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HomeMy WebLinkAbout1968-08-27Regular Meeting of the Euless .City Council August 27, 1968 CALL TO ORDER Mayor Fuller called the regular meeting of the Euless City Council to order at 8:05 P. M. i n the Euless City Hall Council Chambers with'the following in attendance: Councilmen Dan S h u l l , Frank Douglass, B i l l Byers and Harold Samuels. (Absent - Councilman Don Warren.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. I A1%1N1ATInK1 Councilman Samuels. VISITORS . follows: Raymond Sleeman Doris Sleeman Vi Stahn Alice Hartman Mary Higginbotham Jean K. Blackman Zelma Turner Margaret Dunn R. L. Moove J. W. Mamme 1 1 Dennis Russell Don R. Morgan James B. Kirkpatrick Ivon Gregory Mrs. David A. Martin APPROVAL CF MINUTES as written; The invocation was' presented by Visitors in attendance are listed as Pat Gabler Mrs. E. E. Kepl inger Fred W. Bowers J. R. McIver J. W. Murr Florence Murr George Foster Jack E. Hi 11 David Moak Walter A. Elliott, Jr. Mrs. Walter A. Elliott, Jr. Martha Hand Betty Potthoff Bill Ratliff Beth Glidden The following minutes were approved Regular Meeting, June 11, 1968 Regular Meeting, August 13, 1968 11 . 140 -2 (Page Two, Regular Meeting of the Euless City Council, August 27, 1968) POSTPONEMENT - RESOLUTION SETTING DATE FCR PROPOSED SALE CF WATER AND SEWER SYSTEM TO CITY OF BEDFORD Mayor Fuller stated that additional information is required on the proposed sale of the Water and Sewer System to the City of Bedford, therefore, this item would be discussed at a later date. II. RESOLUTION NO. 214: SETTING PUBLIC HEARING DATE ON PROPOSED ZONING ORDINANCE City Attorney James Cribbs, as requested by the Council on August 13, 1968, presented Resolution No. 214, calling a Public Hearing on the Proposed Zoning Ordinance. Councilman Samuels inquired if the Public Hearing could be recessed and reconvened if lengthy. The City Attorney r* answered affirmatively. Public Hearings could be held for out of town. Mayor Fuller stated advertisements w i I I appear to the persons anticipating absence from Hearing may register their commer Councilman Samuels inquired if two (2) the benefit of those who might be that, in compliance with statutes, newspaper of the Public Hearing and the City on the date of the Public its with the City Secretary. City Attorney James,Crjbbs informed the Council that a notice can be published in the paper that the Public Hearing i s recessed and w i l l be reconvened at a specific time. Councilman Shull inquired of the possibility of conducting the Public Hearing pn a night other than the regular council meeting night. Mayor Fuller commented that, possibly, the Public Hearing could be held on the regular council meeting night by limiting the time of the regular meeting. Discussion centered on setting the regular meeting at 7:00 P. M. and the Zoning Ordinance Public Hearing at 8 :00 P. M. 140 -3 r (Page Three, Regular Meeting of the Euless City Council, August 27, 1968) Councilman Douglass made the motion to set the Zoning Ordinance Public Hearing at 8 :00 P. M., September 24, 1968, immediately following the regular meeting which w i I I convene at 7 :00 P. M. Councilman Byers seconded the motion and the vote i s as follows: Ayes: Councilmen Byers, Douglass, Shull and Samuels -Nays: None Mayor Fuller declared the motion carried. The City Attorney pointed out that the Public Hearing w i l l be a j o i n t City Council and Planning and Zoning Meeting -- and the Planning and Zoning Commission must ratify the Resolution at their next regular meeting. MR. RAYMOND SLEEMAN CHILD CARE Mayor Fuller advised the council that he has peeviously talked with Mr. Sleeman and advised him that his property is not zoned for this purpose; that he and the City Manager had agreed to permit Mr.. Sleeman to operate this business for a reasonable period until a new zoned location was found. Mayor Fuller informed Mr. Sleeman that zoning is t o protect a l l citizens and the council cannot violate the City Zoning Ordinance. Mr. Sleeman stated that he cannot find another location - that property is too expensive -- that this operation is not a business - he does not advertise as some do to have a garage sale or ironing services. City Attorney Cribbs stated that Mr. Sleeman is asking for a permit to operate a business in his home -- that Mr. Sleeman can go before Planning and Zoning Commission and request a zoning ,I Mayor Fuller recognized Mr. Raymond Sleeman who stated he does not understand why children under two (2) years of age cannot be kept by his wife in their home, if there is no advertising of this service; that there are working mothers who need someone to keep their children; that this service was being performed to finance schooling for his eleven (11) year old son with brain damage, who must attend a special school. Mayor Fuller advised the council that he has peeviously talked with Mr. Sleeman and advised him that his property is not zoned for this purpose; that he and the City Manager had agreed to permit Mr.. Sleeman to operate this business for a reasonable period until a new zoned location was found. Mayor Fuller informed Mr. Sleeman that zoning is t o protect a l l citizens and the council cannot violate the City Zoning Ordinance. Mr. Sleeman stated that he cannot find another location - that property is too expensive -- that this operation is not a business - he does not advertise as some do to have a garage sale or ironing services. City Attorney Cribbs stated that Mr. Sleeman is asking for a permit to operate a business in his home -- that Mr. Sleeman can go before Planning and Zoning Commission and request a zoning ,I 140 -4 (Page Four, Regular Meeting of the Euless City Council, August 27, 1968) change, or go before the Zoning Board of Adjustment and present his case; F�i that the Zoning Board of Adjustment has the authority to grant a permit -- Mr. Cribbs informed Mr. Sleeman that the City Council cannot legally grant a permit. Mr. Sleeman stated that he wants the Council to change the Ordinance to permit him to keep children in his home. Mrs. Higgenbotham, 607 Shelmar, was re- cognized by Mayor Fuller, and stated there is not a place in Euless to care for children under two (2). years old. Mr. Sleeman stated there are two (2) women on his street who opposed the keeping of the children and turned him in to authorities. City Attornipy Cribbs informed Mr. Sleeman that the Zoning Board of Adjustment can waive the Zoning Ordinance for a specific period of time and grant a temporary permit. Mayor Fuller stated that he is cognizant that Euless needs a business of this type, but it must be in a properly zoned area. Mrs. Jean Blackburn, 1007 Harris, stated ( T that the City of Dallas will permit six (6) children to be kept in a residential area - why can't Euless? Mayor Fuller stated that the City Manager w i I I check the Dallas and Fort Worth regulations. City Attorney Cribbs stated that the proposed Zoning Ordinance has a clause governing home businesses. Mr. Cribbs asked Mr. Sleeman to contact him at his office and he would explain the procedure necessary in this case. IV. LOT REVISION - TRAILVMD NilIRARFR TWO Mayor Fuller recognized Mr. David Moak, who informed the Council that a revision in size of lots one (1) and two (2) , Block four (4) is requested in order that the Developer may add forty (40) feet (non - developed, unplatted) property adjacent mm the Sub= Division. 140 -5 (Page Five, Regular Meeting of the Euless City Council, August 27, 1968) Councilman Samuels made the motion to approve the lot revision as requested. 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. ,FINAL PLAT - TEXAS CONTINENTAL EXPRESS, INCORPQRATED Mayor Fuller recognized Mr. Walter "Dub" Elliott, who informed the council that he is representing. Mr. R. L. Moore; that Mr. Mo0we desires approval of a Final Plat - Tract 1F1, John Groves Survey to construct a truck transport base. Mr. Elliott proceeded with plat explanation, s t a t i n g t h a t the metes and bounds w i l l not be changed and that Mr. Moore plans to extend water and sewer facilities to serve the property. The Council was advised that the property is zoned "Commercial" and the Planning and Zoning Commission recommend approval --of -t-he Fi na -1- Plat. Mayor Fuller inquired about fire hydrants and Mr. E I I i o tt stated that two (2) are proposed. In answer to a question by Councilman Shull, Mr. Moore stated that approximately twenty -five (25) employees w i I I staff the facility, and that, two hundred (200) to two hundred fifty (250) will operate from this location, which will be headquarters for the truck transport business. Councilman Shull made the motion to concur with the Planning and Zoning Commission recommendation and approve Final Plat, Tract 1F1, John Groves Survey. Councilman Byers seconded the motion and the vote is as follows: Ayes: Councilmen Shull, Byers, Douglass,and Samuels Nays: None Mayor Fuller declared the motion carried. __ 140 -6 (Pape Six, Regular Meeting of the Euless City Council, August 27, 1968) VI . � COMMERCIAL PERMIT NO, 71 TEXAS CONTINENTAL EXPRESS COMPANY, I NC',ORPORATED Mr. E I I i ott informed the Council that Mr. Moore desires approval of a Commercial Permit in order to operate a commercial truck transport business. Mr. Elliott stated that the Planning and Zoning Commission recommended approval of the commercial permit with the following stipulation: (1) al l combustible 1 iquids are to be stored' undegground (2) front of building to be of masonry. Mr. Elliott stated that all combustible liquids will be in underground storage tanks, which is required by City Ordinance; however, Mr. Moore requests a waiver of the masonry front recommendation. Mr. Moore stated he requests the masonry front recommendation be waived, as the building will be attractive colored mesco met "al; Mr. Moore stated that he plans to use the house on the premises as an office, and, at a later date, plans to construct a masonry building for office use. Councilman Shull stated that, in his �_' opinion, Mr. Moore should not be -required to brick the front of the building, as the building will be constructed on the back of the tract. Mr. Moore t stated that he agrees to brick the front of the office building which he plans to construct on the front of the lot later. Councilman Shull made the motion to approve Commercial Permit No. 71, and waive the Planning and Zoning Commission's recommendation for a masonry front on the building. Councilman Douglass seconded' the motion and the vote i s as follows: Ayes: Councilmen Shull, Douglass, Byers and Samuels Nays: None Mayor Fuller declared the motion carried. VII. RESOLUTION NO, 215 SETTING PUBLIC HEARING DATE ON ZONING CASE NO. 180, MR. ROBERT FOLSOM - SOTOGRA*DE DEVELOPMENT The City Manager advised the Council that this Resolution is to declare a date for Public Hearing on rezoning 5.36 acres! — from "A" Residential to "A -2" Duplex and 21.63 acres from "A" Residential to "A -3" Multi - Family Dwellings and the recommended date is September 24, 1968. r 140 -7 (Page Seven, Regular Meeting of the Euless City Council, August 27. 1968) jj Councilman Samuels made the motion to 1� approve Resolution No. 215 setting September 24, 1968,at 7:00 P. M. as the Publ i c Hearing date. Councilman Douglass seconded the motion and the vote i s as follows: Ayes: Councilmen Samuels, Douglass, Byers and Shull Nays: None Mayor Fuller declared the motion carried. VIII. RESOLUTION NO. 216: SETTING PUBLIC HEARING DATE, - ZONING' CASE NO. 17 MOB L HOME DEVELOPMENT City Manager Griggs infommed the Council that Mr. B i I I Pasteur requests a Public Hearing for consideration of rezoning Lots 3, 4, 5, 28, 29 and 30 and West 65 feet of Lots 6 and 27, Block 2, J. E. Whitener Estate from "A" Residential to "C" Commercial -- the suggested date is September 24, 1968. Councilman Shull made the motion to approve Resolution No. 216 setting September 24, 1968 at 7 :00 P. M. as the date for Public Hearing of Zoning Case No. 178. Councilman Douglass seconded the motion and the vote i s as follows: Ayes: Councilmen Shull, Douglass, Byers and Samuels Nays: None Mayor Fuller :dec:lare-d, the motion carried. IX. LEGAL DESCRIPTION IN NEWSPAPER$ Councilman Samuels inquired if the legal description of properties could be more descriptive in the newspaper publica- tions in order for citizens to be advised of the location of the property. Mayor Fuller stated that persons desiring this information can call the City Secretary's office, as it is impossible t o p u b l i s h a l l information pertaining to property description. (Page Eight, Regular Meeting of the Euless City Council, August 2Z, 1968) City Attorney James Cribbs stated that an examination of the zoning application form could, possibly, result in amending the application for clarifying the location of the property. F_', X. MR, FRED BOWERS - 1409 PEBBLE CREEK, MORRISDALE Mayor Fuller recognized Mr. Fred Bowers, who stated that on April 9, 1968, he attended a council meeting, at which time, the coundil agreed on the complet'ion of the Morrisdale drainage channel, as discussed with Mr. Huffhines, Developer, and the completion date was September 1, 1968. Mr. Bowers stated that, as of this date, there has been nothing done in the channel, however, foundations for several homes have been poured (on the eastern slope of the channel) . Mr. Bowers stated that, in his o p i n i o n , i t w i l l be practically impossible-A6 --get - proper equ'tpmerrt. into the channel after a l l the foundations have been l a i d -- that he is of the opinion that the City is lax in their responsibility by not checking into Mr. Huffhines' activities and seeing the finalization of this project. Councilman Shull and Mr. E I I i ott stated that Mr. Huffhines is having difficulty locating a contractor for this work, but that efforts are being made to locate a contractor, and Mr. 'El l iott stated that, hopefully, the project wi I I be started within the next few weeks. Mayor Fuller stated that the City Manager should check immediately to determine the status of the channel work. Wo CITY ATTORNEY'S REPORT ON CHARTER PNBNDNBVIS City Attorney Cribbs presented a letter t o the Mayor and Council Members on possibly amendments to the Euless City Charter. (Copy of letter on file in Office of City Secretary as Council Exhibit.) Mr. Cribbs stated that, possibly, the Council might wish to appoint a Charter Committee to study the Charter and make aecommendations ­the recommendations, if any, could be reviewed by the members of the council-and, if approved, the council could call an election for citizens to vote on the changes. Councilman Shull inquired as to the number to serve on the Charter Amendment Committee. Mr. Cribbs stated that sixteen (16) were on the Charter Commission. Councilman Shull stated that he is of the opinion that it would be difficult to get this many together; that, possibly, five (5) citizens of different endeavors would be effective { (Page Nine, Regular Meeting of the Euless City Council, August 27, 1968) Councilman Byers stated that, in his �1 opinion, five (5) is an,insufficien,t number. City Attorney Cribbs stated that an odd number should be appointed. 140 -g Mayor Fuller stated that he would like to study the City,Attorney's letter before appointments are made. However, members of the council were not in agreement. Councilman Shull stated that he approves the appointment of a Charter Amendment Committee, but does not think specific appointments can be made at this time. In answer to a question by Councilman Shull, City Attorney Cribbs stated the Mayor usually appoints a committee subject to council approval. Mrs. Kepl finger stated she does not feel t is i s a f a i r procedure -- that she knows of several persons who submitted 1 requests to serve on the Planning and Zoning Commission, and no consideration was given to their request -- that, in her opinion, there are many qualified citizens in Euless, willing to serve on various commissions and committees, if given the opportunity. Councilman Douglass advised Mrs. Kept inger that the I i s t of persons she referred to were given to the Council by the City Secretary and were given consideration before appointments were made. Councilman Shull stated that, in his opinion, persons desiring to serve on commissions or committees, should present their name to the City Secretary„ who w i I I present them to the City Manager for his presentation to the Council. Councilman Shull made the motion that each Council member submit one name and Mayor Fuller submit two names of persons to serve on the Charter Amendment Committee for approval at the next council meeting. Councilman Samuels seconded the motion. Councilman Douglass commented that he is concerned that a good cross - section be appointed. Councilman Douglass inquired if thirty (30) days is sufficient time for -the Charter Committee to present their report. City Attorney Cribbs stated that thirty (30) days is not too long, however, the council may not be able to set an established time - it w i I I depend on how t•horough the committee wishes to study the charter. Councilman Shull stated that he approves the appointment of a Charter Amendment Committee, but does not think specific appointments can be made at this time. In answer to a question by Councilman Shull, City Attorney Cribbs stated the Mayor usually appoints a committee subject to council approval. Mrs. Kepl finger stated she does not feel t is i s a f a i r procedure -- that she knows of several persons who submitted 1 requests to serve on the Planning and Zoning Commission, and no consideration was given to their request -- that, in her opinion, there are many qualified citizens in Euless, willing to serve on various commissions and committees, if given the opportunity. Councilman Douglass advised Mrs. Kept inger that the I i s t of persons she referred to were given to the Council by the City Secretary and were given consideration before appointments were made. Councilman Shull stated that, in his opinion, persons desiring to serve on commissions or committees, should present their name to the City Secretary„ who w i I I present them to the City Manager for his presentation to the Council. Councilman Shull made the motion that each Council member submit one name and Mayor Fuller submit two names of persons to serve on the Charter Amendment Committee for approval at the next council meeting. Councilman Samuels seconded the motion. Councilman Douglass commented that he is concerned that a good cross - section be appointed. 140 -10 (Page Ten, Regular Meeting of the Euless City Council, August 27, 1968) . Councilman Byers stated that, possibly, the councilmen should each submit three (3) names. After this discussion, Councilman Shull, with the permission of Councilman Samuels, withdrew his mention,. Councilman Shull made the motion that the Mayor and each Council member submit three (3) names and that seven (7) of the eighteen ( 1 8 ) submitted w i l l be appointed at the next council meeting, to serve on the Charter Amendment Committee. Councilman Samuels seconded the motion and the vote is'as� follows: Ayes: Councilmen Shull, Samuels, Douglass and Byers Nays: None Mayor Fuller declared the motion carried. X I I CITY MANAGER'S REPORT CONTRACTING PROCEDURES City Manager Griggs reviewed contracting procedures presently used, listing "Letter of Credit ", Escrow monies, and ' Bond. The City Manager stated that the council has suggested that one method be used, and, in his opinion, the City has better control, if the funds are escrowed with the City. Mr. Elliott commented that, most of the Developers in the area, would rather put up a Letter of Credit or Cash Escrow Funds. - It was pointed out by Mr. Bill Ratliff, that an amendment to the Policies acrd Procedures will be necessary if a change is made. Councilman Shul1 made the motion that, in all future developments, under the Developer Agreement, a Letter of Credit or Cash escrowed with the City be furnished by the Developer and that the Policies and Procedures be amended to this effect. Councilman Samuels seconded the motion, and the vote i s as follows: r, 11 140 -11 (Page Eleven, Regular Meeting of the Euless City Council, August 27, 1968) Ayes: Councilmen Shull, Samuels, Douglass and Byers Nays: None Mayor Fuller declared the motion carried. XIII. SUBMITTING CF NAMES Councilman Samuels made the motion that a I I names submitted by September 10th to the City Secretary w i I I be presented to members of the council for their,,-consideration as possible appointees to serve on the Charter Amendment Committee. Councilman Shull seconded the motion and the vote is as follows: Ayes: Councilmen Samuels, Shull, Byers and Douglass Nays: None Mayor Fuller declared the motion carried. RESOLUTION NO. 217: COMMENDING FOLICE ll OFFICER ELLIOTT XIV. A resolution was presented as follows: WHEREAS, Police Officer Gilbert R. Elliott, on the night of August 12, 1968, demonstrated courage and loyalty in his investigation of a suspicious vehicle and driver, and WHEREAS, in the line of duty, Officer Elliott exemplified the highest qualities of a Police Officer, by disregarding his own safety in defense of lives and property of the citizens of Euless. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL CF THE CITY CF EULESS: That Officer Gilbert R. Elliott is to be commended for his brave and courageous action and dedicated devotion to duty as a Police Officer. ADOPTED AND APPROVED this twenty- seventh day of August, 1968, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: /s/ W . G. F u l l e r Mayor /s/ Vada Ferris Mv Sedrefary 140 -12 (Page Twelve, Regular Meeting of the Euless City Council, August 27, 1968) Councilman Samuels made the motion to approve Resolution No. 217, as presented. Councilman Douglass seconded the motion and the vote i s as follows: Ayes: Councilmen Samuels, Douglass, Shull and Byers Nays: None Mayor Fuller declared the motion carried. ADJOURNMENT 1. ATTEST: XV. The meeting adjourned at 10 :15 P. M. APPROVED: Mayor I