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HomeMy WebLinkAbout1969-01-14Regular Meeting of the Euless C i tyCounci 1 January 14, 1969 CALL TO ORDER Mayor W. G. Fuller called the regular meeting of the Euless City Council to order at 8;20 P. M. in the Euless City Hall Council Chambers with the following present: Councilman Dan Shull, Frank Douglass, Harold Samuels and Don Warren. (Councilman Bi 11 Byers was absent.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City .Secretary Vada Ferris. i KK Y-AT I nni Councilman Frank Douglass. VISITORS follows: Messrs. Manuel DeBusk, Carl Wilcox, Walter A. Elliott, Jr., C. A. APPROVAL OF MINUTES of the following meetings: The invocation was presented by Visitors in attendance are listed as M. Stewart, Jr., Ivan Gregory, J. D. Prade and Mrs. Anne Martin. Minutes were approved, as written, (1) Regular Meeting, December 10, 1968 (2) Regular Meeting, December 24, 1968 PUBLIC HEARING: ZONING CASE NO. 183 - REGUESTED BY MAIN DEVELOPMENT COMPANY Mayor Fuller opened the Public Hearing on Zoning Case No. 183 and recognized Mr. Manuel DeBusk, who, on behalf of the Main Development Company, requests rezoning 5.73 acres out of Solomon H u itt Survey from "R -1" Single Family Dwelling to "L -1" Limited Industry and 5.74 acres from "R -1" Single Family Dw6lling to "R -3" Multi - Family Residence. Members of the Council reviewed a plat of the property which is located east of Somerset Place Addition, adjacent to recently zoned industrial property (Zoning Case No. 179 - Mr. Robert Power). z� (Page Two, Regular Meeting of the Euless City Council, January 14, 1969) The Council was informed that, as requested by the Council previously, the property owners in the area had met and worked out a plan of development agreeable to all - that Mr. Heyl, property owner on the north had, with Main Development Company, agreed on a buffer zone between the sub - divisions and the adjacent industrial tract. It was pointed out that Mr. Heyl has not submitted a request for rezoning, however, Mr. Hugh Waite (Main Development Company representative) advised the Council that Mr. Heyl had verbally assured that he would request rezoning, at some future date, compatible with the request presently being considered. Councilman Douglass inquired of the use planned for the "L -1" District and was informed by Mr. DeBusk that a specific use is not planned at this time, but that this zoning conforms to zoning of adjacent property. (Councilman Warren arrived at this time.) Mayor Fuller inquired if there were opponents in this rezoning case. There being none, he declared the Pub] c Hearing closed. I n response to a request by the Council, the City Secretary read the minutes of the Planning and Zoning Commission, dated December 3, 1968, Item I I, in which the recommendation to the City Council is for denial. After considerable discussion, members of the Council agreed to postpone a decision in this case, pending receipt of a letter from Mr. Heyl and an additional letter from Mr. Power pertaining to the "L -I" Zoning. Mr. Waite was requested to submit these letters to the City Manager prior to the next regularly scheduled Council Meeting. Mr. DeBusk stated attempts would be made to secure these letters. PLAT REVISION, LOTS 1 AND 2, WILSHIRE VILLAGE NO, 1 (SOUTHEAST CORNER CF WILSHIRE DRIVE AND HUFFMAN DRIVE) Mayor Fuller recognized Mr. Walter Elliott, representative of Mr. Herman Smith, who informed the Council that this plat revision is actually for Tract A, Block 2, and Tract A, Block 1, Section 7, of Wilshire Village, and is located east of Wilshire Drive and south of Spur 350. Mr. Elliott informed the Council that apartments are planned adjacent to Wilshire Drive and the property is zoned properly . 2 3,0 (Page Three, Regular Meeting of the Euless City CoinciI, January 14, 1969) City Manager Griggs stated that a I I requirements of the Planning and Zoning Commission have been met (October 15, 1968 minutes) and he recommends approval of this lot revision. Councilman Shull made the motion to approve the lot revision, as requested. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilman Shull, Samuels, Douglass and Warren Nays: None Mayor Fuller declared the motion carried, ORDINANCE NO. 321 - SECOND AND FINAL READING - ANNEXATION SETTLEMENT ORDINANCE City Attorney James Cribbs presented Second Reading of Ordinance No. 321, and explained that this is the settlement agreement with property owners residing in the northern section of Euless. Councilman Samuels made the motion to approve Ordinance No, 321 on Second and Final Reading. Councilman Douglass seconded the motion, and the vote i s as follows: Ayes: Councilmen Samuels, Douglass, Shull and Warren Nays: None Mayor Fuller declared the motion carried. am DECEMBER 31. 1968. FINAL DATE FCR TAX REFUNDS FOR 1964, 1965, 1966 AND 1967 City Attorney Cribbs informed the Council that he had advised Mrs. Ferris, City Secretary, that December 31, 1968, i s the final date for refunding taxes for the years 1964, 1965, 1966 and 1967, to property owners in the area north of L i tt I e Bear Creek and encompassed in Ordinance No. 321, and he recommends the Council concur with his instructions. 234 (Pape Four, Regular Meeting of the Euless City Council, January 14, 1969) Councilman Douglass made the mbtfom to concur with the recommendation of the City Attorney and approve December 31, 1968, as the final date for re- imbursement of the taxes for 1964, 1965, 1966 and 1967. Councilman Shull seconded the motion and the vote i s as follows: Ayes: Councilmen Shull, Douglass, Warren and Samuels Nays: None Mayor Fuller declared the motion carried. IN ORDINANCE NO. 348 — CALLING CHARTER AMENDMENT ELECTION City Attorney James Cribbs read Ordinance No. 348, setting February 18, 1969, as the date to ballot on certain proposed charter amendments (detailed in Ordinance). CoovveZ -.- V3- ,) Mr. Cribbs stated that these amendments are basically those proposed by the Charter Amendment Committee. However, proposition No. 4 was necessary, in case of a run -off election. Also, the word "minimum" should be inserted in p r o p o s i t i o n No. 5. (M r . Cribbs stated t h a t three ( 3 ) w i l l s t i l l constitute a quorum for the Planning and Zoning Commission.) Councilmen Samuels inquired as to the viording of Proposition No. 6, stating that he is wondering if it wi I I be clear to those who read it. City Attorney Cribbs stated that members of the Council and the Charter Amendment Committee should be prepared to answer questions pertaining to the proposed amendments. Councilman Samuels made the motion to suspend the rule requiring first and second reading of an ordinance, and that Ordinance No. 348, setting February 18, 1969, as the date for the Charter Amendment E l e c t i o n , be passed on f i r s t and f i n a l reading. Councilman Warren seconded the motion and the vote is as fo lows : Ayes: Counci men Samuels, Warren, Doug ass and S h u l l Nays: None Mayor Fuller declared the motion carried. (Page Five, Regular Meeting of the Euless City Council, January 14, 196 9) VI. RESOLUTION NO. 224 - INVESTING WATER AND SEWER REVENUE BOND RESERVE FUNDS City Manager Griggs presented Resolution No. 224, for investment of Water and Sewer Revenue Bond Reserve Monies, in the amount of $7,000.00 -- to be invested in United States Treasury Notes bearing interest at the rate of 5 5/8%, maturing August 15, 1974. Councilman Shull made the motion to concur with the City Manager's recommendation and approve Resolution No. 224. Councilman Warren seconded the motion and the vote is as follows: Ayes: Councilman Shull, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. nicriicc ioKi VI I. WATER AND SEWER SALE TO BEDFORD 3 5 I n answer to a question by Councilman Samuels, City Attorney Cribbs stated that the sale of a portion of the water and sewer to the City of Bedford was an all -day affair on December 16th. City Manager Griggs stated that the system has not been separated; however, Bedford has assumed operation and mainten- ance of their portion of the system, and that the transferring of the accounts will begin within the next week. TRINITY HIGH SWIMMING POOL Councilman Douglass stated that the Hurst - Euless- Bedford School Board had approved a Trinity High swimming pool contract at a Board Meeting on January 13th. Mayor Fuller stated that the City offices have not been advised of the contract signed by the School Board. �y (Page Six, Regular Meeting of the Euless City Council, January 14, 1969) AREA MEETINGS VIII. RFrinni R City Manager Griggs informed the Council Members t h a t the Texas Municipal Region 8 meeting w i l l be held in River Oaks on Monday, January 20, and reservations need to be made prior to that time. Mayor Fuller and Councilman Shull advised their intentions to attend the Rejroon 8 meeting. COUNCIL CF GOVERNMENTS MEETING, JANUARY 28, 1969 City Manager Griggs informed the Council that a Council of Governments meeting w i I I be held at noon on January 28, 1969, and Mayor Fuller, Councilman Douglass and City Attorney Cribbs stated they plan to attend. IX. CLAIM - ALL STATE INSURANCE COMPANY City Attorney Cribbs informed the Council that Allstate Insurance Company is requesting re- imbursement in the amount of $2,487.28 for damages resulting from a collision in July, 1968, involving a City fire unit and a vehicle occupied by Mr. and Mrs. Clarence E. Baley. City Attorney Cribbs stated that he recommends the City deny the claim. After discussion, members of the Council requested a f u l l report be submitted by the City Attorney in order to be more informed in this case. X. MR. GREGORY - PROPOSED CHARTER A RAP KiFR4GAITQ Mayor Fuller recognized Mr. Ivan Gregory, who requested the City Attorney to read the proposed charter amendment pertaining to the Planning and Zoning Commission. T ) '+ s,j . (Pape Seven. Reaular Meetina of the Euless City Council, January 14, 1969) Mr. Cribbs read as follows: Should Section 1, Article X of the Euless City Charter be amended to provide that the Planning and Zoning Commission be increased from five members to a minimum of seven members? Mr. Gregory inquired about the number mentioned in the proposition and Mayor Fuller stated that it seems apparent that three (3) out of seven (7) w i 11 be easier to acquire than three (3) out of five (5). Mr. Gregory stated he is i n favor of this; however, in a few years, perhaps, more than seven (7) may be necessary; that the Planning and Zoning Commission is very powerful, although it is only a recommending body. Mr. Gregory stated that he i s of the opinion that the charter will be weakened by this change in the status of the Planning and Zoning Commission. He stated that he is of the opinion that the citizens are being denied their rights by this proposed change. City Attorney Cribbs stated that, consider- _ ing the anticipated growth of Euless, this charter change will permit the expanding of the Planning and Zoning Commission, when necessary, without a charter election. Mayor Fuller expressed appreciation to Mr. Gregory for his comments and opinion. Mr. Gregory thanked the Council for the opportunity to be heard. X1. MRS. MARTIN - CHARTER ELECTION AND HURRICANE CREEK IMPROVEMENTS Mayor Fuller recognized Mrs. David Martin, who served on the Charter Amendment Committee. Mrs. Martin stated that she is pleased with the insertion of the word "minimum" in the Planning and Zoning proposition - and since the Council appoints members to serve on the Planning and Zoning Commission, she thinks the Council would appoint a sufficient number to transact City business effectively. 238 8 (Page Eight, Regular Meeting of the Euless City Council, January 14, 1969) Mrs. Martin stated that the sale of the Bedford portion of the water and sewer system resulted in a sizeable sum for the City of Euless and she would like to know when a portion of this money will be used for the Hurricane Creek improvements. Mayor Fuller advised Mrs. Martin that this money is not available for the improvements and perhaps, she and some of her neighbors might beautify the creek bottom. Mrs. Martin stated she was not interested in beautifying the creek bed as she is of the opinion, this is 'the City's responsibility. Mayor Fuller thanked Mrs. Martin for her presence at the Council meeting and her comments. 4 r) 101 ID nInnGnIT ATTEST C ity Secretary XI I. The meeting adjourned at 10;20 P. M. APPROVED: ,L Mayor '