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HomeMy WebLinkAbout1969-06-24121 Regular Meeting of the Euless City Council June 24,' 1969 CALL TO ORDER The regular meeting of the Euless City Council was called 'to 'order at 8:00 P. M., with Mayor A. C,. Krause presiding. Councilmen present are 1isted'as'follows: Messrs. J. Dwayne Wilcox, 'Frank Douglass and Harold Copher. (Absent: Councilmen Don Warren and Dan Shull.) Cribbs, City Manager C. J. Griggs, Recording Secretary Della Houy. 1rnivnrnTnrn1 Councilman Harold Copher. VISITORS Also present were City Attorney James Consulting Engineer Bill Rat] iff and The Invocation was presented by Visitors i n attendance are listed, as follows: Messrs. Doyle Ricks, Ivan Gregory, -James Waddle, W. W. McCormick, Joe Farina, John Pass, Robert Rogers, J. T. Pass, Larry L. Melton, Barry Thompson, John Jones, Chuck Osborrre, Leo F. Corrigan, Jr., Reece N. Smith, Russell D. Allen, Ross W. Smith, Herbert S. Bomney, Jr., Carl Farina, Jr., Robert Power, John Greb, Piers Chance, Mackey Allen, Jack W. Browne and Vern Krehbiel; Mesdms. Doyle Ricks, Sally Waddle, Norma Morelock, R. L. Moon, Reece N. Smith, Jack W. Browne, Vern Krehbiel and Betty Potthoff, represent- ing Mid - Cities Daily News. APPROVAL CF MINUTES The minutes of the regular meetings dated May 27, 1969 and June 10, 1969, were approved as written. PUBLIC HEARING - ZONING CASE NO. 191, REQUEST OF MESSRS. LEO F. CORRIGAN AND EDWIN B. JORDAN FCR REZONING LOTS 7, 9, 11, 12, 13, 14, 15, 16, 17, 18AND19, BLOCK A, SHEPPARD ADDITION, FRCM "R -1" SINGLE FAMILY DVVELLI NG DISTRICT TO "R-3" MULTIPLE FAMILY DWELL I NG DISTRICT Mayor Krause• opened the Pub] i c Hearing on Zoning Case No. 191, to consider rezoning Lots 7, 9, 11, 12, 13, 14, 15, 16, 12 (Page Two, Regular Meeting of the Euless City Council, June 24, 1969) 17, 18 and 19, Block A, Sheppard Addition, from "R -1" Single Family Dwelling District to "R -3" Multiple - Family Dwelling District, as requested by Mr. Leo F. Corrigan and Edwin B. Jordan. Mayor Krause recognized Mr. Gene Welch, representing Messrs. Leo Corrigan and Edwin B. Jordan, Developers. Mr. Welch stated that Mr. Corrigan is presently building ,apartments on -the West of the property i'n question arid desires to enlarge the present apa- rtment complex. The Developers recognize this to be the best use of the property i n question. Mr.. Welch presented a plat of the area and stated that the logs i n question are approximately one hundred, fifty (15,0) feet deep.. Mr. Welch advised that the City of Euless owns most of the property on the East side of Sheppard Drive. I n reply to a question by Mayor Krause, Mr. Welch stated that they have tried to buy the property belonging to the Sheppard Drive Baptist Church, but the price wa's too high, and impossible to purchase. Mayor Krause inquired about the status of acquiring Lots 6, 8 and .10. Mr. Welch advised that they have contracts drawn' and signed by the developers. In answer to a question by Mayor Krause, KAr. Welch stated that negotiations were closer now than several weeks ago. Mayor Krause called for opponents to this zoning case. There being none, Mayor Krause declared the Public Hearing closed, advising that further consideration wi I I be given this matter at the next regular council meeting. CONSIDERATION OF ZONING CASE NO. 190, REQUEST CF MR. ROBERT POWER FCR REZONING 82 ACRES IN SOLOMON HUITT SURVEY, ABSTRACT 702, FROM "11-1" SINGLE FAMILY DWELLING DISTRICT TO "R -iii MULTIPLE - FAMILY DWELLING DISTRICT Mayor Krause recommended that Mr,. Robert Power's zoning request be tabled u nti I such time as the council 'can meet with Mr. Robert Caldwell, City Land Planner. City Manager Griggs was Instructed to set up a meeting with Mr. Caldwell on this matter. 123 (Page Three, Regular Meeting of the Euless City Council, June 24, 1969) CONSIDERATION OF PROPOSED ONE -WAY SERVICE STREETS ADJACENT TO HIGHWAY 183 IN VICINITY OF MAIN STREET Mayor Krause called on Councilman Frank Douglass to read a letter from the Texas Highway Department, concerning the proposed one -way service streets adjacent to Highway 183, in the vicinity of Main Street. ( L e t t e r , dated June 23, 1969, on f i l e in Council Exhibits folder.) Mayor Krause inquired if there were those in the audience or any council member who had questions on this matter. Councilman Douglass stated he wants it explained t h a t there w i l l be a 'delay, because the Highway Department does not have this expense in their budget at this time, and it would be five (5) to six (6) months before the signalization could be in operation, possibly December or January. Ayes: Councilmen Copher, Wilcox and Douglass Nays: None Mayor Krause declared the motion carried. I.V. RESOLUTION NO. 238 , CALLING PUBLIC HEARING; ZONING CASE NO. 1.89, REQUEST. FCR REZONING. 7..914 ACRES OUT OF J. P. HALFORD SURVEY,-FROM "11-1" SINGLE FAMILY DWELLING-DISTRICT TO "R -3" MULTIPLE - FAMILY DWELLING DISTR4.GT Mayor Krause recognized Mr. Piers Chance, representative of Mayflower Investment Company, who 'requests further consideration of his request for rezoning his property, on which a Public Hearing was previously denied. Counci Iman Cophe'r made the motion to instruct City Attorney Cribbs to prepare an ordinance making service roads along Highway 183, one -way. This ordinance to go into effect two (2) weeks prior to 'completion of the traffic signal in accordance to the terms of the letter. Cou.nci ]man 'Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Wilcox and Douglass Nays: None Mayor Krause declared the motion carried. I.V. RESOLUTION NO. 238 , CALLING PUBLIC HEARING; ZONING CASE NO. 1.89, REQUEST. FCR REZONING. 7..914 ACRES OUT OF J. P. HALFORD SURVEY,-FROM "11-1" SINGLE FAMILY DWELLING-DISTRICT TO "R -3" MULTIPLE - FAMILY DWELLING DISTR4.GT Mayor Krause recognized Mr. Piers Chance, representative of Mayflower Investment Company, who 'requests further consideration of his request for rezoning his property, on which a Public Hearing was previously denied. 124 (Page Four. Regular Meeting of the Euless City Council, June 24. 19A9) • Mayor Krause stated that i n view of present action, the council should allow the Public Hearing. Councilman Douglass stated that he f e It the same. Councilman Douglass made the motion to approve Resolut'ion'No. 238, setting July 22, 1969, as the date far the Public Hearing on Zoning Case No. 189. Councilman Copher seconded the motion., and the vote i s as follows: Ayes: Councilmen Douglass, Copher and Wi Icox Nays: None Mayor Krause declared the motion carried. CONSIDERATION OF PRELIMINARY AND FINAL PLAT PUENTE DEL OESTE, MR, JOMN PASS., DEVELOPER Mayor Krause recognized Mr. Walter Elliott, who stated that he represents Messrs. John Pass and Joe Farina, who request preliminary. 'and' final plat approval for Puenee Del Oeste Addition, located on the- Southeast corner of `Highway 183 and Highway 157, Mr. EIliott'stated that he had presented this request at the previous council meeting. Mr. Elliott stated that Mr. Farina and Mr. Pass were in the audience if the council had any questions, Mr. E I I i ott stated that the proposed subdivision consists of approximately thirty -two (32) acres. This property w i l l be subdivided into five (5) tracts with Del Paso being the main street through the property. Mr. Elliott stated that the developers will install water and sewer lines to meet. City requirements. Mr. Elliott stated that the developers will dedicate ingrress and egress easements to the C i t y , but they w i l l be maintained by the Developers. One such easement to extend to the South property line for future connection to the extension of Faun Drive and another extending to the East for future connection to Pauline Street. M r . E l l i o t t stated t h a t the private road on the South w i l l consist of head -in parking and a twenty -five (25) foot fire lane and driveway.; 12115 (Page Five. Regular Meeting of the Euless City Council, June 24, 196 9) Councilman Copher inquired about protec- tion for the home owners adjacent-to the apartments. Mr. Elliott stated that the complex wi l l be fenced on the South to protect the single family dwellings. In answer to a question, Mr. Elliott stated that the drainage channel will be improved similar to Bridgegate Apart- ments. Mr. Elliott stated that there will be plenty of off - street parking, with two (2) spaces per unit. Mr. Elliott stated that the developers would be ready to start construction, as soon as a building permit can be obta ined. Councilman Douglass made the motion to approve the Preliminary and Final Plat for Puente Del Oeste Addition, stipu- lating that the drainage -way maintenance covenant be approved by City Attorney Cribbs.- Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher and Wilcox' Nays: None Mayor Krause declared the motion carried. VI. CONSIDERATION CF FINAL PLAT, 183 ADDITION. MR. RUSSELL ALLEN; ,DEVELOPER Mayor Krause recognized Mr. Walter Elliott, who stated that he represents Mr. Russell Allen, Developer of the property on the South side of Highway 183, East of Circus Dairy Mart. Mr. Ell iott'stated -that Mr. Allen desires to build a funeral home. Mr. Elliott stated that at the last meeting a question-was raised about the platting, due to a previous staeet ,dedication-wh.ich, was never opened and. improved. Mr. Elliott stated that this is a replatting of the S. W. Mills Subdivision. The property in question is three - hundred, ninety -eight (398) feet along Highway 183. Councilman Copher inquired about the contract with Allen Funeral Horne for emergency service. Mr. Elliott stated that there would not be a charge for the City of Euless, providing the City allows them to call in extra emergency vehicles. 126' b (Page Six, Reqular Meeting of the Euless City Council, June.24. 1969) Councilman Douglass moved to approve the Final Plat for .183, Addition. Councilman Wilcox seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Wilcox and Copher Nays: None Mayor Krause declared the motion carried. VII. CONSIDERATION CF FINAL PLAT DAY CARE CENTER, CLAY CARE CENTERS OF AMERICA, DEVELOPERS Mayor Krause recognized Mr. Walter Elliott, who stated that he represents the Developers, Day Care Centers of America. Mr. E I I i o tt stated that the property in question is located on Raider Drive, South of Pipeline Road and across from Centeal Junior High School. Mr.. E I I i ott stated that the property is now zoned "C -2 ", Community Business. Mr. Elliott stated that the Developers plan to build a day care school, for approximately seventy -five (75) or eighty (80) children during the day only. Mr. E I I i ott stated that the property is three hundred, eighty -ene (381) feet deep and one hundred, forty '(140)- feet wide. The Developer would not need all the property for the planned center. Mr. Elliott stated that the area would be fenced, and would include a large play area. Councilman Cop -her inquired if the center conformed with City and State building codes. Mr—Elliott introduced Mr. Vern Krehbiel of Scottsdale, Arizona, a representative of Day Care Centers of America. Mr. Krehbiel stated that. the age group will. be. from two (2) to five (5) years of age. He stated that the center will be more than a daytime baby- sitter, it w I I provide an educational program. The hours w i I I be from 6;30 A. M. to 6: 00 P. M. Mr. Krehbiel presented a color photograph of the proposed building, to members of the council. (Page Seven, Regular- Meeting of the Euless City Council, June 24, 1969) t . . Councilman Douglass moved to approve the Final .Plat,, Day,Care Center, Day Care Centers of America, Developers. Council — man Wilcox seconded the motion, and the vote i s as follows: . Ayes: Councilmen Douglass, Copher and Wilcox Nays: None Mayor Krause declared the motion carried. VI II . RESOLUTION NO. 239, AUTHORIZING INVESTMENT CF WATER AND SEWER REVENUE BOND RESERVE FUNDS The City Manager presented Resolution No. 239, for the investing of the avail'able balance of the Water and Sewer Revenue Bond Reserve monies in United States Treasury Notes, bearing interest at the rate of 62/0} maturing May '15, 1976. ,Councilman Douglass made the motion to concur with the City Manager's recommendation and approve Resolution No. 239, Councilman Copher seconded the motion and the vote is as ,follows: Ayes: Councilmen Douglass, Copher and Wilcox Nays: None Mayor Krause declared the motion carried., IX. COMMENTS - BY . MR._ -.R-U-SS-EL.L ALLEN , ALLEN FUNERAL HOME . Mayor Krause recognized Mr. R-u-s5el l Allen, owner of the proposed Allen Funeral Home. Mr,. Allen wanted to thank the council for their decision on 1$3 Addition. Mr. Allen stated he had talked with Colonial Funeral Home and they would furnish Allen Funeral Home with any extra emergency vehicles should the need arise. Allen Funeral Home wi I I have two (2) fully equipped vehicles. Councilman Copher inquired about the cost to the- customer. I (Page Eight. Regular Meeting of the Euless City Council, June 240 196x} I- Mr. Allen stated the cost would be $15.00 for local calls 'and °$25.00 for calls to Fort Worth or Dallas. This cost would include oxygen. In answer to a question, Mr. Allen stated t h a t a l l of his vehicles are state approved, with trained technicians and they are radio dispatched by the Police Department. Councilman Douglass inquired about the Ordinance stating the requirements for an ambulance service in the City of Euless. City Attorney Cribbs stated that the City of Euless would have to have a Letter of Release from Colonial Funeral Horne, as Euless now has an agreement with Colonial Funeral Horne. Mr. Cribbs stated further that this Release did not have to be notarized, but could be done on their personal letterhead stationary. Mr. Cribbs advised Mr. Allen to secure a copy of the ordinance from the City Offices. „ X. DISCUSSION -OF TAX ASSESSMENT ON PROPERTIES IN MINTERS CHAPEL AREA Mayor Krause recognized Mr. Jack Browne, who stated that he speaks for the people who live North of Little Bear Creek. Mr. Browne presented each member of the council with a statement from the Minters Chapel Property Owners Association. City Attorney Cribbs advised that the property assessment has nothing to do with the agreement.. Mr. Cribbs stated that the taxes wi I I remain at the 1965 assessment as it' appears on the tax roll, that the property owners should pay their taxes and bring the paid receipts to the City Hall and the 'City w i l l issue a refund in accordance with the agreement and court order. . Mr. W. W. McCormick stated that he had talked with Mr. Richard Parks, tax assessor, and he was informed to pay his taxes and the refunds would be made as, usual u nti I the property is sold or until 1973. Mr. Browne stated that the property is in the City of Euless without City services. Mr. Browne stated that taxes for most of the property owners has increased approximately 250°/. 129 (Page Nine. Regular Meeting of the Euless City Council, June 24, ,1969) Mrs. Browne stated that some of the land owners have homes and the mortgage company pays the taxes. She stated that when the taxes go up, the house payments go up. City Attorney Cribbs alnquired if the City could send a certified copy of the ordinance to the mortgage companies. Mr. Browne stated he would like for the City to adjust the assessments and - inform the tax office. Mr. Cribbs stated that the tax office is separate from the City offices. City Attorney Cribbs stated that the City can give a copy of the ordinance and the judgment to anyone for their mortgage company. Mr. Browne stated that the tax office is an agent for the City of Euless and it should be up to the City to see that these instructions are carried out. Councilman Copher inquired if it would be possible to send out the regular tax notice and the land owner pay the difference. City Attorney Cribbs stated that the tax bills are printed and billed by machine. Mr. Browne stated that other cities have heard about the tax increase and now - Grapevine has raised his school taxes. Councilman Copher stated that the City has no control over the assessing -of taxes. Mr. Ray Pickens stated that when he went to City Hall for his refund, he was asked to sign a paper that stated that hi-s property would be annexed to the City of Euless, so he did not sign it- Mr. Pickens stated that he was advised that property East of Fuller —Wiser Road was not in the Euless City limits. City Attorney Cribbs stated there was not a court agreemeibt on the annexation of 1963, The Supreme Court remanded the case to the lower courts, for retrial. The annexation stands and all of the property is s t i 11 a part of the City of Euless and has been since 1963. Mr. Gribbs stated that a majority of the people readily signed the paper for their refund. If the matter was taken to court again, the property would be in some City, either, Euless or Fort Worth. Mr. Cribbs stated further, that the 1. 3 O (Page Ten„ Reqular Metting of the Euless City Council, June 24, 1969) City annexed 10% of the property each year for two (2) or three (3) years to f prevent this going back into the courts. Mr, Cribbs stated that it i s a valid annexation. The agreement states that the City will pay the property owners in excess of 1965 taxes and the City will continue to do so. In answer to a question, Mr. Cribbs stated that in order to get the refund, the property Owners must sign the paper. ORDINANCE NO. 354, CALLING AN ELECTION FOR A CITY SALES TAX Councilman Wilcox informed the Council that a date should be set for a City Sales Tax Election. Councilman Wilcox stated the City needs the extra revenue from the sales tax, rather than raise the ad valorem taxes. Mayor Krause stated the City needs eight (8) to ten (10) more policemen which would put the budget approximately $75,000.00 in the red. In answer to a question by Councilman Wilcox, City Manager Griggs stated the City would receive approximately $70,000.00 annually from the sales tax. i Mr. Paul Huffhines stated he favors a sales tax as the City needs it bad. Mr. Huffhines stated further that the sales tax is a just tax and one that everybody would have to pay. Mr. Ivan Gregory statdd that no one shops in Euless; that he doesn't, and there isn't any way the City can realize a return. He stated that a sales tax i s not the answer to the problem. Mr. John Jones stated, as a newcomer to Euless, he would make his wife shop in Euless, He stated the City Sales Tax would lower property taxes in the future. Mr. Jones stated, what you do now insures your budget for the future. Mr. Browne statdd that his wife was on the Library Board for deveral years and he is a member of the Planning and Zoning Commission, and they believe most of the City employees are underpaid and are dedicated personnel and work hard ihnd they a l l need a pay increase. Mr. Browne stated that he thinks a sales tax is the only way to tax apartment dwellers and most of the - building in Euless now is apartments. 131. (Page Eleven, Regular Meeting of the Euless City Council, June 24, 1969) Councilman Douglass made a motion to waive the rule requiring that an Ordinance be read on two separate occasions and approve Ordinance No. 354 on First and Final Reading, setting August 2, 1969, as the date for the City Sales Tax Election. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Wilcox and Copher Nays: None Mayor Krause declared the motion carried. XII. AD.JDURNME NT The meeting adjourned at 9:55 P. M. APPROVED: ATTEST: Mayo r i City $ecretary 132