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HomeMy WebLinkAbout1974-04-2359 Regular Meeting Euless City Council April 23, 1974 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :00 P. M. in the Council Chamber of Euless City Hall by Mayor A. C. Krause. Members present were Mrs. Willie Mae McCormick; Messrs. Darrel Benson, Harold Samuels, and Harold Copher. (Absent was Mr. Wayne Wright.) Also present were City Manager C. J. Griggs, City Secretary Vada Ferris, City Attorney Bob McFarland and City Engineer Bill Ratliff. VISITORS Visitors present were as follows: Messrs. Don Perkins, C. M. Tomlinson, E. Weston Cox, James R. Benshoof, B i l l Lowley, B i l l Counts, H. K. Huie Jr., Charles Herring, Bobby D. Nichols, William R. Dunn, Jimmy L. McCullough, Archie G. Scribner, Robert L. Spinks, Walter 0. Adams, J. F. Carson, Wayne Harp, M. J. Barber, R. W. Harris, Charles F. Stubbs, Gordon Polk, Ira Goodfellow, Carl Maas, L. R. McCord, Noah Cureton, Wells White, David Harris, Kenneth E. Davis, Buddie J. Livingston, Charles Hawkins, Chester C. Smith, Ray Ozebek; Mesdms. Debbie Parish, C. M. Tomlinson, Weston Cox, James R. Benshoof, Anna Herring, Dale Godwin, W. Barnett, Aubrey G. Rampy, L. M. Green, Wells White, Weldon Walker, Archie Scribner, Barbara Gi rouard, Jo Ellen Spinks, Elsie Hale, Eula Adams, Teresa Harp, Helen B. Soliday, M. J. Barber, R. W. Harris, Nelda McCord, Shirley Maas, Chester C. Smith, and Barbara Polk. INVOCAT ION The invocation was presented by Mr, Darrel Benson. APPROVAL OF MINUTES The minutes of the called meeting, April 6, 1974 and the regular meeting dated April 9, 1974 were approved as written. ORDINANCE NO. 468: SECOND AND FINAL READING FOR CHANGE CF ZONING FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "S" SPECIFIC USE FOR OUTS IDE STORAGE CF CONTRACTOR'S EQUIPMENT ON LOT 2 BLOCK 10, BELL RANCH TERRACE ADDITION NO. 1 (PROPERTY LOCATED 70.0' SOUTH OF SIGNET DRIVE ON PROPOSED CROWE DRIVE) [PUBLIC HEARING HELD MARCH 26, 1974) ZONING CASE NO. 237 (REQUESTED BY MR. RAY MIXON, Mr. Copher moved to approve Ordinance 60 (Page Two, Regular Meeting Euless .City Council, April 23, 1974) No, 468 on second and final reading, Mr. Benson seconded the motion and the vote is as follows: Ayes: Mcssrs. Copher, Benson, Samuels and Mrs. McCormick Nays: None Mayor Krause declared the motion carried, NOISE PROBLEMS Mrs. McCormick stated that she has received several calls from persons concerned about the noise created by motocycics and motorbikes. Mr. Samuels advised the Council that the committee appointed last year to recommend a solution to the noise problems in the City of Euless has met several times but learned there is a federal law pending which possibly w i l l be in effect in 1975 to control noise, therefore, the Committee decided it would be wise to wait u nti I the federal law has been passed before making any recommendations to the Council. Mayor Krause requested that Mr. Samuels check to see exactly what the federal law contains and if it is s t i l l considered to be finalized in 1975 and report back to the Council. CONSIDER 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 - FAMILY DWELLING DISTRICT ON PROPERTY LOCATED EAST CF HUNTINGTON ADDITION AND WEST OF EULESS CITY LIMIT LINE. Mayor Krause stated that although the P u b l i c Hearing had been h e l d on A p r i l 9, he 1 1 1 I permit discussion from the floor in this case since Mr. Huie has presented a revised plan for his project. Mr. Samuels stated that he would like for the record to be set straight - that a letter dated April 9, addressed to Mr. Samuels from Mr. Huie stated that the City Council had made a decision concerning this case at their last meeting. Mr. Samuels stated that the City Council did not meet privately with Mr. Huie and his attorney and that the case had not been discussed and no decisions had been made, (Page Three, Regular Meeting Euless City Council, April 23, 1974) Mr. McFarland stated that the City Council members have not been polled about this case and have not met to discuss or make a decision. He stated that Mr. Huie has presented a revised plan i n an effort t o work out something compatible t o a l l persons concerned. He stated the City Council has four alternatives in this case: (1) to grant the zoning request by Mr. Huie (2) deny the zoning request and possibly face litigation (3) table the zoning case, or (4) refer back to the Planning and Zoning Commission. He stated that since the Public Hearing on April 9, there have been many discussions with Mr. Huie's attorney and the Euless City Attorney and some of the citizens in the Huntington Addition. Mr. McFarland located the area in question on the map and explained the revised plan submitted by Mr. Huie. He stated that Mr. Huie had previously requested zoning as follows: Tract 1, "C -2 ", Community Business District, Tract 2, 't -2 ", Community Business District, Tract 3, "R -3 ", Multi - Family Dwelling District, Tract 4, "R -2 ", Two Family Dwelling District. Mr. McFarland stated that the new plan presented by Mr. Huie requests Tracts 1, 2, 4, and 5 remain as previously requested and Tract 3 previously requested for apartments is proposed to be zoned for townhouses. Mr. McFarland stated that Mr. Huie has proposed duplexes on Koen Lane but the citizens in Huntington Place prefer townhouses in this location and Mr. Huie has stated that he might be receptive to this change. Mayor Krause recognized Mr. Maas, 507 Huntington, who stated he represents most of the people in the Huntington area and at the time that he purchased his home he thought the area would be residential; that he and the other citizens in the Huntington Addition' are concerned that Mr. Huie's project will cause devaluation of their property. He stated that he called Mr. Huie on Sunday, April 21, and suggested a meeting of Mr. Huie and some of the citizens of Huntington Place in an effort to work out a firm solution to this .case. He stated that Mr. Huie was unable to meet on Sunday. Mr. Maas stated that the people of Huntington Addition do not know exactly what Mr. Huie proposes. Although, he stated, the map indicates certain specifics, they are st i I I concerned that this might not be a firm enough offer to insure the develop- ment of the project as presented. He stated that Mr. Mule's offer is close to what the people of Huntington Addition would like to have but there are st i11 some questionable areas . Mayor Krause stated that the revised plat presented by M•r. Huie.will have to be referred to the Planning and Zoning Commission. Mr. Maas commented about the. agreement made between the Council and Mr. Huie, Mr. McFarland stated that the Council had not made an agreement and there had not been a meeting of the Council and Mr. Huie. 62 (Page Four, Regular Meeting Euless City Council, April 23, 1974) Mr. Maas still thinks that a meeting should be held of the citizens and Mr. Huie to answer all questions. 1- stated that the residents of Huntington Addition would like to have this matter settled as much as Mr. Huie. Mr. Samuels asked if Mr. Maas could point out the few areas of concern. Mr. Maas stated that he is still of the opinion that the citizens should meet with Mr. Huie. Mayor Krause inquired if Mr. Maas is representing all residents of Huntington present at this meeting and requested that those present being represented by Mr. Maas rise. Approximately fifty (50) people in the audience stood which consitutes a majority of those present. Mayor Krause recognized Mr. Huie who explained that at the last meeting of the City Council on April 9, he and his attorney, Mr. Counts, rrct with Mr. Cribbs and Mr. Cribbs stated that the people are against this and, as a result, Mr. Huie stated that he has worked to try to come up with a plan that would meet the citizens approval. 1t stated that he is willing to change the duplexes to townhouses on Koen Lane. I- advised he has been out of town and did not see the map prepared by his staff until Monday, April 22, and this was the reason he could not meet with Mr. Maas on Sunday. stated that he is asking for a specific permit for townhouses. It commented he feels that he is being specific in his proposed plan; that he will be required to meet the City's building codes and planning codes and he does not see how he can be more specific in his proposal. Ft stated that it would be impossible to please everyone but that he is trying to compromise by submitting this revised plan. Mr. Charles Stubbs, 808 Koen Lane, stated that if the project is approved as presented that the property at the rear of his lot will be zoned for duplexes and commercial. I- stated that he thinks his property should be protected from this zoning. Mayor Krause asked if Mr. Huie would meet with the citizens and explain his plan and answer any questions. Mr. Hu -ie stated he would meet with the citizens, however, he does not feel that 100% of the people can be pleased. Mayor Krause stated that this case will have to be referred to the Planning and Zoning Commission and their next meeting is May 7. I suggested Mr. Maas and Mr. Huie might try to get together prior to that time and have a plan ready to present to the Planning and Zoning Commission. (Pace Five, Regular Meeting Euless City Council, April 23. 1x74) Mr. Samuels moved to refer this case to the Planning and Zoning Commission in the form as it has been presented tonight or a compromise, and this case be scheduled for Planning and, Zoning Commission meeting on May 7. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Samuels, Mrs. McCormick and Mr. Benson Nays: None Abstained : M r . Copher Mayor Krause declared the motion carried. (Mr. Copher stated he abstained because he owns property in the area in quest ion.), Replying to a question by Mr. Samuels, Mr. Huie stated that he would meet with the property owners following this Council meeting. At the Council's request, the Euless City Attorney Bob McFarland and the City Manager, C. J. Griggs are to meet with the group. IV. CITY ENGINEER'S REPORT Mr. Ratliff advised the Council that he does not have a report on the Bluebonnet Bridge crossing; that he is hope- ful of a meeting with the City of Hurst engineers within the next few days at the next regularly scheduled Council meeting. Mr. Benson inquired if the County records had been checked t o determine i f there were existing easements in Sulphur Branch and the other areas previously discussed. Mr. Griggs stated that the County records do not show easements on the plats, Mr. McFarland stated that he has also checked and there are no drainage easements recorded for these properties. V. TRINITY HIGH SCHOOL BASEBALL FIELD BIDS Members of the Council had been presented a tabulation of bids received April 15, 1974 for lighting the Trinity High School Baseball Field as follows: KemTex, Inc. Wooden Poles Euless, Texas $19,950.00 Elmore Electrical Contractors Wooden Poles I n c . , Sherman, Texas S18,706.00 Steel Poles $35,750.00 Steel Poles $22,306.00 64 (Page Six, Regular Meeting Euless C i ty Council, April 23, 1974) Mr. Griggs stated that he had received word from the School Board meeting held t o n i g h t that the School Board w i l l pay for the steel poles, the additional cost being $3,600.00. Mr. Copher moved to approve the bids submitted by Elmore Electrical Contractor, Inc., Sherman, Texas, in the amount of $22,306.00, using steel poles to be paid for by the School District. Mr. Benson seconded the motion and the vote is as follows: Ayes: Messrs. Copher, Benson, Samuels and Mrs. McCormick Nayes: None Mayor Krause declared the motion carried. VI . DISCUSSION OF FLOOD INSURANCE Mr. Griggs reviewed maps showing the flood plain areas in the City of Euless and stated that he is compiling materials in an effort to determine what the federal program really consist of. Mr. Griggs stated that he thinks it is worthwhile to pursue this study and w i l l do so with the Council's approval. Members of the Council were in agreement with the City Manager and agreed M r . Griggs w i l l present a report to them as soon as he is able to finalize it. VI I. KOEN LANE DRAINAGE Mayor Krause recognized Mr. Cureton, who lives at 724 Koen Lane, who stated that at a Council meeting several weeks ago, he understood that the Council had approved a storm drain near his property and he is concerned now about the project. Mr. Griggs stated that the engineer's had several alternate plans for this project. However, the City must have easements before work on the project can begin. Mr. Ratliff stated that the contractor is working in Euless at this time and is prepared to do this work once the easements are obtained. Mr. Copher explained that the City cannot buy easements from property owners and expect all the citizens to pay for these easements. However, that the City is prepared to do this work once the easements are obtained. Mr. Cureton stated there is enough property 65 (Page Seven, Regular Meeting Euless City Council, April 23, 1974) on the side of his house for him to give to the City for an easement and if this is the only way to get the work done, he will give the easement, if the engineers can assure him that it will not affect the foundation of his house. Mr. Griggs explained that a field party has been working today to determine if this work can be done on Mr. Cureton's property safely. A person in the audience was recognized and stated that there are several houses in the area where Mr. Cureton's property is which could be flooded very badly if the City experienced a heavy rainfall and that the reason for the flooding problem is the development on Dickey Drive. Mr. Griggs stated that if Mr. Cureton will give the easement, the City can start to work immediately. Mr. Cureton inquired if he could build a driveway over the drainage easement to get to his backyard. Mr. Griggs suggested that he leave a swale in the drive. Mr. Griggs stated this work can be done as soon as the Engineers determine if the project can be solely on Mr. Cureton's property and Mr. Cureton signs an easement. VIII. ADJOURNMENT The meeting adjourned at 9:10 P. M. APPROVED: Mayor ATTEST : /s/ Vada Ferris City Secretary U