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HomeMy WebLinkAbout1967-09-12185 Regular Meeting of the Euless City Council September 12, 1967 CALL TO ORDER Mayor William 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: Councilmen B i I I Byers, Frank Douglass, Harold Samuels,, Don R.' Warren and Bobby R. Fuller. Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. IAI\ /r) '4TIllAI The Invocation was presented by Councilman Harold Samuels. VISITORS Visitors in- *attendance were Messrs. Richard Parks, Tax Assessor - Collector, Orville Durham and young'son, C. J. Howard, Charles W, Young, B. J. Felts, Consulting Engineer Bill Ratliff, and David Jones, representing the Fort Worth Star Telegram; Mesdms. Betty Potthoff, representing Mid - Cities Daily News and Dorothy Edge, representing the Fort Worth Press. APPROVAL OF MINUTES The Minutes of the Regular Meeting dated August:' 22, 1967, were approved as written. ORDINANCE NO. 307; REZONING 38.626 PROM "A "JO 0 "A -3" APARTMENTS, SABRE REALTY City Secretary Vada Ferris presented Second Reading of Ordinance. No, 307, rezoning a 38.626 acre tract of land out of the H. Hust Survey and H. McCoy Survey from "A" Residential to "A -3 "Apartments, as requested by' Sabre Realty - said property being located South of Morrisdale Subdivision and North of Highway 183. Councilman Frank Douglass made the motion to approve Second Reading of Ordinance No. 307 as presented. Councilman Bill Byers seconded the motion, and the vote is as follows: I.• (Page Two, Regular Meeting of the Euless City Council, September 12, 1967) Ayes: Councilmen Douglass, Byers, Fuller, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. (Official Copy of Ordinance No. 307 on file in Office of City Secretary.) r ORDINANCE No. 305, DETERMINING LONE STAR GAS RATES City Secretary Vada Ferris presented Second Reading of Ordinance No. 305, determining rates to be charged for sale of, natural gas in the City of Euless. Councilman Harold Samuels made the motion to approve Second Reading of Ordinance No. 305, as presented. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Fuller, Warren Douglass and Byers Nays: None Mayor Fuller declared the motion carried. (Officia Copy of Ordinance No. 305 on f i l e in Office of the City Secretary.) ORDINANCE NO'. 306, AMENDING LONE,' STAR GAS FRANCHISE ORDINANCE NO. 18 City Secretary Vada Ferris presented Second Reading of Ordinance No. 306, which amends Ordinance No. 18, Lone Star Gas Franchise Ordinance. The amendment provides.,for an increase (2% to 4 %) in the franchise tax paid by Lone Star Gas on gross receipts from the sale of gas within the City of Euless. Councilman Byers made the motion to approve Second Reading of Ordinance No. 306, as presented. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Samuels, Fuller, Warren and Douglass Nays: None Mayor Fuller declared the motion carried: (Official Copy of Ordinance No. 306 on f i l e in Office of the City Secretary.) 18-71 (Page Three. Regular Meeting of the Euless City Council, September 12, 1967) IV. FIRST READING CF ORDINANCE REZONING LOT 10, BLOCK 18, MIDWAY PARK ADDITION, FROM "A" R E S I DENT S A L TO 111311 LOCAL BUSINESS. SWEET AND BARNETT City Secretary Vada Ferris presented First Reading of an Ordinance rezoning Lot 10, Block 18, Midway Park, First Filing, from "A" Residential to "B" Local Business, as requested by Messrs. Arnold N. Sweet and Mitchell L. Barnett. Councilman Fuller made the motion to approve First Reading of the Ordinance rezoning Lot 10, Block 18, Midway Park, First Filing from "A" Residential to "B" Local Business, Council - man.Warren seconded the.,motion, and the vote is as follows: Ayes: Councilmen Fuller, Warren, Douglass, Byers and Samuels Nays: None Mayor Fuller declared the motion carried. (Second Reading of Ordinance at Regular Meeting, September 26, 1967.) 1. V. 70n11n1r- GGG City Manager Griggs presented a cost study report relating to the fee charged for rezoning property. The present fee is $40.00, and the City Manager informed the Council that, based on a research of one hundred sixty two (162) cases on record, the costs to thp, City of Euless is approximately '$156.00, to rezone property. The costs include, for the Planning and Zoning Commission and 'the City Council, the following: Preparation of Case Publication of Notice -- Certified- Letters .. Location Prihts Preparation of letter, legal Publication of Ordinance Holding Meetings and,C_lean -up $ 36.00 22 .00 10.00 8'. 00 notice and ordinance' 24.00 26.00 30.00 TOTAL $ T56.00 City Manager Griggs stated these costs indicate that a reasonable fee would be $150.00, and the applicant would be eligible for a refund of $75.00, if withdrawn at the end of the Planning and Zoning Commission action. • (Page Four, Regular Meeting of the Euless City Council, September 12, 1,967) .Councilman Douglass questioned the costs for holding the meeting and'the clean -up, and locating prints and photo copies. There was' further discussion on.-fees charged by other cities in the area and a specific time limit for a,refund. Councilman Warren made the motion to initiate, immediately,. the following: 1. A fee in the amount of $150.00 for zoning district changes, and 2. A refund, in the amount of $75.00, if the applicant presents a written request for withdrawal of the case within forty- eight (48) hours following the. Planning and Zoning Public_ Hearing. Councilman Fuller seconded the motion, and the vote is. as follows: Ayes: Councilmen Warren, Byers, Fuller and Samuels Nays: Councilman Douglass , Mayor Fuller declared the motion carried. VI , CERTIFICATE CF OCCUPANCY MOB L HOMES SALES (RAIDER DRIVE AND HIGHWAY N0, 18 3) City Manager Griggs informed the Council that a Certificate of Occupancy for the purpose of estab.l ishing a sales 'office for mobil hornes'has been requested by Mr. Orville Durham. Mr. Durham was recognized by Mayor Fuller and advised the Council that the property located at the Northeast corner'of Raider Drive and Highway 183, belonging to Mr. John Hutchenson, is zoned commercial, and the building on the property, which was formerly a service station, w i I I be used as a sales office. A drawing was presented, depicting the property and Mr. Durham's plan for displaying the trailers. Councilman Byers expressed concern of the'displaying of trailer homes in poor condition, which, perhaps, would not sell as readily as better models, and, thereby, creating an undesirable display. 189 (Page Five, Regular Meeting of the Euless City Council, September 12, 1967) Councilman Douglass was advised, in I n answer to a question, that a portion of the tract i s graveled, and the remainder i s covered in bermuda grass. Councilman Douglass inquired about lighting, and was advised by Mr. Durham that, recently, Texas Power and Light Company has placed a large light fixture in the area which will provide adequate lighting. Mayor Ful I e r expressed' concern about the drainage in the area and was informed by Mr. Durham that, 'in his opinion, the drainage is adequate to the extent that water would not rise into the trailers. Mr. Durham stated that he had hoped to'use one of the trailers to house a night watchman, in order to prevent vandalism, but had been informed that occupancy of one of the trailers would be in violation of a city ordinance; therefore, he had dismissed this part of his planning. Mr. Durham stated that water and sewer connections are available to this tract. Councilman Douglass; in reply to'a question, was informed by the City Attorney that a Certificate of Occupancy may be granted for a specified time, in an effort to determine the satisfactory operation of the business. Councilman Byers made the motion to concur with the recommendation of the Planning and Zoning Commission and 'grant -the Certificate of Occupancy for a period of one (1) year. councilman Warren seconded the motion, and the vote is as follows: Aye$: Councilmen Byers, Warren, Douglass„ Samuels and F u l l e r Nays: None Mayor' Fuller declared the motion carried. Mr. Durham expressed concern of renewal of the Certificate of Occupancy, stating that this wi I I be a sizeable investment and he plans to make improvements which do not seem feasible without assurance of renewal of this certificate. Mayor Fuller informed Mr. Durham that i f.the "business is managed properly and a l l ordinances are complied with, 'there i s I i tt I e doubt that the Certificate of Occupancy would not be renewed. Mayor Fuller expressed appreciation to Mr. Durham for the information provided in this matter. Uil. COMMERCIAL PERMIT NO. 52, SAFEWAY STORES, INC. City Manager Griggs informed the Council that Safeway Store, Inc. requests a commercial permit for their b ' u i l d i ' n g , t o be located a t Ector and Highway 183; that a l l requirements have been met, in accordance -with plans prepared by the City's Consulting (Page Six, Regular Meeting of the Euless City Council, September 12, 1967) Engineers for the relocating of the sewer line and. the, construction of a storm drain. He stated that the Planning and Zoning Commission recommends approval of the commercial permit and that the City is participating in costs of the improvements, to the site. Mayor Fuller recognized Mr. Felts, repre- senting Safeway Store, Inc., who commented that Mr. Herman Smith is the builder and Safeway Stores is anxious to begin construction of their store. Councilman Samuels made the motion to concur with the recommendation of the Planning and Zoning Commission and approve the building plans as submitted and award commercial permit number 52 for the construction of the Safeway Store at Ector and Highway 183. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: . Councilmen Byers, Douglass, Fuller, .Samuels and Warren Nays: None Mayor Fuller declared the motion carried. Vlll. STREET NAMING COMMITTEE RECOMMENDS "MUNICIPAL WAY" Members of the Street Naming Committee, Councilmen Fuller, Samuels and Douglass, discussed the street to be named, which w i I I be opened between Ector Drive and State Highway 157, along the South l i n e of the Masonic Lodge and the Trinity High School.. The committee being unable to decide on a name, prepared ballots and'requested the City Secretary to draw one of three. "Municipal Way" is the name which appeared on the ballot drawn by the City Secretary, Mrs. Vada Ferris, and Mayor Fuller officially declared the designated street as Municipal Way. EM ORDINANCE NO,� 308 ESTABLISHING TAX RATE City Manager Griggs read Ordinance No. 308 setting the Tax Rate for the year 1967 at 85 cents per $100.00 valuation. Councilman Douglass stated that he has reviewed the proposed budget and is of the opinion the increasing cost of operating the City, the rapid growth of the area and to care for the needs of the citizens of the City of Euless, that the recommendation of the City Manager to set the tax rate at 85 cents is justified. (Dr. Warren left'the Council Chambers at this time, 9:00 P.M., in response to a telephone call.) Councilman Byers stated that he considers this is a fine budget and very conservative. 191 (Page Seven, Regular Meeting of the Euless City Council, September 12, 1967) Councilman Fuller stated that it is about as conservative as a budget can be and yet give our citizens the-best services. (Councilman Warren returned to the Council Chambers kit this time.) Mayor Fuller commented that in previous budgets it has been difficult to determine departmental costs; however, that this proposed budget specifies departmental costs and that, in his "optriion', it a :,very fine effort. The Mayor stated that the City Manager and Staff should be complimented and that he feels that the City is on the road tb' good management under the present administration. Councilman Douglass made the motion that the rule whereby an ordinance must be presented on second reading be dis- pensed with, and Ordinance No. 308 be declared an emergency- ordinance and passed on f i r s t and f i n a l reading. Councilman Byers seconded the motion, and the vote' i s as follows: Ayes: Councilmen Byers, Douglass, Fuller, Samuels and Warren Nays': None Mayor Fuller declared the motion carried. (Councilman Samuels left the room at this time.) _ U APPOINTMENT OF CPA FOR ;ANNUAL-19 - 7 AUDIT City Manager Griggs stated that he recom- mends the firm of Arthur Young and Company to be employed as the City's Certified Public Accountants for another year, after discussing the financial records and reporting procedure with the City Secretary, Mrs. Ferris . (Councilman Samuels returned to Council Chambers at this time.) (Councilman Warren left Council Chambers in'response to a phone call.) Councilman Samuels made the motion to concur with the City Manager's recommendation and approve the appointment of Arthur Young and Company as the auditing firm for the annual 1966 -67 audit. Councilman Fuller seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Fuller and Samuels Nays: None i (Page Eight, Regular Meeting of the Euless City Council, September 12, 1967) (Councilman Warren absent from the room at the time of the vote.) Mayor Fuller declared the motion carried. XI . POLICY PERTAINING TO STREET CO�ISTRl1CTION City Manager Griggs stated that Ordinance No. 121, adopted in 1959, is a very good ordinance, but the City, since adoption of this ordinance has permitted deviations, which are considerably below the standards of street durability specified in the ordinance. He commented that by complying with the existing ordinance, future maintenance and repair costs will be reduced greatly, and improve the comfort and safety of the users. (Councilman Warren returned to the Council Room. ) Mr. Ratliff, the City's Consulting Engineer, stated that at the time his firm was employed as the City's Consulting Engineers, the ordinance and a supposed amendment to Ordinance No. 121 were furnished and he had no reason to disbelieve that the amendment had not been approved by the City Council; however, it seems apparent that this amendment was self - imposed by an individual several years ago and not ratified by the Euless City Council. He commented that he is in agreement with the City Manager about enforcing Ordinance 121. Councilman Warren made the motion that the City Manager be authorized to comply with Ordinance 121 as written. Council- man Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Fuller, Samuels and Warren Nays: None, Mayor Fuller declared the motion carried. Councilman Warren stated that, in his opinion, all ordinances should be enforced. Councilman Douglass commented that he recommends that the City Manager make a study on sub -grade preparation for presentation to the City Council. (Councilman Warren left the Council Chambers in response to a phone call.) 193 (Page Nine, Regular Meeting of the Euless City Council, September 12, 1967) XI I. RESIDENTIAL SEWER RATES Councilman Samuels made the motion to confirm the policy that sanitary sewer service be allowed only to those customers served by the Euless City Water Works. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Fuller, Byers and Douglass Nays: None (Councilman Warren absent from the Council Chambers at the time the vote was taken.) XIII. A DJDU RNME NT Councilman Fuller made the motion that the meeting adjourn. Councilman Samuels seconded the motion, and the meeting adjourned at 9:20 P.M. Ayes: Councilmen Douglass, Fuller, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. ATTEST: City Secretary APPROVED: Mayor Councilman Samuels commented that he noted that the proposed expenditures and revenues for sewer operations in the proposed budget necessitate a study and opinion and that he recommends that the City Manager be instructed to present a report on sewer costs and charges to the Council, as soon as possible. It was determined that a vote was unnecessary on this matter. Councilman Samuels made the motion to confirm the policy that sanitary sewer service be allowed only to those customers served by the Euless City Water Works. Councilman Fuller seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Fuller, Byers and Douglass Nays: None (Councilman Warren absent from the Council Chambers at the time the vote was taken.) XIII. A DJDU RNME NT Councilman Fuller made the motion that the meeting adjourn. Councilman Samuels seconded the motion, and the meeting adjourned at 9:20 P.M. Ayes: Councilmen Douglass, Fuller, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. ATTEST: City Secretary APPROVED: Mayor 194 -,,