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HomeMy WebLinkAbout1969-01-2839' Regul a r Meeting of the Euless City Council January 28, 1969 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :10 P. M., i n the Council Chambers of Euless City Hall, by Mayor W. G. Fuller. Councilmen present are listed as follows: Messrs. Frank Douglass, Dan Shull, B i I I Byers and Harold Samuels. (Absent: Councilman Don R. Warren) Also present were City Attorney James Cribbs and Recording Secretary, Mrs. Florence Murr. (City Manager C. J. Griggs and City Secretary Vada Ferris were ill_) VISITORS Visitors i n attendance are listed as follows: Mr. and Mrs. Hugh Waite, Messrs. Walter A. Elliott, Jr., Leo F. Corrigan, Jr., Peter W. Gal ier, Dan Burbin, Ivan Gregory and W. R. Ratliff. I N \ /nrATI nKj The invocation was presented by Council- man B i l l Pyers. FIRST READING OF ORDINANCE REZONING 5.73 ACRES OUT CF SOLOMON HUITT SURVEY FROM "R -1" SINGLE FAMILY RESIDENCE TO "L -I" LIMITED INDUSTRY AND 5.74 ACRES FROM "R -1" SINGLE FAMILY RESIDENCE TO ''R -3" MULTI -FAM I LY RES I DENCE (ZON I NG CASE NO, Mayor Fuller announced that the Council had given consideration to the zoning request submitted by Main Development Company, Inc. for rezoning 5.73 acres out of the Solomon Hui tt Survey, from "R -1" Single Family Residence to "L -I Limited Industry, and 5.74 acres from 'Zingle Family Resi- dence to "R -3" Multi - Family Residence. Councilman Samuels stated that he recalls from the Public Hearing on this zoning request, that there was a question concerning a letter from Mr. Bert Heyl, who owns property north of the tracts in question, Councilman Samuels inquired if this letter had been obtained. Mr. Hugh Waite, representing Main Development Company, Inc., replied affirmatively, and presented a letter from Messrs. Harry F. Austmann and Bert Hey], dated January 27, 1969, and signed by Mr. Austmann, which states, as follows: 240 (Page Two, Minutes of Regular Meeting, Euless City Council, January 28, 1969.) "This is to inform the Council that we have examined the pro- posed zoning change request by Main Development Co., I nc. for land adjoining the southeast corner of our 105 acre tract. VA6 have no objection to the proposed change in use of this land from R 1 to R 3 and L I , and we are i n agreement with the request ." Councilman Shull made the motion to approve f i r s t reading of the Ordinance rezoning the properties, as requested by Main De- velopment Company, Inc. in Zon ng Case No. 183. Councilman Samuels seconded the motion, and the vote is as fol ows; Ayes: Councilmen Byers Douglass, Samuels and Shull Nays: None Mayor Fuller declared the motion carried. CITY ATTORNEY ' S REPORT - ALLSTATE INSURANCE COMPANY CLAIM Property Damage $ 3,000.00 Medical and miscellaneous expenses 1,455-73 Pain and mental anguish suffered 5,000.00 Mr. Cribbs advised that this claim was filed within thirty (30) days of the incident, and on August 26, 1968, the claim was turned over to the City's liability insurance carrier. An investigation was made, and the claim was denied by the Insurance Company. Mr. Cribbs stated that a claim was filed by Mr. and Mrs. Baley under their automobile policy, and Allstate Insurance Company paid for the repair of their automobile, and on November 27, 1968, he received a letter from Mr. Charles Rea, Attorney for Allstate, requesting the reimbursement of $2,487.28, which was paid by his client. Mr. Cribbs stated that the report indicates that the fire truck entered the intersection on a red light, with its red light in operation -- that Mr. Baley had a green light; however, his windows were up, air conditioner and radio were on, and Mr. Raley did not hear the siren. Also, the re- port indicates that Mr. and Mrs. Baley were not wearing seat belts. There were witnesses to the accident; however, their stories differ. The fireman stated that the red light on the f re truck was flashing and the siren was i n operation. City Attorney James Cribbs reported that a damage claim was filed with the City of Euless by Mr. Clarence E. Baley and wife, Maynett Baley, said damages resulting from an accident which occurred at the i-fcr -, section of State Highway 183 and Highway 157 on July 23, 1968, involving a fire truck and a vehicle occupied by Mr. and Mrs. Baley. Mr. Cribbs stated that the claim is for a total sum of $9,455.73, itemized as follows: Property Damage $ 3,000.00 Medical and miscellaneous expenses 1,455-73 Pain and mental anguish suffered 5,000.00 Mr. Cribbs advised that this claim was filed within thirty (30) days of the incident, and on August 26, 1968, the claim was turned over to the City's liability insurance carrier. An investigation was made, and the claim was denied by the Insurance Company. Mr. Cribbs stated that a claim was filed by Mr. and Mrs. Baley under their automobile policy, and Allstate Insurance Company paid for the repair of their automobile, and on November 27, 1968, he received a letter from Mr. Charles Rea, Attorney for Allstate, requesting the reimbursement of $2,487.28, which was paid by his client. Mr. Cribbs stated that the report indicates that the fire truck entered the intersection on a red light, with its red light in operation -- that Mr. Baley had a green light; however, his windows were up, air conditioner and radio were on, and Mr. Raley did not hear the siren. Also, the re- port indicates that Mr. and Mrs. Baley were not wearing seat belts. There were witnesses to the accident; however, their stories differ. The fireman stated that the red light on the f re truck was flashing and the siren was i n operation. 4 1 (Page Three, Minutes of Regular Meeting, Euless City Council, January 28, 1969.) Mr. Cribbs stated that his recommendation to the City Manager was that the City of Euless deny the claim and refer Allstate insurance Company back to the liability carrier for the City, Mr. Cribbs referred to a recent article ap- pearing in the Dallas Morning News which concerns the matter of governmental immunity, which comes from the English Common Law. He stated further that generally, a government is not liable if the operation being conducted is for the health, welfare and safety of i t s c i t i z e n s . M r . Cribbs stated t h a t the C i t y ' s l i a b i l i t y carrier denied this claim on the basis of governmental immunity. Mayor Fuller inquired if Mr. and Mrs. Baley had received medical aid under their insurance policy. Mr. Cribbs stated that most automobile owners carry a policy with limited provisions for personal injuries; however, these people did not receive any settlement from the City's liability insurance carrier. Mayor Fuller stated that he would recommend that the City Attorney follow this matter up and see that Mr. and Mrs. Baley are paid, either by their insurance carrier or the City's Insurance carrier. _ Councilman Shull stated that he would recommend that the City's insurance carrier decide on this matter, and if it is agreeable with Mr. and Mrs. Raley, they wi I I have to go to court. Mayor Fuller stibted that he is of the opinion someone from the City should see that the City's insurance carrier makes a proper investigation -- that if the City pays its premiums, the insurance carrier must take a chance. Mr. Cribbs stated that he is i n agreement -- that this was his recommendation to the City Manager, and he is of the opinion t h i s i s what has been done. Mayor Fuller stated that, in his opinion, if these people do not at least break even, the City should get another insurance company to represent it_ Councilman Shull inquired if this is an un- common case. Mr. Cribbs replied negatively, and a discussion concerning certain duties imposed on the operators of motor vehicles followed, Councilman Byers inquired if the insurance company has the prerogative of taking a case to court. Mr. Cribbs replied affirma- tively. Councilman Byers stated that, in his opinion, we should not tell the City's insurance carrier what to do. City Attorney Cribbs stated that the City of Euless might consider a p o l i c y w i t h a deductible clause, then the City can make i t s own decision as to whether or not it will pay a claim. Mr. Cribbs explained that, at this time, the City has an insurance program whereby the entire claim is re- ferred to the insurance carrier. 242 Councilman Shull stated that he does not think the City should get into the business of paying claims; however, he is of the opinion the insurance carrier should. In reply to a question concerning the number of claims of this type which have been filed against the City of Euless, the City Attorney advised that he is aware of approximately three. Councilman Shull inquired concerning the number of damage claims which have been filed as the result of sewerage back -ups. City Attorney Cribbs replied that there were several, and a lengthy discussion followed. councilman Shull stated that he is of the opinion that twenty -eight or thirty claims have been filed and that the City's insurance c a r r i e r has denied a l l but one of these. Councilman Shull stated that, in his opinion, if the City is going to continue to pay premiums, something must be done -- that the City must have some immunity somewhere; however, in his opinion we are being unfair to the citizens in paying money for these premiums. Mr. Cribbs stated that two law suits were filed for damages against the City -- that the City's insurance company defended in both suits and was successful. Councilman Shull repeated that, in his opinion, it is unfair to the citizens to spend their money for the premiums. Mayor Fuller stated that he would recommend that the City Manager investigate this matter and give a report to the Council. In a discussion on payment of claims, if the City should change to insurance with a deductible clause, Mr. Shull stated that he is of the opinion payment of claims should be made from water and sewer funds because the necessity for paying a great number of claims would make it necessary to increase the sewer rates. Councilman Samuels stated that he does not think payment should be made from tax monies. Councilman Shull stated that he would like for this matter to be brought to the attention of the City Manager and requests that the City Manager investigate the insurance and present a report to the City Council. City Attorney Cribbs stated that, i n his opinion, the Council should be made aware of a I I claims and the disposition of them. Mayor Fuller stated that he recommends that the City Manager, with the assistance of the City Attorney, should investi- gate and determine the action taken by our insurance carrier -- that, in his opinion, the citizens who were injured should be compensated at all times, if possible, either by their insurance carrier or the City's insurance carrier. 43' __.. (Page Five, Minutes of Regular Meeting, Euless City Council, JanLB ry 28, 1969.) FINAL PLAT APPROVAL, ECTOR ARMS (LOCATED NORTH OF SPUR 350 AND WEST OF SHEPPARD DRIVE Mayor Fuller recognized Mr. Walter Elliott, Engineer, who introduced Mr. I_eo F. Corrigan, Jr., Developer of Ector Arms, and Messrs. Peter Gal ier and Dan Burbi n, Architects. Mr. Elliott pointed out the location of the proposed Ector Arms apartment development and advised that the Developers request final plat approval at this time. Mr. E I I i ott pointed out proposed driveways in the addition, stating that the general traffic flow will be from Spur 350 into the property, with a driveway along the East, a driveway through the center of the property and a driveway through the west side of the property. I n reply to a question, Mr. E I I i ott stated that the roadway along the East w i I I be behind the residences on Sheppard Drive. Mr. Elliott advised that the traffic can also flow through Municipal Way and commented that the developers are looking forward to the installation of that street. Mr. E I I i ott stated that the Developers pro- pose to have twenty (20) foot dedicated f re lanes, i n which no parking i s allowed but the streets w i I I not be dedicated because the Developers prefer to exercise some control as to the traffic flow, and the driveways are not designed to handle city traffic. In reply to a question, Mr. Elliott advised that the Developers are aware that they are responsible for maintenance of the streets. Mr. Elliott informed the Council that all of the project w i l l be constructed in one phase -- that bids are being taken at this time and w i I I be received by February 12, 1969. Mr. E I I i ott stated that plans cal for three hundred, eighty -four (384) units, with over two parking spaces per unit =- 12 or 14 spaces i n excess of the number required. I n reply to a question concerning the size of the units, Mr. Gal ier advised that they w I I be one and two bedroom units -- that the smallest u n it w i I I have 716 square feet, and the smallest two bedroom unit contains almost 900 square feet. Mr. Galier advised that the cluster type apartment development will be French Chateau styling, with composition roof coming down from the second story. Mr. Gal ier stated that value of the proposed develop- ment is approximately $3,000,000.00. Councilman Shull referred to a letter from the City's Consulting Engineers, which states as follows: ''As requested by the City Staff, we have reviewed the plans for the subject project and are of the opinion that they conform to the City's policies for such development. We, therefore, recommend this project for your approval. VA6 do have a minor change suggestion which we have discussed with Mr. Elliott; however, it will require less expense to the 2-44 (Page Six, Minutes of Regular Meeting, Euless City Council, January 28, 1969.) Developer; and therefore, we feel certain that it will be acceptable to them." Mr. Elliott explained that in this area, there is some drainage from the school property and other properties -- that the original plans called for four (4) inlets, so arranged to pick up the water which was dumped there -- t h a t the C i t y ' s Engineer, M r . B i I I Ratliff, suggested that two (2) of the inlets be omitted and that the line be stubbed until such time as the street is installed. Mr. E I I i ott stated that he i s i n agreement with Mr. Rat l i f Is recommendation and t h i s change w i l l be made. Councilman Samuels made the motion to con- cur with the recommendation of the Planning and Zoning Commission and approve the Final Plat for Ector Arms, as presented. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Samuels and Shull Nays: None Mayor Fuller declared the motion carried, STREET AND DRAINAGE CONTRACT IVa, CAPITAL IMPROVEMENTS PROGRAM Members of the Council had previously been furnished bid tabulations for Street and Drainage Improvements Contract IVa, which were opened and tabulated on January 23, 1969, as follows: BI DDER Austin Road & Worth Construction Company, Fort Worth, Texas S.R.O. Asphalt, I nc., Arlington, Texas Texas B i t u l i t h i c Company, Fort Worth, Texas BID BOND AMOUNT CF B I D WORKING DAYS X $ 182,636.72 140 X $ 147,809.35 165 X $ 173,111.50 90 Mr. Bill Ratliff, Consulting Engineer, in- formed the Council that the Engineers have carefully considered the bids and recommend awarding the contract to the low bidder, S. R. 0. Asphalt, Inc. of Arlington, Texas, in the amount of fi147,809.35. (Councilman Byers I e ft the Council Chambers at 8:55 P. M.) Councilman Douglass made the motion to con- cur with the recommendation of the Consulting Engineers and award the contract to S. R. 0. Asphalt Co., in the amount of fi147,809.35. Councilman Samuels seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Samuels and Shull Nays: None (Councilman Byers was absent from the room at the time of the vote.) 9, (Page Seven, Minutes of Regular Meeting, Euless City Council, January 28, 1969.) Mayor Fuller declared the motion carried. V. AUTHORIZING INSPECTION CF WORK PERFORMED UNDER CONTRACT IVa BY KNOWLTON- RATLIFF- ENGLISH Councilman Shull inquired if the City's Con- sulting Engineers will inspect the work performed under Contract IVa. Mayor Fuller stated that he would recommend that a job of this size be inspected. Councilman Shull made the motion that the Engineering Firm, Knowlton - Ratliff -Engl ish be authorized to inspect Street'and Drain- age Project Contract IVa, under the terms of their existing contract with the City of Euless. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels and Shull Nays: None (Councilman Byers was absent from the room at the time of the vote.) " Mayor Fuller declared the motion carried. (Councilman Byers returned to the Council Chambers at this time.) Im RESOLUTI0NS NOS, 225 AND 226, SETTING DATE FOR PUBLIC HEARINGS ON ZONING CASE NO . REQUESTED BY MR, ZOLON WILKINS, AND ZONING CASE NO, 185, REQUESTED BY MR, TROY FULLER City Attorney Cribbs presented Resolution No. 225, calling a Public Hearing to consider the request of Mr. Zolon Wilkins for rezoning Lots 21, 22 and 15, Block 12, Cedar Hills Estates, from "R -1" Single Family Residence to "R -3" Multiple Family Residence (Zoning Case No. 184). Mr. Cribbs presented Resolution No. 226, calling a Public Hearing to consider the request of Mr. Troy Fuller for rezoning all of Lot D and the East 48 feet of Lot E, Block 20, Midway Park No. 2, from "C -1" Neighborhood Business District to "C -2" Community Business District (Zoning Case No. 185) . Mr. Cribbs stated that the suggested date for Public Hearings on both cases is February 25, 1969. Councilman Douglass made the motion to approve Resolution No. 225 and Resolution No. 226, setting February 25, 1969, as the date for Public Hearings on both cases. Councilman Shull seconded the motion, 246 (Page Eight, Minutes of Regular Meeting, Euless City Council, January 28, 1969.) and the vote is as follows: Ayes: Councilmen Byers, Douglass, Samuels and Shull Nays- None Mayor Fuller declared the motion carried. am APPOINTMENT OF COMMITTEE TO MEET WITH REPRESENTATIVES FROM H -E -B SCHOOL DISTRICT CONCERNING JOINT -USE OF TRINITY HIGH SCHOOL SWIMMING POCL Mayor Fuller stated that an agreement has not been reached between City Officials and Hurst - Euless - Bedford Public Schools for joint -use of the swimming pool constructed at Trinity High School; therefore, he is desirous of appointing a committee from Members of the Euless City Council to meet with representatives from the School Board. Mayor Fuller commented that there is not much difference of opinion, and he is of the opinion a settlement can be reached in one meeting. Mayor Fuller stated that he is in favor of meet- ing with representatives from the schools and working the problems out. Mayor Fuller appointed representatives from the City Council, as follows: Councilman Dan Shull Councilman Harold Samuels Councilman B i l l Byers to meet with City Attorney James rribbs, City Manager C. J. Griggs and representa- tives from the Hurst- Euless - Bedford School District. Mayor Fuller advised that City Manager Griggs w i l l be instructed to contact either Mr, Charles Wages, Superintendent of Schools, or Mr. Carl Huetter, President of the School Board, and notify the School Officials of the date and purpose of this meeting. no" DISCUSSION CF CHARTER AMENDMENT ELECTION Mayor Fuller recognized Mr. Ivan Gregory, who questioned Proposed Amendment No. 3, to be voted on at the Special Election on February 18, 1969, Mr. Gregory stated that the suggested date does not coincide with the date for School Board Elections. City Attorney Cribbs stated that it was a specific recommendation of the Citizens' Charter Committee that the date for City Elections does not coincide with the date for School Roard Elections. Councilman Shull stated that, in his opinion, some public meetings should be held by the City Council and /or Members of 2 i (Page Nine, Minutes of Regular Meeting, Euless City Council, January 28, 1969,) the Citizens' Charter Committee, for the purpose of discussing the proposed amend- ments with citizens of Euless and explaining the propositions to them. Councilman Samuels suggested that two meetings be held prior to the date of the election. Mayor Fuller stated that, in his opinion, public meetings are very fine and that it would be appropriate for the Citizens' Charter Committee to explain the propositions; however, in his opinion, the Members of the Council should also be present. Councilman Shull made the motion that two Town Hall Meetings be scheduled for Thursday, February 13, 1969, and Monday, February 17, 1969, at 7:30 P. M. in the Community Building. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Samuels and Shull Nays: None Mayor Fuller declared the motion carried, Mayor Fuller suggested that these meetings can be held in the Euless Public Library, if the Community Building is not avail- able on the dates suggested. Councilman Samuels requested that letters be transmitted to Members of the Citizens' Charter Committee, advising them of the meetings and requesting their participation. IX. DISCUSSION OF CONSTRUCT10N ON PEBBLE CREEK, MR, IVAN GREGORY Mr. Ivan Gregory inquired if construction work i n Pebble Creek has been completed. Mayor Fuller stated that he is not sure whether or not the work has been finalized -- that he is aware construction was delayed because of the condition of the creek. in a discussion, it was determined that the floor of the channel has not been concrete lined at this time. ATTEST: -N-t. X X. The meeting adjourned at 9 :20 P. M. APPROVED: Mavor ' 24 9 E 250