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HomeMy WebLinkAbout1970-09-22157 Regular Meeting Euless City Council September 22, 1970 CALL TO ORDER The regular meeting of the Euless City Council was cal led to order at 8 :05 P. M. in the Counci 1 Chambers of Euless City Hall, with Mayor A. C. Kraase presiding. Councilmen present were: Messrs. Frank Douglass, Dan Shull, Don Warren, Harold Copher and Dwayne Wi Icox. Members of the Planning and Zoning Com- mission present f o r the j o i n t hearing on proposed amendments to the Zoning Ordinance were: Messrs. Leonard Weber, Harry Arth, Jack Cline, Glenn Walker and E. E. Keplinger. (Absent were Messrs. Richard Leggett and Bill Tench.) The City Secretary informed the Mayor that Mr. Tench called her office late this afternoon, advising that he would have to work until 9:00 P. M., and requested that the Council be adv ised. Also present were City Attorney James Cribbs, Consulting Engineer William R. Ratliff, and City Secretary Vada Ferris. (City Manager C. J. Griggs was absent, attending the International City Management Meeting.) VISITORS Visitors in attendance are listed as follows: Messrs. and Mesdms. Richard Lipphardt, Elton J. Smith and Roy E. Montgomery; Messrs. Jim Street, representing the Fort Worth Star Telegram, Richard Langley, H. B. Shedden, David Crow, Robert G. Montgomery, Troy M. Fuller, George S. Midgley, Roger G. White, Walter A. Elliott, Jr., Edward E. Caygle, Jim H. Meyer, Larry Showalter, Bill Pasteur and Paul Huffhines; Mesdms. Dorothy Langley and Betty Potthoff. INVOCATION The invocation was presented by Mr. William R. Ratliff. APPROVAL CF MINUTES Minutes of the regular meeting dated August 25, 1970, and the regular meeting dated September 8, 1970, were ap- proved as written. 158 (Page Two, Minutes of Regular Meeting, Euless City Council, September 22, 1970) 1. FUTURE LAND USE MAP Mayor Krause announced the Future Land Use Map, as presented by the City Engineer, is to be considered at this time. Mr. Weber, a member of the City Planning and Zoning Commission, stated that the Planning and Zoning Commission is of the opinion that the recommended zoning of the area at the southwest corner of North Main Street and Glade Road (on the map, a small red colored area at this location) should be revised to reflect the original zoning, and not commercial, as indicated on this map revision. Mr. Ratliff stated that his firm had been commissioned to bring the map up to date, and that efforts were made to pre- serve the resideht i a I areas. However, that the opinion is that residents in this general area need a local retail shopping center. Mr. Ratliff further explained that this map is a plan or guide, and does not mean the property is zoned as shown, except in the residential zoning areas. (Councilman Warren arrived at this time - 8:20 P. M.) Mr. Ratliff stated that he understands the Planning and Zoning Commission does not want the commercial area for the anti re block. Mr. Weber stated the Planning and Zoning Commission does not want the property zoned commercial because adjacent property owners may, i n the future, request commercial zoning. In answer to a question by Councilman Copher, Mr. Ratliff stated that, where reasonable, the plan (map) prepared by Robert Caldwell and Associates, had been followed: Councilman Wilcox stated that he prefers the projected zoning remain as presented; developers w i I I know what can be designed for this area. He informed the Council that the City of Grapevine plans a commercial area across the street. Councilman Douglass made the motion to table this item until the developer presents a plan to the Planning and zon- ing Commission. The motion died for lack of a second. Councilmen Shull and Copher commented that this map should not be contingent on the Developer's plans. (City Attorney Cribbs arrived at this time.) 1 IRM (Page Three, Minutes of Regular Meeting, Euless City Council, September 22, 1970) Mayor Krause inquired if there are other comments t o be made i n t h i s case. Mr. Weber stated that the Planning and Zoning Commission had mdde their' recommendation to the City Council, which is to change the zoning in this area to its original status. Councilman Copher made the motion that the map be approved, as drawn and presented by the City Engineer. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Shull, Warren and Wilcox Nays: Councilman Douglass Mayor Krause declared the motion carried. Councilman Douglass stated that the Council rejected an application for commercial zoning in this area. Mayor Krause stated, if he could vote, he would vote with Councilman Douglass. PIPELINE ROAD ASSESSMENT PUBLIC HEARING Mr. Cribbs informed he Council that his late arrival is due to his having presented information to the Bedfiord City Council on the Pipeline Road Assessment hearing to be held og October 13, 1970. He stated that it appears the City of Bedford will concur with the City of Euless on the Assessment. JOINT PUBLIC HEARING CF CITY COUNCIL AND PLANNING AND ZONING COMMISSION TO CONSIDER AMENDING ZONING ORDINANCE NO. 347. SECTION 5 -103 AND SECTION 7 -300 THROUGH 306 (APARTMENT DENSITY) Mayor Krause opened the Public Hearing, and City Attorney Cribbs reviewed the amendment, as follows: "R -3" MULTIPLE - FAMILY DWELLING DISTRICT shall be redefined and the amended 1111-3" Dwelling District shall be denoted a low density multiple - family 160 (Page Four, Minutes of Regular Meeting, Euless City Council September 22, 1970) district and shall be designed to provide for a single family dwelling, town house or row houses and multiple - family dwellings at a density not to exceed twelve (12) units per acre. "11-4" MULTIPLE - FAMILY DWELLING DISTRICT shall be redef tined aind the amended "R -4" Dwel 1 i ng District shall be denoted a medium density multiple - family district and shall be designed to provide for a single family dwelling, town house or row houses and multiple - family dwellings at a density not to exceed sixteen (16) units per acre. "11-5" MULTIPLE - FAMILY DWELLING DISTRICT shall be redefined and the amended "R -5" Dwelling District shall be denoted a high density multiple - family district and shall be designed to provide for a single family dwelling, town house or row houses and multiple - family dwellings at a density not to exceed twenty (20) units per acre. Mayor Krause inquired for comments. Mr. Weber stated there were no ob- jections from the Planning and Zoning Commission. Mr. Walter Elliott was recognized, who stated he requests the Council consider carefully before approving this amendment if the apartment density is compatible with other cities in the area; that he is concerned about the people involved. He inquired about this type zoning in the City of Arlington, and Mr. Cribbs stated the City of Arlington has very broad apartment density, based on number of acres, height of buildings, and several other factors. Councilman Copher stated this proposed apartment density could exist under "Planned Development" in the City of Euless. Mr. Cribbs stated that this is the reason for this amendment; that the City can control the number of apart- ments in "R -3" classification. Mr. Ei l i•ott stated that he requests the Counc.11 delay act +ion at least until the next regular meeting, and give careful consideration to this matter. Mayor Krause recognized Mr. Troy Fuller, who stated that economics should be considered; that loans are difficult to obtain. 161 (Page Five, Minutes of Regular Meeting, Euless City Counci 1 September 2Z, 1970) Mayor Krause recognized Mr. Bi I1 Pasteur, who inquired for a definition of the pvoposed zoning. Councilman Copher explained that if twelve units are desired, the application would be for "R -3 ", if twenty (20) units, apply for "R -5 ", and requests for more than twenty (20) units, would be planned development. Mr. Pasteur stated that, if he served on the City Council or Planning and Zoning Commission, he would want the most desirable plan for the City of Euless, and would admonish Members of the City Council and Planning and Zoning Commission to consider each case care- fully. Mayor Krause closed the Public Hearing and announced that this matter wi I I be considered at the next regular meeting. IV. CITY ENGINEER'S. REPORT Bids - Water Main Replacement and Extensions Mr. Ratliff presented bid tabulation, as follows: Cowart Constructmon Company $16,781.50 Graham Construction Company $16,917.28 Feazell Construction Company $17,497.05 Mackey B. Allen, Incorporat &d $18,808.00 Crowley Construction Company $18,628.04 J. D. Morgan and Company $18,742.20 H. M. Huffman Construction Company $20,209.50 Lewis and Lewis Incorporated $22,456.50 E. H. Shaw, Contraetor $23,620.60 Allison and Henry, Conhractors, Inc. $24,988.24 Ben S i ra and Company $24,993-30 United Contracting Company $30,432.10 (Bids were opened September 10, 1970, at the City Hall.) Councilman Copher inquired if these im- provements will increase pressure in the southeast portion of the City. Mr. Ratliff stated, possibly not, but efforts are being made which will, probably, aid in increasing the water pressure and supply in this area. 162 (Page Six, Minutes of Regular Meeting, Euless City Council, September 22, 1970) Counci Iman Wi Icox made the motion to concur with the Engineer's recommendation and approve the low bid submitted by Cowart Construction Company in the amount of $16,781.50. Councilman Douglass seconded the motion, and the vote i s as follows: Ayes: Councilmen Wilcox, Douglass, Warren, Copher and Shull Nays: None Mayor Krause declared the motion carried. Proposed Municipal Walt, From FM 157 to Ector Drive Mayor Krause read the Council Communica- tion from the City Manager dated September 18, 1970, as follows: Last Tuesday night, I attended a meeting at the First Baptist Church w i t h representatives from a l l of the owners abutting on the proposed new street. The School, First Baptist Church and Ector Arms Development pledged i sufficient funds to take care of the difference pledged by the Masonic Lodge and its actual cost. On this basis, I would recommend the project be advertised for bids, then an exact cost can be allocated to each pl6ce of property. When funds are escrowed, the contract can then be executed. Also, as an aside, it was mentioned by several persons that in all probability, in the near future the C i t y Council w i l l be asked to consider chang- ing the name of the street. One name mentioned was Trojan Drive. Mayor Krause stated he recommends the Council Concur with the City .Manager's recommendation. Councilman Shull made the motion to con- cur with the recommendation of the City Manager and that abutting property owners place money i n escrow with the City as soon as the exact cost for each is determined. Councilman Wilcox seconded the motion, and the vote i s as follows: Ayes: Councilmen Shull, Wilcox, Copher, Warren and Douglass Nays: None Mayor Krause declared the motion carried. 163 (Page Seven, Minutes of Regular Meeting, Euless City Council, September 22, 1970) Mayor Krause expressed appreciation to Reverend Anderson, Pastor of the First Baptist Church, for his intensive efforts in this project. . Mr. Crow was recognized by Mayor Krause. Mr. Crow stated that he requests the City Council consider a new name for Municipal Way; perhaps, Trinity or Trojan. Mr. Crow was advised this should be presented to the Committee for Naming Streets. Cost (Chan4e Order) - Chicago Bridae and Iron ComDany Paint "Home of Trinity Trojans" on New Water Tank Councilman Shull stated that the City Engineer has a proposal from Chicago Bridge and Iron Company for painting "Horne of the Trinity Trojans" on the new overhead storage tank on North Main Street, i n the amount of $975.00. He stated that he has commitments in the amount of $450.00 from various organizations and citizens; however, the painting is to be done soon and a change order must be issued in order to place the painting in the contract. He stated that i n order to approve the change order, the City of Euless must be responsible for the $975.00. Coun- cilman Shull read the communication from Chicago Bridge and Iron Company and advised the tank w i I I be white and the letters in red. Councilman Shull stated t h a t the shadows (black) w i l l have to be dele .tdd due to the expense. Councilman Shull stated that anyone wish- ing to contribute to this project, may leave their money with the City Secretary, Mrs. Ferris. Mr. Arth, a member of the Planning and Zoning Commission, stated that, in his opinion, this is a waste of money and i s unnecessary. He inquired if there are not other worthwhile projects in the City. He stated "Why not paint the name of some other organization on the tank ?" Councilman Shull stated that he does not expect this to be a City project -- that with $450.00 committed presently, he anticipates the balance to be forthcoming from other orgammzations and interested citizens. However, at this time, in order to place this in the contract, the City must assume this responsibility. Mr. Arth inquired of Councilman Shull if he, personally, would guarantee the $500.00 balance not presently committed. Councilman Shull commented he would guarantee this amount, but did not feel it necessary to do so. Mr. Crow stated he did not think Mr. Shull's commitment is necessary; that if the Trinity High students became aware of this project, their contributions would balance the account. 164 (Page Eight, Minutes of Regular Meeting, Euless City Council, September 22, 1970) Councilman Shull made the motion to ap- prove a change order to Chicago Bridge and Iron Company in the amount of $975.00, for painting i1Home of the Trinity Trojans ", as presented in letter dated September 11, 1970. (Copy of letter on file as Council Exhibit in Office of the City Secretary,) Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Shull, Douglass, Copher, Warren and Wilcox Nays: None Mayor Krause declared the motion carried. v. CITY ATTORNEY'S REPORT Discussion - Garage Sale Ordinance City Attorney Cribbs stated he had previously been presented a sample ordinance for controlling garage sales and he needs to know the limitations the Council has in mind. this matter because in competition with an office in Dallas sale items. Also, controlled. Councilman Douglass stated he presented some garage sales in the City of Euless are continuous, local merchants; one person advertising garage sales has and displays items in his home, classified as garage Signs on posts or other display in the City should be Councilman Warren stated that a City Ordinance in existence will - or should - control signs. Mayor Krause recognized Mr. E. C. Caygle, who stated that the City has a specific number of law enforcement officers and consideration should be given to whether or not these officers should neglect more importarnit duties to control garage sales. Councilman Douglass made a motion instruct- ing the City Attorney to proceed, drafting an ordinance to control garage sales, based on the Dallas ordinance, and including other areas in the ordi- nance considered feasible. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Warren, Copher, Shull and Wilcox Nays: None Mayor Krause declared the motion carried. (Page Nine, Minutes of Regular Meeting, Euless City Council, September 22, 197 0) VI . CONSIDER BIDS - CITY VEHICLES Mayor Krause announced that bids for several city vehicles had been received by the City and read the recom- meridation dated September 18, 1970, from the City Manager, as follows: Vt received quotations on four (4) vehicles, a I I from the same firm. I recommend we accept the bid on the three (3) sedans. The prices were in line with what was to be expected and w i l l f u l f i l l our requirements at this time, as we previously discussed. One sedan w i l l be assigned to Mr. Dobbs, one to Mr. Bullard and one to Mr. Brewer. It would be my .plan to trade in the Plymouth station wagon and one pickup. Bids were reviewed by Members of the Counci 1. 165 In answer to a question, the City Secre- tary stated 'that all requirements had been followed (advertis irig and mai 1 ing bid invitations to several firms). Councilman Shull made the motion to con- cur with the City Manager's recommendation. Councilman Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Shull, Warren, Douglass, Wilcox and Copher Nays: None Mayor Krause declared the motion carried. (Bids on f i I e i n Office of the City Secretary as Council Exhibit.) V� RESOLUTION NO. 266 - CALLING PUBLIC HEARING ON ZONING CASE NO. 205, REQUESTED BY MR. BILL PASTEUR Councilman Douglass made a motion to ap- prove Resolution No. 266, setting November 10, 1970, as the date for a Public Hearing on Zoning Case No. 205. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Warren, Wilcox and Shull Nays: None 166 (Page Ten, Minutes of Regular Meeting, Euless City Council, September 22, 1970) Mayor Krause declared the motion carried. V1i1� CITY ATTORNEY ANNOUNCES PUBLIC HEARING City Attorney James Cribbs announced that the assessment hearing of Pipeline Road Improvements is scheduled for October 1 3 , 1970; t h a t Mrs. F e r r i s , City Secretary, w i l l m a i l notices t o a l l abutting property owners on September 23, 1970. He stated that a I I Counci men shou d be present at the hearing and should encourage proponents to be present. IX. MR. ROBERT MONTGOMERY - 1907 MARY DRIVE, MANHOLE CONSTRUCTION Mayor Krause recognized Mr. Robert Montgomery, who stated that, at the last Council Meeting, City Manager Griggs stated that construction of the manhole at this location would begin in a few days. Mr. Montgomery stated that nothing has been done. I The City Secretary (in the absence of i the City Manager) was instructed to check into this matter immediately and see that this project is begun; also, report to the Mayor and Council. Mayor Krause expressed an apology to Mr. Montgomery for the delay. X. GARBAGE PICK UP SERVICE AND MORRISDALE FOUNTAIN, MR. PAUL HUFFHINES Garbage Pick Up Service Mayor Krause recognized Mr. Paul Huffhines, deve oper of Moreisdale Estates. Mr. Huffhines stated that, at the time Morr sdale Estates began development, garbage was picked up at the rear of the homes, and the additional cost was not objectionable to the home owners. However, there are many Morrisdale residents who object to the curb -side pick up of garbage recently imposed by the City. Mr. Elton Smith stated the Morrisdale Estates Subdivision is a beautiful area, which now looks like a ghetto, and 1 167 (Page Eleven, Minutes of Regular Meeting, Euless City Council, September 22, 1970) the garbage situation could be a health problem. Mr. Huffhines stated he requests the Council consult with Mr. McCaffity in an effort to restore pick up at the rear of the homes. Fountain At Entrance, 2nd Increment, Morrisdale Mr. Huffhines requested the City assume payment of the electric and water bills for the fountain. He advised there is a circulating pump in the fountain. Mr. Midgley, a Morrisdale resident, stated that the fountain is dedicated to the City and it is absurd to quibble over the matter. Mayor Krause stated that this fountain does not serve many people. Councilman Wilcox stated that if the fountain is not lighted, a hazardous condition would exist. Mr. Huffhines informed the Council that the City has requested a right -of -way easement on Pipeline Road and, perhaps, an agreement might be reached, i f the City w i l l assume the responsibility of the fountain. City Attorney Cribbs stated he is not informed on the right -of -way easement, but the City would not make any ''deals ''; that each matter, the fountain and right -of -way easement, should be considered separately. City- Attorney Cribbs stated he suggests Mr. Huffhines write the City of the intent of the Morrisdale citizens, then the Council w i l l have something to consider. SEWER BACK -UP COMPLAINT, MR. ROY MONTGOMERY, 501 ATKFRSON 1 A N F XI. Mayor Krause recognized Mr. Roy Montgomery, Councilman Wilcox explained that in this Mid - Cities area, it is difficult to find people to work in the garbage dispos- al business; that Mr. McCaffity has men from several areas working for him. He stated that this plan is for a ninety (90) day trial period and will be evaluated at the end of this period. Councilman Wilcox also stated it is not possible for the City to handle the garbage pick up at this time; that a bond issue would be necessary for financing. Mr. Huffhines stated he requests the Council consult with Mr. McCaffity in an effort to restore pick up at the rear of the homes. Fountain At Entrance, 2nd Increment, Morrisdale Mr. Huffhines requested the City assume payment of the electric and water bills for the fountain. He advised there is a circulating pump in the fountain. Mr. Midgley, a Morrisdale resident, stated that the fountain is dedicated to the City and it is absurd to quibble over the matter. Mayor Krause stated that this fountain does not serve many people. Councilman Wilcox stated that if the fountain is not lighted, a hazardous condition would exist. Mr. Huffhines informed the Council that the City has requested a right -of -way easement on Pipeline Road and, perhaps, an agreement might be reached, i f the City w i l l assume the responsibility of the fountain. City Attorney Cribbs stated he is not informed on the right -of -way easement, but the City would not make any ''deals ''; that each matter, the fountain and right -of -way easement, should be considered separately. City- Attorney Cribbs stated he suggests Mr. Huffhines write the City of the intent of the Morrisdale citizens, then the Council w i l l have something to consider. SEWER BACK -UP COMPLAINT, MR. ROY MONTGOMERY, 501 ATKFRSON 1 A N F XI. Mayor Krause recognized Mr. Roy Montgomery, (Page Twelve, Minutes of Regular Meeting, Euless City Council, September 22, 1970) who informed the Council sewer back -ups have occurred at his home several times this year, and that the latest incident occurred on September 6, 1970, when considerable damage was incurred; that he was informed the City crew found bricks and large boards in the main sewer line. He commented that, in the Spring, when the back -up occurred, he was advised by a man in the sewer department that the City would take care of everything, and that after several weeks, Mrs. Montgomery called the''-City Hall and requested to know why something had not been done. He stated that a few days later, he received a letter from Mrs. Ferris, City Secretary, stating that the City Charter stipulates a damage claim must be filed within thirty days after the indident occurs. Mayor Krause inquired of the City Secre- tary of this incident. Mrs. Ferris stated that, at the time Mrs. Montgomery called, she did not have a report on the matter, and after obtaining a report from the Water and Sewer Superintendent, she was unsuccessful in reaching Mr. or Mrs. Montgomery; therefore, she wrote a letter advising them of the charter provision. . Councilman Copher stated he i s of the opinion that a brief statement should be prepared for the man answering sewer back -up calls to present to the resident. The statement could state the charter provision or inform them to call the Office of the City Secretary. Mayor Krause instructed Mr. Ratliff to investigate the problem at 501 Atkerson Lane and report to the Council. Mr. and Mrs. Montgomery were informed that they would be advised of the Engineer's report. an SPECIAL TRUCK FOR SEWER LINE MAINTENANCE Mayor Krause stated that the City plans t o purchase a special t r u c k to clean sewer l i n e s , which w i l l be used in a regular maintenance program. He also stated that the City inherited these sewer problems, having purchased the Water and Sewer System in 1965. XIII. PIPELINE ROAD CULVERT Mr. Leonard Weber inquired about the new c u l v e r t on P i p e l i n e Road - where w i I I the water go - how w i l l it move from Morrisdale. 169 (Page Thirteen, Minutes of Regular Meeting, Euless City Council, September 22, 1970 Mr. Ratliff advised that a culvert at Bluebonnet Drive w i I I handle most of the water. Mr. Weber stated this could be true at times, but a problem could arise if a severe rain should occur. Mr. Ratliff was instructed by Mayor Krause to prepare a letter for his (Mayor's) signature to be sent to the City of Hurst informing that the improvements on Pipeline Road could aggravate the situation now existing at Bluebonnet Drive. XIV. An 1011DKIRAGNIT The meeting adjourned at10:30 P. M. APPROVED: Mayor ATTEST: I Q�eL% City Secretary 170