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HomeMy WebLinkAbout1968-12-1021.5 Regular Meeting of the Euless City Council December 10, 1968 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8;10 P. M., in the Council Chambers of Euless City Hall, by Mayor W. G. Fuller. Councilmen present are listed as follows: Messrs: Frank Douglass, Bill Byers, Harold Samuels and Don R. Warren. Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. NVOCAT10N The Invocation was presented by Councilman Harold Samuels. VISITORS Visitors in attendance are listed as follows: Messrs. D. A. Martin, Ivan Gregory, Troy M. Fuller, Harold Copher, A l l a n Howard, Louis Howard, B i l l Ratliff, Mrs. Betty Potthoff and Mrs. Dorothy Edge. APPROVAL OF MINUTES Minutes of the re- convened meeting, dated September 30, 1968, were approved as written. SLEEP -AIRE MATTRESS COMPANY APPEAL - COMMERCIAL PERMIT N0. 78 Members of the Council had been presented a copy of a letter from Mr. Louis M. Howard requesting the Council to review the building permit for Sleep -aire Mattress Company, which was approved at the regular council meeting on November 26, 1968. Mayor Fuller recognized Mr. Louis M. Howard, who stated that he requests the Council to reconsider Commercial Permit No. 78 because the building has been cut and fabricated, and the s t i p u l a t i o n s placed by the Council previously w i l l result in approximately $3,100.00 for waste of prefabricated materials for this building. Mayor Fuller stated that the Council approved a commercial permit for Sleep -Aire Mattress Company near the Morgan Host Restaurant several weeks ago, which seemed compatible to the lot, (Page Two, Regular Meeting of the Euless City Council, December 10, 1968) and then at a later date, the request to locate the same structure on a lot located between Highway 183 and Pipeline Road, east of Westpark Way, presented a locale that does not seem compatible for the structure. I n answer to 'a question, Mr. Howard stated that the building w i I I be located on the western portion of the property, and the eastern portion w i I I be undeveloped. He stated that the front of the building is a show -room. Mr. Howard stated that since Pipeline Road is not a major artery, he does not concur with the Council's opinion that the entire building should be of masonry materials. ' He stated that the b u i l d i n g w i l l be more attractive than other buildings in the area. Councilman Samuels stated that he has talk- ed with the engineers and been advised that Pipeline Road cannot be lowered, due to the service lines; however, it could be made higher at some future date. Mayor Fuller stated that Pipeline Road is a major artery a t t h i s time, and when i t becomes a four lane highway, w i l l be even more so -- a major artery. Mayor Fuller stated that he would like to see a site plan and building plans. Mr. Howard stated that he is dedicating necessary night -of -way on Pipeline Road. Councilman Douglass stated that he hopes Mr. Howard understands. the Council's position -- that they must take into consideration that Pipeline Road is, and w i I I be, a very important major thoroughfare in the City of Euless. Members of the Council reviewed, with Mr. Howard, a plat of the building structure. Mr. Howard stated that the Council seems to be concerned that the rear of the building, adjacent to Pipeline Road, would be unsightly; however, the lot is not on the same elevation with Pipeline Road, and the fence which i s to be constructed on the rear of the property w i I I serve to screen the entire building. Mr. Howard also stated there is approximately six thousand (6,000) square feet of property adjacent to Pipeline Road which could be used at a later date to enlarge the structure. He 'commented there is approximately three (3) acres which will accommodate parking and storage. Mr. Howard stated that it will be most necessary to fence the rear of the building because this will serve as a storage for materials and l a r g e trucks w i l l deliver supplies to the rear of the build- ing. I n answer to 'a question, Mr. Howard stated that the building w i I I be located on the western portion of the property, and the eastern portion w i I I be undeveloped. He stated that the front of the building is a show -room. Mr. Howard stated that since Pipeline Road is not a major artery, he does not concur with the Council's opinion that the entire building should be of masonry materials. ' He stated that the b u i l d i n g w i l l be more attractive than other buildings in the area. Councilman Samuels stated that he has talk- ed with the engineers and been advised that Pipeline Road cannot be lowered, due to the service lines; however, it could be made higher at some future date. Mayor Fuller stated that Pipeline Road is a major artery a t t h i s time, and when i t becomes a four lane highway, w i l l be even more so -- a major artery. Mayor Fuller stated that he would like to see a site plan and building plans. Mr. Howard stated that he is dedicating necessary night -of -way on Pipeline Road. Councilman Douglass stated that he hopes Mr. Howard understands. the Council's position -- that they must take into consideration that Pipeline Road is, and w i I I be, a very important major thoroughfare in the City of Euless. Members of the Council reviewed, with Mr. Howard, a plat of the building structure. 217 (Pa_e Three, Regular Meeting of the Euless City Council, December 10, 1968) Councilman Douglass made the motion to deny the request submitted by Mr. Howard. Mr. Howard stated that if the Council would not consider approval of plans of the entire building, he would be most appreciative if consideration would be given to the plans for the building front. Councilman Byers inquired, and was advised by M r . Howard, t h a t the b u i l d i n g w i l l have a five (5) foot over- hang, and the sign on the front of the building w i I I be mounted to the wall. Councilman Douglass' motion died for lack of a second. Councilman Byers made the motion that Commercial Building Permit No. 78 be madified to include a flat wall sign on the front of the building, the design of the sign be approved by the City Manager. Councilman Warren seconded the motion, and the vote is as f o I lows: Ayes: Councilmen Byers, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. SECOND READING, ORDINANCE N0. 345, REZONING PROPERTIES ON NCRTH MAIN FOR ANIMAL CLINIC TOR THOMES) , ZONING CASE NO. 161 Councilman Samuels made the motion to approve Second and Final Reading of Ordinance No. 345, rezoning from "A" Residential to "C" Commercial, Tract 12A and the west three hundred, twenty - one (321) feet of Tract 12 of the Ray Shelton Subdivision, with the follow- ing conditions subsequent: 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 in substantial 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. a (Page Four, Regular Meeting of the Euless City Council, December 10, 196 8) 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 Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren and Byers Nays: Councilman Douglass Mayor Fuller declared the motion carried. 10I11PA210PIt61IWI- I = 1=6101 LVA I LVA I I I 10 a ZZ =0I-AI Members of the Council had previously been presented copies of minutes of the Charter Committee Meetings. Councilman Samuels made the motion that January 28, 1969, be set as a date for the Election for voting on amendments to the Euless City Charter. A discussion followed, and Councilman Samuels stated that, perhaps, some consideration should be given to the Committee's recommendation concerning compensation for attendance at Council Meetings -- that, possibly, at some future date, the Council would meet more than twice a month, and he would recommend that the. clause, "not to exceed $50.00 per month" be stricken from the recommendation. The City Attorney stated that he did not anticipate the Council's calling an election and had not prepared an ordinance -- that he would recommend that the Council instruct the City Attorney to prepare an ordinance calling an election. Councilman Samuels withdrew his motion following the City Attorney's comments. Councilman Byers made the motion to adopt the Charter Committee's Report, and after discussion, it was generally agreed that the Council adopted the report at its last regular council meeting. Councilman Byers withdrew his motion. C19 (Page Five, Regular Meeting of the Euless City Council, December 10, 1968) Mayor Fuller requested the City Attorney to read Item V, of the minutes of the Citizens' Charter Committee meeting dated November 4, 1968, in which the Committee recommends that the Euless City Council call an election to consider the following amendments: 1. That the date for Municipal Elections be changed from the first Tuesday in April t o the second Saturday in April. 2. That the system for election of Council Members be changed from the At -Large System to the Places -At -Large System. 3. That no change in the number of Council Members be made at this time. 4. That the number serving on the Planning and Toning Commission be increased from five members to seven members, with three being appointed on the odd years and four being appointed on the even years. 5. That the Mayor and Council Members shall receive a salary of $25.00 for each regular monthly meeting, based on attendance -- not to exceed $50.00 per month. 6. That Section 6 of Article XI I entitled "Notice of Claim" be amended by adding the word "written" after the word "true" in the seventh line of such Sect ion: 7. That the fol6owing wording exempting the City of Euless from Appeal Bonds be added as Section 19, Article X11, entitled "General Provisions'' of the Charter of the City of Euless "It shall not be necessary in any action, suit or proceeding in which the City of Euless is a party, for any bond, undertak- ing or security to be executed by or on behalf of the said City, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, under- taking or security has been given and said City shall be liable as if such obligation had been duly given and executed." The City Attorney informed the Council that he would prepare an ordinance with the propositions, if the Council would instruct him as to the specific amendments which w i I I appear on the ballot. Councilman Samuels stated that, in his opinion, the election on the charter amendments should be held prior to the City Council Election in April, 1969. 220- (Page Six, Regular Meeting of the Euless City Council, December 10, 1968) Members of the Council agreed that the following propositions should appear on the ballot: 1. That the date for Municipal Elections be changed from the first Tuesday in April to the second Saturday in April. 2. That the system for election of Council Members be changed from the At -Large System to the Places -At -Large System. 3. That Section 6 of Article XI I entitled "Notice of Claim" be- amended by adding the word 'written" after the word "true" in the seventh line of such Section. 4. That the following wording exempting the City of Euless from Appeal Bonds be added as Section 19, Article XI1, entitled "Genera.1 Provisions" of the Charter of the City of Euless: "It shall not be necessary in any action, suit or proceeding in which the City of Euless is a- party, for any bond, under- taking or security to be executed by or on behalf of the said C i t y , but a l l such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security has been given and said City shall be liable as if such obligation had been duly given and executed," That the number sery from five members to fears and four being the Council that the could be established prov is ion. In a discussion of the proposed amendment ing on the Planning and Zoning. Commission *be.increased seven members, with three being appointed on the odd appointed on the even years, the City Manager informed number to serve on the Planning =and Zoning Commission by ordinance, which would el &minate the charter Councilman Warren made the motion that the number of persons to serve on the Planning and Zoning Commission be established by ordinance and consist of not less than seven (7) members. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Byers, Samuels and Douglass Nays: None Mayor Fuller declared the motion carried. Mayor Fuller recognized Mr. Ivan Gregory, who stated that, in his opinion, the citizens will not have any control of the number to serve on the Planning and Zoning Commission if the City Council abolishes the charter provision and determines the number to serve by ordinance. 221 (Page Seven, Regular Meeting of the Euless City Council, December 10, 1968) Mayor Fuller informed Mr. Gregory that the Planning and Zoning Commission is an advisory group which is appointed by the City Council. Mr. Gregory stated that he does not think the citizens of Euless should be denied the right to decide the number of persons to serve on the Planning and Zoning Commission -- that the City Council would have complete control of the Planning and Zoning Commission ,if they establish the number to serve by ordinance and then appoint those who serve, Mr. Gregory stated further that he is of the opinion the City Council is removing one of the basic rights of the people. Members of the Council agreed that the City Attorney should determine the number of years each member -wi 11 serve on the .Planni.ng and Zoning Commission. Discussion followed on the recommendation: That the Mayor and Council Members shall receive a salary of $25.00 for each regular monthly meeting, based on attendance -- not to exceed $50.00 per month. Councilman San uels stated that, i n his opinion, the clause "not to exceed $50.00" should be excluded from this proposition. .Councilman Douglass stated that if this clause is removed, and the Council should determine it necessary to have four regular meetings a month, Counci lrrien attending the four meetings could earn $100.00 and, in his opinion, this was not the intent of the Charter Commission Committee. City Attorney Cribbs stated that the Charter Committee did not consider that the Council might, at some future date, wish to have more regular meetings per month. Mayor Fuller inquired concerning the opinions of those present. Councilmen Samuels, Byers and Warren agreed that the clause "not to exceed $50.00" should be excluded from the proposition. Councilman Douglass stated that he would abstain because he did not think that the proposition is clear. Councilman Douglass made the motion that the City Attorney prepare an ordinance of the propositions for the charter amendment ballot. Councilman Byers seconded the motion, and the vote is as f o I lows: Ayes: Councilmen Douglass, Byers, Samuels and Warren Nays: None Mayor Fuller declared the motion carried. 222 (Pape Eiqht, Reqular Meeting of the Euless City Council, December 10. 1968) Members of the Council were in agreement that the City Manager should suggest a date for the election; however, they are of the opinion an election should be held as soon after the first -of the year as possible. IV. ORDINANCE No. 346, CLOSING STREETS WITH I N BOUNDAR I ES' CF DALLAS -FORT Vu7RTH REGIONAL AIRPORT City Manager Griggs reviewed the streets to be closed within the boundaries of the Dallas -Fort Worth Regional Airport, which are as follows: a portion of Trigg- Euless Road, also known as County Road No. 3116, and a portion of Glade Road, also known as County Road No. 3036. Councilman Samuels made the motion to suspend the rule requiring an ordinance to be presented at two regular council meet- ings and approve Ordinance No. 346 on First and Final Reading. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Douglass, Warren and Byers Nays: None Mayor Fuller declared the motion carried. V. RESOLUTION NO. 222, CALLING A PUBLIC HEARING ON ZONING CASE NO. 183, REQUESTED BY MAIN DEVELOPMENT COMPANY, INC. City Secretary Vada Ferris presented Resolution No. 222, calling a public hearing to consider rezoning 5.73 acres out of Solomon Huitt Survey, from "R -1" Single Family Residence to 11-1" Limited Industry and 5.74 acres out of the Solomon Huitt Survey, from "R -1" Single Family Residence to 11R -3" Multi - Family Residence, as requested by Main Development Company, Inc. (Zoning Case No. 183). Councilman Douglass made the motion to approve Resolution No. 222, 'setting January 14, 1969, as the date for public hearing on Zoning Case No. 183. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Douglass, Byers and Samuels Nays: None Mayor Fuller declared the motion carried. 223 (Pape Nine, Regular Meeting of the Euless City Council, December 10, 1968) VI. RE- SCHEDULING OF DECEMBER 24, 1968, COUNC I L MEAT I NG City Manager Griggs stated that the next regular council meeting is scheduled for December 24th, Christmas Eve, and the Council should give consideration to re-scheduling this meeting. Councilman Douglass stated that, in his opinion, a meeting'should be held, and the Mayor could declare that, due to the lack of a quorum, the meeting immediately adjourned. The City Attorney explained that the Council can call a meeting, to be held at any time. Councilman Douglass made the motion that the next regular meeting of the Euless City Council be held at 12;00 Noon, December 24,' 1968. Councilman Samuels seconded the motion, and the vote i s as follows: Ayes: Councilmen Douglass, Samuels and Warren Nays: Councilman Byers Mayor Fuller declared the motion carried. VII. RESOLUTION NO. 223 - APPLICATION CF MONIES RECEIVED FRCM SALE OF PORTION OF WATER AND SEWER SYSTEM TO CITY CF BEDFORD Councilman Byers made the motion to approve Resolution No. 223 as presented by the City Attorney. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. City Attorney Cribbs informed the Council that the sale of the Bedford portion of the Water and Sewer System, to the City of Bedford, w i l l be in the amount of $1,916,134.86 -- that $1,875,608.02 w i I I be placed in a Trust Fund with Bankers Trust Company in New York, and that the difference, in the amount of $40,526.84, w i I I be deposited to the City of Euless Water and Sewer System Operating Fund for adjustments. Councilman Byers made the motion to approve Resolution No. 223 as presented by the City Attorney. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. 224 (Page Ten, Regular Meeting of the Euless City Council, December 10, 1968) -Mr. Cribbs informed the Council that the sale of the system is scbedu 1 ed for Monday, December 16, 1968, -- that Mr. E I b e rt Morrow, the City's Bond Attorney will be in Austin where the monies will be presented to Executive Vice President of the American National Bank of Austin that a telepkone call from Austin, stating that the monies have been received, will result in the final documents being signed, in Euless, by representatives of the Cities of Euless and Bedford, thereby consummating the transaction. Mayor Fuller stated that, in his opinion, someone representing the City of Euless should be in Austin. Mr. Ratliff read provisions of 'the contracts which will exist between the City of Bedford and the City of Euless, with respect to the severance of that portion of the Water and Sewer System serving the City of Bedford. Mr. Cribbs informed the Council that contracts will be signed at the time of the transfer of this portion "oT the system to the City of Bedford -- that the City of Euless will., for a time, sell water to the City of Bedford and treat sewage for the City of Bedford, for a specific fee. Mr. Cribbs stated that he recommends that Mayor Fuller be authorized to sign contracts as discussed. i Councilman Byers made the motion to concur with the recommendation of the City Attorney and authorize Mayor Fuller to sign the contract to exist between the Cities of Euless and Bedford,,.with respect to the severance of that portion of the Water and Sewer System serving the City of Bedford. Councilman Warren seconded the motion, and the vote i s as follows: Ayes: Councilmen Byers, Warren, Douglass and Samuels Nays: None Mayor Fuller declared the motion carried. Authorization For Instrument of Conveyance The 'City Attorney informed the Council that authorization must be approved for delivery of the instrument of conveyance upon receipt of the payment, in the amount of $1,875,608.02 for the System plus $40,526.84 for adjustments, received in cash, from the City of Bedford. 225 (Page Eleven, Regular Meeting of the Euless City Council, December 10, 1968) Councilman Douglass made the motion that the City Manager and City Attorney be authorized to deliver the instrument of conveyance upon receipt of the cash payment, in the amount of $1,916,134.86. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None Mayor Fuller declared the motion carried. City Manager Griggs informed the Council that he has discussed, with the Bedford City Manager, the maintaining and operating of the Bedford portion of the water'and sewer system through the month of December, 1968. The City Manager stated that December 16th is the date for the sale of the system, but from a practical standpoint, Euless w i l l keep the Bedford customers through December, and Bedford w i l l buy the accounts receivable for the month of December. The City Manager explained that this appears to be the most feasible method of handling the Bedford accounts, due to the fact that Bedford meters were read the first week in December, and it is not practical to read the meters again in December. ORDINANCE NO. 347, ZONING Members of the Council had been presented a copy of the proposed zoning ordinance and were advised by the City Manager that the revisions had been implemented as were discussed by citizens, Members of the Counci 1 and Planning and Zoning Commission at'-the public hearing. Mr. Griggs stated that he recommends that the Council adopt the 'zoning ordinance on first and fi n a I reading. Councilman Douglass made the motion to con- cur with the City Manager's recommendation, suspending the rule requiring the reading of an ordinance at two regular meetings, and approve Ordinance No. 347 on First and Final Reading. Councilman Samuels seconded the motion, and the vote ,is as. follows: Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None Mayor Fuller declared the motion carried. 226 (Pape Twelve, Regular Meeting of the Euless City Council, December 10, 1968) IX. ANNOUNCEMENT: COUNCIL OF GOVERNMENTS MEET I NG Members of the Council were reminded of the December 11th Council of Governments meeting; ,which w i I I honor the local Legislators. INI TRINITY HIGH SCHOOL SWIMMING POOL - COMMUNICATION FROM HURST -EULESS - BEDFORD SCHOOL SYSTEM Mayor Fuller informed the Council that the City of Euless has received a letter from the Hurst - Euless- Bedford School District pertaining to the swimming pool at Trinity High School. The Mayor stated that the City Attorney f o r the City o f Euless and the Attorney for the School D i s t r i c t w i I I finalize a contract, and upon the approval of the contract by both the School District and the City Council, the City of Euless will pay $100,000.00 as prefl ous 1 y agreed. Members of the Council discussed various proposals submitted by the School District and were of the opinion that several of the proposals would not be adequate for the citizens of Euless. Members of the Council agreed that the City of Euless should be permitted to operate the swimming pool two nights weekly, Saturdays and Sundays, and a l l day and evenings during the summer months. They were i n agree- ment that, if the School System scheduled a Swimming Meet, the City would relinquish the pool upon receipt of ten (10) days notice. Councilman Douglass stated that he is of the opinion ten (10) days is not sufficient notice -- that Meets could be scheduled often and might actually be practice sessions instead of Swimming Meets. Councilman Samuels questioned the clause in the School- District's proposal for terminating the contract between the School District and the City of Euless. City Attorney Cribbs advised that he had received this contract from the School- District only hours prior to this Council meeting and had not had sufficient time to evaluate properly -- that a copy of the contract would be mailed to each Member of the Council and that the Council must approve any contract document before execution. 227 (Page Thirteen, Regular Meeting of the Euless City Council, December 10, 1968) Members of the Council agreed to approve Plan "A" for certain eonstruction changes at the pool site (Plan "A" had previously been approved by City of Euless Park and Recreation Director W. J. Hyde). XI. OOMMENTS ON CHRISTMAS DECORATIONS, MR, IVAN GREGORY Mr, Ivan Gregory was recognized by Mayor Fuller. Mr. Gregory stated that he wished to compliment the City for the decorations at the Civic Center -- that they depicted the Christmas Season most admirably. XI I. PIPELINE ROAD Councilman Douglass inquired if there were any further development on the proposed construction of Pipeline Road. The City Manager stated that the City of Bedford had not submitted a report on Pipeline RQald construction. Xlli. an ini iR nmeFti'r The meeting adjourned at 10:35 P. M. APPROVED: ATTEST: Mayor 9/' �'7 /- -1,12- " r &. / -d- J City Secretary 228