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HomeMy WebLinkAbout1970-11-10185 Regular Meeting Euless City Council November 10, 1970 CALL TO ORDER 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 and Dwayne Wilcox. (Absent: Councilman Harold Copher.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs, Consulting Engineer William R. Rat] iff and City Secretary Vada Ferris. VISITORS Visitors in attendance are listed as follows: Mesdms. Betty Potthoff, representing the Mid - Cities Daily News, Dorothy Neeley, Louella Faulkner, Ann Martin; Messrs. Hugh M. Waite, D. J. G r a z e t t i , B i l l Pasteur, Easy Jernigan, Mike Monroe, B i l l Griffin, Robert C. Thompson, Paul Henderson, Bi I I McCal ley, Tim McEneny, Robert Thomson, John Haeking, Philip Tappe, D. J. Grazetti, Jr., Steve Geer, Steve Nolen, Gary Neeley, Roger Waite, Walter A. Elliott, Jr., E. W. Berry, Jr., Vernon S. Smith, Bob Noonan, Ray Miller, Curtis Harper, Gary Faulkner, David Martin Harold Hammell and George D. Midgley. i nnirnror i Oki The invocation was presented by City Attorney .James C ri bbs. APPROVAL CF MINUTES Minutes of the regular meeting dated October 13, 1970, were approved as written. PUBLIC HEARING: ZONING CASE 205, REQUEST CF MR. BILL PASTEUR FOR REZONING 2.0585 ACRES IN T. JASPER SURVEY. ABSTRACT 861 FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT (.LOCATED ON SOUTH SERVICE ROAD OF SPUR 350, NEAR INTERCHANGE CF 121 AND 350 Mayor Krause opened the Public Hearing on 186 (Page Two, Minutes of Regular Meeting, Euless City Council, November 10, 1970) Zoning Case No. 205 and recognized Mr. Bill Pasteur, who pointed out the area on a map. He introduced the owner, Mr. E. Z. Jernigan, and stated that for the last three years, the property has been taxed as commerical, although it was zoned residential. Mayor Krause inquired if there were other proponents or opponents in this zoning case. Mr. Hugh Waite stated he recommends ap- proval. There were no other comments. Mayor Krause declared the Public Hearing closed and advised Mr. Pasteur this case w i I I be scheduled for the next counci 1 agenda, November 24, 1970. CONSIDERATION OF REQUEST FOR EXTENSION CF TIME APPLIED TO CONDITIONS SUBSEQUENT INCORPORATED IN ORDINANCE 343 (ZONING CASE 17 - TERRY DAVIS SUBDIVISION, LOCATED ON NORTH SIDE OF S. H. 183, APPROXIMATELY 800 FEET VEST OF DEBRA DRIVE . Mayor Krause recognized Mr. Harold Hammett, who stated he is an attorney for Mr. Terry Davis, and Mr. Davis is requesting a one year extension of the conditions subsequent in Ordinance No. 343. Mayor Krause recognized Mr. David Martin, who stated he opposes this extension; that two and one -half years ago, Mr. Terry Davis agreed to complete the project in the time allowed by the City Council, and he has not done so; that a five month extension has been given, and he does not think another extension should be granted. , M r . Hammett stated t h a t a l l requirements have been met, but final construction is delayed due to the money situation. Mr. Martin stated that he is of the opinion t h a t the money s i t u a t i o n w i l l not be different in twelve months. Councilman Wilcox made the motion that a six month extension be granted in this Zoning Case (Ordinance No. 343). Councilman Warren seconded the motion. Mayor Krause inquired if there are other comments and recognized Mr. Gary Faulkner, 813 Eastcliff Drive, who commented that, in fairness to property owners in the area, he is of the opinion this should be the fi n a I extension. Therefore, the property owners would know what to expect. 187 (Page Three, Minutes of Regular Meeting, Euless City Council, November 10, 1970) Councilman Wilcox amended the motion to include the following: If the condition subsequent has not been complied within six months, the applicant must apply to the Council for rezoning; there w i l l be no more extensions in this case. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Wilcox, Warren, Douglass and Shull Nays: None Mayor Krause declared the motion carried. Councilman Douglass stated he is of the opinion it should be noted that this Council cannot bind a future Council. RECOGN "tTTON CF BOY SCOUT TROOP NO. 161 Mayor Krause recognized Mr. Hugh Waite, who introduced Troop No. 161, Boy Scouts of America, sponsored by the First United Methodist Church of Euless. Mr. Waite stated these scouts are working on a Merit- Badge and are in attendance at this meeting for that purpose. Mayor Krause welcomed the Boy Scouts and Mr. Waite, and commended the Scouts for the project. IV. CONSIDERATION OF REQUEST FOR EXTENSION CF TIME APPLIED TO `CONDITIONS SUBSEQUENT INCORPORATED IN ORDINANCE 361 (ZONING CASE 192 - 1.49 ACRE TRACT LOCATED ON WEST SIDE OF NORTH MAIN STREET, NORTH CF SHIELDS PHARMACY Mayor Krause recognized Mr. Paul Henderson, who stated-he represent's Mr. George Gordon, owner of the property i n this case. He stated that Mr. Gordon requests a one year extension of the conditions subsequent in Ordinance No. 361; that the money situation has prohibited the construction of a building on this site, as originally planned. Mr. Henderson stated that the building was planned for a boat business, and, of course, the winter months are not ideal for this business. However, Mr. Gordon is hopeful that, by obtaining a one year extension, construction can be started and Mr. Henderson's boat business w i l l be an asset to the City during the summer months. Councilman Douglass made the motion to i i (Page Four, Minutes of Regular Meeting, Euless City Council, November 10, )970) grant a six month extension of conditions subsequent in Ordinance No. 361, with no further extensions to be granted, and if not complied within six months, the property will revert to its original zoning. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Shull, Warren and Wilcox Nays: None Mayor Krause declared the motion carried. V. CONSIDERATION OF FINAL PLAT FOR TRACTS ONE AND THREE, EULESS SQUARE (LOCATED AT NORTHWEST CORNER CF S. H. 183 AND RAIDER DRIVE) Mayor Krause recognized Mr. Walter Elliott, who pointed'out the area on a map. I Mr. Elliott introduced Mr. Berry, represent- ing Humble Oil Company, and Mr. Vernon Smith, owner of Tract Three. Mr. El 1 iott explained , thatHumble.O i I Company plans a service station on Tract One, and Tract Three is proposed as an apartment development. Mr. Elliott stated this will be a private subdivision, with dedicated fire lanes marked to prohibit parking. He stated that his clients are in favor of changing plans to meet all City, requirements. Councilman Shull made the motion to concur with the recommendations of the Planning and Zoning Commission and approve the Final Plat, Tracts One and Three, Euless Square, with all requirements being met and necessary easements provided. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Shull, Wilcox, Warren, and Douglass Nays: None Mayor Krause declared the motion carried. 189 (Page Five, Minutes of Regular Meeting, Euless City Council, November 10, 1970) V! . CONSIDERATION OF PLAN SUBMITTED BY HANK ANU KLC;KtAIIUN UUIVIIVIII ILL IUK A B U I LDING I N MIDWAY PARK TO HOUSE REST - ROOMS, WORKSHOP AND STORAGE Members of the Counci 1 had been given the plan submitted by the Park and Recreation Committee prior to this meeting. City Manager Griggs informed the Council that he had discussed the plan with Mr. Charles Hunt, Chairman of the Park and Recreation Committee, and it was agreed that a few minor modifications should be made to the plans. Mr. Hugh Waite inquired and was advised that the plumbing is stubbed out at the side of the building. Councilman Douglass made the motion to approve the plans, with possible minor modifications. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Shull, Warren and Wilcox Nays: None Mayor Krause declared the motion carried. Mayor Krause expressed appreciation to the Park and Recreation Committee and instructed the City Secretary to write a letter of appreciation to Mr. McNair for drawing the plans. (Copy o f Plans on f i l e as Council Exhibit in Office of City Secretary.) ON" DISUCSSION: TRADE PROPOSED PARK SITE Councilman Douglass stated there have been several meetings to discuss a trade of a proposed park site in the western section of the City, and 'he is of the opinion, after careful study, that negotiations for a trade should be discontinued at this time. Councilman Wilcox stated the City Council would be remiss by disposing of this tract of land; that it is located near the proposed Sears Store, and he is in favor of discontinuing negotiations at this time. Councilman Douglass stated he recommends discontinuing negotiations because, due to a detailed study, by the City Council, on the land values, the determination is that areas considered are 190 (Page Six. Minutes of Regular Meeting, Euless City Council, November 10, lg]n) not of equal value, and probably w i I I not be in the future. Future land use of the proposed park area w i I I undoubtedly be either and /or commercial or multi - family zoned versus proposed trade lands of residential zoning. He commented that the property owner involved in this proposed trade might desire to place a price on the land in question for the Council to consider for purchase as a future recreation area for the City. Councilman Douglass made the motion that negotiations be discontinued for trade of the lands for park'and recreation use in the western portion of the City of Euless. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Wilcox, Warren and Shull Nays: None Mayor Krause declared the motion carried. CITY ATTORNEY'S REPORT V111. Ordinance No. 384: Garage Sales First Readina City Attorney Cribbs presented and explained an ordinance for regulating garage sales, patio sales and yard sales; limit - ing the number per year, and requir'ing registration at City Hall for these sales. Councilman Douglass stated the Council requested the City Attorney to prepare this ordinance in an effort to regulate garage sales. Councilman Douglass made the motion to approve first reading of Orditnanee No. 384 and instructed the City Secretary to post a copy of the ordinance at City Hal -1, in order for citizens to have the opportunity to read the ordinance and present their comments prior to second reading on November 24, 1970. Councilman Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Warren, Shull and Wilcox Nays: None Mayor Krause declared the motion carried. 191 (Page Seven, Minutes of Reqular Meeting, Euless City Council, November 10, 1970) Assessment Collections City Attorney Cribbs stated that the City Manager, several weeks ago, requested a letter from the City Attorney to property owners delinquent in assessment payments. He stated the letter had been effective to an extent, but it is apparent a different procedure may be necessary. Mr. Cribbs requested the Council's authorization to proceed to collect delinquent assessments. The Council concurred with the request of the City Attorney, and Mayor Krause informed Mr. Cribbs to proceed, as necessary, to collect monies due the City. -CITY ENGINEER'S REPORT IX. Sinclair Refining Company Line To Be Lowered For Municipal Way Improvements Mr. B i I I Ratliff informed the Council that it is necessary to lower a Sinclair Refining Company line in order to build Municipal Way. He stated it is estimated to cost approximately $3700.00, and he recommends the Council authorize this expenditure. In answer to a question by City Manager Griggs, Mr. Ratliff stated this is not included in the Municipal Way improvements bids. Councilman Shull made the motion to concur with the., recommendation of the City Engineer and authorize this commitment to Sinclair Refining Company not to exceed $3700.00. Councilman Wilcox seconded the motion, and the vote i s as follows: Ayes: Councilmen Shull, Wilcox, Warren and Douglass Nays: None Mayor Krause declared the motion carried. Accept Austin Road Company Bid For Construction of Municipal Way Mr. 131 11 Rat] iff presented a tabulation of bids opened November 9, 1970, for the construction of Municipal Way, as f o I lows: 192 Page Eight, Minutes of Regular Meeting, Euless City Council, November 10, 1970) B' I D D E R S TOTAL ANIOLNT B I D A u s t i n Road Company $ 66,650.94 Texas B i t u l i t h i c Company $ 67,204.41 S. R. 0. Asphalt, Inc. $ 67 528.92 L. Grimes & Company $ 68,329.13 Mid - County Asphalt Company $ 69,905.46 Mr. Ratliff stated that his firm recommends acceptance of the low bid, i n the amount of $66,650.94, submitted by Austin Road Company, Fort Worth, Texas, with sixty (60) working days. In answer to a question, Mr. Ratliff stated that working days exclude Sundays and days of extremely bad weather. However, Austin Road Company has equipment i n the area and i s confident work w i l l begin as soon as a work order i s issued. Councilman Douglass made the motion to concur with the recommendation of the City Engineer and accept the low bid of $66,650.94, submitted by Austin Road Company, subject to escrow of monies by adjacent property owners. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilman Douglass, Wilcox, Warren and Shull Nays: None Mayor Krause declared the motion carried. Status of Pipeline Road Proiect Mr. Ratliff stated that the drainage project is about 70% complete and bids for paving and curb and gutter work w i l l be received November 20, 1970. Layne - Texas Company - Change Order No. One Mr. Rat] iff presented Change Order No. One, ap addition to Layne -Texas Company's contract for the addition of a third well and pump. Mr. Ratliff stated that November 15, 1970, is the date set by the contractor to start this work, and if the site is not acquired by November 15, 1970, the Council may have to consider this project again. Councilman Shull made the motion as fol ows : 1. approve Change Order No. One, an addition to Layne -Texas Company s contract to d ri I I Well No. Three, subject to acquiring the site; 193 (Page Nine, Minutes of Regular Meeting, Euless City Council, November 10, 1970) 2. authorize the City Attorney to proceed with condemnation if site is not acquired by November 15, 1970. Councilman Douglass seconded the motion, and the vote i s as follows: Ayes: Councilmen Shu11, Douglass, Warren and Wi Icox Nays: None Mayor Krause declared the motion carried. Menasco Well Mr. Rat] iff reported that the Menasco Well test pumped at eight hundred (800) gallons per minute., which i s f i f t y (50) gallons above the guarantee. DISCUSSION: CHANGING NAME OF MUNICIPAL WAY Councilman Douglass stated that, several weeks ago, the Council was requested to consider changing the name of Muni.c,ipa] Way. He stated he recommends the Committee for Naming Streets consider this request. Mr. David Crow, 107 Shadow Lane, stated that he previously requested Municipal Way be changed to Trojan Drive, and he is again submitting the same request. Councilman Douglass stated he is of the opinion this should be referred to the Street Naming Committee. At the request of the Mayor, the City Secretary advised this Committee is Councilmen Douglass, Copher and Wilcox. Committee for consideration. Mayor Krause referred this request to the X1. REPORT ON COLLECTION CF FUNDS TO' PAINT "HOME CF TRIN ITY TROJANS" ON NORTH MAIN STREET WATER TOE Councilman Shull stated that several businesses, The Trinity High Student Body and football fans at a recent Trinity High School football game, have contributed to the painting of the sign "Home of the Trinity Trojans" and that approximately $41.00 is needed to reach the project total of $975.00. 194 (Page Ten, Minutes of Regular Meeting, Euless City Council, November 10, 1970) XII. REPORT. NORTHEAST CITIES ADVISORY COUNCIL Councilman Wilcox reported that the Northeast Cities Advisory Council needs motivation and that each member is requested to discuss the position of the Advisory Council. Councilman Shull stated he realizes the Advisory Council is time consuming for its members, but he is of the opinion the Mobile Horne Study, made by the Advisory Council, was very good. Councilman Wilcox stated that each Council Member is requested to present, at the next Council Meeting, projects for study by the Advisory Council. Mr. Hugh Wacte agreed to speak to the Northeast Cities Advisory Council in the future, on low cost housing. XIII. STATUS CF AMENDMENT - APARTMENT DENSITY Councilman Douglass inquired of the status of the amendment to the Zoning Ordinance concerning apartment density, stating that this was discussed several meetings ago but not finalized. City Manager Griggs stated that this matter is s t i I I being studied by the Planning and Zoning Commission, and a recommen- dation w i I I be submitted to the Council at the conclusion of the Planning and Zoning' study. XIV, EULESS JAYCEES' PRESENTATION CF COMMUNITY ATTITUDE FACT SHEET Mayor Krause recognized Mr. Bob Noonan, President of Euless Jaycees, who presented and discussed the survey made by the Euless Jaycee Organization. Mr. Noonan stated this survey was conducted over a period of several months, and does not attempt to furnish answers to a I I problems, but the Jaycees are hopeful this information w i I I be beneficial to City Officials. Mr. Ray Miller briefly discussed Page Two of the Survey, explaining that it is self - explanatory. He stated that answers to some of the questions might be different at this time -- he mentioned ''garbage collection16 as an example. 195 (Page Eleven, Minutes of Regular Meeting, Euless City Council, November I0. 1970) Mr. Noonan introduced Mr. Curtis Harper and stated that Mr. Harper had contributed greatly to this project. Mayor Krause stated that this type of report is necessary in order to place with the Texas Industrial Board. Mayor Krause expressed appreciation to the Jaycees for their report and instructed the City Secretary to write a letter o f appreciation to the Euless Jaycees, t o be signed by a l l Members of the Counci 1. XV. MR. MIDGLEY - SIDEWALKS ON PIPELINE ROAD Mayor Krause recognized Mr. George Midgley, 1209 Springwood Court, who stated he wonders why there were no proponents at the Pipeline Road Public Hearing; that the opposition was present and expressed displeasure for sidewalks along Pipeline Road, and he is present now to register his displeasure with the City Council for taking the easy way out by deleting sidewalks from the project because a few people were present who did not want them. XVI . ADJOURNMENT The meeting was adjourned at 9:45 P.M. APPROVED: Mayor ATTEST : City Secretary 196