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HomeMy WebLinkAbout1974-04-0949 Regular Meeting Euless City Council April 9, 1974 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :00 P. M. in the Ccu nci 1 Chambers of Euless City Hall by Mayor Pro Tem Harold Gopher. Members present were Mrs. Willie Mae McCormick; Messrs. B i l l Dunn, Darrel Benson, Harold Samuels, and Wayne Wright. (Absent was Mayor A. C. Krause). Also present were City Secretary Vada Ferris and City Attorneys Bob McFarland and James Cribbs. (Absent was City Manager C. J. Griggs). VISITORS Visitors present were: Messrs. James C. McKinney, W. J. "Doc" Hyde, W. A. Lowley, H. K. Huie, William V. Counts, Eddie Langford, Ray Spooner, Don L. Armstrong, Martin V. Case, Jr., Frank Douglass, Robert L. Spinks, Kenneth E. Davis, Chester C. Smith, George Winter, R. W. Harris, John H. Soliday, Walter Adams, M. J. Barber, J. H. Ridlehuber, V. Garza, Jr., W. W. Barnett, Ira Goodfellow, William R. Dunn, Bobby D. Nichols, D. L. Chesney, H. T. Huffman, D. V. Atchison, C. M. Lipton, Joe W. Ridlehuber, J. R. Stone, Warren L. Wright, Gordon Polk, Carl Maas, Aubrey Rampy, A. G. Scribner, Tommie Samuels, E. W. Cox, J. D. Brackman, Ray McCord, T. J. Mitchell; Mesdms. Don L. Armstrong, Elsie Hale, Jo Ellen Spinks, Marilyn J. Davis, Rose Hilborn, Chester C. Smith, R. W. Harris, Wayne Harp, Dale Godwin, Helen B. Soliday, Walter Adams, J. H. Ridlehuber, V. Garza, Jr., W. W. Barnett, Margaret Rampy, Judy Scribner, Mary Ann Ridlehuber, M. J. Barber, Wayne C. Wright, Barbara Polk, Maria Cox, and Nelda McCord. INVOCATION ' The invocation was presented by Mrs. Willie Mae McCormick. APPROVAL CF MINUTES The minutes of the regular meeting dated March 12, 1974 were approved as written. FIRST READING OF ORDINANCE - REQUEST CF MR. RAY MIXON FOR CHANGE OF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "SP" SPECIFIC USE FOR OUTSIDE STORAGE OF CON- TRACTORS EQU I PMENT ON LOT 2 BLOCK 10, BELL RANCH TERRACE ADDITION NO. 1, (PROPERTY LOCATED 70.0' SOUTH CF SIGNET DRIVE ON PROPOSED CROWE DRIVE) (PUBLIC HEARING HELD MARCH 26, 1974) ZONING CASE NO. 237 Mrs. McCormick moved to concur with the bO (Pape Two, Regular Meeting Euless City Council, April 9. 1974) recommendation of the Planning and zoning commission for change of zoning on Lot 2, Block 10, Bell Ranch Terrace Addition No. 1 from "R -1" Single Family Dwelling District to "SP" Specific Use for outside storage of contractors equipment with the following conditions: that the permit be granted for one,year4s, duration and granted that M r . Mixon s t i l l owns the property and equipment; that screening not be required using the present shrubbery and any future shrubbery Mr. Mixon wishes to place around the lot. Mr. Samuels seconded the motion and the vote is as follows: Ayes: Mrs. McCormick; Messrs. Samuels, Dunn and Copher Nays: None Mayor Pro Tem Copher declared the motion carried. ORDINANCE NO. 467: AUTHORIZING AMENDMENT OF 1973 -74 BUDGET FOR SALARY ADJUSTMENTS Mr. Samuels made the motion that in lieu of Ordinance No. 467, the City Council pass as Ordinance No. 467 a pay increase for all City employees, except the City Manager and City Secretary, equal to the maximum percentage increase previously set for f iremen,;.arrd police officers; that such increase •be effective as of April 1, 1974, and funded out of the reserve funds; that this ordinance be adopted without second reading and to be effective immediately. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Samuels, Mrs. McCormick, Mr. Dunn and Mr. Copher Nays: None Mayor Pro Tem Copher de stared the motion carried. OATH OF OFFICE City Attorney James Cribbs administered the Oath of Office to Mr. Harold Samuels, Place Three and Mr. Wayne Wright, Place Five. ( M r . B i l l Dunn Ieft at this time and Mr. Wright was seated.) (Copy of signed Oaths on file in the Office of the City Secretary.) IV. ELECT MAYOR PRO TEM Mr. Wayne Wright moved that Mr. Harold Samuels be approved to serve as Mayor Pro Tem of the Euless City Council. (Page Three, Regular Meeting Euless City Council, April 9, 1974) Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr, Wright, Mrs. McCormick, and Mr. Copher Nays: None Abstained: Mr. Samuels carried. Mayor Pro Tem Copher declared the motion V. PUBLIC HEARING - ZONING CASE NO. 238: REQUEST OF MR. H. K. HUIE, JR. FOR CHANGE OF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -2 "'COMMUNITY BUSINESS DISTRICT, "R -3" MULTI - FAM C LY DWELLING DISTRICT AND "R -2" TWO FAMILY DWELLING DISTRICT ON PROPERTY LOCATED EAST OF HUNTINGTON ADDITION AND WEST OF EULESS CITY LIMIT LINE. Mayor Pro Tem Copher opened the Pyblic Hearing and recognized Mr. Harvey Huie, who stated that he owns the property east of the Huntington Addition which was annexed into the City of Euless after deannexation by the City Of 'Fort Worth several years ago. Mr. Huie stated that he was not notified by the City of Euless of the annexation and that at the time the City annexed the property from the City of Fort Worth, it was zoned commercial and became residential after being annexed into the City of Euless. Mr. Huie located the area in question on a map and commented that some o f the property i s s t i l l in the City of Fort Worth and is zoned "F -1 ". He stated that he proposes Tract 1 and 2 to be zoned commercial, Tract 3 for apartments, Tract 4 for duplexes and Tract 5 for commercial. Mr. Huie introduced his attorney, Mr. Counts, who presented a letter which he outlined briefly for the Council, basically stating that the annexation of this property is void. (Copy of letter on file as Council exhibits in Office of City Secretary.) Mayor Pro Tem Copher inquired if there were proponents. There being none, he inquired if there were opponents, and recognized Mr. Carl Maas, 507 Huntington, who stated that, at onetime, the property in the Huntington Addition was in Tarrant County and that residents of the area petitioned to be taken into the City of Euless. However, the property was annexed into the City of Fort Worth. He Commented that there is no hostility toward Mr. Huie but residents of this area just want to know what Mr. Huie plans to build on the property and do not wish to see "blanket zoning" for the area. (Mr. Benson arrived at this time.) Mr. Robert Spinks, 301 Huntington, stated he had lived in the area since 1965, and that if this project is approved as presented by Mr. Huie, two houses east of his residence wi 11 have to be torn down, Lit (Page Four, Regular Meeting Euless City Council, April 9, 1974) Mayor Pro Tem Copher stated that it appears that the majority of the people present appear to be concerned about the rezoning of this property and, for the sake of time, he asked that all persons who object to this zoning stand up. Mr. Sarnuels counted and reported that there were 46 persons standing. Mayor Pro Tem Copher recognized Mr. Frank Douglass, 502 Martin, who stated that he does not live next to the project but he does live near the project. He stated that there are several points he would like to make: 1. That he lives close enough to the proposed project that if this type of zoning is granted and the project is built, this will be a high density area; that'it will'not enhance the value of. the property in this area. 2. That the City Council at the time of annexing the property into the City'of Euless promised protection for the residents of the area. 3. The land use plan does not approve this type of zoning. 4. That some of these people have talked to Mr. Huie and tried to encourage him to back up a few lots and leave them as residential property and t h a t persons buying these l o t s w i l l know what they are buying next to. Mr. Douglass stated he would like to see' this Council consider this case very carefully and give the people in the Huntington Addition a break. Mayor Pro Tern Copher declared the Public Hearing closed and informed Mr. Huic that the Council's policy is to consider a zoning case at the next regularly scheduled meeting following the Public Hearing. VI. OATH OF OFFICE City Attorney Bob McFarland administered the Oath of Office to Mr. Darrel Benson, Place Five. VII. CONSIDER REQUEST FROM MR. TERRY CUNNINGHAM, EULESS JAYCEES TO ARRANGE WITH PRIVATE PROPERTY OWNERS FOR THE INSTALLATION AND MAINTENANCE OF TRASH CONTAINERS. Members of the Council had been presented a letter from the Euless Jaycees requesting the Council approve the Jaycees request to place litter containers throughout the City with advertising on the side of the containers which would bring additional revenue to the Jaycees for their various projects. (Page, Five, Regular Meeting Euless City Council, April 9, 1974) Mayor Pro Tem Copher recognized Mr. Ray Spooner, representing Mr. Cunningham, who briefly reviewed the proposed project by the Jaycees and stated that the Jaycees will maintain the titter barrels. Mayor Pro Tem Copher stated that the Jaycees must have permission from the property owners to place these con- tainers i n this area and that the Jaycees will be responsible for emptying the litter barrels. Mr. Spooner stated that the Euless Jaycees are under bond to maintain the litter barrels, keep them painted, and empty them; that the barrels weigh 3,000 pounds and could not be easily overturned. Replying to a question he stated that the Jaycees have a contract with the company who owns the containers and that the Jaycees are requesting the Council permit advertising to be placed on the barrels, He stated that the Jaycees have been advised that this would be in violation of the City sign ordinance and therefore they are requesting a waiver of the sign ordinance. Mr. McFarland stated that the City Council cannot waive an ordinance; that possibly this is a case for the Zoning Board of Adjustment; that the sign ordinance is a zoning ordinance and that he would have to check into this case and see if this would go to the Zoning Board of Adjustment; the City Council could be asked to amend the City Ordinance but that they cannot waive the ordinance. The City Attorney was instructed to check into this matter and report to the City Council at the next meeting and advise Mr. Spooner of his report. VIII. AUTHORIZATION FCR RECEIPT OF BIDS FCR FURNISHING 'ONE (1) 85 FOOT AERIAL LADDER AND 1000 GALLONS PER MINUTE PUMPER FIRE APPARATUS. (TO BE FINANCED BY REVENUE SHARING TRUST FUND.) Mayor Pro Tem Copher stated that the City Secretary has advised the Cotancil that Mr. Griggs, City Manager, recommends the Council's authorization of the receipt of bids for the 85 foot aerial ladder and 1000 gallons per minute pumper fire apparatus to be financed by Revenue Sharing Trust Fund. Mr. Benson moved to concur with the recommendation of the City Manager and authorize the receipt of bids for the 85 foot aerial 'ladder and 1000 gallons per minute pumper fire apparatus to be financed by Revenue Sharing Trust Fund. 'Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Benson, Mrs. McCormick; Messrs. Samuels, Wright and Copher Nays: None Mayor Pro Tem Copher declared the motion carried. 53 54 (Page Six, Regular Meeting Euless City Council, April 9, 1974) IX. SULPHUR BRANCH DRAINAGE Mayor Pro Tem Copher recognized Mr. Marty Case, who stated that he was unable to attend the last Council meeting and would I i ke to know what action the Council took, i f any, on the Morrisdale Drainage Channel problem. At the request of Mr. Harold Samuels, Mr. Case was presented a copy of the Council minutes dated March 26, 1971+, outlining the Council's action on this matter. Mayor Pro Tem Copher advised Mr. Case that the Council had discussed this matter and decided that the major problem is the bridge crossing Bluebonnet Drive in the City of Hurst. Mr. Case stated that there is an upstream as well as a downstream problem and he has seen water over the top of the bridge crossing Sulphur Branch. Mayor Pro Tem Copher stated that the City Engineer is not present this evening but has advised the Council that they are making an effort to find a solution to the problem and hopefully can make a recommendation to the Council at the next scheduled meeting. Mr. Case stated that one of the property owners in the area has constructed a fence across the drainage channel, which does not help the drainage situation any. The City Manager was instructed to check on easements in the County records to determine if drainage easements do exist in this area and are on County plats and not City plats. At the request of the City Council, Mr. Case stated he would make a copy of his easement available to the City. Mr. Case stated that the Council, on September 25, 1973, agreed to improve the drainage channel from Pipeline Road South to Woodvine. Mr. Samuels read from the minutes of the September 25, 1973 meeting, the following motion: Mr. Copher moved that the City agree to participate in the channel improvements as fol lows (1) cost not to exceed $150,000. (2) easements and agreements acquired from all property owners to meet Engineer's requirements (3) releases obtained from property owners concerning possible damages to swimming pools, trees, fences, etc. Mr. Benson seconded the motion and the vote is as follows: (Page Seven, Regular Meeting_ Euless City Council, April 9, 1974) Ayes: Messrs. Copher, Benson, Dunn, Samuels, and Mrs. McCormick Nays: None Mayor Krause declared the motion carried. Mayor Pro Tern Copher stated that the City has $150,000.00 for this project but must have the easements before anything can be done. Mr. Case stated that all but four families have signed easements and that he believes that he can get two of these families to sign but is uncertain about the other two. Mayor Pro Tem advised that the C i t y ' s drainage problems w i l l be discussed at the next regularly scheduled meeting. X. DALLAS-FORT V\CRTH R E G I ONAL A l RFCRT F L IGHTS Mayor Pro Tern Copher recognized Mr. R. W. Harris, 805 Koen, who stated that he is concerned about the flights from the mew airport. He stated that he had read in the paper that some of the other cities in this area have protested to the Airport Board about the planes flying so low in the residential areas and that he requests the Euless City Council to make a similar protest. He stated that many of the houses in the south portion of Euless are experiencing flights just over their rooftops and that he understands that planes are supposed to f l y over Greater Southwest Airport. Mayor Pro Tem Copher stated that he has been in touch with the Airport personnel concerning the approach and take off of the planes and has been ad ised that the patterns have been altered twice since the airport opened and there is soon to be another change, Mr Harris stated that the main problem seems to be with the take off of the p anes which are jets and at times fly directly over residential areas in Eultss. Mr. Copher advised that he would contact the proper persons at the Airport again requesting their consideration of this matter. XI. LAND USE MAP REVISION Mrs. McCormick advised the Council that the update of the land use map recently approved by the City Council at the request of the Planning and Zoning Commission has a discrepency in the Bear Creek area. The City Secretary was instructed to send corrected maps to the City Council. 55 5i (Page Eight, Regular Meeting Euless City Council, April 9, 1971+) XI I. DISCUSSION OF FEDERAL FLOOD PROGRAM Mrs. McCormick stated that at the last Council meeting Mr. Bowers had mentioned that Euless residents cannot buy flood insurance because the City of Euless did not join the Federal Flood Programs She has checked into this matter and that the City can join this program by passing an ordinance and making application before 1975. Mrs. McCormick stated that she had talked with Mr. Greer of Housing and Urban Development, who stated that he would be pleased to discuss this program with the Council. The City Secretary advised the Council that the City Manager has several flood plane maps and is compiling material to present a report to the Council on the Federal Flood Program. Members of the Council agreed to review the City Manager's report before scheduling a discussion session with Mr. Greer. XI II. TEXAS WATER QUALITY BOARD HEARING Mrs. McCormick reported. that the Texas Water Quality Board will hold a Public Hearing on April 11 in the City of Duncanville to consider a permit for a proposed drainage not to exceed an average flow of one million gallons a day of domestic sewage effluent from the proposed residential sewage treatment plant which is to be located immediately south of Little Bear Creek, at a point approximately 1.8 miles east of U, S. Highway 377 in the City of Keller, Texas. (This permit is requested by Ryan- Management Company BURSEY ESTATES) The City Secretary advised the Council that the City Manager has signed a letter of protest to the Texas Water Q u a l i t y Board and the C i t y o f Euless w i l l be represented at this Public Hearing by Mr. Kenneth English of Knowlton-Ratliff-English-Flowers, City Engineer. Mrs. McCormick stated that she plans to attend the hearing in Duncanville. X1 V. COUNCIL REQUESTS ESTIMATED COST OF SCANNER AND ADDITIONAL LIGHT AT POLICE BUILDING Councilman Samuels requested that the City Manager be instructed to present an estimate of costs for a scanner and additional lighting at the rear of the Police Building. (Page Nine, Regular Meeting Euless City Council, April 9, 1974) XV. ADJOURNMENT The meeting adjourned at 9:20 P.M, APPROVED: 7 Mayor ATTEST: /s/ Vada Ferris City Secretary 57 58 I 1