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HomeMy WebLinkAbout1970-10-13Regular Meeting Euless City Council October 13, 1970 CALL TO ORDER 171 The regular meeting of the Euless City Council was called to order at 8;05 P. M. in the Council Chambers of Euless City Hall, with Mayor A. C. Krause presiding. Councilmen present were: Messrs. Frank Douglass, Dan Shull, Don Warren, Harold Copher and Dwayne Wi- 1 cox . Also present were City Manager C. J. Griggs, City Attorney James Cribbs, Consulting Engineer William R. Ratl iff and City Secretary Vada Ferris. VISITORS Visitors in attendance are listed as follows: Messrs. Lyman L. Campbell, Lewis R. Fazende, Gary Spaan, A. M. McClelland, M. R..Smyers, Chris Peacock, Wayne Duke, Michael Wyles, Ed Gatlin, Richard Reece, W, S. Mathers, Herschel A. Wren, Earl Holcomb, Joe Swink, R . M. Mahoney, Edward E. Van Name, Sherrod Osborne, B i l l D. McCray, J. T. Hefhis, W. A. Satterwhite, Larry Showalter, Walter A. Elliott, Troy M. Fuller and Bill Pasteur; Mesdms. Lyman Campbell, Lewis Fazende, Gary Spaan, Donna Johnson, Helen Mahoney, Bobbie Van Name, Sherrod Osborne, B i l l McCray, R. Hess, representing The Urbanite, Dorothy Edge, representing the Fort Worth Press, and Betty Porrhoff, representing the Mid - Cities Daily News. i nnirnrnr i Ml The invocation was presented by Mr. Earl Holcomb, at the request of Councilman Copher. APPROVAL CF MINUTES Minutes of the regular meeting dated September 22, 1970, were approved as written. PUBLIC HEARING: CONSIDERING LEVYING CF ASSESSMENTS FOR A PORTION OF THE COST FOR IMPROVING PIPELINE ROAD FROM ARWINE ROAD (HURST CITY LIMITS) TO CENTRAL DRIVE Mayor Krause opened the Public Hearing to consider levying of assessments for a portion of the cost for improving Pipe- line Road from Arwine Road to Central Drive. 172 (Page Two, Minutes of Regular Meeting, Euless City Council, October 13, 197 0) City Attorney Cribbs, at the request of Mayor Krause, explained the cost of the project, as follows: The estimated total cost of improving Pipeline Road $242,480.00 The portion to be paid by the City of Euless $140,873.00 The portion to be paid by the City of Bedford $ 38,000.00 The portion proposed to be assessed against abutting property Owners $ 63,607,00 The total cost per foot of abutting property $ 18.21 The amount proposed to be assessed for curb and gutter $ 3.80 The amount proposed to be assessed for paving $ 3.80 The amount proposed to be assessed for sidewalks $ 3.00 The amount for sidewalks and paving apply to Euless property owners only. Mayor Krause inquired if there are per- sons present who desired to be heard. The following persons spoke in favor of the proposed improvements, excluding sidewalks: 1,4r. Bill McCray, 1104 Pen Oak 11Ir. S. H Osborne, 1001 Driftwood 14r. Lewis Fazende, 3908 Wildwood Mr. Lyman Campbell, 4000 Wildwood I/Ir. Mayo, representing the Fort Worth National Bank Trust Department for the Morris Estate Mr. Herschel Wren, 3900 Wildwood. I/Ir. Edward Van Name, 3902 Wildwood, stated he is opposed to the assessment of both sidewalk and curb and gutter con- struction. Mrs. Sally Campbell, 4000 Wildwood, inquired why sidewalks would not be on both sides of Pipeline Road, since this will be a four lane highway and dangerous for children crossing from the north to the south side to use the proposed sidewalks. signals are designated for f iture installation at the intersections of Drift- wood and Pipeline and Wade 0 1ve and Pipeline Road. I/Ir. Gary Spaan, 3904!,Iwi Idwood, stated he objects to the construction Df sidewalks, and recalls at the meeting at Central Junior High, it was stated t at heavy commercial traffic would be restricted Mr. George Midgeley stated he is represent- ing the Saint Vincent's Episcopal Church, and the Diocese of Dallas is of the opinion the church parsonage should not be considered commercial property, and assessed as commercial property. 173 (Page Three, Minutes of Regular Meeting, Euless City Council, October 13, 1970) Mr. Art Smyers, 801 Nelson Terrace, Bed- ford, stated he is opposed to the street improvements and installation of curb and gutter. Mayor Krause inquired if there were other comments. There being none, he declared the Public Hearing closed. Councilman Shull made the motion to ap- prove the levying of assessments as outlined by the City Attorney and presented on the Assessment Roll. Councilman Copher seconded the motion, and the vote i s as follows: Ayes: Councilmen Shull and Copher Nays: Councilmen Douglass, Warren and Wilcox Councilman Wilcox stated he could not vote for this motion because the people in Euless to be assessed would not benefit, since their property i s to the rear of Pipeline Road; that he i s opposed to sidewalks, because he objects to any assessment for Euless citizens that is not imposed on abutting Bedford residents. Councilman Douglass stated he agrees with Councilman Wilcox; t h a t most o f the c h i l d r e n w i l l be crossing Pipeline Road from Bedford. Councilman Shull stated he has observed the situation at various schools, and it is extremely hazardous for children; that sidewalks would provide some protection for the children walking to and from school. Councilman Wilcox stated he is not opposed to sidewalks, but he feels that property owners whose property backs against Pipeline Road w i I I not benefit from the installation of sidewalks; that he does feel that the City can provide money for the sidewalks. Councilman Shull stated that the City does not have the money, and if this project is financed by City funds, then other areas of the City w i I I expect the same consideration. Councilman Wilcox made the motion to approve the assessments with the elimination of sidewalks beyond thirteen Mr. Walter E I I i o tt stated he has sympathy for the property owners. However, the improvements of Pipeline Road will serve the citizens of Hurst, Euless and Bedford; that he congratulates the City Council and staff, and all who have participated in this project; that if one child's life can be saved by the installation of sidewalks, the pro- ject will be worth more than any anticipated cost. Mayor Krause inquired if there were other comments. There being none, he declared the Public Hearing closed. Councilman Shull made the motion to ap- prove the levying of assessments as outlined by the City Attorney and presented on the Assessment Roll. Councilman Copher seconded the motion, and the vote i s as follows: Ayes: Councilmen Shull and Copher Nays: Councilmen Douglass, Warren and Wilcox Councilman Wilcox stated he could not vote for this motion because the people in Euless to be assessed would not benefit, since their property i s to the rear of Pipeline Road; that he i s opposed to sidewalks, because he objects to any assessment for Euless citizens that is not imposed on abutting Bedford residents. Councilman Douglass stated he agrees with Councilman Wilcox; t h a t most o f the c h i l d r e n w i l l be crossing Pipeline Road from Bedford. Councilman Shull stated he has observed the situation at various schools, and it is extremely hazardous for children; that sidewalks would provide some protection for the children walking to and from school. Councilman Wilcox stated he is not opposed to sidewalks, but he feels that property owners whose property backs against Pipeline Road w i I I not benefit from the installation of sidewalks; that he does feel that the City can provide money for the sidewalks. Councilman Shull stated that the City does not have the money, and if this project is financed by City funds, then other areas of the City w i I I expect the same consideration. Councilman Wilcox made the motion to approve the assessments with the elimination of sidewalks beyond thirteen .174 (Pape Four, Minutes of Regular Meeting, Euless City Council, October 13, 1970) hundred (1300) feet point from the school. Councilman Douglass seconded the motion. Councilman Copher questioned the thir- teen hundred (1300) feet, stating a specific boundary line should'be established. Councilman Wilcox amended the motion to eliminate sidewalk assessments, only abutting Morrisdale. Councilman Douglass approved tF-- amended motion, and the vote is as follows: Ayes: Councilmen Wilcox, Douglass, Shull, Copher and Watren Nays: None Mayor Krause declared the motion carried. ORDINANCE No. 383; FIRST AND FINAL READING, CLOSING PUBLIC HEARING AND LEVYING ASSESSMENT Councilman Copher made the motion to suspend the rule requiring that an ordinance be read on two separate oc- casions and approve First and Final reading of Ordinance No. 383, closing the Public Hearing and levying assessment, as presented by the City Attorpey. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Douglass, Shull, Warren and Wilcox Nays: None Mayor Krause declared the motion carried. (Councilman Shull left the meeting at 8 :45 P. M.) TURN HOUSE DEVELOPMENT PLAN AND SUBDIVISION, REVISION OF ALL LOTS ON THE EAST SIDE OF BLOCK 2 FACING EL CPMINO REAL, LOT 17, BLOCK 1, AND TRACTS 11, 13, 14, 21 AND 22 Mayor Krause recognized Mr. Walter Elliott, who discussed the plat of Sotogrande. i Councilman Douglass inquired about the foot path, previously mentioned, and was informed the plans are too far advances - 175 (Page Five, Minutes of Regular Meeting, Euless City Council, October 13, 1970) ` to include the foot path. Councilman Dpuglass made the motion to concur with the recommendation of the Planning and Zoning Commission and approve the plat and subdivision revision as presented. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Wilcox, Copher and Warren Nays: None Mayor Krause declared the motion carried. IV. EXTENSION OF CONDITIONS SUBSEQUENT A , . LIIED TO "C -2" COMMUNITY BUSINESS ZONING IN ORDINANCE 333 (MOBIL OIL COMPANY TRACT LOCATED AT NORTHAEST CORNER OF HARWOOD ROAD AND NORTH MAIN STREET) Councilman Copher made the motion to con- cur with the recommendation of the Planning and Zoning Commission and approve an extension of eighteen months for Conditions Subsequent applied to "C -2" Community Business Zoning in Ordinance No. 333. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Warren, Douglass and Wilcox Nays: None Mayor Krause declared the motion carried. V. CONSIDER REQUEST FCR EXTENSION CF CONDITIONS SUBSEQUENT APPL I ED TO "C -2" COMMUNITY BUSINESS DISTRICT ZONING IN ORDINANCE NO. 286 (BASIL GEORGES INVESTMENT COMPANY TRACT LOCATED AT THE SOUTHEAST CORNER CF SPUR 350 AND F.M. 157) Councilman Warren made the motion to con- cur with the recommendation of the Planning and Zoning Commission and approve an extension of eighteen (18) months, for Conditions Subsequent applied to "C -2" Community Business District Zoning in Ordinance No. 286. i Councilman Wilcox seconded the motion, and 1 ELI: (Page Six, Minutes of Regular Meeting, Euless City Council, October 13, 1970) the vote i s as follows: Ayes: Councilmen Warren, Wilcox, Douglass and Copher Nays: None Mayor Krause declared the motion carried. V1. APPEAL FRCM VII I LSH IRE TERRACE BAPTIST CHURCH CONCERNING UTILITY BILLING Mr. Krause recognized Mr. Earl Holcomb, representing the Wilshire Terrace Baptist Church. Mr. Holcomb stated he requests the Council consider the water b i l l i n g for the church for the month of June, 1970; that the church membership is small and the water billing is excessive. Mr. Holcomb presented a letter and chart of the water billing. (Copy on file as Council Exhibit in Office of City Secretary.) Members of the Council had been presented a report from the City Manager of an investigation made by City Personnel, in which there was no apparent justification for an adjustment. . It was pointed oat that the meter had not been replaced because the church did not want it done. Mr. Griggs exp16ined that it is possible the meter was under read during previous months. The Council expressed concern for the problem, but explained there is nothing to be done when it seems ewident that water went through the meter. Mr. Holcomb stated that a letter from the City stated an investigation had been made, but did not specify the na- ture or details of the investigation. Councilman Wilcox made the motion that the City Manager send a letter to the church detailing the City's investiga- tion of this matter, and a copy of the letter be sent to the Mayor and Council Members. Councilman Copher seconded the motion, and the vote i s as follows: Ayes: Councilmen Wilcox, Copher, Warren and Douglass Nays: None Mayor Krause declared the motion carried. 177 (Page Seven, Minutes of Regular Meeting, Euless City Council, October 13, 1970) VII. AD VALOREM TAX MATTERS Tax Assessor - Collector's Certificate Mayor Krause recognized Mr. Richard Parks, Tax Assessor - Collector, who stated this is his annual visit to the Counci 1. Mr. Parks read a Tax Certificate (copy previously submitted to the Council for consideration), stating the assessed value for the year 1970 is $77,401,170.00, official tax rate - $.85, official ratio of assessment - 65 %, and total taxes receivable - $657,924.14. Councilman Wilcox made the motion to ac- cept the Tax Assessor - Collector Certificate as presented by Mr. Parks. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Wilcox, Warren, Dopglass and Copher Nays: None Mayor Krause declared the motion carried. Recap of Tax Roll Mr. Parks stated that a recap of the tax roll presents a deduction in the amount of $1,292.84. Councilman Douglass made a motion accept- ing the changes submitted by the Tax Assessor - Collector, resulting in a deduction of $1,292.84. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Warren and Wilcox Nays: None Mayor Krause declared the motion carried and thanked Mr. Parks for his presentation. (Copies o f Tax Materials on f i l e as Council Exhibits in Office of City Secretary. ) 178 (Page Eight, Minutes of Regular Meeting, Euless City Council, October 13, 1970) VIII. PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 347, MULTI - FAMILY DENSITIES (JOINT PUBLIC HEARING OF EULESS CITY COUNC I L AND PLANNING AND ZONING COMMISSION HELD SEPTEMBER 22, 197 0) Mayor Krause announced this-item is tabled until the next regular meeting of the Council. C i TY ATTORNEY'S REPORT IX. Well Site Acquisition Mr. Cribbs stated the negotiation for a new well site is proceeding. Garage Sale Ordinance Mr. Cribbs presented a copy of a garage sale ordinance for consideration. In answer to a question by Councilman Douglass, Mr. Cribbs stated the Ordinance is drawn to amend the Zoning Ordi- nance; therefore, it requires a Public Hearing of the Planning and Zoning Commission. He commented t h e ordinance can be changed to t h e extent it w i l l not be an amendment to the Zoning Ordinance. Councilman Douglass stated it might be a good idea to hold a Public Hearing and obtain ideas of the citizens. (Councilman Warren I e ft the Council Chambers in response to a telephone ca I I at 9:25 P.M.) There was further discussion, and the City Attorney was instructed to prepare a garage sale ordinance to be con- sidered at the next council meeting, without amending the Zoning Ordinance. Assessment Collections The City Attorney informed the Council he will present this item at the next regular meeting. 179 (Page Nine, Minutes-of Regular Meeting, Euless City Council, October 13, 1970 CITY ENGINEER'S REPORT X. Tank Construction Mr. Ratliff informed the Council the water tank construction on North Main is proceeding as scheduled. Menasco Well Mr. Ratliff has been delayed by a few problems, but should Bridge Construction Pipeline Road Near Morris Mr. Ratliff the bridge construction is progressing but has cause of rain. New Well Sites stated the Menasco Well be in service soon. ]ale informed the Council that experienced some delay be Mr. Ratliff stated he and Mr. Griggs, City Manager, have explored sites for future wells, and are negotiating for a suitable site. Councilman Wilcox made the motion author- izing the City Engineer to proceed with plans for anew well. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Wilcox, Copher and Douglass Nays: None Mayor Krause declared the motion carried. (Councilman Warren returned at 9:4d P.M.) Meeting With Trinity River Authority Representatives Mr. Ratliff informed the Council he had met with the Manager of the Northern District, Fiscal Advisors, Legal Ad- visors, and Eng.i.neers of the Trinity River Authority, and they are proceeding to determine whether they can provide the services requested by the City of Euless. Wt (Page Ten, Minutes of Regular Meeting, Euless City Council, October 13, 1970) Municipal Way Mr. Ratliff stated that bid invitations will be announced in about a week. ANNOUNCEMENT BY CITY ATTORNEY: BEDFORD RATIFICATION CF ASSESSMENT - ,PIPELINE ROAD Mr. Cribbs announced he had been advised the Bedford City Council, in regular session tonight, has ratified the resolution for the Pipeline Road assessment of Bedford residents abutting Pipeline Road. XI I. ADVERTISING FOR BIDS FCR THE FURNISHING OF EQUIPMENT - ONE (1) HIGH VELOCITY SEWER CLEANING MACHINE, ESTIMATED COST $7,500.00, AND ONE (1) TRUCK CAB —AND CHASSIS FCR MOUNTING ABOVE, ESTIMATED COST $3,500.00 Councilman Warren made the motion to ap- prove the City Manager's recommendation to advertise for bids for a high velocity sewer cleaning machine and truck and chassis for mounting. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Wilcox, Copher and Douglass Nays: None Mayor Krause declared the motion carried. XIII. COUNCIL OF GOVERNMENTS MEET I NG Mayor Krause announced that the City Secretary needs to be informed of the Councilmen's plans for the Council of Governments meeting to be held-October 2'1, 1970. The Mayor requested Members of the Council advise Mrs. Ferris of their plans by Friday, October 16, 1970. (Page Eleven Minutes of Regular Meeting, Euless City Counci 1 , October 13, 1970 XIV. REGULAR COUNC I L MEETING CF OCTOBER 27, 1970 - CANCELLED Mayor Krause announced cancellation of the next regular council meeting, October 27, 1970, in order for council members to attend the Texas Municipal League Annual Conference, October 25, 26 and 27, 1970. XV. MR. R. M. MAHON EY , 509 WE5TCLIFF - SEWER BACK -UP 181 Mayor Krause recognized Mr. R. M. Mahoney, who inquired what the City plans to do about the sewer back -up problem at h is home. City Manager Griggs stated that Mr. Mahoney had been advised by letter, of the Engineers' recommendations for attempting to correct the problem. Mrs. Mahoney commented that she is un- certain that the recommendation will solve the problem, and if it does prevent sewage from getting in her home, it w i I I have to go some place and will back up in another home in the area. Councilman Copher made the motion that the City Engineer explore a l l feasible means to correct the problem in the vicinity of the Mahoney residence. Councilman Wilcox seconded the motion, and the vote i s as follows: Ayes: Councilmen Copher, Wilcox, Warren and Douglass Nays: None Mayor Krause declared the motion carried. /_191 Xk Z0 LTA I2011 XV1. The meeting adjourned at 10 :05 P.M. APPROVED: ATTEST: Mayor City Secretary 1 8-2