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HomeMy WebLinkAbout1968-10-22194 -1 Minutes Regular Meeting Euless City Council October 22, 1968 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8;10 P. M., in the Council Chambers of Euless City Hall, by Mayor W. G. Fuller, with the following Councilmen in attendance: Messrs. B i l l Byers, Dan Shull and Don R. Warren. Councilman Harold Samuels arrived later in the evening. (Absent: Councilman Frank Douglass.) Also present were City Attorney James Cribbs and City Secretary Vada Ferris. (City Manager Griggs was out of the City, attending the International City Managers' Association meeting, in Detroit, Michigan.) INVOCATION The invocation was presented by Council- man B i l l Byers. VISITORS Visitors present are listed as follows: Messrs. Walter A. E l l i o t t , J r . , Jack E . Apwisch, Ricky Cordero, B i l l Ratliff, and W. M. Sustaire; Mesdms. Betty Potthoff and Martha Hand. SECOND READING CF ORDINANCE N0. 43 0 -A, REZON ING PROPERTY FFZCM "A" RES I DENT IAL TO "C" COMMERCIAL FCR A MOBILE HOME DEVELOPMENT (Z0N I NG CASE N0. 17 8) Second Reading of Ordinance No. 340 was presented, rezoning all of Lots 3, 4, 5, 28, 29 and 30 and the west sixty -five (65) feet of Lots 6 and 27, Block 2, J. E. Whitener Estate, from "A" Resi- dential to "C" Commercial, with conditions subsequent, as follows: A. A final site development plan shall be submitted to the City Council within 18 months following final passage of the ordinance effecting the requested changes. B. Construction in substantial compliance with the final site development plan as approved shall be commenced within 24 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. 194-2 (Page Two, Minutes of Regular Meeting, Euless City Council, October 22, 1968) Councilman Byers made the motion to ap- prove Second Reading of Ordinance No. 340. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Warren and Shull Nays: None Mayor Fuller declared the motion carried. SECOND READING OF ORDINANCE NO. 341 REZONING PROPERTY IN ZONING CASE NO. 179, MR. ROBERT POWER Second Reading of Ordinance No. 341 was presented, rezoning 62.92 acres out of the A. Bradford Survey, Abstract No. 152 and Solomon H u itt Survey, Abstract No. 705, 60.09 acres out of the A. Bradford Survey, Abstract No. 705 (a total of one hundred, twenty -three (123) acres), from "A" Residential to "C" Commercial and "A" Residential to "A -3" Apartments, as per plat, marked "Exhibit A" in Council Exhibits of October 8, 1968, with conditions subsequent as follows: A. A final site development plan shall be submitted to the City Council within 18 months following final passage of the ordinance effecting the requested changes. B. Construction in substantial compliance with the final site development plan as approved shall be commenced within 24 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. Councilman Shull made the motion to approve Second Reading of Ordinance No. 341. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen S h u l l , Warren and Byers Nays: None Mayor Fuller declared the motion carried. SECOND READING OF ORDINANCE NO. 342 REZONING PROPERTIES FOR SOTOGRA*DE DEVELOPMENT (ZONING CASE NO. 180) Second Reading of Ordinance No. 342 was presented, rezoning a 5.36 acre tract out of the H. Hust Survey, Abstract No. 194 -3 (Page Three, Minutes of Regular Meeting, Euless City Council, October 22, 1968.) T� 657, from. "A" Residential to "A -2" Duplex, and a 21.63 acre tract out of the H. Hust Survey, Abstract No. 657, from "A" Residential to "A -3" Multi - Family Dwel 1 ing. Cauncilman Warren made the motion to ap- prove Second Reading of Ordinance No. 342. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Byers and Shull Nays: None Mayor Fuller declared.the motion carried. IV. PLAT REVISION, LOTS 1 AND 2, WILSHIRE VILLAGE NO. 1 (SOUTHEAST CORNER OF WILSHIRE DRIVE AND HUFFMAN ROAD) Mayor Fuller recognized Mr. Walter Elliott, who presented a plat of Wilshire Village, indicating the area in which the re- v i s i o n is proposed. Members of the Council reviewed the plans, and questions arose concerning a stubbed -out street. Mr. E I I i o tt explained that a street w i l l be cut through, but it w i l l not be a dedicated street. (Councilman Samuels arrived at 8:30 P. M.) Mr. E I I i o tt informed the Council that con- struction drawings wi-11 be submitted later for the City's approval and that the streets and f ire lane w i I I be indicated on the plans. Mr. E I I i o tt stated that he wants to be sure that the streets, easements and fire lanes are in com- pliance with City regulations before presenting the final plat for filing. Councilman Shull inquired if the property owners in the area have been notified, that the street (Yorkshire) is being stubbed out. Mr. Elliott answered that, to his know- ledge, property owners in this area had not been officially notified; however, at least one property owner had talked with him when he was in the area making his preliminary survey. Councilman Shull stated that, in his opinion, the property owners, at the time of purchase of their property, were anticipating the extension of Yorkshire. Mayor Fuller stated that he does not i approve of streets-not being dedicated to the City. �... City Attorney Cribbs stated that usually a private drive is not a problem if there i s only one owner; however, if there are several persons involved, a private drive could be a problem to the City. 194 -4 (Page Four, Minutes of Regular Meeting, Euless City Council, 'October 22, 1968.) The City Attorney stated, further, that the City should have all of the ease- ment documents prior to the signing of the plat, and the location of the sewer lines should be definitely established. Councilman Byers stated that he is satis- fied with Mr. Elliott's explanation of the plat and the plans for the area; however, he is of the opinion that this revision should not be approved until the final plans have been submitted to the City. Councilman Byers made the motion that the Plat Revision of Lots 1 and 2, Tract A, Wilshire Village No. 1 be tabled, until the construction plans are presented to the City for approval. Council- man Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, S h u l l , Warren and Samuels Nays: None Mayor Fuller declared the motion carried. Councilman property owners in the area be notified of the presentation of the plans to the City Council. 181 COMMERCIAL BUILDING PERMIT N0. 76, ADDITION TO EXISTING STRUCTURE AT 1101 PAMELA, MR, JACK APWISCH Shull requested that the proposed plans prior to the Mayor Fuller recognized Mr. Jack Apwisch, who is requesting a'commercial permit for an addition to the existing structure at 1101 Pamela Drive. This request is for an addition of 15,500 square feet. Mr. Apwisch informed the Council that the b u i l d i n g w i 1 1 be o f masonry construction and w i I I have one hundred, thirty- five (135) parking spaces. City Attorney Cribbs stated that he had been contacted by Mr. Apwisch's attorney concerning the Louis Howard Subdivi- sion adjacent to Mr. Apwisch's property (Mr. Howard's subdivision was approved at the council meeting of October 8, 1968). Mr. Cribbs asked Mr. Apwisch to inform the Council of his attorney's disclosures pertaining to the sewer line in the Euless Industrial area. Mr. Apwisch stated that he is the owner of the easement and the'sewer I'ine in the Euless Industrial Park and that the Euless City Council was in error at the time permission was granted to Mr. Howard to tie on to the sewer line to accommodate the Sleep -Aire Mattress firm. Mr. Apwisch stated that the Planning and Zoning Commission had denied the commercial permit requested by Mr. Howard, and he is at a loss to understand why it was approved by the Euless City Coun- c i I on October 8, 1968. He stated that he was in New York on October 8th and unable to present his objections to Mr. Howard's proposed building. 194 -5 (Pape Five, Minutes of Regular Meeting, Euless City Council, October 22, 1968.) r- Mr. Mr. Apwisch stated that a plat filed as a matter of record indicates that the easement is a private easement and that the sewer line in this easement does not belong to the City. Mr. Apwisch stated that the Council's action on October 8th constitutes the sale of one - half of his sewer line to Mr. Howard, 'and he is of the opinion the City has no right to sell his property. .City Attorney Cribbs stated that he had been made aware of.this fact on Monday evening at approximately 5:30 P. M. and had not had sufficient time to check into the matter; also that it would be necessary for him to have a copy of the plat and dedication of the easement. Mr. Apwisch stated that his attorney w i I I furnish these items to Mr. Cribbs upon request. Mr. Cribbs stated that he does not under- stand how this could have happened. Mr. Apwisch stated that he had been informed only a few days ago of this easement, by Mr. Baker, from whom he purchased the property. Mr. Ratliff inquired if all property in the Euless Industrial Park would be affected, and Mr. Apwisch answered af- firmatively. Mr..Apwisch commented further that all of the properties in the area are tied on to his sewer line, with the exception of Helm -Lary Ford. Mr. Ratliff expressed concern that there r is a private sewer line within the City of Euless. In answer to a question by Councilman Shull, Mr:-Apwisch stated that he had paid tap fees to the City without being aware that he owned the sewer line and that he is considering asking the City for a refund of these tap fees. City Attorney Cribbs stated that the Council had reviewed the Planning and Zoning Commission Minutes very carefully and that Mr. Howard's request. -was discussed at some length at the City Council meeting on October 8, 1968. The City Attorney read the City Council Minutes of October 8, 1968, concerning the Council's action on Mr. Howard's case. Mr. Apwisch was informed that the City Council was advised that all areas of concern mentioned in the Planning and Zoning Minutes had been clarified and that the City Manager had stated that the rear section of Mr. Howard's building would not necessarily have to be 0 masonry construction. i Mr. Apwisch stated that he has constructed fine buildings in the Euless Industrial Park and that he does not approve of a cheap building being constructed adjacent to his property. Mr. Apwisch stated that the Euless City Council did not give serious consideration to the Planning and Zoning Commission's action on Mr. Howard's request. City Attorney Cribbs stated that the Council had reviewed the Planning and Zoning Commission Minutes very carefully and that Mr. Howard's request. -was discussed at some length at the City Council meeting on October 8, 1968. The City Attorney read the City Council Minutes of October 8, 1968, concerning the Council's action on Mr. Howard's case. Mr. Apwisch was informed that the City Council was advised that all areas of concern mentioned in the Planning and Zoning Minutes had been clarified and that the City Manager had stated that the rear section of Mr. Howard's building would not necessarily have to be 0 masonry construction. i 194-6 (Page Six, Minutes of Reqular Meetinq, Euless City Council, October 22, 1968 Ayes: Counc i l,men Byers, Samuels, Shull and Warren Nays: None Mayor Fuller declared the motion carried. Mr. Apwisch stated that he had informed Mr. Howard that he.would purchase his propert.y in order to prohibit this type structure being located adjacent to his property. Mr. Apwisch advised that he plans to do anything he can to prevent Mr. Howard from constructing his building. In answer to a question, Mr. Apwisch stated that the sewer line had been installed by Wisenbaker, Fix and Associates. Mr. Apwisch was asked if Mr. Howard can tie on to the sewer line if it is owned by Mr. Apwisch, and he answered negatively. City Attorney Cribbs: stated that it is obvious that Mr. Apwisch is hostile about this matter and, in his opinion, he should not have this attitude because the City Council Members did not have all of the knowledge in this matter at the time Mr. Howard's request was ap- proved. Mr. Cribbs informed Membwrs of the Council that he would investigate Mr. Apwisch's allegations. a VI. BIDS - FOUR 4-DOOR SEDANS Members of the Council had previously been presented a bid tabulation on four 4 -door sedans, and the bids are as f o I lows: TOTAL LESS NET PRICE APPROXIMATE NAME OF COMPANY 4 UNITS TRADE -IN 4 UNITS DELIVERY H U D I B U R G CHEVROLET $11,557.00 Mr. Apwisch stated that, in the future, he would submit building plans which would have metal rear structures. 11,843.29 4,500.00 City Attorney Cribbs stated that it is most unfortunate that Mr. Apwisch was not present at the October 8, 1968, Council Meeting to present his views on Mr. Howard's request. WORTHEY FOREST PARK PLYMOUTH 12,864.60 Councilman Byers made the motion t o ap- prove Commercial B u i l d i n g Permit No. 76, as requested by Mr. Jack Apwisch. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Counc i l,men Byers, Samuels, Shull and Warren Nays: None Mayor Fuller declared the motion carried. Mr. Apwisch stated that he had informed Mr. Howard that he.would purchase his propert.y in order to prohibit this type structure being located adjacent to his property. Mr. Apwisch advised that he plans to do anything he can to prevent Mr. Howard from constructing his building. In answer to a question, Mr. Apwisch stated that the sewer line had been installed by Wisenbaker, Fix and Associates. Mr. Apwisch was asked if Mr. Howard can tie on to the sewer line if it is owned by Mr. Apwisch, and he answered negatively. City Attorney Cribbs: stated that it is obvious that Mr. Apwisch is hostile about this matter and, in his opinion, he should not have this attitude because the City Council Members did not have all of the knowledge in this matter at the time Mr. Howard's request was ap- proved. Mr. Cribbs informed Membwrs of the Council that he would investigate Mr. Apwisch's allegations. a VI. BIDS - FOUR 4-DOOR SEDANS Members of the Council had previously been presented a bid tabulation on four 4 -door sedans, and the bids are as f o I lows: TOTAL LESS NET PRICE APPROXIMATE NAME OF COMPANY 4 UNITS TRADE -IN 4 UNITS DELIVERY H U D I B U R G CHEVROLET $11,557.00 $4,356.09 $7,200.91 35 days HELM -LARY FORD, INC. 11,843.29 4,500.00 7,343.29 4 weeks PAYTON- W.RIGHT FORD SALES 11,867.40 4,410.00 7,457.40 30 days WORTHEY FOREST PARK PLYMOUTH 12,864.60 3,667.50 9,197.10 40 - 60 days (4 Cars less 3 Trade -ins.) Members of the Council reviewed the specifications and were informed that Chief Sustaire recommends acceptance of the low bid submitted by Hudiburg Chevrolet in the amount of $7,200.91. V-_ ; (Page Seven, Minutes of Regular Meeting, Euless City Council, October 22, 1968.) Councilman Samuels made the motion to concur with the recommendation of Chief W. M. Sustaire and approve the low bid submitted by Hudiburg Chevrolet in the amount of $7,200.91. Councilman Warren seconded the motion, and the vote is as follows: Ayes:. Councilmen Samuels, Warren, Shull and Byers Nays: None Mayor Fuller declared the motion carried. VII. RESOLUTION NO. 220, CALLING PUBLIC HEARING ON ZONING CASE NO. 181, REQUESTED BY MR, TROY FULLER City Secretary Vada Ferris presented Resolution No. 220, calling a public hearing for rezoning, from "A" Residential to "C" Commercial, Tract 12A and the west 321 feet of Tract 12 of the Ray Shelton Subdivision, requested by Mr. Troy Fuller. The City Secretary advised the Council that the earliest date for this public hearing is November 26, 1968, if the Council approves cancelling the regular meeting on November 12th, (November 12th meeting conflicts with the Texas Municipal League Conference). Councilman Samuels made the motion to (, approve Resolution No. 220, setting the public hearing date on Zoning Case No. 181 for November 26, 1968. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Shull and Byers Nays: None Mayor Fuller declared the motion carried. CANCELLATION OF NOVEMBER 12, 1968, COUNCI L MEETING Members of the Council agreed that the November 12th regular council meeting should be cancelled in order for the City Officials to attend the Texas Municipal League Conference to be held in Dallas November 10 - 12. Mayor Fuller stated that another date would not be scheduled for this meeting; however, if important business was presented to the Administrative Offices, a called meeting might be necessary. 194 -7 194 -8 (Page Eight, Minutes of Reqular Meeting, Euless City Council, October 22, 1968.) IX. INCREASE IN C ITY, MANAGER'S SALARY Councilman Byers made the motion to in= crease the City Manager's salary to $13,800.00, effective as of October 1, 1968. Councilman Warren seconded Councilman Byer's motion, and the vote is as follows: Ayes: Councilmen Byers, Warren, Shull and Samuels Nays: None Mayor Fuller declared the motion carried. Mayor Fuller inquired if there is suf- ficient funds in the budget to cover this increase, and the City Secretary rep] ied affirmatively. �9 • ATTEST: City Secretary The meeting adjourned at 9:50 P. M. APPROVED: Mayo r