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HomeMy WebLinkAbout1969-03-25Regular Meeting of the Euless City Council March 25, 1969 CALL TO ORDER 27 Mayor W. G. Fuller called the regular meeting of the Euless City Council to order at 8:05 P. M. i n the Council Chambers of Euless City Hall, with the following Councilmen present: Messrs. Harold Samuels, Don R. Warren, B i I I Byers, Dan Shull and Frank Douglass. Also'present were City Manager C. J. Griggs, City Attorney James C'ribbs and Recording Secretary Florence Murr. Inl\ /nr`ATInnl The invocation was presented by City Attorney James Cribbs. VISITORS Visitors in attendance are listed, as follows: Messrs. and Mesdms. Charles Penry, C. J. Soles, Dwayne Wilcox and Don Lincoln; Messrs. Troy M. Fuller, Pete Krause, Ron Streetenberger, Sam Harrington, R. L. Sanders, Piers Chance, Robert Bransford, B i I I Pannell, George Eberhart, Harold Copher, B i l l Ratliff, representing the City's Consulting Engineers, Russell D. Allen, Russell W. Allen, Jerry C. Sprinkle, Van D. Allen and William E. Goff; Mesdms. Helen Goff, Anne Martin, Betty Potthoff, representing Mid- Citi-es Daily News, and Dorothy Edge, representing Fort Worth Press. APPROVAL OF MINUTES LL Minutes of the regular meeting, dated March 11, 1969, were approved as written. PUBLIC HEAR I NG TO CONS I DER ZON I NG CASE NO. 186, REZONING 1.0 ACRE OUT OF THE B, HARR I NGTON SURVEY, FRCM 11R -111 SINGLE FAMILY DWELLING DISTRICT TO "C -211 COMMUNITY BUSINESS DISTRICT, REQUESTED BY MRS. SAM WAPP T nlr`TMI Mayor Fuller recognized Mr. Sam Harrington, who stated that he and Mrs. Harrington request the rezoning of a 1.0 acre tract out of the B. Harrington Survey, Abstract 808, in order to construct and operate a fruit and vegetable stand at this location. (Property located on the East side of Highway 157, approximately one -half mile south of Glade Road). Mr. Harrington advised that- he' proposes to construct a b r i c k b u i l d i n g -- t h a t the front.of the b u i l d i n g w i l l be doors which can be raised, similar to the construction of 7- Eleven Stores. Councilman Samuels inquired if this type of business: -can be operated in a 1T -111 Neighborhood Business District. 281 (Pape Two, Minutes of regular meeting, Euless City Council, March City Manager Griggs advised that outside display of merchandise is not permitted under the "C -1" zoning classification. In a discussion of the surrounding area, the City Manager advised that most of the businesses being operated in the area are non - conforming -- that only one small tract, which is located west of Highway 157 on Glade Road, is zoned "C, -2 ", the remainder being zoned for single family resi'dences. Mr. Griggs statdd that rezoning this property would be a revision and change of the Master Plan. In reply to a question, Mr. Harrington ad- vised that Mr. Zolan Wilkins owns the property to the North and he is of the opinion the property south of 'the tract in question is,owned by Mr. Yates. Councilman Douglass asked Mr. Harrington his reasons for requesting the rezoning of the entire tract, which'is 391 feet, deep' and 110 feet wide. Mr. Harrington replied that he might build something else in the future -- that he might even build some apartments, if possible; however, that he needs to have the property rezoned at this time, to build a fruit stand. I n reply to a question, Mr. Harrington advised that the proposed structure wi I I set back approximapely fifty .feet from t'he property line. Councilman Douglass stated that he does not understand why Mr. Harrington wants. all of the tract zoned for commercial usage, if he has no specific use in mind -- that rezoning the back part of this tract could affect something later which cannot be seen at this time. Mr. Harrington advised that the tract is undeveloped at this time -- that h.e does not reside on it -- that his residence is located on Fuller -Wiser Road. Mr. Harrington stated that he would consider re- ducing the depth of the tract to be .rezoned at this time =- that the entire 391 feet is not needed for construction of the proposed building. Mayor Fuller called for proponents and opponents to this zoning request. There being none, the Public Hearing was closed. Mayor Fuller advised Mr. Harrington that the Council will consider this zoning request at f'ts next regular council meeting. The Mayor stated that, should Mr. Harrington wish: to revise the boundaries included in his zoning request, he may make it known to the Council at that time, PUBLIC HEARING, ZONING CASE 18.7, TO CONSIDER REZONING A 28.5384 ACRE TRACT. EXCLUS IV E CF THE VEST 300 FEET W H I C H IS ZONED "C -2" COMMUNITY BUSINESS D I STR 1CT _ FFZCM"R -1" SINGLE FAMILY RESIDENCE TO "R -3" MULTI-FAMILY RESIDENCE, MAYFLOV\ER INVESTMENT COMPANY Mayor Fuller recognized Mr. Piers Chance, a representative for Mayflower Investment Company, who stated that his firm requests 29 (Page Three, Minutes of regular meeting, Euless City Council, March 25, 1969) the rezoning of a 28.5384 acre tract out of the J. P. Halford Survey, save and except the west 300 feet which is zoned "C -2" Community Business District, from "R -1" Single Family Dwelling District to "R -3" Multiple Family Dwelling District. Mr. Chance stated that his firm is selling the entire tract, but the sale is contingent upon this zoning change.. Mr. Chance stated that the purchaser pro- poses apartments for the entire tract; however, the City Inspector recommended that the petition be submitted in this manner, excluding the west 300 feet which is zoned "C -2 ". There were no other proponents in this zoning request; therefore, Mayor Fuller asked if there was anyone who wished to speak in opposition to this rezoning. Mrs. Helen Goff asked if the proposed apartment complex w i l l be located near Fayette Drive. The City Manager advised that the area described in the application for rezoning adjoins the single family homes located on Lamar. Councilman Samuels went into the audience and showed Mrs. Goff a plat indicating the exact location of the tract in question. I n reply to a question from Mr. C. J. Soles, City Manager Griggs advised that the property, in question is directly across the street, North of Trinity High School. Mr. Ron Streetenberger advised that; i n his opinion, the City has enough apartments. Mr. C. J. Soles stated that he is opposed to the rezoning of this property -- that, as a tax payer, he would not like to see our new hligh school surrounded by apartment dwellings. Mr. Soles commented that, possibly, the City of Bedford may choose to rezone the property west of Highway '157, if th,i.s zoning egdem!Ttis granted -- that Trinity High School is a beautiful structure, and he considers that apartments would mar its beauty. Mr. Soles praised the Chief of Police and his Department for their fine work, stating that they recently broke up a gambling party at an apartment complex and that two men were arrested on a narcotics charge --that this incident also occurred at an apartment. Mr. Soles stated, in his opinion, traffic problems would be increased, if the proposed apartments are constructed -- that gambling and even prostitution may be going on there -- t h a t he considers i t impossible f o r the manager o f an apart- ment complex t o e l i m i n a t e a l l of these problems. Mr. Soles stated that in his opinion, the close proximity of the high school and the number increaaes the pos- sibility of such incidents. Mrs. Ann Martin stated that she opposes the rezoning because of the traffic problem -- that the high school. has a great deal of traffic at this time and, in her opinion, an apartment complex would intensify traffic in that particular area -- that the street is not wide enough to accommodate the additional traffic. Mrs. Kathy Lincoln stated that she would like to go on record as being opposed to this rezoning request. 30 (Page Four, Minutes of regular meeting, Euless City Council, Marcfh 25, 196 Mr. Ron Streetenberger advised that he opposes the rezoning because he considers the City of Euless has a sufficient number of apartments. M r . Robert Bransford stated t h a t he w i l l , possibly, be more vitally affected by the apartments than others in the audience -- that he does not live in the area; however, he is building homes ranging in the $20,000.00 bracket on Lamar Street. Mr. Bransford stated that he does not oppose the rezoning -- bbat he i s aware o f the need f o r apartments i n every community -- that, in h i s o p i n i o n , good management w i l l overcome the problems which have been mentioned in this public hearing. Mr. Bransfard stated that he is present to request that some type of sound screening be devised, protecting the single family houses located in the adjacent subdivision. Mr. Bransford stated he suggests that one -story apartments be constructed adjacent to the homes on Lamar or, possibly, that a greenbb &t be planned to separate the apartments from the single family residences. Mr. Bransford stated that this would overcome the objection to two - story apartments overlooking the back yards of single family homes. Mayor Fuller declared the Public Hearing closed and advised that the City Council will give consideration to Zoning Case NO. 187 at its next regular meeting. SECOND AND FINAL READING ORDINANCE NO. 350, RE %ON I NG LOT D AND THE EAST 48.Q FEET OF LOT E. BLOCK 20, MIDWAY PARK ADDITIDN NO. 2, FROM 11C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "C -2" COMMUNITY BUSINESS .DISTRICT (ZONING CASE 1"5 Councilman Byers made the motion to approve Second and Final Reading of Ordinance No. 350, rezoning Lot D and the East 48.9 feet of Lot E, Block 20, Midway Paris Addition No, 2, from 11C -1" Neighborhood Busi- ness District to "C -2" Community Business District, subject to the following conditions subsequent: 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 inn 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 w i t h i n 36 months following f i n a l passage of the ordinance effecting the requested changes. (Page Five, Minutes of regular meeting, Euless City, Council„ March 25. 1969) Councilman Warren seconded the motion, and the vote is as follows; Ayes: Councilmen Byers, Douglass, Samuels, Warren and Shull Nays: None Mayor Fuller declared the motion carried. I V. PRELIMINARY PLAT APPROVAL BAUER ADDITION, TRACTS l AND 2, MR. EVERKTr BAUER, DEVELOPER (LOCATED AT HIGHWAY • 18.3 APPROXI- MATELY 600 FEE 7 WEST OF WILSHIRE DRIVE AT DEBRA RIVE 31 Mayor Fuller recognized Mr. Walter Elliott, who stated that he represents Mr. Everett Bauer, who requests preliminary plat ap- proval for Bauer Addition, Tract 1 and 2. Mr. Elliott advised that the proposed subdivision is approximately six hundred (600) feet West of Wilshire Drive, calling attention to the fact that Wilshire Drive is the only street in the area which opens onto Highway 183. (Editors note: Marlene Drive also intersects Highway 183.) Mr. Elliott stated that a private drive (extension of Eastcliff) is proposed through the Terry Davis Subdivision, which is adjacent: on the West of the tracts in question. Mr. Elliott referred to a plat of the proposed subdivision, stating that the street which is propoeed is an extension of Debra Drive, which will be extended South into "Highway 183 -- that the connection point is between two existing residences which are to be torn down. Mr. Elliott advised that the extension of Debra Drive wi I I intersect Highway. 183 at a break in the median. Mr. Elliott stated that Debra Drive will be paved, •curb and gutter w i l l be i n s t a l l e d , and water and sewer l i n e s w i l l be extended, if the preliminary plat is approved, that the Planning and Zoning Commission has made a recommendation for approval by the Council. F Councilman Samuels asked if it is possible that development of this subdivision may be started prior to the development of the apartments to be located in Terry Davis Subdivision. Councilman Samuels stated that: the City has had some sewer problems in that area and asked Mr. B i 11 Ratliff, Consulting Engineer, if.the existing sewer line would be adequate. (Councilman Warren left the room at 8;45 P. M.) Mr. Ratliff advised that he was not aware of the alternate plans until this evening; therefore, the matter has not been in- vestigated. However, it is possible that the line would not adequately serve. Mr. Elliott stated that a sewer line is proposed to accommodate Terry Davis Subdivision -- that Mr. Bauer proposes to pick up that line and extend it to serve Bauer Addition; however, in the event the ex- tension to Terry Davis Subdivision has not been finalized when development of Bauer Addition is started, Mr. Bauer plans to tie into the existing sewer line which serves Oakwood Terrace North, extending the line South, along the West property line. (Exception to this plan was taken by the City Manager and City Engineer.) Mr. Elliott stated that Debra Drive will be paved, •curb and gutter w i l l be i n s t a l l e d , and water and sewer l i n e s w i l l be extended, if the preliminary plat is approved, that the Planning and Zoning Commission has made a recommendation for approval by the Council. F Councilman Samuels asked if it is possible that development of this subdivision may be started prior to the development of the apartments to be located in Terry Davis Subdivision. Councilman Samuels stated that: the City has had some sewer problems in that area and asked Mr. B i 11 Ratliff, Consulting Engineer, if.the existing sewer line would be adequate. (Councilman Warren left the room at 8;45 P. M.) Mr. Ratliff advised that he was not aware of the alternate plans until this evening; therefore, the matter has not been in- vestigated. However, it is possible that the line would not adequately serve. .3 (;Pale Six; Minutes of regular: meeting, Eu.less,City Council, March 25, 1969) Mr. Elliott stated that his - original design is based on the fact that the other party i s to perform -- that the Developer of Bauer Addition does not want t o put i n a sewer l i n e which would aggravate an exist, ing problem. In a discussion of the zoning classification of the property in question, it was determined that three hundred (300) feet, adjacent to Highway 183 is zoned ''C -2" Community Business District, which would allow the construction and operation of a washateria. City Manager Griggs stated that he is of the opinion the new line should be required --that the existing Six inch sewer line located North of the property in question is inadequate. Councilman Samuels said that he questions two statements contained in a letter dated March 11, 1969, addressed to Mayor Fuller from Mr. William Hunter McLean. One being the plans, in 1962 for extending Debra Drive -- the other. regarding negotiations with Mr. Bauer. Councilman Samuels asked Af the street is necessary, , I . .. Mr. E I I i o tt stated that he is not ;sure if the City contacted Messrs. Lewis and McLean concerning the extension of Debra Drive, or if it was the Developer of Oakwood; Terrace North. (Councilman Warren returned at 8;50 P. M.) Mr. Elliott stated that, he is of the opinion streets are needed to give access to all residential areas, and it is only natural to assume that Debra, Eastcliff and, - possibly other streets in the area should be extended.. Mr. E I I i ott commented that Oakwood Terrace North Addition area -- that it w I I not be a can be reached from Highway 183 by only two streets, and in his opinion, the extension of Debra Drive is a necessity to citizens who reside North of Highway 183. , Mayor Fuller recognized Mr. Bill Pannell, who stated that he represents Messrs. Hunter McLean and ,John Lewis, Owners of Tract 1 of the proposed Bauer Addition. Mayor, F u l l e r asked i,f Messrs. McLean and Lewis own additional acreage in this area. Mr. Pannell rep] ied negatively. Mr. .Pannell stated that in 1962, Messrs. Lewfis and McLean promised the. residents to the North access through this property -- that the City obviously wanted the street extended, because Debra was stubbed out; otherwise, flebra Drive would have been curved or a culdesac would have been sonstructed at that time. Mr. Pannell stated that Messrs. McLean and Lewis required the construction of the street as a part of the consideration in their transaction with Mr. Bauer -- that construction of the street will enhance the value of the property which they retained. Mr. Pannell stated that he i s of the opinion the extension of Debra Drive -is a value to the Developer and to the entire area -- that it w I I not be a major thoroughfare -- it is an access which can be used but it not necessary. . 33 (Page Seven, Minutes of regular meeting, Eu'le §s City Council, March 25, 1969) City Attorney Cribbs stated that the City did not require that the Developers of Oakmood'Terrace North stub Debra Drive that the Developer presented plans which were approved by the City. In a discussion of the street, Councilman Byers stated that he is of the opinion the State Highway Department does not recommend a street cut into a thoroughfare. ' Councilman Douglass stated that he- is of the opinion Highway 183 w i I I eventually be a six lane freeway, with access roads. In, reply to a question frorii Councilman Samuels, City Manager Griggs stated that, from the planning standpoint, fewer collection points are considered less hazardous. Mr. B i I I Ratliff statdd that he would change his opinion'concerning the extension of the street, if there were access roads on Highway 183. City Manager Griggs advised that plans for State Highway 183 have not been approved by the State Highway Commission -- that plans were presented to the Commission by the Highway Committee for the Regional Airport. Mr. Griggs statdd further that the only information in the local District Highway Office is that the highway w i l l be maintained i n i t s present status. Councilman Samuels made the motion to concur with the recommendation of the Consulting Engineers and the City Manager and grant preliminary plat approval of Bauer Addition, Tracts 1 and 2, providing the extension of Debra Drive be omitted. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Samuels, Warren and Shull Nays: None Mayor Full let: declared .the motion carried.. Councilman Shull referred to the minutes of the Planning and Zoning Commission dated March 18, 1969, in which the Commission requests that more detailed information be furnished by the Consulting Engineers. Mr. Ratliff said he realizes that his comments concerning the extension of Debra Drive were somewhat brief -- that he will try to elaborate more in the future. V. FINAL PLAT APPROVAL' BAUER ADDITION, TRACT 2 _ Mr. Walter Elliott stated that he requests a conti- nuance, until a later meeting, of the request for Final Plat Approval for Bauer Addition, Tract 2. Mr. Elliott advised that deletion of the proposed ex- tension of Debra Drive necessitates further study and negotiations -- that the purchase price of Tract 2 included the installation of the street; therefore, a new contract w i I I have to be drawn and plans w i I I have to be revised. 34 (Page Eight, Minutes of regular meeting, Euless City Council, March 25,-1969) Councilman Douglass suggested that Mr. Elliott obtain information from the Highway Department, prior to the next'meeting, concerning plans for Highway 183. VI. REPORT FRCM CONSULTING ENGINEERS PALUXY WELL LOCATED ON CENTRAL nR I \/F M r . B i l l Ratliff, Consulting Engineer, reported that the�Paluxy well located on Central is sanding up and it is the recommendation of, the Consulting Engineers that the City negotiate for installa- tion of a gravel pack and Screen. Councilman Douglass made the motion to approve the retorrrrrendation ' of the City's Consulting Engineers, as an emergency measure, authorizing the City Manager to negotiate for necessary repairs to the well. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Byess, -Douglass, Samuels, Warren and Shull Nays:.,- None Mayor Fuller declared the motion carried. V" NTRODUCTIAN OF- CANDIDATES IN THE MUNICIPAL ELECTION APRIL 12, 1969 Mayor Fuller recognized Mr. Don Lincoln, Candidate for Councilman Place 2, and his wife, Kathy, Mr. Dwayne Wilcox, Candidate for Councilman Place 4, and his wife Diane, and Mr. Harold Copher, who is also a candidate for Councilman Place 2. Mayor Fuller statdd that Mr. Pete Krause, who is a candidate for the Office of Mayor, was present this evening; however, he was not present in the Counci.t Chambers at that time. VI 11. DISCUSS ION CONCERNING' POSSIBLE INSTALLATION OF SIDEWALKS ON PIPELINE ROAD . In a brief discussion concerning the possibility of securing right -of -way for installation of sidewalks along bhe South side of Pipeline Road, it was suggested that funds might be available, if the City of Bedford participates in the street improvements, Mayor Fuller instructed City Manager Griggs to investigate the possibility of obtaining necessary right -of -way from the Morris• dale entrance to Central Junior High School, i.f possible. 1 (Page Nine, Minutes of regular meeting, Euless City Council, March 25, 1969) IX. INTRODUCTION CF OWNERS OF ALLEN FUNERAL HOME 35 Councilman Douglass recognized Mr. Russell Allen, who introduced his father, who is president of the corporation-which plans to construct and operate a Funeral Home,to be located at 803 West Euless Boulevard, The elder Mr. Allen briefed the Council on plans which are proposed by his firm, stating that he'sees a need for the ser- vices which they 'offer, Mr. Allen stated that he is aware of Colonial Funeral Home's agreement to furnish emergency services within the City of Euless -- that Colonial has been contacted and they have agreed to relinquish their rights to this agreement upon the offer of services by Allen Funeral Home -- that the owners of Colonial have agreed to back =up the emergency services offered by Allen Funeral Home, should the need arise. Mr. Allen advised that his firm is not requesting a contract or franchise; however, they request that the City of Euless enter into an agreement with his firm that the Euless Police Department wi I I dispatch their ambulances in an emergency for a specific period of time -- the purpose of this agreement being to protect his firm, should other services move into the City dur- ing that period. Mr. Allen stated that he and his'associates would appreciate the opportunity of working with the Council toward'a suitable agreement, if this proposal is not acceptable. M r . A l l e n advised t h a t construction w i l l be completed as soon as pos'sible. In reply to a question, Mr. Allen advised that ambulance service could be furnished in the very near future, from a temporary office, if there is a need for it. Mayor fuller .stated that this is a service which is needed and that he, personally, welcomes Allen Funeral Home to the City; however, he does not see a need for requesting ambulance service at this time. X. DISCUSSION CF TRAFFIC SIGNALS LOCATED AT NORTH MAIN AND HIGHWAY 183 A gentleman in the audience inquired i f the City of Euless can petition the State Highway Department for installation of a left -turn signal from North Main onto State Highway 183. Mayor Fuller advised that the City of Euless has been t o l d by the State Highway Department, t h a t they w i l l not improve signalization at this location as long as the service roads are two -way. City Attorney Cribbs stated that the State Highway Department previously advised the City that the service roads should be one -way; however, business men in the area protested the change, preferring that they remain two -way. ' Councilman Byers commented that this change was made in the City of Hurst; however, in approximately four months the roads were changed back to accommodate two -way traffic. Councilman Byers stated that, in his opinion, the timing of signals at this location should be changed, allowing more time for traffic to move from the North and South. 361 (Page Ten, 'Minutes 'of. regular ineeting, Euless City C6unci1�, March 25,_ 1969) r Mayor Fuller stated that he wi I I instruct the City Manager to request the Highway Department's consideration of this matter.' XI . DISCUSSION OF NEED FCR IMPROVEMENTS TO PEBBLE CREEK, MR. GEORGE EBERHART Mr. George Eberhart advised that he wrote a letter to the City of Euless sometime ago regarding improvements to the channel in Morrisdale Estates; however, he has not received a reply at this time., City Manager Griggs stated that there is a controversy concerning the improvement of the channel, and he is unable to answer M,�,6 Eberhart's questions at. this time. Mr. Griggs stated that he and -the City's Consulting Engineers are of the opinion the bed of the channel should be concrete lined; however, the Developer and his Engineer misunderstood. and he,-,has been in= formed they did not plan -to do it- Mr. Eberhart stated that he is of the opinion the City wi.11 want to.do something with the bank of the ,channel -- that the residents were of the opinion it was satisfactory'; however, a bulldozer came in and they are now experiencing the same problem. Mr. Griggs stated that he is hopeful this ;I matter will be finalized within a week or ten days. on INTRODUCTION OF ,SCHOOL BOARD.. CANDIDATES r Mr, .Ebe.rhprt seated that he would like to introduce Mr. Jim R. Michaels, a resident of the Morrisdale Addition, who is a candidate for Hurst - Euless- Bedford Independent School District Board of Trustees, Councilman Harold Samuels was also recognized as a candidate in that election. rq■r.101- 7kq INtlJkq 1r XIII. The meeting adjourned at 9:35 P, M. APPROVED: ATTEST: G Mayor City Sovrgtary