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HomeMy WebLinkAbout1968-05-1477 Regular Meeting of the Euless City Council May 14, 1968 CALL-TO ORDER The regular meeting of the Euless City Council was called to order in the Council Chambers of.Euless City Hall at -8:05 P.M., with Mayor W. G. Fuller presiding. The following Council- men were present: Messrs. Bill Byers, Dan Shull, Frank Douglass and Don R. Warren. (Councilman Harold Samuels arrived at 9 :45 P. M.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. INVOCATION The Invocation was presented by Council- man Bill Byers. VISITORS Visitors in attendance are listed as follows: Mr. and Mrs. David A. Martin, Gary Faulkner, A. C. Reece, George T. Jackson, Jr. and L. W. Britton; Mesdms. Dale Douglass, Carroll J. Soles, Jo Michand, Marie Williams, Renee Randolph, Myrtle Hallauer, Jolene McCordel l , J. B. Branan, Brad Goldsmith, Hazel Blaschke, Martha Hand and Betty Potthoff; Messrs. Richard Simon, T. Z. Hamm, Gordon Swift, W. M. Morris, M. L. Coker, Melvin C. Michand, Harry Bell, R. H. Hallauer, D. E. McCardell, Bob Jones, James Branan, Bobby R. Fuller, Bernie Blaschke and B. C. Blaschke. APPROVAL OF MINUTES The Minutes for the Regular Meeting dated April 23, 1968 were approved as written. PUBLIC HEARING, ZONING CASE NO. 176, MR, TERRY DAVIS, REZONING 7.202 ACRES NORTH OF HIGHWAY, 1$3 AND SOUTH OF EAST CLIFF, FRCM "A" RESIDENTIAL TO "A -3" MWil- Auy,iwM-S Mayor Fuller opened the Public Hearing on Zoning Case No. 176 and recognized Mr. Simon, a Fort Worth Attorney. Mr. Simon stated that he is representing Mr. Terry Davis, a developer, who is requesting rezoning of 7.202 acres out of the,J. M. Downen Survey, from "A" Residential to "A-3" Apartments (this property located North of Highway 183 and South of East C I i f f Drive). W o (Pape Two, Minutes of Regular Meeting, Euless City Council, May 14, 1968.) Mr, Simon presented and discussed a plat of the area and stated that the apartments w i l l be "Town House" type, with an emphasis to create separate dwellings, similar to single family dwellings. He state3d that after meeting with the Planning and Toning Commission and being advised that the Site Plan was not desirable because of the density, the plans have been changed to twenty (20) apartments per acre, instead of twenty -five (25), which was originally planned. Mr, Simon stated that he has consulted with Mr. Bullard in the City's Building Permit Department and been advised on the proper set -back and a l l city regulations. Mr. Simon said there was some comment at the Planning and Zoning Meeting concerning East C l i f f Drive. He stated that if the City Council does not desire to have East C I i f f as a through - street, the Developers are prepared to change their plans to this effect. In answer to•a question, he stated that the one - bedroom apartments w i l l be leased for $155.00 per month, the two - bedroom apartments for $215.00 per month and studio apartments for $250.00 per month and that tenants will-be required to sign a long -term lease, in order not to attract transients. Councilman Shull inquired about a fence between the houses on the North and the apartment complex. Mr. Harrm stated that a fence is to be on the property line. Coainci lman Shull inquired about the apartments which w i I I be on the North of the complex adjacent to the resi- dences. Mr. Harrm explained that every effort has been made to arrange the apartments to avoid a direct view of the residential property. . (Councilman Warren left the Council Chambers at 8:40 P.M., i n answer to a telephone call,) Councilman Douglass inquired of the cost and was advised the apartment (exclusive o f land) w i l l be in excess of one million dollars, Mayor Fuller informed Mr. Hxrm that the required time for the proponents had been used and recognized Mr. Alvin Wi I I iams, Attorney for some of the property owners in the.area. Mr. Williams stated that he has offices in North Richland Hills and that he represents citizens who do not oppose Mr. Simon introduced Mr. Hamm, who presented plates of the different floor plans, commenting that the one -bed- room apartments wi 11 have 1008 square feet, the two - bedroom apartments w i I I have 1074 square feet, and the studio apartments w i I I have 1262 square feet, and there will be parking places for two hundred, fifty -one (25.1) cars. He stated that there wiI be virgin trees adjacent to the residences on the North. In answer to•a question, he stated that the one - bedroom apartments w i l l be leased for $155.00 per month, the two - bedroom apartments for $215.00 per month and studio apartments for $250.00 per month and that tenants will-be required to sign a long -term lease, in order not to attract transients. Councilman Shull inquired about a fence between the houses on the North and the apartment complex. Mr. Harrm stated that a fence is to be on the property line. Coainci lman Shull inquired about the apartments which w i I I be on the North of the complex adjacent to the resi- dences. Mr. Harrm explained that every effort has been made to arrange the apartments to avoid a direct view of the residential property. . (Councilman Warren left the Council Chambers at 8:40 P.M., i n answer to a telephone call,) Councilman Douglass inquired of the cost and was advised the apartment (exclusive o f land) w i l l be in excess of one million dollars, Mayor Fuller informed Mr. Hxrm that the required time for the proponents had been used and recognized Mr. Alvin Wi I I iams, Attorney for some of the property owners in the.area. Mr. Williams stated that he has offices in North Richland Hills and that he represents citizens who do not oppose (Page Three, Minutes of Regulat Meeting, Euless City Council, May 14, 1968) the apartments but are interested. in the City of Euless and are present for the good of the City -- that they are not here -to protest; however, there are some unfavorable aspects in this zoning request. Mr. Williams stated that he is speaking f o r a l l citizens of Euless, not only those present at this meeting, when he asks if this zoning is best for the City. (Councilman Warren returned to the Council Chambers at 8:45 P.M.) Mr. Williams read from the Texas State Statutes - Article 10114 -- which, generally, applies to zoning regulations. Mr. Williams commented on East Cliff, i n the residential area, stating that when cars park opposite each other there w i I I be no room for passing. He stated that it is only natural that people who live in the apartments will go.through Wilshire instead of crossing Highway 183 to take their children to school and to go to the shopping c center i n the area. . He reiterated this is not a protest group -- they are present to inform and advise the council. Mr. Williams commented that if there was ,a reasonable buffer zone, the plan might be more equitable. He stated that garbage cans, bicycles, trailers, boats and campers were not mentioned in the proponents presentation as being a part of family living -- that these items w i l l be throughout the apartment complex and that the contiguous property would be devalued if this zoning is permitted. He stated'that wider access streets are needed and that the.population density for this area i s too great. He read from the Planning and Zoning Minutes, dated April 2, 1968, as follows: "Chairman Weber commented regarding that portion of the motion per- taining to building restrictions and other criteria, as follows: �._ c -The feel i ng, of the Commission i s that density i s excessive in this case, and w i I I require further action. - If this zoning is approved by the Council, steps w i I I be taken to control the density -- parking w i I I be considered -- proper location of the streets w i I I be studied -- the opinion of the City's Engineers w i l l be secured - these things w i l l come with the preliminary . -plat, if this development materializes." Mr. Williams stated that these Minutes indicate that the Chairman of the Planning and Zoning Commission recognizes, by his statements, that this is poor planning. Mr. B r i t t o n , 814 East C I i f f , inquired as to how many people would live i n the complex if no more than two lived in each apartment. Mr. Hamm replied there are one hundred, thirty -two (132) units; therefore, the anawer is two hundred, sixty -four (264) -, 80 (Pape Four, Regular Meeting, Euless City Council, May 14, 1968) Mrs. David Martin pointed out the loca- tion of her property on the plat and stated that trees would be bulldozed down that are presently shown in the picture; her privacy would be invaded and that she diifinitely opposes this rezoning. Mr. Harrm stated that some trees are be- tween Mrs. Martin's property and the apartments and that the apartments do not face her property. Mr. Jackson of 812 East C l i f f stated that East C I i f f i s the main thoroughfare for children going to Wilshire School and, if the street is cut through, the traffic will be increased and the street w i I I become more hazardous. Mr. David Martin stated that without covered garages, these apartments cannot be classified as luxury apart- ments -- that there wi I I be parking next to his front yard. Mr. Hsrrm stated there w i l l be a fence and driveway between Mr. Martin's property and the apartments. . Mr. Hallauer stated that there w i I I be an overflow of .boats and that some families w i I I have three and four'cars. Mrs. Dolores Goldsmith stated she would 1 i ke ,to know where the children from the apartments w i I I go to school -- that Wilshire i s so crowded now that some children are being transported to other schools in the City. Mayor Fuller stated that'�he does .not feel this is a City problem, but a school problem. Mr. Gary Faulkner, 813 East C l i f f, stated that he would like to know if the Council can consider this zoning when the law is very.expl icit (referring to Article 101 le as read by Mr. Williams, Attorney). City Attorney Cribbs advised Mr. Faulkner that the Council will, give consideration to this zoning case and w i l l consult the City's Master Plan -- that each case must be considered individually. Mr. Faulkner stated there have been numerous zoning changes. City Attorney Cribbs stated that Euless is continuing to grow, and the Council, both past and present;, will con- tinue to attempt to stay abreast of the needs of the entire community -- that this Council is well aware of their duties and responsibilities and will give -every consideration to all requests presented. Mr. Faulkner stated that he thinks the Council should delay a desision until the new zoning ordinance is passed. �0*ffl (Page Five, Minutes of Regular Meeting, Euless City Council, May 14, 1968) Mr. Cribbs stated that the Council can- not declare a moratorium on zoning. Mayor Fuller again'recognized Mr. 'Simon for a rebuttal. Mr. Simon stated that zoning is a legis- lative action, not a judicial one. -- that propetty rights are valuable r i g h t s -- that the CcLunci 1 must work f o r zoning that w i l l be most suitable for the area. Mr. Williams, in the zoning i s in the power of the Council -- that he and that some zoning cases have even been acted upon .Mr. David Martin for this area should be "A -2" Duplexes, since it is I( "A -1" Residential property. rebuttal, stated that read from the law, by the Supreme Court. stated that the zoning ) cated adjacent to Mayor Fuller declared the Public Hearing closed a t 9 :25 P.M. and advised those present that the City Council w i l l give further consideration to the case at its next regular meeting. CITY COUNCIL ADJOURNED FOR A BRIEF RECESS AND RE- CONVENED AT 9:35 P.M. PRESENTATION CF 'PLAQUE TO FOFdVER COUNCILMAN BOBBY R. FULLER , Mayor W. G. Fuller presented a plaque of appreciation to'former Councilman Bobby R. Fuller from his ifellow councilmen and administrative staff, for his services as City Councilman for the past ten (10) years. APPOINTMENT OF OFFICIAL REPRESENTATIVE TO NORTH C;F-N I RAL TEXAS COUNCIL Ck GOVERNMENTS AND REGIONAL PLANNING COMMISSION Councilman Douglass made the motion that Mayor W. G. Fuller be appointed to serve as the City of Euless Of- ficial Representative to the North Central Texas Counc i 1. of Governments and Regional Planning Commission. Councilman Shull seconded the motion, and the vote is as fol (bows: Ayes: Councilmen Byers, Douglass, Shull and'Warreri Nays: None Mayor Fuller declared the motion carried., • (Page Six. Minutes of Regular Meeting, Euless City Council, May 14. 1968) - IV. AUTHORIZATION TO CLEAR VOTING MACHINES USED- IN APRIL 2, 1968 MUNICIPAL ELECTION Councilman Byers made the motion that the City Secretary be authorized to request the clearing of voting machines used in the April 2, 1968 City Election. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Warren and Shull Nays: None Mayor Fuller declared the motion carried. I . V. FIRST READING CIF ORDINANCE CLOSING UTILITY EASEMENT, TRAI LVOCD DE\/ELOPMENT CORPORATION City Manager Griggs Stated that a sanitary sewer easement, in the Trailwood Addition, acquired from Municipal Service Company at the time the City purchased the water and sewer system, should be abandoned. He stated that the services are in the public;right- of -way; therefore, this easement is not needed for use by the City. Mr. Griggs presented First Reading of 4in ordinance abandoning this easement. (C- ouncilman Samuels arrived at 9:45 P.M.) Councilman Douglass made the motion to approve the first reading of this ordinance as presented. Councilman Shull seconded the motion, and the. vote is as follows: Ayes: Councilmen Douglass, Shull and'Warren Nays: None Abstained: Councilmen Byers and Samuels (Councilman Samuels stated that he abstains because he was not present dur- ing a l l of the discussion.) Mayor Fuller declared the motion carried. (Second Reading on May 28, 1968) (councilman Warren left the Council Chambers at this time. in. response to a telephone call.) VI. DISCUSSION OF SETTING DATE FOR COUNCIL WORK SESSION ON PROPOSED ZONING ORDINANCE Councilman Douglass inquired about setting a date for a work session to discuss the proposed zoning ordinance. (Councilman Warren returned to the Council ChaiDbers at this time.) (Page Seven, Minutes of Regular Meeting, Euless City Council, May 14, 1968) All members of the Council were in agreement to meet Tuesday, May 21, 1968, a t 8 :00 P.M., in the Conference Room for this purpose. VII DISCUSSION OF EXTENDING SEWER LINE TO JAMES HORACE FULLER PROPERTY LOCATED ON CULLUM DRIVE Councilman Byers stated that he has been contacted by Mr. James Horace Fuller concerning the extending of a sewer line to his property on Cullum Drive. He stated that Mr. Fuller had submitted a l e t t e r signed by M r . Royce Wisenbaker, i n which M r . Wisen- baker agreed t o extend t h i s l i n e in payment of having been granted an easement for a water line on property owned by James Horace Fuller's Gather. Mr. Cribbs stated that he had, at the request of City Manager Griggs, reviewed Mr. Wisenbaker's letter, which is datdd prior to the City's purchase of the water and sewer system, and that, in his opinion, the letter is vaguely worded, Councilman Shull inquired the opinion of the City Manager in this matter. City Manager Griggs stated that, in his opinion, the City is not obligated to extend this line. Mayor Fuller stated that he disagrees with the City Manager -- that if the City is using the easement which was granted to Mr. Wisenbaker, then the City i s obligated to comply with Mr. W i senbaker's agreement. In answer to a question by Councilman Samuels, Councilman Shull advised that the installation of this line would cost approximately two hundred, fifty ($250.00) dollars. Councilman Samuels made the motion that the City extend this six (6) inch sewer line to the East side of the street, contingent on securing the necessary easements. Councilman Douglass second- ed the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Samuels, Warren and Shull Nays: None Mayor Fuller declared the motion carried. U91 Xk Z0 LTA h011 ATTEST: City Secretary VIII. The meeting adjourned at 10 :10 P.M. APPROVED: MAyar - - 83 • 2 •