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HomeMy WebLinkAbout1967-08-22177 Regular Meeting of the Euless City Council August 22, 1967 CALL TO ORDER Mayor Wi 1,1 i am G,. Fuller called the Regular Meeting of the Euless City Council to order at 8;05 P.M., in the Council Chambers of Euless City Hall, with the following present: Council- men Bill Byers, Frank Douglass, Harold Samuels and Don R. Warren. (Absent- Councilman Bobby R. Fu Ie.r,, on vacati.on.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. JNVOCATION The Invocation was presented by City Attorney James Cribbs. VISITORS �1 "' • 1 �1 • 1 � 1 City Attorney James Cribbs informed the Council that he recommends an amendment to the motion of Item I, Council Minutes dated August 8, 1967, which pertains to the rezoning of properties owned by Sabre Realty Company and located in the Western City Limits of Euless -- this amendment being necessary because of the conditions subsequent in this ,z.on i rig case. After being briefed by the City Attorney, Councilman Douglass made the motion to amend the August 8th motion as follows: "to approve the rezoning, from "A" Residential to "A -3" Apartments, subject to the following conditions subsequent: A. A final site development plan shall be submitted to the City Council within 24 months following final- .passage of the ordinance .effect,i ng the requested changes. Visitors in attendance were Mr. and Mrs. M. T. Douglas, Homer Martin, Hiram E. Pond, Jake J. Morris, Billy H. Boggs; Mesdms;..,R.. E. Owen, Robert Shannon, Robert Andrews, Angus Nichols, Mattie Rolen, Betty Potthoff, Martha .Hand, Li 1,1 ie Reavis. and, L. W. Carroll; Messrs. Arnold Nip Sweet, M. L. Barnett, Charles W. Young, C. 3. Howard, Jr., W. P. Gibbard, Fred Foote, I LI , Jark E. Apwisch, B i I Iy G. Trussel 1, Troy M. Fuller, L. 0. Rolen and Wesley F. Reavis. �1 "' • 1 �1 • 1 � 1 City Attorney James Cribbs informed the Council that he recommends an amendment to the motion of Item I, Council Minutes dated August 8, 1967, which pertains to the rezoning of properties owned by Sabre Realty Company and located in the Western City Limits of Euless -- this amendment being necessary because of the conditions subsequent in this ,z.on i rig case. After being briefed by the City Attorney, Councilman Douglass made the motion to amend the August 8th motion as follows: "to approve the rezoning, from "A" Residential to "A -3" Apartments, subject to the following conditions subsequent: A. A final site development plan shall be submitted to the City Council within 24 months following final- .passage of the ordinance .effect,i ng the requested changes. nm (Pape Two, Regular Meeting of the Euless City Council, August 22, 1967) B. Construction in substantial compliance with the final site development plan as approved shall be commenced within 30 months following final passage of the ordinance effecting the requested changes. C. Construction in substantial compliance with the final site development plan as approved shall have been substantially completed within 36 months following final passage of the ordinance effecting the requested changes." CouncI lman Samuels seconded the motion, and the vote' is 'as follows: Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None Mayor Fuller declared the motion carried. Mayor Fuller inquired if there.were further corrections. There being none, Mayor Fuller stated that the Minutes were approved as written. FIRST READING, ORDINANCE N0. 307, SABRE REALTY First Reading of Ordinance No. 307 Apartments, a 38.626 acre tract of H. McCoy Survey located South of Mi Highway 183. City Attorney James Cribbs presented rezoning from "A" Residential to "A -3" land out of the H. Hust Survey and the )rrisdale.Subdivision and North of Councilman Byers made the motion to approve First Reading of Ordinance No. 307, as presented. Councilman Warren seconded'the motion, and the vote i s as follows: Ayes: Councilmen Byers, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. (Second Reading of Ordinance No. 307, September 12, 1967.) The City Attorney informed the' Counci l that, upon the request of the Developer, it i s the Council's prerogative to grant an extension of time for any of the three phases as set out in the conditions subsequent clause of ah ordinance. The City Attorney stated that the City Secretary should furnish a copy of the Ordinance and the Minute Order to Sabre Realty Company; i n'*order that they may be completely informed on the rezoning of this property. J_ 7 9 (Pape Three, Regular Meeting of the Euless City Council, August 22, 1967) PUBLIC HEARING, LCNE STAR GAS COMPANY'S REQUEST FCR RATE ADJUSTMENT Mayor Fuller opened the Pub] is Hearing for consideration of a rate adjustment request submitted by Lone Star Gas Company. - Messrs. Charles W. Young and C. J. Howard, Jr., representatives of Lone Star Gas Company, were present, and Mr. Young informed-the Council that the rate adjustment, if approved, will result in a 27 cent increase per month f o r the average customer, and t h a t a gas b i l l w i l l not be rendered to any, res i dent i a l or commercial customer not consuming gas during any monthly billing period. Mr. Young commented that the average residential customer in Euless paid $75.96 'for gas service in 1966. Mayor Fuller inquired if there were those present who wished to comment on this rate adjustment request. There being none, Mayor Fuller declared the Public Hearing closed and thanked Messrs. Young and Howard for their presentation. FIRST READING, ORDINANCE NO. 305 DETERMINING LONE STAR GAS COMPANY RATES City Attorney James Cribbs presented First Reading of Ordinance No. 305, determ -i n i ng rates to be charged for sales of natural gas in- the City of Euless. 'The City Attorney stated that this ordinance, if approved, would, reduce the present allowable minimum.of one thousand (1000) cubic feet to eight hundred (800) cubic feet, or a fraction thereof. Councilman Douglass made the motion to approve First Reading of Ordinance No. 305, as presented. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None Mayor Fuller declared the motion carried. (Second Reading of Ordinance No. 305, September 12, 1967.) (Page Four, Regular Meeting of the Euless City Council, August 22, 1967) rv• FIRST READING, ORDINANCE NO. 306 AMENDING LONE STAR GAS FRANCHISE ORDINANCE NO. 18 City Attorney James'Cribbs presented First Reading of Ordinance No. 306, which amends Franchise Ordinance No. 18, the franchise ordinance granted to Lone Star Gas Company to supply gas to the general public in the City of Euless. The amendment (Ordinance No.' 306) provides for an increase of the franchise tax from 21/o to 4% of gross receipts received by Lone Star Gas Company from the sale of gas to its custpmers in the City of Euless. Mr. Young, Lone Star Gas Company's' representative, stated that this increase in the franchise payment to the City of Euless is retroactive to January 1, 1967. Councilman Byers made the motion to approve First Reading of Ordinance No. 306. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers; Warren, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried. (Second Reading of Ordinance No. 306 on September 12, 1967.) V. REZONING REQUEST BY MESSRS, SVVEFT AND BARNETT, PROPERTY AT HARWOOD AND NORTH MAIN Mayor Fuller stated that the required number of-Councilmen are present to consider the ,rezoning request-submitted by Messrs. Barnett and Sweet for rezoning a tract of land at Harwood and; North Main from "A" Residential to "B" Local Business. (This Case was tabled at the last regular council meeting.) Councilman Warren (absent at Public Hearing on August 8th), in:reply to a question by Councilman Douglass, advised that he has read the minutes pertaining to this rezoning request and is of the opinion that further briefing is unnecessary. and available for questions. Messrs. Sweet and Barnett were present I (Page Five, Regular Meeting of the Euless City Council, August 22, 1967) Mayor Fuller inquired if there were those present who wish to speak concerning this rezoning request. There being none, the question was raised as to whether or not the persons in attendance at the Public Hearing on August 8, 1967 had been advised that this matter would be discussed by the Council. The City Secretary answered negatively, and it was pointed out that both proponents and opponents had been heard at the Public Hearing and were advised that this matter would be given consideration at a later date. The Council, being cognizant of the property owners' opinions, agreed it would be unnecessary and repetitious for further comments. Councilman Byers stated that he is of the opinion that this property was to be platted as Commercial several years ago. Mr. Sweet stated that he w i l l submit a letter to the City advising that he wi I I erect the type of fence required by the City. Councilman Samuels made the motion that the zoning be approved in Zoning Case No. 160, as requested, f= "A" Residential to "B" Local Business, subject to the following conditions subsequent: 1. Submission of a Site Plan within 18 months. 2. Initiate construction within 27-months. 3. Complete Site Plan within 30 months. Councilman Byers 'seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Byers, Warren and Douglass Nays: - None Mayor Fuller declared' the motion carried. Messrs . Sweet and Barnett expressed t h e i r appreciation to the Council for consideration of this Zoning Case. (First Reading of Ordinance, September 12, 1967.) VI. LOT REVISION, TIMBERLINE ESTATES, MR. ANDY WINTERS City Manager Grigg's informed the Council that .Mr. Andy Winters, Developer of Timberline Estates, requests a revision of Lots 1, 2 and 3 of Block 4, Timberline Estates. Mr. Winters desires to eliminate Lot 2, which w i I I increase the size of Lots 1 and 3, in order to accommodate larger homes. 1:81. M E OLOYI (Page Six, Regular Meeting of the Euless City Council, August 22, 1967) Members o f " the ' Counc i l rev i ewed_a' plat of the area and were advised that 'the Planning and Zoning Commission recommends approval of Mr, Winters'' request, Councilman Warren made the motion to approve the Lot Revision as requested. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Douglass, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. VI1. COMMERCIAL PERMIT N0. 51, MR, JACK APWISCH City Manager Griggs advised the Council that Mr. "Jack Apwisch`''requests a permit for an addition "to an`exi'strng building located bt'1001 Pamela Drive, which houses Superior Cable Company'.' Mr. Griggs informed the Council that this Commercial Permit request had been approved by the Planning and Zoning Commission, subject to the relocat- ing of the sewer line; .however, Mr, Apwisch has revised his building plans; thereby, making the relocating of the sewer line unnecessary. Mr. Apwisch was present and stated that it has cost him considerable time and money to revise his building plans, in order to comply with the City's requirements. Councilman Samuels 'made the motion to approve Commercial Permit No. 51, as requested by Mr. Apwisch, Councilman Byers seconded the motion,and the vote is as follows: I . Ayes: Councilmen Samuels, Byers, Warren and Douglass Nays: None Mayor Fuller declared the motion carried. VIII. RESOLUTION, SETTING DATE FOR PUBLIC HEARING, REZONING REQUEST SUBMITTED BY MR. JAKE J. MORRIS I Mayor Fuller stated that a Resolution was in order at this time, -calling a Public Hearing on the rezoning of property in Park Crestmoor Addition, the request having been ,submitted by Mr. and Mrs. Jake J. Morris. However, Mayor Fuller'stated that he has been advised by the City Secretary that Mr. and Mrs. Morris desire to withdraw their request. • (Page Seven, Regular Meeting of the, Euless City Council, August 22, 1967) The City Manager read a Statement dated August 21, 1967, signed by Mrs. Jake Morris, requesting withdrawal of the rezoning request, Zoning Case No. 161. Mayor Fuller recognized Mr. Morris, who advised the Council that due to the dissension created in the neighborhood by his request to rezone his property to accommodate an upholstery shop, he desires to withdraw the rezoning request. Mayor Fuller announced that Zoning Case NO.' 16-1, duly recorded in the City Council- Minutes, is officially closed the zoning request having been withdrawn by the applicant, Mayor Fuller recognized Mrs. Li 11 i e Reavis', who inquired'if property in the Park Crestmoor Addition could be rezoned without the residents in the area being advised. Mrs. Reavis was infbrmed that all property owners within two hundred (200) feet of the property considered 'to be rezoned, are advised by registered mail and a legal notice announcing a Public Hearing is published in the City's official newspaper. Mr. Fred Foote, III inquired about deed restrictions and was advised by the City Attorney that the City Council can rezone the property even if there is -a deed restriction. Mrs. L. W. Carroll inquired about the commercial businesses in the three houses on Ridgecrest just North of Highway 183. Councilman Byers explained t h a t a l l property within three hundred '(300)-feet of Highway 183 'was rezoned "C" 'Commercial several years ago and that he is of the opinion this property was rezoned at that time. Mrs. Carroll was advised to contact the City Secretary if she desires to be further informed of this zoning. IX. RESOLUTION NO. 189 - INVESTMENT CF RESERVE BOND FUNDS City Secretary Vada Ferris presented Resolution No. 189, advising that this resolution is for the investment of $6,000.00 of reserve funds in United States Treasury Bonds bearing interest at the rate of 441'Yo and-maturing on May 15, 1974. Councilman Douglass made the motion to approve Resolution No. 189 as presented. Councilman Samuels seconded the motion and the vote i s as follows: (Page Eight, Regular Meeting of the Euless City Council, Augw0% 22. 1967) Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None Mayor Fuller declared the motion carried. X. REZONING FEE - City Attorney Cribbs stated that, possibly, the fee for rezoning property in the City of Euless, forty dollars ($40.00), may not be sufficient to cover publishings of notices, notifying property owners by registered mail and various other expenses involved. The City Secretary stated a report was submitted, to the City Manager, recently, indicating the forty dollars ($40.00) fee is insufficient. City Manager Griggs stated he recommends the Council consider a rezoning fee in the amount of one hundred do,l tars ($100.00), 1 Mayor Fuller requested the City Manager to submit a report on rezoning fees charged by area cities and make a study of actual ,costs for rezoning in the,City of Euless. XI. There being no further business, Councilman Byers made the motion that the meeting he adjourned. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Byers,,Samuels and Warren Nays: None Mayor Fuller declared the motion carried, and the meeting adjourned at 9: 10 P. M. APPROVED: ATTEST: Mavor City Secretary