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HomeMy WebLinkAbout1968-05-28• Regular Meeting of the Euless City Council May 28, 1968 CALL -TO ORDER The Regular Meeting of the Euless City Council was called to order in the Council Chambers of Euless City Hall at 8:05 P.M. by Mayor W. G. Fuller. The following Councilmen were present: Messrs. Frank Douglass, Bill Byers, Harold Samuels and Dan Shull. (Absent: Counci lman Don R. Warren) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. 1 N\lnCAT InN Councilman Harold Samuels presented the I nvocat ion. V ISITORS Visitors in attendance are listed, as follows: Mr. and Mrs. D. A. Martin; Mesdms. Ann Branan, Kay Rutherford, Myrtle Hallauer, Dona J. Hitzut, Hazel Blaschke; Messrs. James B. Branan, G. M. Rutherford„ Ivan Gregory, E. H. Lance, M. F. Dooley, R. H. Hallauer, R. J. Hitzut, B. C. Blaschke, Bernie Blaschke, W. A. Elliott, Jr., Raleigh Blakely, R. A. Kalkruth, Gordon S. Swift, Richard Simon and Bill Ratliff. ZONING CASE NO. 176 CONSIDER REZONING 7.202 ACRES NORTH CF HIGHWAY 183 AND SOUTH CF EAST CLIFF, FRCM "A" RESIDENTIAL TO "A -3" MU LT I PILE FAM I LY DWELLING Mayor Fuller stated that the Council will consider the rezoning request of Mr. Terry Davis, for rezoning 7.202 acres North o f Highway 183 and South o f East C l i f f , from "A" Residential to "A -3" Multiple Family Dwelling. (Public Hearing held on May 14, 1968.) Councilman Douglass stated that he has given much consideration to this zoning case and has talked with property owners in the arch. Councilman Douglass made the motion to approve the rezoning request, from "A -1" Residential to " "A -3" Multiple Family -approve with the exception of, the first one hundred (100) feet on the South of the tract -- this portion" to be rezoned to "A -2" Single story duplex; that the proposed street be widened to forty -four (44) feet at the residential property and to a forty -eight (48) foot divided street at Highway 183; that apartments or duplexes which border the northers portion of the property adjacent to the residences will be at least fifteen (15) feet from the property line. Councilman Shul'1 seconded the motion. 86 (Page Two, Regular Meeting of the Euless City Council, May 2$, 196$) Further discussion followed and Councilman Samuels stated that perhaps the City might request, of the developer, a six (6) foot solid fence adjacent to the residential property. Councilman Byers inquired of the developer if the parking area will remain as presented on the first plat if this motion should carry. Mr. Simon answered affirmatively, stating that parking area w i l l s t i l l be needed for the duplex houses. Mr. Gordon Swift, an engineer associated with Mr. Simon, stated that this change in the rezoning comes as a complete surprise to him, and the plans wi11 have to be modified. C, Mayor Fuller called for a vote on the motion and the vote i s as follows: Ayes: Councilmen Byers, Douglass and Shull Nays: Councilman Samuels The City Attorney ruled that a three- fourths vote of the Council is required in this zoning case due to the fact that a 'petition was presented by property owners -in the area constituting a majority in opposition 'to this zoning case. Mayor Fuller declared the motion failed, due to the lack of a sufficient number of affirmative votes. Councilman Samuels made the motion that the rezoning be approved as follows: Apartments or duplexes which border the northern portion of the property adjacent to the residences will be at least twenty -five (25) feet from the property 1 i ne; al 1 trees be preserved and a six (6) foot fence constructed across the north side of the property, which w i I I separate the apartment development from the residences; that the f i r s t row of strLrctures wi 11 be zoned "A -2" and the remainder "A -3" Multiple Family Dwelling; that no two - story structures be allowed within one hundred (100) feet of the property l i n e , and t h a t a time l i m i t concerning the development of the tract be set out i n the ordinance, as' follows: 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 insubstantial 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. • 6 (Page Three, Regular Meeting of the Euless City Council, May 28, 1968) C'. Construction in substantial compliance with the final site development plan as approved shall have been substantially completed within 36 months following final passage of the ordinance effecting the requested changes. Councilman Samuels stated that he would not approve the extension of East Cliff. Councilman Samuels' motion died for lack of a.second. A discussion followed, and Councilman Byers stated that, in his opinion, the engineers should give their. opinion on the extension of East Cliff . Mr. Rat] iff stated that for the sake of the entire neighborhood, East C I i f f should not be a collector street; however, if the street is cut through and it is well - planned, the traffic can be controlled by the installation of stop signs and yield signs. He stated that the present street width i s th i rty (30) feet; however, he recommends if the street. is opened for traffic there should be two twenty -four (24) foot lanes, with medians and turn -ins and next to the highway, the street should be w,ide,ned to thirty -six (36) or possibly forty (40) feet. Councilman Byers inquired of the Developer if possibly another plan could be submitted that would be more acceptable, based on the discussion during this meeting. Councilman Byers stated further that he would rather have a two -story home within seventy -five (75) feet than a single family dwelling or duplex within fifteen (15) feet. City Attorney Cribbs stated that the Council must decide what is good zoning -- that a l l opinions must be taken into consideration and that he is of the opinion this matter should be tabled, in order for the Council to further study this zoning case. He stated that it i s not possible to please everyone but that the Council must decide what i s best for the entire City of Euless,. - Councilman Douglass stated that it seems the street is the main issue in this zoning case. Mr. Faulkner was recognized by Mayor Fuller, and he stated that the developers and some of the property owners have agreed the street should not be opened. Mr. Simon stated that the developers have agreed to leave the street closed if the Council so desires -- or cut the street through their property if the Council rules so. Mr. Simon stated there seems to be an 'impasse concerning the street; however, in his opinion, this is not a part of the zoning; therefore, he would like for the Council to consider the zoning at this time and if they approve the "A -2" and "A -3" zoning, the matter of the street can be taken up a t the time of the f i l i n g of the p l a t . M r . Simon stated that a l l plans ultimately must have the Council's approval; therefore, he feels that the question of the street could be delayed until a later date. Ni • Aft (Page Four, Regular Meeting of the Euless City Council, May 28, 1968) Councilman Samuels stated that he agrees that perhaps the street is not a part of the zoning; however, he feels that all of the matters concerned in this case should be worked out prior to the Council's approval of zoning. Mr. Faulkner stated that, East C l i f f should not be widened because of the high density. Mrs. Dona H i tzutt, of 705 East Cliff , stated that her house is at the corner of Marlene and West Cliff -- that Marlene is a through- street -- that five (5) years ago there was a stop sign on Marlene and that the traffic was terrible at that time -- that now there is a four -way stop sign and the traffic has worsened. Councilman Shull pointed out that Mr. Ratliff Is opinion that stop signs -and yield signs would aid in controlling traffic is logical -- that it not only slows the traffic; many people will avoid streets with several signs. Councilman Byers made the motion that this zoning case be tabled -- that plans be re- submitted by the developer, based on the discussion of duplexes and apartments, and a traffic'study be submitted from the developers' engineers -- that this zoning case wi 11 be discussed at the next regular council meeting. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Shull, Samuels, Douglass an'd Byers' Nays: None Mayor Fuller declared the motion carried. Mr. Simon was asked to submit this information several days prior to the City Council meeting, in order for the City Manager to have an opportunity to evaluate same. SECOND READING OF ORDINANCE No. 334, CLOS I NG U T I L I TY EASEMENT. I N TRA I W\OCD ADDITION City Secretary Vada Ferris presented Second Reading of Ordinance No. 334, abandoning an easement in Trailwood Addition. Councilman Samuels made the motion to approve Second Reading of Ordinance No. 334, as presented. Councilman Shull seconded the motion, and the vote is as follows: Ami (Page'Five) Regular Meeting of the Euless City Council, May 28, 196 8) Ayes: Councilmen Samuels, Shull, Douglass and Byers Nays: None. Mayor Fuller declared the motion carried. TEMPORARY PERMIT (CERTIFICATE OF OCCUPANCY) HEATING AND AIR CONDITIONING, APPLIANCE SALES AND SERVICE (501 NORTH MAIN) Mayor Fuller recognized Mr. E. H. Lance, who requests a Certificate of Occupancy for a Heating and Air Conditioning, Appliance Sales and Service Center at 501 North Main. Councilman Shull inquired if this business would be housed in an existing frame building. Mr. Lance answered affirmatively, stating that this will be used for parts and service, that there will be no storage of old:equipment. . Councilman Douglass stated that he does not want to give the opinion that he is discriminating; however, it does not seem quite fair that some persons must build a masonry structure and others are permitted to operate in an existing frame building. Mayor Fuller stated that this area is zoned for business and that several of the houses in the area are b +�ng used for business purposes. Mayor Fuller stated further that he does not believe you can ask people to tear down their buildings and build a new structure until there is a reasonable degree of certainty the business will be a success. Councilman Shull made the motion that b Temporary Permit be issued for six (6) months, for the operation of a Heating and Air Conditioning, Appliance Sales and Service Center at 501 North Main. Councilman Douglass seconded the motion, and the vote,is as follows: Ayes; Councilmen Shull, Douglass, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. IV. FINAL PLAT APPROVAL„ BAVARIAN VILLAGE (HUFFMAN DRIVE AND HIGHWAY 157) Mr. Walter-Elliott stated that he is representing Basil George Investments and desires the Council's consideration 90 1 (Page Six, Regular Meeting of the Euless City Council, May 28, 1968) for Final Plat Approval for Bavarian Village, an apartment complex to be located on Huffman Drive, East of Highway 157. Mr. Elliott stated that the developers have complied w i t h a l l requirements of the City -- that the complex will face Huffman Drive. Councilman Shull inquieed if there is a street between Villa West and ,Bavarian Village. Mr. Ell iott stated that there is not a dedicated street. Councilman S h u l l i n q u i r e d i f a street w i l l be cut through to connect, with Ridgecrest Drive. Mr. Blakely stated that the developers are not desirous that this street be cut through -- that it is not in their plans. Councilman Samuels made the motion to concur with the recommendation of the Planning and Zoning Commission and approve the Final Plat for Bavarian Village as presented. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Shull, Douglass and Byers Nays: None Mayor Fuller declared the motion carried. V. COMMERCIAL BUILDING PERMIT NO . 63, .BAVARIAN VILLAGE APARTMENT CONPLD( Councilman Shull made the motion to concur with the recommendation of the Planning and Zoning Commission and approve Commercial Building Permit No. 63 aor the construction-of phase one of Bavarian Village apartment complex. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Shull, Byers, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried. 901 COMMERCIAL BUILDING PERMIT N0. 64, ADDITION TO GULF SERVICE STATION, 1500 WEST EULESS BOULEVARD Mayor Fuller decognized Mr. G. M. Rutherford, who is requesting a commercial building permit on behalf of Gulf OillCompany. This permit is for the addition of an autbmatic car wash to the station located 91, (Page-Seven, Regular Meeting of the Euless City Council, May 28, 1968) at 1500 West Euless Boulevard. In. answer to a question, Councilman Samuels was informed that this will be an automatic car wash, rather than a hand wash operation. Councilman Samuels inquired about the sand trap, and the City Manager advised that this matter had been discussed and woul -d be handled according to the City's requirements. Councilman Byers made the motion to conthar Qi th the recommendation. of the' Planning and Zoning Commission and approve Commercial Building Permit No. 64,- with the addition of the sand trap to the structure. Councilman Shull sedonded the motion, and the vote is as follows: Ayes: Councilmen Byers, Shull, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. IM10 CERTIFICATE CF OCCUPANCY ANIMAL CLINIC, 401 NORTH MAIN Mayor Fuller recognized Mr. M. F. Dooley, who owns the property at 401 North Main. Mr. Dooley stated that he is planning to lease the proper -ty to a vetOrinarian, who is desirous of operating an animal clinic at this location. In answer to a question by Mayor Fuller, Mr. Dooley advised that there w i I I be no outdoor housing of animals. The Mayor inquired. if th'is structure is large enough for this operation. Councilman Byers stated that the building looks quite small from the outside, but the interior is adequate for this purpose. Councilman Byers made the motion to concur with the Planning and Zoning Commission's recommendation and approve a Certificate of Occupancy for an Animal Clinic, providing a six (6) foot screening fence is erected on the North and South perimeters of the property. Councilman Samuels seconded the motion, and the vote is as follows: I -iJ I -,Ayes r Counci: 1 meni Byers; Samuels, Douglass and Shull Nays: None Mayor Fuller declared the motion carried. 92 (Pape Ekgbt, Regular Meeting of the Euless City Council, May 28, 1968) VI 11. COMMERCIAL BUILDING PERMIT NO. 65, EULESS LLA43ER COMPANY Mr. Bill Byers presented a plat of the area showing the location for the building planned to house the Euless Lumber Company, Mr. Byers stated that the building will have a brick. front and will be moved approximately twenty' -four (24) feet from the existing building -- bbati %behpirlding is of an improved metal and w i l l meet all City requirements. Councilman Douglass made the motion to approve Commercial Building Permit No. 65., Councilman Shu "11 seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Shull and Samuels Nays: None Abstained: Councilman Byers Mayor Fuller declared the motion carried. EM PUBLIC HEARING, ZONING CASE NO, 177, LONE STAR. COMPANY Councilman Douglass made the motion to approve Resolution No. 210, setting June Q5, 1968, as the date for Public Hearing on Zoning Case No. 177. This is a request by Lone Star Company, for rezoning 45.03 acres North of Greater Southwest Airport, from "A" Residential to "C" Commercial. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Shull, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. X. SWIMMING POCL AT TRINITY HIGH SCHOOL Mayor Fuller recognized Mr. Ivan Gregory, who informed the Council he is desirous of the Council's opinion on the proposal which was discussed at a School Board Meeting held-on Monday, May 27, 1968. He stated that the school's architect informed the School Board that the swimming pool under construction at Trinity High School is six (6) inches too shallow. Mr. Gregory stated that, as a tax payer, in the school district and a citizen of Euless he is very interested. (Page Nine, Regular Meeting of the Euless City Council, May 28, 1968) Councilman Douglass stated that the Parks and Recreation Director became knowledgable of this discrepancy in the pool and informed the school officials. Mayor Fuller informed Mr. Gregory that .the City Manager has wr-ittent 'a letter to Mr. Odell, School Superintendent, and attached a proposed agreement to exist between the City and School for the operating of the pool at Trinity High School. Mayor Fuller stated that Mr. Griggs -had pointed out several areas that need modification; however, as of this time, a reply from the School Board has not been received.. Councilman Douglass advised Mr. Gregory that the City has not entered into an agreement nor spent any imonles toward the construction of the swimming pool, nor w i I I they until. an agreement existing between the School District and the City is perfected to the satisfaction of the City Council, which w i I I be an agreement that w i I I enable the citizens of Euless to enjoy the pool to the fullest extent. Mr. Gregory stated that the School District is desperate for money and that the $100,000.00 which the City has pro- posed to pay as their portion for the swimming pool would be of great benefit to the School District at this time -- that he hopes the City Council will not be influenced by the School District. Mayor Fuller stated that Mr. Gregory should be assured t h a t the City w i l l not be influenced by the School District or any other organization and will only enter into a joint agreement when it meets the City's needs and requirements. Councilman Samuels stated that he has read the proposed agreement which was forwarded. to the School District, for the j o i nt operation of the pool, and considers i t well worded. Mr. Gregory stated that he i s very satisfied with the City government, but he cannot say the same for the School government. Mr. Gregory thanked the Counci 1 for their consideration. XI. COMMISSIONS AND COMMITTEE APPOINTMENT Members of the Council reviewed a l i s t of Commissions and Committee appointments. Discussion followed. concerning the fact that several appointments made in past years are not included on this 1 is t. Members of the Council agreed that the entire I i st should be reviewed each year; however, it might not be necessary to make re- appointments each year. 94 (Page Ten, Regular _Meet.i n_g_ of the Euless City Council, May 28, 1 qM) Councilman Samuels made the motion that the Council appoint Mr, Gordon Morrison as Corporation Court Judge to serve from April 1, 1968., to April 1, 1969. . OlSP-ussion followed after a review of the Charter provisions governing the appointment of a Corporation Court Judge, which does ,not designate a specific period of time. Councilman Samuels' motion died for lack of a second, Councilman Douglass made the motion that the firm of Bondurant and Cribbs be appointed as attorneys for the City of Euless and Mr. Gordon Morrison be appointed Corporation Court Judge, in compliance with the Euless City Charter provisions governirrg these appointments. Councilman Samuels seconded the motima, and the vote is as follows: Ayes: Councilmen Douglass, Samuels, Shull and Byers Nays • None Mayo -r Fuller declared the motion carried'. Members of the Council agreed that the charter provisions governing the appointment of the City Manager and City Secretary do not designate a specific period of appointment; therefore, the City Manager and City Secretary serve at the pleasure of the Council. Councilman Douglass made the motion to approve the list of Commissions and Committee Appointment, listed as follows: 1. Planning and Zoning Commission Dr. Harold Hal 1 Term Expires 1969 (filling unexpired term) M r . Leonard Weber Term Expires 1970 Mr. Bill Tench Term Exp.i res 1970 Mr. Jack Browne Term Expires 1970 2. Zoning Board of Adjustment Mr. Richard Leggett Mr. Robert Baker Mr. Henry Uselton 3. Board of Equalization Mr. Bill Pasteur Mr. Walter Elliott Term Expires 1970 Term Expires 1970 Term Expires 1970 3111111111111111 gwgIlreve 4. Library Board Mr. George E. Scott, Jr. Mr. Warren Fuller Mr. Wayne O'Daniel Mrs. Harvey C. Harris 5. Parks and Recreation Committee Mr. W. J. "Doc" Hyde Mr. R. M. Pippin Mr. Frank Lindsey 6. Committee for Nam i ng of Streets Term Expires 1969 (filling unexpired . term) Term Expires 1970 Term Expires 1970 Term Expires 1970 Mr. Frank Douglass Mr. Harold Samuels Mr. Bill Byers 7. Northeast Cities Advisory Council Ar. Frank Douglass . Mr. Dan Shull With the exception of- the Parks and Recreation Committee, which w i I I consist of'on'ly- two members. Councilman Shull seconded the motion, and the vote is as follows: dyes: Councilmen Douglass, Shull, Samuels and Byers Nays: None Mayor Fuller declared the motion carried. XI I. APPOINTMENT CE REPRESENTATIVES TO CITY-SCHOOL COORDINATING COMMITTEE Mayor Fuller stated that he was recently advised that the Hurst - Euless- Bedford Board of Education requests that the Cities of Euless, Hurst and Bedford each appoint two representatives to serve -on the City - School Coordinating Committee with school representatives. The Mayor advised that he has appointed Councilman Harold Samuels and City Manager C: J. Griggs to serve on this committee, as representatives from the City of Euless. W (Pape Twelve, Regular Meeting of the Euless City Council, May 28, 1968) XIII. COMMUNICATIONS CONCERNING JOINT TAX ASSESSMENT, EQUALIZATION AND COLLECTION OF TAXES Members of the 'Council had previously been presented a copy of a letter from Mr. Wayne Rhone., attorney, for the School District, and a copy of a letter from City Attorney James Cribbs, in response to Mr. Rhone's letter. Mr. Cribbs informed the .Council that he has advised Mr. Rhone that Euless City Council is not willing to. relinquish their right to appoint representatives from the City of Euless to ,serve on the Tax Equalization Board. XIV. DISCUSSION CONCERNING STREET ADJACENT TO TRINITY HIGH SCHOOL City Manager Griggs informed ,the Council that the School District has exp'ressed concern about the construction of the street adjacent to Trinity High School. Mr. Griggs stated that he has studied a l l of the City's records on East -West Boulevard -- that there are several property Owners to be considered in finalizing the plans for construction of this street; that Sheppard Drive Baptist Church and the owners of the Byers property have agreed to the proposal for the construction'of this-'street that the First Baptist Church is studying the proposal. Mr. Griggs stated that the plans Are for a forty -four (44) foot street. He stated that a cost estimate has been presented to property owners and it seems the property owners are of the opinion the street is planned too big. Councilman Samuels stated that the First Baptist Church met recently and decided to pay only one -half of the cost of a thirty -six (36) foot street -- that they do not feel' the church will benefit from the street as proposed. Councilman Byers stated that the Masonic Lodge approved a thirty -six (36) foot street, without'median.,' In answer to a question, Mr. Ratliff stated that he cannot recommend a thirty -six (36) foot street -- that he would recommend that this be tabled until plans could be made to construct the best type street for this area. 97 (Page Thirteen, Regular Meeting of the Euless City Council, May 28, 196$) Councilman Samuels stated that he is of the opinion the City should investigate the possibility of securing State or County aid for construction of the culvert -- also that he would like to see a comparison of the cost of North and South Main to the cost of the proposed street. It was agreed by Members of the Council that City Manager Griggs should contact the School District concerning the cost of this street and present figures at the next regular Council Meeting. UTA HARWOOD ROAD Councilman Shull stated that he had been contacted by several citizens concerning the need of repairs to the section of Harwood Road west of North Euless Elementary School. Mayor Fuller stated that he recommends that the City Manager contact Mr. Dick Lewis, County Commissioner, concerning the need of County assistance on repairs to Harwood Road. am ADJOURNMENT The meeting adjourned at 11:00 P.M. APPROVED: ATTEST: Mayor �raAj &tLL City Secretary m