is no City participation in this project. Councilman Fuller made the motion to approve Final Payment to Tanner Construction Company for the sewer relocation at the Safeway Store site, in the amount of $1,322.50, as recommended by the City's Consulting Engineers. Councilman Douglass seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Fuller and Warren Nays: None Mayor Fuller declared the motion carried. Mr. Rat] iff informed the Council that the plans will be completed within a few days for the drainage structure to be located on the Safeway Site, and he is desirous of the Council's authorization to advertise for bids. Members of the Council concurred with the Consulting Engineer's recommendation; however, there was no formal action taken. V. COMMUNICATION FRCM FAMILY OF STERLING C.' WARD 14T City Secretary Vada Ferris read an express- ion of appreciation, from the family of Sterling C. Ward which was addressed to the City Council, City Commissions and City Employees. She stated Mrs. Ward has personally expressed her sincere appreciation for the Council's kindnesses at the sudden death of her husband several weeks ago. VI. MR, QUICK RESTAURANT uir_LRJAV 13QZ C ITY -CONTRACTOR AGREEMENT Mr. Walter E I I i ott stated that recently bids had been taken on the extending. of the sewer line to the Mr. Quick Restaurant to be located at Highway 183 and Simmons Drive, and the bids were as follows: Cowart Construction Company $2;630:07 Feazel le Construction Company $2,976 .87 Shull Construction Company $3,759.70 Mr. Elliott stated that the owner, Mr. Bobby Nowell and the Contractor recommend ,the approval of the low bid sub- mitted by Cowart Construction Company, in the amount of $2,63.0.07, $51.27 of the $2,630.07 is for the inspection of the facility at its completion. Councilman Fuller made the motion to approve the City- Contractor Agreement as submitted, and authorize the Mayor to sign the City - Contractot Agreement with Cowart Construction Company for the,installation of the sewer line at the new Mr. Quick Restaurant in the amount of $2,630.07. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller and Warren Nays: None Mayor Fuller declared the motion carried. 1 M (Page Eight, Regular Meeting of the Euless City Council, June 27, 1967) CITY - DEVELOPER AGREEMENT Mr. Griggs, City Manager, informed the Council that the City - Developer Agreement presented by Mr, B. R. Nowel 1, the Developer and owner of the Mr. Quick Restaurant has a clause, which states that the Developer w i I I be responsible for refund beginning at an existing manhole in the North right -of -way of State Highway.183 and. Sirr#nons Drive. Thence East to the East right -of -way of North Vine Street on a per lineal foot of construction cost of said sewer line. Mr, Griggs explained that this is a standard form and the request is not unusual; that this request would protect the property owner and permit the property owner to -be reimbursed for extending the line should others decide to tie onto' the line. The City Manager stated that several requests could become a problem; it would necessitate some type of agreement in order for the City not to be liable in case a clerk failed to collect this amount. After considerable discussion, itwas agreed that Mr. Elliott and the City Manager should meet and discuss a possible solution to the collecting of these amounts. VII, COUNCIL CF GOVERNMENTS MEETING ' . CitV Mianager Griggs reminded the Council of the meeting of the Council of Governments to be held at the Inn of the Six Flags on Wednesday, `'June 28'th -,' He advised that reservations had been made I for those who had stated earlier that they would be able to attend. VIII. OBSTRUCTION AT DUGKETT AND NORTH MAIN STREET Councilman Bill Byers stated that, on the property owned by the Texas Highway Department (formerly First Baptist Church on North Main Street), there are .trees and bushes extending to the curb Which block the view and are a hazard to traffic in the area. The City Manager was asked to investigate this matter. N MINI 15104ILYAId\19 ATTEST: IX. The meet'ing adjourned at 9 :50 P.M. APPROVED: Mayor