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HomeMy WebLinkAbout1964-05-26a raw- Cl Regular Meeting of the Euless City Council May 26, 1964 CALL TO ORDER The regular meeting of the Euless City, Cbuncil was called to order at 8:00 P. M. by Mayor W. G. Fuller with the following councilmen in attendance: Messrs. Billy Owens, Frank Douglass, Bill Byers, Bobby Fuller and Don Warren., Also present were City Manager Lee Cowell; City Attorney James Cribbs and City Sec. Vada Ferris. INVOCATION The invocation was presented by Councilman Owens. APPROVAL OF MINUTES The minutes of the called council meeting, May 5, 1964, were presented and Councilman Douglass requested that Item V, Applications of Official Depository be corrected to reflect that the motion was made by Councilman Douglass and seconded by Council- man Byers. (Minutes to be corrected in Official Minutes by City Secre- tary. ) VISITORS Visitors in attendance were: Mr. and Mrs. F. O. Genseke, Jimmie H. Anderson, W. E. Perry, Bob F. Harvey, E. V. Anderson, H. R: Kuehn, Mrs. James L. Ferris, Vern Rogers, Paul Gates, George B, Burris, Walter Hicks, Jr., Warren Fuller, A. A. Booher, Paul Hardman, Jerry Reeves, Bob Harvey, O. D. McMullin, Bobbie Leonard, Mr. and Mrs. L. M. Young, W. F. Fletcher, Myrtle Slack, Mr. and Mrs. Travis Smith, Mr. and Mrs. Dan Shull, Mr. and Mrs. Joe D. Allred, A. J. Knarr, 'Mr. and Mr. Leon Sheppard, A. K. Wyborny, James R. Atkins, Jerry R. Couch, M. C. Dyer, J. L. Neal, J. D, Comer, Mr. and Mrs. James W. Wood, Odis Martin, Neal Morris, James A. Puckett, Mr, and Mrs. H. F. Willis, Mr. and Mrs. M. S. Duvall, Billy J_ Wilcox, Andrew Himes, M. L. Tillery, Mrs. -H. L. -Barnhill, Mrs. Clyde B. Ward, Mrs. Turner Jordan, M. R, Overton, Pat Everitt, John 1E, Morgan, Roy,McGlothen, Perry C. Nash, Mr. and Mrs. J. R, Duckett, W. H. Way, Mr. and Mrs. Riley L. Lawson, Mr. and Mrs.H. L. Owen, Mrs. M. B. Allen, Mrs. Harold Stone, Mrs, R. C. 8aton;-Mrs. S. B. Robertson, Mrs. H. E. Thomas, Mrs. Leon F. Mullinax, D. E. Conrad, H. E. Thomas, Mr. and Mrs. M. B, Allen, Harold Stone, G. H. Surrette, B. J. Reaves, Ted Rickenbacher, Allen King, Billy Smith, James Ferris and Ray Carr. I. PUBLIC HEARING: ZONING CASE NO. 120 JACK APW I SETH City Manager Cowell read Item II, Minutes of the Planning and Zoning Commission, which is a rezoning request submitted by Mr. Jack Apwisch to change the zoning from Residential to Commercial on property described in Exhibit "A" of Zoning Case No. 120. Several persons including Messrs. Harold Stone (506 M i l l s St.), H. E. Thomas, Leon Mullinax (508 S. M i 1 1 s) , Mackey Allen, stated they were against the rezoning of this property for various reasons. Several opinions were voiced concerning the drainage in this area and desiring to know exactly the purpose for having the property rezoned. Mr. Apwisch was not present and after considerable discussion, Mayor Fuller announced that the hearing was concluded on Zoning Case No. 120 and it was agreed by members of the, council to postpone a decision on this case until a map of this area can be secured from the City Engineers , PUBLIC HEARING: ZONING CASE NO. 121 MR. ZOLON WILKINS City Manager Cowell read Item IV, Planning and Zoning Minutes, dated March, 17, 1964, in which the Planning and Zoning Commission approved the rezoning of nine lots from "A" Single Family Dwelling to "A -2" Multiple Family Dwelling. The original petition for rezoning had consisted of twelve lots; however, the Planning and Zoning Commission did not approve three (3) hots for rezoning. Mayor Fuller opened the Public Hearing for discussion. Mr. Zolon Wilkins stated he was desirous of continuing with construction in this area... that he had an investment in the three (3) remaining lots. Mr. Pat Everitt, Attorney representing Mr. Wilkins, stated that the original deed restrict- ions did not prohibit the type construction Mr. Wilkins has in this area, and, that he considers the matter unjust to prohibit the construction as designated. Mayor Fuller asked if there were others present who wish to comment. Mr. Perry Nash stated that he was against any further building in the area. .. that apartments and duplex inhabitants move frequently and for various reasons, he does not wish to have this type dwelling in a re- sidential neighborhood. Mr: -R:' F. Willis, 909 Vine, stated) that he had received a notice of the Public Hearing which stated that the rezoning is for nine (9) lots only and therefore, he considers the Hearing out of order because the original petition requests rezoning for (12) twelve lots," After discussion, the City Attorney stated that, due to the technicality mentioned by Mr. Willis, the Public Hearing was not in order and that it would be necessary to set a date for another Public Hearing on Zoning Case No. 121. Councilman Owens made the motion that June 23, 1964, be established as the date for a Public Hearing before the Euless City Council for Zoning Case No. 121. Councilman Warren seconded the motion which carried unanimously. xxx . PUBLIC HEARING: ZONING CASE NO. 123 BELL HI STRIP ZONING City Manager Cowell read I t e m 11, Planning and Zoning Minutes, April 21, 1964, in which the Planning and Zoning Commission approved the request to rezone the strip.of land on the east side of Raider Drive from Pipe Line Road to Highway -183 from Re- sidential to Commercial. Messrs. Leon Sheppard (1109 Raider Dr.), A. J. Knarr, B. J. Reaves, Neal Morris, and Mrs. Leon Sheppard stated they were desirous of the rezoning. Mr. O. D. McMullen stx ted that if the surface water will flow north and east, he is against the rezoning; otherwise, he is for it- After discussion, Councilman Owens made the motion that the Council concur with' -the recommendation submitted by the Planning and Zoning Commission and approve the request. Councilman Fuller seconded the motion which carried unanimously. PUBLIC HEARING: ZONING CASE `NO. 125 GENERAL ZONING City Manager Cowell read, Item 1, Planning and Zoning Minutes, A p r i l 21, 1964, in which the Planning and Zoning Commission had approved the rezoning of the following areas as commercial: Suggested strip zoning along Highway 157, Section one through three and section four as amended and suggested strip zoning along Noxth Main Street, sections one through four, and suggested zoning along Pipe Line Road, deleting the property along Highway 157, fourth Ir. section owned by Mr. F. O. Genseke. After considerable discussion, with opponents and proponents, and after viewing the areas mentioned on a map of the City of Euless, "Councilman Byers made the motion that Zoning r'Case No. 125 be tabled acid a map be secured of each area in order for the matter to be presented clearly. Councilman Owens seconded the motion and the vote is as follows: Ayes: Councilmen Byers, Fuller, Owens, and Warren. Noes: Councilman Douglass Mayor Fuller declared the motion carried. V. OFFICIAL DEPOSITORY City Manager Cowell informed the council' that he had considered the applications submitted by the First National Bank and First State Bank of the City of Euless to be designated as the Official Depository for City Funds, which he had been requested to do by the Council at the regular council meeting May 12, 1964. He stated that, in his opinion, the applications are basically the same; therefore, he would recommend to the council that both banks be designated as Official Depository and the funds in each bank remain as they have been during the past year. After .discussion, Councilman Byers made the motion that the recommendation by the City Manager be approved and the First National Bank of Euless and First State Bank of Euless be named as Official Depositories for the City. Councilman Douglass seconded the motion which carried unanimous ly. VI . ZON &G CASE NO. 126: REZONING REQUEST PRESBYIT RTAN CHURCH City Manager Cowell read I t e m II, Planning and Zoning Minutes, May 5, 1964, in which the Planning and Zoning Commission had not recommended a change in zoning designation untfl a specific use is presented for the use of the land. The re=, quest was for a change from "A" Single Family Dwelling to "A -31t Multiple Family' Dwelling. After discussion , Councilman Douglass made the motion' that- a public hearing be called for June 23, 1964, on Zoning Case No. 126. Councilman Fuller seconded the motion which carried unanimously. Vii. THIRD BIENNIAL INSTITUTE FOR CITY OFFICIALS City Manager Cowell presented a brochure from the Texas Muicipal League advising that an institut for Mayors, Councilmen and Commissioners would be held in Austin, June 2- 23, 1964, with several interesting and inforr ive subjects to be pre- sented. After discussion, the councilmen agreed to notify the City Manager of their intentions concerning this meeting.: VIII. TAX RPIA INN) City Manager Cowell read a letter from Tax Assessor - Collector, Mr. W. E. Smith, which advised that taxes had been collected on Lot 9, Block 2, of the J. E. Whitener Sub - Division for the "'"yeaz`'1962, and that this Property is not in the City of Euless. He stated 96 that the taxes in the amount of $6.58 should be rdunded to Velma Slane, 409 West Alvine St., Santa Maria, California. Councilman Warren made the motion that the request be approved as submitted and $6.58 be refund- ed to Velma Sloane. Councilman Fuller seconded the motion which carried unanimously . IX. FINAL PLAT: MORRISDALE ESTATES MR. PAUL HUFFHTNES City Manager Cowell informed the council that the engineers, Reaves, Gregory and Knowlton had approved the final plat of Morrisdale Estates which had been presented by Mr. Paul Huffhines and that Mr. Huffhines had complied with the recommendat- ions of the Planning and Zoning Commission and the Engineers. After discussion, Councilman Fuller made the motion that the plat be approved as presented. The motion was seconded by Councilman Byers and carried unanimously . X. CITY MANAGER'S REPORT SPEED ZONE ORDINANCE -City Manager Cowell informed the council that the amended Speed Zone Ordinance ' "'which had been presented for First Reading on May 12, 1964, needed further review by the =Texas Highway Department regarding the changes that had been suggested. Therefore, a new Ordinance w i 11 be, submitted by the State at a later date. TENNIS COURTS- City Manager Cowell informed the Council that the ball diamond which had been scheduled to be constructed in the near future would not be forthcoming due to the amount of money designated for the recreation facilities. However, the double tennis courts will be ready for use soon. TEXAS MUNICIPAL LEAGUE- MEETING- ' City Manager Cowell reported that he and Mayor Fuller had attended the Region Eight Texas Municipal League Meeting at the Diamond Oaks Country Club recently. He stated thatthe meeting was very informative and that the suggestion was made at the meeting for adjoining towns to formulate com- mittees in order to discuss their mutual problems and to aid in becoming better acquainted. After discussion, the council agreed that this seemed a very good suggestion. Councilman Owens made the motion that the City Manager be authorized to contact the officials of the neighboring cities to discuss plans for a meeting. The motion was seconded by Council- man Douglass and carried unanimously. XI. MESSRS. J I M FERRIS AND BI'LL SMITH Mr. Jim Ferris, a visitor to the council meeting requested to bd recognized by the council. Mayor Fuller recognized Mr. Ferris. Mr. Ferris stated that several weeks ago, after having been discharged as an employee of the Euless Police Department, he had submitted copies of statements' -to the council members with charges of irregularities in the Euless Police Department. He stated that, in his opinion, the facts he had presented had been white- washed by the council. Mayor Fuller informed Mr. Ferris that the City Manager and City Attorney had investigated the charges and that in complying with-the charter of the City of Euless, the council had exercised its authority by not interferring in this matter... that matters of this nature are to be handled by the City Manager. Mr. Ferris stated that he had new evidence to present to sub- stantiate his charges. Mayor Fuller stated that if he had new evidence, he would submit it to the City Manager. Mr. Bill Smith was recognized by the Mayor and advised those present that he had been employed in the Euless Police Department for several years until his discharge several weeks ago. He stated that he was aware that the City Manager and City Attorney had investigated the charges and desires to know if an investi- gation had been made by anyone other than the City Manager and City Attorney. Mayor Fuller stated that this had been discussed with the Texas Rangers and County Sheriff's Office. Councilman Douglass requested that the City Attorney read Article V, Section 4 and Article V, Section 2, (1), which states that the council may not interfem in the City Manager's Appointments or Removals. Mayor Fuller stated that the articles read by City Attorney Cribbs explains the reasons for the council not interferring in this matter. Councilman Warren stated that he would like to go on record as stating that this matter of irregularities in the police depart- ment had not been presented to the council as a body. Mr. Smith asked Mayor Fuller if City Manager Cowell and City Attorney Cribbs were qualified as invesigators. Mayor Fuller stated that Mr. Cowell is qualified as a City Manager and Mr. Cribbs as an Attorney and that he considered they had conducted a very thorough investigation. Mayor Fuller advised, again, that if Mr. Smith and Mr. Ferris had possession of further evidence they desired to present that they could submit same to the City Manager. XII. NISAF Councilman Douglass made the motion to adjourn. Councilman Fuller seconded the motion which caazed unanimously. The meeting adjourned at 10:36 P. M. May 6r ATTEST: Il %GC�� City Secretary FOIFOI •