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HomeMy WebLinkAbout1974-02-12Regular Meeting Euless City Council Februa'ry 12, 1974 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 by Mayor Pro Tem Harold Copher. Other members present were Mrs. W i l l i e Mae McCormick; Messrs. B i l l Dunn, Harold Copher, Darrel Benson, and Harold Samuels. (Absent was Mayor A. C. Krause.) Also present were City Manager C. J. Griggs, City Secretary Vada' Ferris, City Attorneys James Cribbs and Bob McFarland, and City Engineer B i l l Ratliff. V ISITORS Visitors present were: Messrs. Alvin E. Pierce, Walter A. E l l i o t t , Robert Barbers, B i l l Byers, Walt Harris, Don L i t t l e , Willard D i l g , Troy F u l l e r , B i l l Pasteur, Bobby Fuller, Jimmy C. Payton, W. Roy Trahan, W. G. Ragley, Wayne E. Wright, Manning Grinnan, Jr., James Ice, Dwayne Wilcox, R. J. Ozebek, J. R. Stone, T. M. Eisner, Gordon. S. Swift, Andy Winters, Robert Cowan, D. F. Hammonds, Charles Hunt, Carl P. Hankins, Bob Eden, and Bob Jones; Mesdms. Troy Fuller, Edna Pasteur, Tomita Pasteur, Jean Ice, Jolly Jean Rawlings, and Debbie Parish. INVOCATION The invocation was presented by Mrs. Willie Mae McCormick. APPROVAL OF MINUTES The minutes of the regular meeting dated January 22, 1974 were approved with the following correction: Item VIII - Mr. Dunn stated that the minutes should be corrected to read: "next three exits for City of Euless." PUBLIC HEARING FCR CONSIDERATION TO UPDATE FUTURE LAND USE PLAN Mayor Pro T e m Copher opened t h e P u b l i c Hearing to consider the update of the Future Land Use Plan. Members of the Council had previously been presented a proposed Park Master Plan. Mayor Pro Tem Cophe'r recognized Mr. Charles Hunt, Chairman of the Park Board, who pointed out the proposed park sites on a map. Mr. Hunt passed out a page entitled "Suggested Park and Recreation Standards" (Table 4 -1), which he had obtained from the Council of Governments. (Page Two, Regular Meeting Euless City Council, February 12, 1_974) The members of the Council reviewed a map presented to them previously and Mr. Dunn called attention to the fact that the map also encompassed the recommendations on future land use by the Planning and Zoning Commission. Mr. Hunt stated that he is present to discuss the proposed park locations on the Future Land Use Map; that several years ago, the City of Euless did not have park sites adequate for a city the size of Euless; therefore, the Park Board had been working on this Proposed Park Plan. He commented that all members of the Park and Recreation Board have worked diligently on this Plan as well as citizens; that Mr. Troy Fuller has been very helpful in furnishing an aerial map; Knowlton - Ratliff - English - Flowers has made available information on flood plains. Mr. Hunt stated that in his opinion this proposal is a good, . sound, reasonable suggestion fo r the future parks fo r the City of Euless. Mr. Hunt reviewed the plan presented to the Council marked "Proposed Master Park Plan" and discussed several types of parks. He stated that some developers might not desire to develop certain areas of land because it might be undesirable or expensive to develop, and the City possibly might be able to obtain these lands at a reasonable price. He stated that earlier today, it had been determined by several members of the Park Board that it would be wise to 'combine two of the parks previously presented and he pointed. out the area on the map i n order as No. 4 and No. 5 located south of Hwy. 183 and east of Hwy. 157 and stated that by combining these two suggested parks the City would have a park with eleven acres. Mr. Hunt stated if the population of Euless increases, the number of parks would need to be increased. He commented that this plan is not one that can be finalized in two or three years; it is a long range plan. He stated that the Hurst - Euless- Bedford School District has proposed a school site near Ash Lane and the Park Board has proposed this as a future park s ite. Mrs. McCormick asked about the initial cost of acquisition of the park lands, the cost of maintenance and all other related costs for these park sites. Mr. Hunt stated that he is not talking about the cost of the parks but a rule of thumb is $12,500.00 an acre, which does not include acquisition of the land and which would not include a swimming pool, and the various other equipment. Mr. Samuels stated that it seems to him that many of the people are using the school sites, which are already paid for. Mr. Hunt stated that the Park Board has taken this into consideration. It was pointed out that if this plan is approved as proposed by the Park Board, there w i l l be an additional 332 acres of park land in addition to the acres the City presently owns. Mr. Dunn stated that he is concerned about park site No. 10 on the map, commenting that this particular site is surrounded by commercial and industrial zones and he wonders if a park 3 (Page Three, Regular Meeting Euless City Council, February 12, 1974) site in an industrial zone would b.e used. Also, that in order to reach this particular site you would have to cross Hwy 121 (this particular site is located adjacent to. the Bedford city I i m it line.) .Mr. Hunt stated that he is certain that some adjustments will have to be made to the map, but that this particular area is now residential and that maybe apartrrents will be built in this general area in the future. Mr. Dunn inquired about site Locations Nos. 3 and 7 on the map, commenting that these are also in an industrial area. Mr. Hunt stated that some of these sites are undesirable fo r development other than fo r parks and that parks are not just for children, that they can be used for walking, sitting, and jogging; that they are not to be considered just as playgrounds. Mr. Dunn commented that he is in favor of Park and Recreation facilities but he does not understand why parks should be placed in commercial or industrial areas; that it takes this property off the tax roll and the city has to assume the park for maintenance. Mr. Hunt stated that if the City of Euless does not acquire park sites at this time that the land may not be available in the future. Mr. Hunt introduced Mr. Cowan, Chairman of the Council of Social Concerns. Mr. Cowan stated that people need open space; they need to have a place to go and relax during the hectic. times we are experiencing and living in at the present. He commented that he feels that this plan as presented by the Park Board is well in the ball- park and that this arrangement has been recommended by the Council of Governments. Mr. Dunn inquired how many acres of schoolground the city has available as park sites. City Manager Griggs stated he would estimate about 100. Mr. Dunn stated that, with this plan presented by the Park Board, the city would be able to have park land available for 95,000 people. Mrs. McCormick stated that she has heard that there are plans for a private golf course east of Little Bear Creek. She inquired if this would be classified as a park. Mr. Hunt stated that there are semi- private and private land used as parks and that if someone comes in and puts in a golf course, that is great but not all people are interested. in golf. 4 (Pape Four, Regular Meeting Euless City Council, February 12, 1974) . Mrs. McCormick inquired if all people could use a public golf course and she was informed that anyone can use a public golf course but there is a green fee. Mr. Benson requested that Mr. Hunt obtain the number of acres and school sites available for parks as well as the park sites presently located on school sites. Mr. Hunt stated that he would get this information but that he hoped this would not take away from the plan as presented. Mayor Pro Tem Copher inquired if there were opponents and recognized the following: Mr. Buddy Ragley stated that he does not wish to be classified as an opponent, and commended the Park Board for their work on this proposal; however, he is concerned about the cost of acquisition and maintenance and that there are other priorities to be considered such as the Pol ice Department, Library, streets, bonds; and that he feels that the City presently has a good and stable government and the citizens of Euless need to maintain and safeguard this City government. He commented that it has been pointed out many times that the city has not had .a tax increase. but the re- evaluation in the City of Euless this year was actually a tax increase and concerns him very much. He stated that he and his daughter use the city parks and he is in favor of good city parks. He commented that he does not think that we should have to depend on the Council of Governments for information; that the City of Euless has competent officials who can implement their own points. He recommended that the City Council study this park proposal very carefully before its adoption. Mr. Troy Fuller stated that he is definitely for parks in the City and he compl imented the Park. Board on this proposal. He stated he has worked very closely with Mr. Jay Theder and obtained information from the City of Corpus Christi which implemented a similar park program.. He commented that he was advised by a City official of Corpus Christi that actually the City had created what they call "dust bowls "; that the city did not have money to take care of trees, shrubs, etc. and that many of the park sites became dump grounds. Mr. Fuller stated before the city considers approving this plan, they should know where the money is coming from to purchase the land and where the money is going to come from to maintain the parks after they are developed. Mr. Samuels commented that the cost of developing park sites should also be considered. Mr. Walter Elliott stated that he is not in opposition and that he voted in favor of the park proposal in the last bond issue. However, he is concerned about the cost of streets, and the liability placed on the city following the development of a park. Mr. Elliott stated that maybe the City should start developing so that it could bring in more tax money and should take a careful look at how the park sites can be funded before approving this proposal. b (Page Five, Regular Meeting Euless City Council February 12, 1971+) Mr. Bobby Fuller complimented the Park Board for their work and he inquired if people really want parks. He stated that in the Trailwood Addition several years ago, fifteen acres were proposed as a park site and was made available for the city but that there was much opposition from citizens from the Trailwood Addition. Many of the citizens stated that they did not want to be bothered with the traffic and noise which would be generated. Mr. Fuller stated that if this plan i s adopted, and takes 1 5 years t o develop a l l these s i t e s , what w i l l happen in the meantime. - He stated that he would sti I I have to pay taxes on the land in his sub - division; that is classified as a future park -site. He commented that he was concerned what he could do as a property owner. He feels that these questions need to be answered before this plan is approved. Mr. Jimmy Payton complimented the Park Board, stating that he realizes that many hours of- work were spent on this project and that the City Council has a duty to consider the plan for all citizens of Euless but that a plan is .futile if you do not have funds. He stated that earlier in this meeting it was pointed out that until the plan has been finalized, perhaps some consideration should be given to developing more fully the park sites presently owned by the City and zero in two or three sites needed, develop and use them. He stated the city needs. to carefully consider the funding of these sites before approving this plan. M r . B i l l Pasteur stated that he compliments the Park Board for their work; however, he agrees with Mr. Elliott that sometimes Master Plans are passed and then in the future it is difficult to change them. He stated that perhaps the City should have a park purchasing schedule. He stated t h a t the City w i l l have to have money to pay fo r streets, utilities, and equipment for all of these parks. He commented that he would like to see this plan studied further before it is approved. Mayor Pro Tem Copher commented that - the City of Euless does need to consider police and fire protection, streets and all other services which the City must provide for its citizens, but the City of Euless does need a .Park Master Plan. Mayor Pro Tem Copher inquired if there were other proponents. or opponents in the audience. There being none, he declared the Public Hearing closed. Mayor Pro Tem Copher instructed the City Manager to present the recommendations of the Planning and Zoning Commission t o update the Future Land Use Plan and the Council w i l l consider the proposal as presented by the Planning and Zoning Commission and the Park and Recreation Board at the next City Council meeting. (A copy o f the proposed Park Master Plan and Future Land Use Map are on f i l e as a Council Exhibit in the Office of the City Secretary..) (Mayor Pro Tem Copher declared a five minute recess of the Council meeting.) 6 (Pape Six, Regular Meeting Euless City Council, February 12, 1974) 11. APPLICATION FOR FRANCHISE UNDER ORDINANCE NO. 41 FCIR THE OPERATION CF THE TRI -CITY TAXI SERVICE , Mayor Pro Tem Copher recognized Mr. Dwayne Wilcox who stated that he is representing Mr. Forest Hammonds. He commented that Mr. Hammonds is .requesting a franchise to operate the Tri -City Taxi Service in the City of Euless; that at the present time, the City of Euless does not have taxi cab service. . He advised the Council Mr. Hammonds is a resident of the, City of Euless and owner of the Ranch House Cafe and the taxi cab service would operate from the Ranch House Cafe at the present time, if approved. He stated that Mr. Hammonds presently has a permit to operate his cabs in the City of Bedford and plans to request a permit in the City of Hurst. Mr. Wilcox presented an application of Certificate of Necessity and Convenience signed by Mr. Hammonds, a copy of Mr. Hammonds financial statement, letters from several motels in the area stating their need for taxi service in the City of Euless. Mr. Wilcox stated that Mr. Hammond's proposal is to operate two or three vehicles a t the present time and w i I I increase the number as passenger needs increase; that the automobiles will be light color with identifying marks. He stated the service intends to charge a flat rate of $4.50 per person within the City• of Euless to the Da11as /Fort Worth Regional A i r p o r t , other rates w i I I be $2.00 for the first mile. He( commented that Mr. Hammonds had complied with the City ordinance for insurance coverage and that the City ordinance specifies the City may request franchise fee of 2% or less. However, Mr. Hammonds proposes a fee of $125.00 for the franchise tax until. the operation of the taxi service increases sufficiently to justify a larger amount. Mr. Wilcox stated that presently the police department receives calls for transportation service; and that a taxi company in the City of Irving is presently op- erating in the City of Euless without a permit., Replying to a question by Mr. McFarland, Mr. Wilcox stated that the automobiles will be 1973 or better, properly i d e n t i f i e d , a i r conditioned, and w i l l be a 24 hour operation. as presented by Mr. Wilcox. Mr. Dunn moved to approve the request Mrs. McCormick seconded the motion. Discussion followed concerning that a time should be established for the Council to review the operation. Mr. Wilcox suggested that the Council approve the request and allow the City Attorney's to meet with him to work out the details. Mr. Copher stated that he suggests that the City Attorney prepare an agreement and present it at the next Council meeting for consideration detailing the items discussed. carif (Page Seven, Regular Meeting Euless City Council, February 12, Mr. Dunn withdrew his motion. Mrs. McCormick withdrew her second. The City Attorney was advised to prepare an agreement to be reviewed at the next Council meeting. CONSIDER FINAL PLAT APPROVAL - JOHN GROVES ADDITION, REQUEST CF 'CHAMPLIN OIL COMPANY (PROPERTY LOCATED IN THE JOHN GROVES ADD- ITION ON THE EAST SIDE CF RAIDER DRIVE AND SOUTH SIDE OF HWY. 183) Mayor Pro Tem Copher recognized Mr. Alvin Pierce representing Champlin 0 i I Company who requests final plat approval for property located on the east side of Raider Drive and south of Hwy. 183. The City Council had reviewed a letter that was dated January 29, 1974 from t h e C i t y ' s Engineer, B i l l Ratliff, in which Mr. Ratliff comments as follows: "1. V' would suggest that rather than continue the open ditch and driveway culvert arrangement on Highway 183 that curb and gutter and connecting pavement be constructed along Highway 183. It would appear- that the volume of water is such that no underground drainage would be necessary if curb and gutter is constructed, and we feel it consistent with our previous recommendations to provide that improve- ment at this time. 2. W would recommend that storm drainage be constructed con- tinuous along the East side of Raider Drive. However, we would suggest that no street - construction be installed at this time until Raider Drive can be improved totally. VVhen Raider Drive is constructed, th is property owner may be assessed or the City could require deposit of the funds at this time. 3. There is no simple solution to the drainage on the South line of this property. Apparently the natural drainage in this area was rather undefined and the run -off generally spread over the property to the South of this tract. However, with the construction of the two buildings that are now South of this property, some definition must be given to the route of this storm water. Any improvement that is attempted on the Champl in tract wi I I require improvements downstream because the grade is so flat that there is no point at which this property owner can release the flow. - It would be our recommendation that the City of Euless receive a dra i na ge easement from the Champl in 0 i 1 Company as a separate instrument to provide for the later construction of improvements along the route shown on these plans. It would also be our suggestion that the City receive, in escrow, funds in whatever 8 (Page Eight, Regular Meeting Euless City Council, February 12, 1974) amount the City deems reasonable which would have been required of Champlin to have been spent on their tract. In the future when the property to the South of this tract is developed and a route for the storm water can be determined, those funds can be combined with the funds contributed from the property on the South and a total drainage system installed. It is our opinion that the amount contributed should be based on an open channel with a concrete liner; however, since the channel involved is a boundary facility, it would appear that some responsibility should be borne by the property to the South. Therefore, it would be a Council decision what portion of the channel improvements should be put in escrow by Champlin and what portion should be withheld and attributed to the property on the South." Mr. Pierce stated that he concurs with the recommendations in Item 1 and 2 of the Engineer's letter but that he requests the Council consider deferring the construction of curb and gutter, storm drains, and drainage channel until such time as a building permit is requested, or Raider Drive is improved. He commented that also escrowed funds would be a bother and he would prefer to be assessed at a later date. Mr. Ratliff stated that the drainage is ill- defined on the plat and if it is approved as presented it would be a problem to change in the future. Mr. Ratliff stated that his recommenda- tions in the letter are presented because this has been the policy of the City at the time of platting. Mr.McFarland inquired if Mr. Pierce would agree to furnish a letter of credit. Mr. Pierce stated that this would be acceptable to Champ l in Oi 1 Company. Mr. Benson inquired how they could escrow funds or furnish the letter of credit when they are not aware of the cost of the project. Mr. McFarland stated that an agreement could be drawn up to specify that Champlin would pay when the time comes. Mr. Samuels moved to approve the plat as follows: 1. Acceptable contract prepared by the City Attorney to be attached to the plat. 2. Defer Items 1 and 2 in the Engineer's letter and 3. City Attorney approve dedicatory language. In reply to a question, the City Manager stated that he recommends the Council concur with the City Engineer's letter. Mr. Samuels withdrew his motion. 9 (Page Nine, Regular Meeting Euless City Council, February 12, 1974) . Mr. Samuels moved to approve the final plat as follows: 1. Subject to concurrance of Items 1 and 2 in the City Engineer's letter with the exception of curb and gutter on Raider Drive. 2. City Attorney approve agreement to be executed by Champlin 0 i I Company obligating Champlin 0 i I Company for payment of cost of construction of necessary drainage facilities and cos't of Raider Drive curb and gutter at such time property is developed. 3. Subject to dedicating by way of separate instrument drainage easements conditioned upon approval by City Engineer and City Attorney as to form. Mr. •Benson- seconded the motion and the vote is as follows: Ayes : Messrs. Samuels , Benson, Dunn, Copher and Mrs. `McCormick Nays: None carried. Mayor Pro Tern Copher declared the motion IV. PRELIMINARY PLAT APPROVAL ' WAFFLE HOUSE ADDITION NO. 1 REQUESTED BY VVAFFLE HOUSE CORPORATION (PROPERTY LOCATED ON THE NORTH SIDE CF HUFFMAN DRIVE, WEST CF BYERS AND SOUTH CF SPUR 350) Mayor Pro Tem Copher recognized Mr. Jimmy Stone who stated he is representing the Waffle House Corporation. Mr. Stone presented colored pictures of the Waffle House structures and a menu for the Council's review. The Council reviewed the plat as presented. Replying to a question, Mr. Stone stated that the Waffle House proposed for the City of Euless plans to be in operation 75 days after March 1. He stated that the Waffle House Corporation concurs with all items outlined in -the Engineer's letter dated January 30, 1974. Mr. Dunn moved to concur with the recommendation of the Planning and Zoning Commission and approve the preliminary plat of the Waffle House Addition No. 1 subject to the City Engineer's letter dated January 30, 1974. Mrs, McCormick seconded the motion and the vote i s as follows: Ayes: Mr. Dunn, Mrs. McCormick, Messrs. Benson, Samuels, and Copher Nays: None 10 (Pape Ten, Regular Meeting Euless City Council, February 12, 1971+) Mayor Pro Tem Copher declared the motion carried. (Copy of Engineer's letter on file as Council Exhibit.) V. PRELIMINARY PLAT APPROVAL - AIRPORT BUSINESS PARK ADDITION, REQUESTED BY MR. DUBOSE (PROPERTY LOCATED BETWEEN SOUTH PIPELINE ROAD AND HWY. 183, WEST CF EULESS INDUSTRIAL PARK AND EAST CF INTERNATIONAL REGIONAL I NDUSTR IAL PARK) Mayor Pro Tem Copher recognized Mr. Gordon Swift, Consulting Engineer for Mr. DuBose. Members of the Council had reviewed a plat of the area located between South Pipeline Road and SH 183, west of Euless Industrial Park and east of International Regional Industrial Complex, a letter from Mr. Bill Ratliff dated January 29, 1971+, a letter from Mr. Ratliff dated February 8, 1974, and, a letter from Mr. John Scott, Euless Fire Marshal and Mr. C. C. Livingston, Euless Fire Chief dated February 8, 1974. The letter from Mr. Ratliff dated February 8, 1974 reads as fo I lows: "We have received the revised prel iminary layout for Airport Business Park Addition. As a result of the Planning and Zoning Commission meeting on February 5, th is layout has changed substantially since the Planning and Zoning review, and in our opinion, the general street and lot configuration is more desirable. Access onto Highway 183 has been improved by movement of American Drive to the West so that it is in line with a median break and American Drive has also been taken through to Pipeline Road, which provides at least a double access to . the property for fire protection purposes. There are some elements of the water and sewer plan which we believe to be less than desirable; however, it would appear that a detailed analysis of water and sewer should be withheld until the street and lot layout is finally determined. Therefore, we would suggest that approval of water and sewer layout be held pending your approval of a general layout. If we can be of further assistance in your review of this project, please do not hesitate to call." Mr. Swift introduced Mr. Tom Eisner, Vice President of DuBose Corporation, who informed the Council that at the time this project was proposed to ,the City, he was informed by a member of the City staff that there would be a choice of lining the channel or providing a perpetual maintenance agreement. He stated that they do not want to remove all of the trees; that they want to landscape the area and have purchased the land based on a statement from the City staff that a (Page Eleven, Regular Meeting, Euless City Council , February 12, 1974) perpetual maintenance agreement on the channel would be acceptable. The City Engineer reviewed his letter dated January 29, 1974, a portion of which follows: "9. The major drainage traversing this property is shown by a typical section to be a 22 foot bottom with 4:1 side slopes in an earthen condition. In the past few years, the only drainage course which the City'of Euless has allowed to be developed without either concrete lining or a perpetual maintenance agreement has been Little Bear Creek, which, of course, is not practical under either method. It is our opinion that the number o f property owners who w i l l eventually bound on the drainage shown on this tract precludes a responsible owner to whom the City could look for perpetual maintenance; and therefore, that method of conclusion is not an acceptable one. It is our opinion that, unless some concrete lining is provided for with the development of this t r a c t , the City w i l l ultimately be faced with such improvement of th is right -of -way at th is time." Mayor Pro Tem Copher stated that the City of Euless has had difficulties with drainage ditches in Euless and that they are attempting to correct the problem. Mr. Eisner stated that-the DuBose Corporation owns both sides of the creek and that they are primarily industrial developers; that their main business is leasing. In reply to a question, The City Manager stated that he recommends the channel be lined. Mr. Samuels stated that the property owners wi I I assume the responsibility of the perpetual maintenance of the property adjacent to their property, if its not. lined. Mr. Dunn moved to approve the preliminary plat as recommended by the Planning and Zoning Commission which would require a perpetual maintenance agreement as a part of the deed, and each lot have a perpetual maintenance agreement that abuts the: ditch. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Dunn and Mrs. McCormick Nays: Messrs. Benson, Samuels, and Copher Mayor Pro Tem Copher declared the motion failed. Mr. Samuels moved to approve the preliminary plat with the requirement that a perpetual maintenance agreement be provided by one owner and as the l o t s on the channel are s o l d , the channel w i l l then be concrete lined. 12 (Page Twelve, Regular Meeting Euless City Council, February 12, 1.974) After further discussion, Mr. Samuels withdrew his motion. Mr. Dunn moved that the property along the drainage ditch be in the name of one property owner who would be responsible for the perpetual maintenance agreement. Mr. McFarland stated that in this case, a new plat would be necessary; that the thirteen lots would have to be platted separately from the rest of the project. Mr. Swift stated that if the channel is lined, the City assumes the responsibility for maintenance of the channel. Mr. Dunn's motion died for lack of a second. Mr. Copher moved to approve the prelim- inary plat subject to compliance with all items of the Engineer's letter dated January 29, 1974 which requires a concrete 1 ined channel and con - currance with comments in the City Engineer's letter dated February 8, 1974. Mr. Benson seconded the motion and the vote is as follows: Ayes: Messrs. Copher, Benson, Samuels, and Mrs. McCormick Nays: Mr. -Dunn Mayor Pro Tem Copher declared the motion carried. (Copy of Engineer's letter on file as Council Exhibit in Office of the City Secretary.) VI. CONSIDER AN ORDINANCE ADOPTING AND INCORPORATING BY REFERENCE ORDINANCE NO. 71-100 KNOWN AND CITED AS THE "AIRPORT ZONING ORDINANCE CF THE DALLAS - FORT VVCRTH REGIONAL AIRPORT:' AS ADOPTED BY THE JOINT DALLAS -FORT VVCR1H ZONING BOARD ON DECEMBER 16, 1971 The Council discussed the proposed ordinance and the City Attorney was instructed to make various changes in the ordinance and submit a copy to the Airport Zoning Board and that any comments from the Airport Zoning Board should be presented to the Planning and Zoning Commission before being discussed again by the City Council. VII. AV IGAT 1 CN EASEMENT FORM APPROVED Members of the Council had reviewed an avigation easement form and agreed that it should be approved as submitted and 13 (Page Thirteen, Regular Meeting Euless City Council, February 12, 1974) that the City Manager is authorized to use this avigation easement form as necessary. easement form as presented. vote is: as follows: Mr. Benson moved to approve the avigation Mr. Samuels seconded the motion and the Ayes: Messrs. Benson, Samuels, Dunn, Copher and Mrs. McCormick Nays: None carried. Mayor Pro Tem Copher declared the motion VIII. RESOLUTION NO. 336 - ADOPTING PERSONNEL RULES AND REGULATIONS Members of the City Council have reviewed the proposed personnel rules and regulations and a resolution to adopt the rules and regulations. Mr. Dunn moved to approve Resolution No. 336 adopting the personnel rules and regulations as presented and declaring such rules and regulations shall become operational upon subsequent adoption of a schedule of job classifications. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Dunn, Mrs. McCormick,; Messrs. Samuel s, Benson, and Copher Nays: None ca rri ed. Mayor Pro Tem Copher declared the motion IX. ORDINANCE NO..465: FIRST AND FINAL READING PROHIBITING WEEDS, BRUSH AND ail-ER VEGETATION CONSTITUTING A NUISANCE Members of the Council reviewed a proposed ordinance prepared by the City Attorney and it was agreed that Paragraph 3 should be changed to include "except pasture land used for grazing of livestock ". Mr. Benson moved to suspend the requirement for two readings of the ordinance and pass Ordinance No. 465 on first and final reading. Mr. Copher seconded the motion and the vote is as follows: 14 (Pape Fourteen, Regular Meeting Euless City Council, February 12, 1974) Ayes: Messrs. Benson, Copher, Samuels, Dunn and Mrs. McCormick Nays: None ca rri ed. Mayor Pro Tem Copher declared the motion X. AGREEMENT FCR ENGINEERING SERVICES WITH KNOWLTON - RATLIFF- ENGLISH - FLOWERS, INC. Members of the Council reveiwed an agreement for Engineer's services submitted by Knowlton - Ratliff -Engl ish- Flowers, Inc. Mr. Griggs explained that the City has a contract with the Engineers for the water and sewer system appropri- ations and negotiations and also for the design of street and drainage facilities. A letter dated February 6, 1974 from M r . B i l l Ratliff stated that the EPA has notified Knowlton-Ratliff-English- Flowers that funds would not be made available for engineering services on the Boyd Branch sewer project unt.i1 the contract fo r engineering services with the City of Euless has been filed with the EPA. Mr. Ratliff's letter suggests that a single agreement be executed that would cover a I I publ ic works projects. M. Ctibbs stated that he has reviewed this contract and he suggests that the Council delete Section XI - Liability, and add IX Arbitration that either party hereto 'shall have the right of recourse to the courts without binding arbitration." Mr. Samuels moved to approve the agree- ment for engineering services, with the City Attorney's comments. Mr. Dunn seconded the motion and the vote is as follows: Ayes: Messrs. Samuels, Dunn, Copher, Benson, and Mrs.. McCormick Nays: None carried. Mayor Pro Tem Copher declared the motion IX. REGIONAL TRANSPORTATION POLICY ADVISORY COMMITTEE Mayor Pro Tem Copher appointed Messrs. B i l l Dunn and Harold Samuels to serve as the two elected officials to represent the City of Euless on the Regional Transportation Advisory Committee. 15 (Page Fifteen, Regular Meeting Euless City Council, February 12, 1974) XII. COUNCIL REPRESENTATIVE APPOINTED TO SERVE WITH CIVIL SERVICE COMMISSION Mayor Pro Tern Copher appointed Mr. Darrel Benson as the City Council representative to serve with the Civil Service Commission. Mr. Copher requested that the class- ification and benefits schedules be prepared as soon as possible for the City Council to consider for adoption. XIII. CITY ATTORNEYS REPORT ON TRACT ANNEXED INTO CITY CF EULESS (A. J. HUITT SURVEY) Mr. Dunn stated that recently members of the Council had received a letter from Mr. James Cribbs concerning Mr. Huie's property annexed into the City of Euless in Huntington Place Addition. The Council was reminded that the property was commercial when it was in the City of Fort Worth and that when it was annexed by the City of Euless it became residential. Mr. Griggs reminded the Council that, actually, the property was in the county prior to annexation by the City of Euless. Mr. Cribbs stated that he wrote the letter to merely advise the Council that possibly there will be future (correspondence with Mr. Huie. The Council agreed to give consider- ation to this item at such time a request is received. XIV. CITY SECRETARY INSTRUCTED TO WRITE DALLAS/ FORT WORTH REGIONAL AIRPORT BOARD Mayor Pro Tem Copher instructed the City Secretary to write the Dallas /Fort: Worth Regional Airport Board concerning the take off of planes from the airport; that some of the planes are not reaching the altitude designated before making their turn and are therefore flying over residential areas. (Page Sixteen, Regular Meeting Euless City Council, February 12, 1974) ADJOURNMENT XV. The meeting adjourned at 12:05 A. M. APPROVED: ATTEST: Mayor js/ Vada Ferris City Secretary