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HomeMy WebLinkAbout1969-05-1361 Regular Meeti ng of the Euless City Council May 13, 1969 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :03 P. M., in the Council Chambers of Euless City Hall, with Mayor A. C. "Pete" Krause presiding. Councilmen present are listed, as follows: Messrs. Harold Samuels, Harold Copher, Do-n R. Warren, Dan Shull and Frank Douglass. Also present were City Attorney James Cribbs, City Manager C. J. Griggs and Recording Secretary Florence Murr. inivnrronnni The Invocation was presented by Council- man Harold Samuels. VISITORS Visitors present are listed as follows: Mesdms. Betty Potthoff, representing the Mid - Cities Daily News, Diane Wilcox, Anne S. Martin and Joyce Soles; Messrs. Floyd T. Smith, Richard J. Thomes, DVM, Gene White, DVM, Herman Wallace, Ivan Gregory, K. K. Wenger, Joe Swink, W. W. McCormick, Paul Huffhines, Art Barnes, Walter A. Elliott, Jr., Larry Showalter, George Eberhart, Kenneth M. Good, Bert E. Hey], Robert H. Power, Carl Farina and Bill Ratliff, City's Consulting Engineer. APPROVAL OF MINUTES Minutes of the Regular Meeting dated April 22, 1969, and the Called Meeting dated April 26, 1969, were approved as written. OATH CF OFFICE COUNCILMAN, PLACE 4 City Attorney James Cribbs administered the Oath of Office to Mr. J. 6lwayne Wilcox, who was elected Councilman, Place 4 in the Municipal Run -off Election held on April 26, 1969. Councilman Wilcox was officially seated at this time. ELECTION OF MAYOR PRO TEM Mayor Krause announced t h a t , at t h i s time, nominations were i n order for election of a Mayor Pro tern. Mayor Krause 62 (Page Two, Regular Meeting of the Euless City Council, May 13, 1969) commented that he would recommend that Councilman Frank Douglass be re- elected to serve in this capacity. Councilman Warren nominated Councilman Frank Douglass and moved that Councilman Douglass be elected by acclamation. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Shull, Wilcox and Warren Nays: None Abstained: Councilman Douglass Mayor Krause declared the motion carried. Councilman Douglass expressed appreciation for the confidence placed in shim. PUBLIC HEARING ON ZONING CASE NO. 188 REQUEST OF G & C PROPERTIES FCR RE- ZONING LOT4 AND THE EAST 17.1 FEET OF LOT 3, BLOCK A, VILLA WEST ADDITION, FRCM "R -3" MULTIPLE FAMILY DWELLING DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT Mayor Krause opened the Public Hearing, to consider the request of G & C- Properties for rezoning Lot 4 and the East 17.1 feet of Lot 3, Block A, Villa West Addition, from 11R -3" Multiple Family Dwelling District to "C -2" Community Business Dist4ict. The Mayor recognized Mr. Gale Stafford, representing G & C Properties, whose address is 2912 MacArthur Boulevard, Irving, Texas. I n reply to a question from Councilman Douglass concerning the specific use for' the property, Mr. Stafford advised that the purchaser has lessees for a small drive -in grocery -- that he proposes to construct the building on Lot 3, which is zoned "C -2" with exception of Mr. Stafford advised the Council concern- ing the location of the property in question, stating that his firm also owns the property to the South -- that Mr. Basil George owns the adjacent property on the North. Mr. Stafford stated that the subject property has been sold, contingent upon its being rezoned -- that a portion of Block A (Lots 1, 2 and the western portion of 3) are zoned 11C -2" at this time, and his firm is desirous of rezoning the remainder, as they consider that to 4e the highest and best use for it_ I n reply to a question from Councilman Douglass concerning the specific use for' the property, Mr. Stafford advised that the purchaser has lessees for a small drive -in grocery -- that he proposes to construct the building on Lot 3, which is zoned "C -2" with exception of s the East 17.1 feet, Mr. Stafford stated that his firm desires to have Lot 4 rezoned also. Councilman Douglass asked if there is a specific use, at this time, for Lots 1 and 2. Mr. Stafford replied negatively -- that Lot 3 was purchased because the price -of it was lower than the price asked for Lots 1 and 2. ' Mayor Krause asked if there were those present who wished to speak in opposition to this rezoning request. There being none, the Public Hearing was closed. Mayor Krause advised that this matter wi I I be considered at the next regular meeting of the Euless City Council, at which time a vote w i l l be taken. IV. FI NAL PLAT APPROVAL, VILLA WEST ADDITION, SECOND INSTALLMENT Mr. Gale Stafford advised that his firm, G & C Properties, is desirous of Final Plat Approval for Villa West Addition, Second Installment -- that they propose to sell the property in Lots, rather than sell the entire tract in one transaction. Mr. Stafford said that he was informed there i s a question concerning access to the sewer and advised that the sewer line was installed under Villa Drive -- that his firm built the street and dedicated it to the City; however, there are only two outlets and sewer facilities are inadsquate. Mr. Stafford stated that his firm proposes to make two cuts (one -half the width of the street) to tie into the sewer line; however, he has been made aware of an objection from the City's Engineer. Mr. Stafford stated that his firm will make a satisfactory patch after cutting the street, and in his opinion, the City would be doing his firm justice in allowing this, since they built the street and will maintain drainage of the property. Councilman Copher questioned Mr. Bi l l Ratliff, Consulting Engineer, concerning his recommendation. Mr. Ratliff stated it is his understanding that, at the time the south portion of thessubject addition was platted, Mr. Bullard discussed this matter with the Developers -- that the Developers advised that the property had been sewered adequately. Mr. Ratliff stated that, in his opinion, this error is the fault of the Ddvelopers, rather than the City -- that it is the City's responsibility to maintain the street and the Developers' build- ing the street did not cut down on the maintenance of it. .I M (Page Four, Regular Meeting of the Euless City Council, May 13, 196 In reply to'a question, Mr. Ratliff advised that the sewer line was probably installed at the standard depth, which is approximately six feet. Councilman Shull asked Mr. Stafford if he would object to extending the sewer line parallel to the street for a distance of approximately three hundred (300) feet. Mr. Stafford said that he would have no objection; however, he had been advised that he could not do this. City Manager Griggs advised that this property was included in the Preliminary Plat for Villa West, which showed that a I I stub outs would be out from under the pavement and no street cuts would be made . I n a discussion, Mr. Stafford advised that'this would be expensive to have to lay another sewer line parallel to the street. Councilman Shull stated that, in his opinion, the Developer should be required to extend the line -- that three hundred (300) feet of sewer i s not a lot of money -- that, if the streeti "cuts are allowed, the Developers w i I I patch the street and it w i I I be up to the City to maintain it_ Mr. Stafford asked if a street cut involves that much trouble with the street. Councilman Shull replied affirmatively -- that in years to come, it will -- that a street is ruined if water gets under the asphalt. Manager advised t h a t the water l i n e that the'sewer line can be extended minimum distance of ten (10) feet fr the recommendation presented by the street cuts. furnished a drainage agreement. I n reply to a question, the City extends along the north side of Villa Drive -- parallel to the water line, but it must be a om it_ Mr. Griggs stated that he concurs with Planning and Zoning Commission, allowing no Mr. Ratliff asked if the City has been City Manager Griggs advised that the City has a letter from the Developers of Villa West; however, he is of the opinion their covenant should be on the plat. (Page Five, Regular Meeting of the Euless City Council, May 13, 1969) Councilman Shull made the motion to approve the Final Plat on Villa,West Addition, Second Installment, with the stipulation t h a t the street w i l l not be cut t o accommodate sewer extensions and a l l surface drainage w i I I be taken care of, i n accordance with the letter signed by the Developers. Coun� i lman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen, Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. 9 APPROVAL OF REPLATTING TRACT 12, RAY SHELTON cIInnIII IQ MKI 65 Mayor Krause recognized Mr. Richard J. Thomes, D.V.M., who stated that he requests approval of the replatting of Tract 12, Ray Shelton Subdivision. Doctor Thomes advised that he proposes to construct an animal hospital on Lot A, which is, approximately one hundred, thirty -eight (138) feet by two hundred, eighteen (218) feet in size. (Councilman Warren left the Council Chambers at 8 :20 P. M.) Councilman Copher asked' if th'is includes the existing structure. Doctor 'Themes rep] ied negatively. In reply to a question from Councilman Douglass, Doctor Thomes advised that the existing structure will not be used -- that it probably will be removed from the site. Councilman Douglass moved to concur with the recommendation of the Planning and Zoning Commission and approve the replatt- ing of Tract 12, Ray Shelton Subdivision, as presented. Councilman Shull seconded the motion, and the, vote is as follows: Ayes: Councilmen Douglass, Copher, Shull and Wilcox Nays: None (Councilman Warren was absent from the room at the time of the vote.) Mayor Krause declared the motion carried. VI. APPROVAL OF PLAT REVISION AND Mayor Krause recognized Mr. Walter Elliott, Engineer, who introduced Messrs. Art.Barnes, Larry Showalter and Brice Cook, • • (Page Six, Regular Meeting of the Euless City Council, May 13, 1969) representatives for Robert S. Folsom, Developer of Sotogrande. (Councilman Warren returned to the Council Chambers at 8:25 P. M.) Mr. E I I i ott briefed the Council on Sotogrande Subdivision, advising that the development consists of approximate -ly one huddred, eighty (180) acres -- one hundred, twenty (120) acres being located within the City of Euless, and the remainder in the City of Hurst. Mr. E I I i ott pointed out the location of the original tract, calling attention to proposed streets and advised t h a t the g o l f course w i l l be located on Tracts 14, 15A and 15. M r . Barnes stated t h a t grass w i l l be planted around the first of July -- that the golf course will be ready for use by the last of September or the fi rst of October -- that bids are being taken, at this time, on the t e n n i s court, and the country c l u b size swimming pool w i l l soon be under construction. Mr. Barnes advised that an additional one hundred, twenty (120) apartment units are being contracted at this time, and plans for others are on the drawing boards. Mr. Elliott referred to a letter dated May 6, 1969, addressed to the Planning and Zoning Commission, from the City's Consulting Engineers, which states as follows: I "1. The point of intersection of El Camino Real with Pipeline # Road is approximately 30 ft. off -set from Nelson Terrace which intersects Pipeline from the North. This is not a desirable situation from a traffic safety standpoint and should be avoided if possible. 2. There are some streets t o be b u i l t in rather severe cuts. Because of this fact the street section should show a - parkway slope not to exceed around 8%. 3. The fire hydrant coverage map indicates two rather large areas in- tracts 14 and 15 which do not have fire coverage, These areas may be park,- lake, or other areas which do not require coverage but without a site plan, we could not make such a deterrni nation.'' Mr. Elliott advised that the architects have been contacted, concerning the adjustment of El Camino Real, to a l ign i t s point of intersection at Pipeline Road with the street to the North (Nelson Terrace) -- that they foresee no pboblems, and the Developer is agreeable to make this change, if the City is of the opinion it would be justified. t 7 (Page Seven., Regular Meeting of the Euless City Council, May 13. 196 Mr. Elliott advised that the Developer is in agreement w i t h Paragraph Two -- t h a t 'they w i l l be happy to control the slopes up to the right -of -way. Concerning Paragraph Three, Mr. E I1 i ott advised that the recreational area is located on Tracts 14 and 15; therefore, no f ire coverage. is required. Mr. Elliott referred to a letter dated May 6, 1969, from 'the City's Consulting Engineer, addressed to City Manager Griggs, as follows: "l. There are areas of considerable f I I under the streets where plans indicate compaction to 95% density. Our experience has been that without proper equipment, a f I I of this depth can easily receive under - compaction. A would strongly recommend extensive density testing, not only of base and subgrade, but i n those areas sometimes to depths of 7 ft. 2. The water system on Woodvi ne and E I Camino Real have a run of $" pipe around 2,000 ft. without a valve. A would suggest a valve about midway on those two lines for proper operation. 3. I assume Dub E l l i o t t i s aware not to use storm sewer manhole 1 ids as detailed, which .read "City of Hurst." Mr. Elliott stated that he takes no exception to any of these recommendations -- that he is of the opinion plans are under way at this time and it is just'a matter of a few weeks prior to beginning of construction; therefore, he would like to postpone installation of curb and gutter and extending the pavement. Mr. Elliott stated that, in his opinion, all of Pipeline Road shou-Id be- improved under one contract -- that this wil=l make a better street alignment and grades will tie in; therefore, the Developer of Sotogrande requests that all improvements be made and that the City assess him for his pottion of the improvements. City Manager Griggs advised that this is to be a'joint - project and it has been determined by the City's Engineers and the other parties involved that improvements will be done in sections that the plans will fit -- that the City's Engineers purposely laid it out this way in order to get things started. Mr. Griggs stateld further that he would recommend that the Council not waive installation of.curb and gutter and that installation of sidewalks also be required. A lengthy discussion followed, and Mr. Ratliff stated that he is of the opinion improvements should be made at this time by Mr. Folsom. The City Manager advised that, in his opinion, the extra lane w i l l be needed because of the detours .which w i l l be necessary during construction of the street. ria on 09MIld (Page Eight, Regular Meeting of the Euless City Council, May 13, 1969) Mr. Griggs statdd further that, in his o p i n i o n , the Engineer w i l l be, lenient in his, requirements for paving, i n order to get the temporary lane and advised that the materials used wi I I not be wasted -- that i t w i I I a I I be pulverized and the fi n a I surface w i l l probably not go on i t for a -yeas or eighteen (18) months under the present plan. Mr. Barnes commented that their objection was that a temporary installation would be a waste of money. Mr. Barnes asked who is required to install asphalt between the curb and existing road. Mr. Ratliff advised that normally, the Developer would build curb and gutter and tie into the existing pavement with six inches of hot'mix. However, i n thi's case, since the street wi'l l be pulverized from curb to curb, the Developer will install curb and gutter and put in a base migture compatible with the stabi lization process proposed for permanent improvements and put en a single coarse wearing surface over the tie -in until we complete the street. i The Mayor commented that Hurst has exper enc- ed problems with their base filling, and Euless should eliminate this problem ' Councilman Copher asked if Mr. Folsom wi 1 be assessed for the fi n a I cost of improvements. The City Manager advised that an equitab e assessment program w i I I be set up -- that he w i I I not be assessed for curb and gutter since he is installing it now. Mr. Barnes asked if his firm - would'receive any credit for installation of the temporary lane. Mr. Griggs stated that this w i I I lessen t h e i r expenses in the long run -- t h a t the c r e d i t w i l l come in the - effect that i t w i l l not cost as much in the long run -- t h a t the County w i l l be doing a portion of the work. Mr. Griggs stated that an assessment wi I I have to be made by either Bedford or Euless. In' a discussion of sidewalks, Mr. Griggs stated that he always recommends the installation of sidewalks and does i n this case . Mr. E I I i ott stated- that, i n his opinion, this is a burden to the Developer -- that installation of sidewalks should be a part of the street development plan. distance of the subject additbori a distance of approximately three stated that he does not consider that, in his opinion, the school Sotogrande. Councilman Shull inquired coneenning the from school property. It was determined'to be hundred, seventy -five (375) feet. Mr. E I I i o tt the football field to be an educational facility is approximately one thousand (1,000) feet from S (Page Nine. Regular'Meeting of the Euless City Council, May 13y lgj,a) Councilman Shull advised that the City Council passed a resolution, requiring that anything within fifteen hundred (1500) feet of school property must have sidewalks and asked Mr. E I I i ott if he was not aware of this requirement. Mr. Elliott stated that he was not aware of it until recently. A lengthy discussion followed,' and Mr'. Barnes advised that his firm does not object to installation of the sidewalks or installation of the temporary street. Mayor Krause advised Mr. Barnes that the City does not wish to charge the Niveloper any extra money -- that the City has its problems too. and this ciis one of them. Councilman Copher asked if the street layout for Sotogrande complies with the Resolution submitted by Morrisdale residents. Mr. Elliott replied affirmatively, pointing out the location of streets which had been changed to the satisfaction of residents of Morrisdale. Councilman Douglass asked Mr. Ratliff if he is agreeable with Mr. Elliott's statement concerning the 8% grade of parkway slopes. Mr. Ratliff replied affirmatively. Councilman Douglass made the motion to approve the plat revision and extension of Sotogrande Subdivision, with the following provisions: 1. . El Camino Real is relocated to� intersect with Nelson at Pipeline Road, 2. Sidewalks are constructed, 3. Curb and Gutter is installed to City's specification, and 4. Installation of temporary street from curb and gutter to existing pavement, as per specifications, to be topped with single coarse inverted penetration . Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. 70 (Page Ten, Regular Meeting of the Euless City Council, May 13, 1969) VII . PREL I M I NARY PLAT APPROVAL. LOTS 1 AND 2, BLOCK 45, MIDWAY PARK ADDITION Mayor Krause recognized Reverend Floyd T. Smith, who advised that First Church of the Nazarene owns a tract, adjacent to Tr -inity High School, on Midway Drive -- that they propose to construct a church building and request preliminary plat approval for Lots 1 and 2, Block 45 Midway Park Addition. Councilman Shull made the motion to concur with the recommendation of the Planning; and Zoning Commission and approve the Preliminary Plat for Block 45, Midway Park Addition as presented. Councilman Copher seconded the motion, and the vote is as follows: Ayes:' Councilmen Douglass, Copher,: Shull, W i Icox and. Warren Nays: None Mayor Krause: declared the motion carried. V1II. FINAL PLAT APPROVAL LOT 1 , BLOCK 5, MIDWAY PARK ADDITION Reverend Floyd T. Smith advised that First Church of the Nazarene proposes to start construction of; a church building to be located on Lot 1, Block 45, Midway Park Addition. Reverend Smith advised that water and sewer facilities are existing and that construction of .the building will be started as soon as a building permit can be obtained. Councilman Copher made the motion to concur with the recommendation of the Planning and Zoning Commission and approve the Final Plat for Lot 1 , Block 45, Midway Park Addition as presented. Councilman Wi Icox seconded the motion, and the vote is as fo.11.ows: Ayes: 'Councilmen Doug -lass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. 71 (Page Eleven. Regular Meeting of the Euless City Council. May 13, 1969) IX. CONSIDERATION CF REQUEST FRCM MESSRS. JOE P. FARINA AND JOHN PASS FCR NEW HEARING ON ZONING DISTRICT CHANGE Mayor,Krause recognized Mr. Robert H. Power, representing Messrs.ciJoe P. Farina and John Pass, who request the Council's consideration for allowing a new hearing and consideration of a zoning district change under, a revised plan. Mr. Power advised that a recent request for rezoning this property, from "R -1" Single Family Dwelling District to 11R -3" Multiple- Family Dwelling District, was denied by the Planning and Zoning Commission and the Euless City Council (Zoning Case No. 187). (Planning and Zoning Commission recommended approval of Zoning Case No. 187.) Mr. Power statdd that his clients propose to submit a new application for the entire eighteen (18) acres, based on a revised plan. Mr. Power commented that, possibly, the one year waiting period would not be applicable because of the revised plan that his clients propose medical and professional offices OR the front portion of the tract: -- that no retail use is being considered. i 1 Councilman Douglass asked the City Attorney his opinion on this matter. Mr. Cribbs advised that the Council can permit re- application with in a year -- that this is the Council's discretion that the waiting period. is a policy,which woV]d <,have to be waived if it were precisely the same request. Mr. Power presented a sketch indicating proposed plans for the tract -- retail sales adjacent to Highway 157, medical and professional offices adjacent to Midway Drive, and the remainder for apartments. Mr. Power advised that this is a rough sketch which was prepared to show that the request differs from the previous one. Councilman Douglass made the motion to take this matter under advisement, tabling it until the next regular council meeting. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. 721 (Page Twelve, Regular Meeting of the Euless City Council, May 13, 1969) 0 RESOLUTION N0. 234, CALLING PUBLIC HEARING, ZONING -CASE NO.- 190, REQUEST FOR REZONING 83 ACRES FRCM "R -1" SINGLE FAMILY DWELLING D4 STR I CT TO - "R -3" MU LT I PLE -FAM I LY DWELLING DISTRICT Mayor Krause recognized Mr. Robert H. Power, who advised that he represents Mr. Bert Heyl, who requests further consideration of the request for rezoning his propert'y,'orr- wtrich- Pub]- ic- Rea r-i -hg.was recently denied. Mr. Power,stated that he filed the applica- tion, requesting Multi - Family Zoning for Mr. Hey] Is tract (Zoning Case No. 190) -- that a Public Hearing was field before the Planning and Zoning Commission -- that the Commission members were of the opinion this zoning change was i n conflict with the Master Plan and felt that this change should be made by the City Council, if it was going to be changed. Mr. Power 'advised that he was i n agreement that a matter of this nature should be considered by the Council -- that he wrote City Manager Griggs requesting that this matter be appealed and advertised: for Pub] i c Hearing; however, he received a letter stating that no Public Hearing would be held, 1 Mr. Power stated that he is present to ask the City Council to allow him and his'client to appear and present their feelings, thoughts and reasons for fi I i n g the zoning request. Mr. Power advised -that he is aware that the Council may not be agreeable to the zoning change; however, they would like to have the opportunity to present this matter and would be appreciative of the opportunity to do so. Councilman Wilcox asked Mr. Power what was presented as evidence that apartments is the h'ighest and best use for this property. Mr. Power said that he talked for ten or fifteen minutes -- that no proposed land -use maps were presented and he is aware this was a mistake -- that evidence will be presented, if he is given the opportunity of presenting it to the Counci 1. Councilman Douglass said that the Council recently unanimously denied Public Hearings on Zoning Cases 189 and 190 -- that he is of the opinion this action is unprecedented in the City of Euless -- that, in his opinion, the Council erred in this action -- that the Council has the privilege of denying a case, but he asks the - question if' -this is just and fa -ir. 'councilman Douglass stated that, in his opinion, everyone is entitled to a hearing. Mr. Douglass stated that, prior to the Public Hearing on Zoning Case No. 189 73 (Page Thirteen, Regular Meeting of the Euless City Council, May 13, 1969) before Planning and Zoning Commission, Mr. Piers Chance came to him and asked his opinion concerning the possibility of approval of the zoning. Councilman Douglass stated that he told Mr. Chance he was of the opinion there was not a chance of getting the rezoning approved -- that Mr. Chance expressed a desire to proceed with the request being heard by the Planning and Zoning Commission and :the City Council. Councilman Douglass stated that he told Mr. Chance one -half of the zoning fee could be requested if the Planning and Zoning Commission recommended denial of this rezoning request. Councilman Douglass commented that .the Planning and Zoning Commission, after a Public Hearing, did recommend. denial of the zoning request and the City Council subsequently denied him the right to be heard before them. Councilman Douglass stated that, in his opinion, the Council should be big enough to face the people in a Public Hearing and tell them what is right or not right for the City. .Mayor Krause stated that, in his opinion, whether the Council agrees or disagrees, the petitioner has the right to a public hearing . Councilman Shull advised that Public Hear- ing on Zoning Cas'e 190 was denied because no plans or evidence were submitted. Councilman Warren stated that he voted on the question with mixed emotions, but is,of the opinion the primary reason for denying public hearing was that the Council was of the opinion the zoning request would be y denied, and the petitioner was given an opportunity to receive a refund of one -half of the zoning fee. Councilman Shull stated that he is of the opinion the petitioner should be allowed to present the case again, providing sufficient evidence is presented. Mayor Krause commented t h a t , in h i s opinion, it should go before the Planning and Zoning Commission also. The City Attorney stated that the Council does have authority to deny a zoning case without Public Hearing, according to the Charter -- that he recalls Councilman Douglass came to him following the meeting when.the public hearings were denied commenting that this action, possibly, was a mistake. In a lengthy discussion of this matter, City Attorney!Cri-bbs advised the Council that reversing its decision concerning this Zoning Case would be setting a .precedent and the Council needs to be certain of its action. Mr. Cribbs stated he would prefer that the Council call a public hearing, referring the case back to the Planning and Zoning Commission if they desire to do so -- that allow- ing the petitioner to re- submit the case would necessitate the waiver of a required one -year waiting peridd, which he considers a bad precedent. 74 (Page Fourteen, Regular Meeting of the Euless City Council„ May 13, 1969) Councilman Douglass commented that he is of the' opinion it -is unfortunate that the public hearing was denied. Councilman Shull stated that, in his opinion, the Council was justified in its action because the petitioner did not present any evidence, but a public hearing should be held, if evidence -is to be presented. Councilman Douglass moved to approve Resolution No. 234, setting June 10, 1969, as the date for Public Hearing on Zoning Case No. 190. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull and Wilcox Nays: Uounci lman Warren Mayor Krause declared the motion carried. Mayor Krause stated that he would like to go on record as being opposed to calling this public hearing because he considers the Council is setting a precedent -- that he is of the opinion the Council erred in denying a publ is hearing when this matter was presented'previously; however, they voted that way and it should he left that way. Councilman Warren commented that, in his opinion, the Council is setting a bad precedent -- that the manner in which the matter was presented is not the fault of the Council. XI. CONSIDER REQUEST OF MR, JACK NOLEN FOR ON -STREET PARKING ON HARWOOD ROAD Mayor Krause recognized Mr. Jack. Nu len, who advised. that he'resides at 407 Harwood Road and requests the Council's consideration for allowing on- street parking in the vicinity of his residence on Harwood. Mr. Nolen stated that there are four residences which face Harwood Road, irranediately across from the elementary school -- that parking is prohibited in that area. Mr. Nolen said he understands that on- street parking would be hazardous during the periods of heavy school traffic; however, prohibiting parking almost denies their having guests, who have automobiles - anyone who is a visitor must either walk quite a distance or violate the parking restriction. Mr. Nolen advised that he requests that on- street parking be allowed during periods when school traffic is light, when no hazards should be presented. Councilman Shull asked Mr. Nolen if allowing no parking between the hours of 8 :30 A. M. and 4:30 P. M. would be satisfactory. r!. - (Page Fifteen, Regular Meetinq of the Euless City Council, May 13, 1969) Mr. Nolen replied negatively, stating that this would deny daytime visitors -- that he would suggest that parking be prohibited only during pe'riods'when children are '6'rriving or departing from school -- that, in his opinion, on- street parking during the remainder of the day and on weekends would present no hazards. Councilman Douglass asked Mr. Nolen if he means to prbbibit on- street parking from 8;00 to 9;00 A.' M. and 'from 2;00 to 4;00 P. M. Mr. Nolen advised that this arrangement would be satisfactory. Councilman Shull commented that granting this request would necessitate the same action on North Main and South Main. The City Manager stated that the street was not designed and built for a parking lane, and'if it is to have two lanes of traffic, the City must have this no parking restriction. 'Mr. Griggs stated further that traffic is heavy during periods other thah school hours. A lengthy discussion followed, and Mr. Noler advised, i n reply to a question, that he had a single drive at the time of his letter of request on this matter; however, he has installed a circular drive since _ that time, which w i I I accommodate, possibly, three cars, i f they are parked closely and carefully. Councilman Warren asked how far it is from the houses in question to Denton Drive. Mr. Nolen replied that the house nearest to Denton is approximately one hundred (100) feet from it_ Counci I'man Douglass comme'nted that this is not a new problem -- that the same situation exists i n the City of Irving, on MacArthur and O'Connor. Councilman Warren stated'that on- street park- ing i s not permitted on Randol Mi I 1 Road, i n the City of Arlington. Councilman Shull made the motion to uphold the ordinance proh'ibiting'on- street parking on Harwood Road and deny the request of Mr. Jack Nolen. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Dougla8s, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. 76 (Page Sixteen, Regular Meeting of the Euless City'Council, May 13, 1969) Mr. Nolen asked that notice be taken that there are violations of this ordinance during period when there are athletic activities. rl� APPROVAL, OF' PLAT REV IS ION, PORTION OF TRACT 'I N A, J. HU I TT S U RVEY AND A PORTION CF TRACT A, BLOCK 15, OAKWOOD TERRACE ADDITION, 5TH FILING, MR, FRANK DOUGLASS Cou.nc i Iman Warren made the' mQt i on .to concu r " with the jreco.mme,ndation of the Planning and Zoning Commission and appr.gve�the'pIat revision, as presented. Councilman W Icox seconded the motion, and, the vote is as follows: Ayes: Councilmen Copher, Shull,. Wi Icox and Warren Nays: None Mayor Krause declared the motion carr'ied. Councilman Douglass returedd to his Council Place. X111. CONSIDERATION OF PETITION FCR WAIVER OF BUILDING PERMIT FEE, NCRTH EULESS BAPTIST CHURCH City Manager Griggs advised that. the North Euless Baptist Church has petitioned the City of Euless to waiver the charge for a building permit in the amount of $24.00. The City Manager stated it is hi's recommendation that the fee not be waived. Councilman Douglass stepped down from his Council Place to present his request for approval of a plat revision of a portion of a tract in the A. J. Huitt Survey and a portion of Tract A, Block 15, Oakwood Terrace Addition, 5th Filing. Mr. Douglass stated that he desires to combine the properties into one tract and advised that the property is located approximately two hundred, thirty -six (236) feet East of Simmons Drive on Highway 183,. adjacent to the Lighthouse Motor Inn. Mr. Douglass advised that the minutes of the Planning and Zoning Commission reflect that the property is situated adjacent to the Lexington Apartments;, however, th -is is incorrect. Cou.nc i Iman Warren made the' mQt i on .to concu r " with the jreco.mme,ndation of the Planning and Zoning Commission and appr.gve�the'pIat revision, as presented. Councilman W Icox seconded the motion, and, the vote is as follows: Ayes: Councilmen Copher, Shull,. Wi Icox and Warren Nays: None Mayor Krause declared the motion carr'ied. Councilman Douglass returedd to his Council Place. X111. CONSIDERATION OF PETITION FCR WAIVER OF BUILDING PERMIT FEE, NCRTH EULESS BAPTIST CHURCH City Manager Griggs advised that. the North Euless Baptist Church has petitioned the City of Euless to waiver the charge for a building permit in the amount of $24.00. The City Manager stated it is hi's recommendation that the fee not be waived. 7. (Pape Seventeen, Regular Meeting of the Euless City Council, May 130 Ig6g) - Councilman Copher stated that the City of Euless needs churches and, in his opinion, no charge should be made for building permits for church buildings -- that this should not apply to church -owned residences or businesses, only the church building. Councilman Shull advised that, if this permit is waived, the City will have numerous requests of the same nature from non - profit organizations. A discussion followed, and in reply to a question, the City Attorney advised that he is not certain the waiver•of building permit fees would be legal. Councilman Shull made the motion to deny the request of North Euless Baptist Church for waiver of the building permit fee. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Shull, Wilcox and Warren Nays: Councilman Copher i I Mayor Krause declared the motion carried. KlA CONSIDERATION CF REQUEST FCR RELEASE CF JUDGMENT, MR. RICHARD PARKS, TAX ASSESSOR -COLLECTOR Councilman Shull made the motion to concur with the recommendation of the Tax Assessor - Collector and authorize the Mayor to execute a Release of Judgment on James B. Sandlin, Suit No, 98 029. Council= man Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. City Manager Griggs advised that Mr. Richard Parks, Tax Assessor - Collector, has requested execution of a Release of Judgment by Mayor Krause. M r . Griggs explained t h a t the Tax Assessor f i l e d for judgment against Mr. James B. Sandlin for unpaid taxes, in the amount of $6.97 -- that Mr. Parks has received payment, in the amount of $6.97, plus the cost of the suit, and requests that the property owner receive a release from t is judgment. Councilman Shull made the motion to concur with the recommendation of the Tax Assessor - Collector and authorize the Mayor to execute a Release of Judgment on James B. Sandlin, Suit No, 98 029. Council= man Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. • (Page Eighteen. Regular Meeting of the Euless City Council, May 13, 1969) XV . ACCEPTANCE OF UTILITY EASEMENT, FIRST BAPTIST CHURCH X City Manager Griggs advised that First Baptist Church does not have City water service, at this time -- that facilities have been extended to their property line, by the Developer on the East, and First Baptist Church has presented, through their attorney, Mr. Elvin Tackett, an easement to accommodate the extension of a water main along the North side of their property, extending to the West property line and South adjacent to Highway 157. Mr. Griggs advised that the property is served by City sewer at t h is t ime. Councilman Douglass made the motion to accept the u t i l i t y easement, executed by the First Baptist Church. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. XVI. ANNOUNCEMENT OF ANNUAL MAY MEETING, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, MAY 21, 19 9 Mayor Krause announced that the Annual May meeting for North Central Texas Council of Governments w i I I be held at 12:15 P.M. on Wednesday, May 21, 1969 at The Inn of the Six Flags. The Mayor stated that he is unable to attend this meeting; however, Mayor Pro Tern Frank Douglass wi I I be present. Mayor Krause instructed the Councilmen 'to advise Mrs.. Murr of their intentions, i n order' that luncheon reservation5 may be made. XVI I. CALLING A PUBLIC HEARING FCR NAY 27. 1969, CONCERNING PROPOSED ONE -WAY SERVICE STREETS ALONG S H 183 IN THE VICINITY CF MAIN STREET Mayor Krause advised that. the City of Euless was contacted by the Texas Highway Department, who advised that the State will pay for installation of a trip light at the intersection of Highway 183 and Main Street, providing the access roads adjacent to Highway 183 ane restricted 79 (Page Nineteen, Regular Meeting of the Euless City Council, May 13, 1969) to one -way traffic. Mayor Krause recommended that a public hearing be called so t h a t property owners may be n o t i f i e d and a l l interested parties can express their opinions concerning this proposal. Councilman Douglass made the motion to call a Public Hearing, to be held at the next regular *meeting'of the*Euless City Council, on May 27, 1969. councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull , Wilcox and Warren Nays: None Mayor Krause declared the motion carried. XVIII. RESOLUTION N0. 235, EXPRESSING INTENT FCR PARTICIPATION IN COUNTY WIDE PLAN FCR COORDINATION OF GOVERNMENTAL PLANNING Councilmen Shull presented Resolution No. 235, expressing the intent of the City of Euless for participation in a County- wide plan for coordination of public improvements and services, providing the City of Euless is represented and helps to formulate the joint activity. Councilman Shull moved acceptance and approval of Resolution No. 235, as presented. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. XIX. DISCUSSION ON PURCHASE CF RECORDING SYSTEM Councilman Shull asked if a study of recording systems, for taping of council meetings, has been accomplished by the City Manager. City Manager Griggs advised that he will have a recommendation in the near future -- that a seminar covering this subject is being planned by the Council of Governments, and that the gentlemen present E:1I1 (Pape Twenty, Regular Meeting of the Euless City Council, May 13, 1969) tonight with their equipment are conducting a demonstration and will ma'ke the tape available for study. I XX . DISCUSSION CF PROPOSED PLAN FCR COORDINATION CF FIRE DISPATCHING Councilman Douglass advised Mayor Krause that he recently read an article in the newspaper concerning a plan for coordination of fire dispatching and asked for information concerning this project. Mayor Krause advised that there are no definite plans at this time -- that the Fire Officials in the area have had two meetings and another is scheduled for Thursday, May 15th -- that this matter'will come before the Council at a future date. 2" DISCUSSION CF ESTABLISHING A CLEAN -UP DAY FCR THE CITY Councilman Copher asked 'if a day could be set aside as "Clean -up Day" for cleaning up the 1 itter scattered throughout the City., Mayor Krause replied affirmatively, stating I that he -would like to have a Resolution to that affect from the Council. ' Councilman Douglass suggested that a week might b.e set aside for this purpose, designated as "Clean up, Paint up and Fix Up Week ". Councilman Copher asked if the City of Euless can negotiate with the City of Grapevine for use of their dump on that day. • The City Manager advised that, possibly, an arrangement could be made -- that he would not hesidate to approach them concerning the matter. Mayor Krause appointed Counci 1man Copher as committee chairman for this project, instructing him to investigate the matter and make the necessary arrangements. XXII. DISCUSSION OF PEBBLB CREEK status of improvements to Pebble Creek. Mr George Eberhart inquired concerning the A (Page Twenty -one, Regular Meeting of the Euless City Council, May 13, 1959) City Attorney Cribbs advised that a meeting with the Developer's attorney, the City's Engineer and himself is scheduled for next week, and he is satisfied that the problems will be worked out. XXIII - QUESTION CONCERNING RESOLUTION NO. 235, MR, IVAN GREGORY Mr. Ivan Gregory stated that he questions the Council's action in passing the resolution approving coordination of governmental planning between County Commissioners and all Cities in Tarrant County. The City Attorney advised Mr. Gregory that a similar resolution was presented by the City of Fort Worth to Tarrant County Commissioners' Court -- that the resolution approved tonight states that the City of Euless will participate if it has proper representation. Mr. Cribbs stated further that each case will be considered individually - that the group could be organized without the City of Euless, and the City of Euless might choose to join at a future date; however, he considers participation in the formulation of plans to be advantageous to the City of Euless. XXIV, j AUTHORIZATION FOR EXECUTION OF CERTIFICATES OF APPRECIATION Mayor Krause requested the Council's consideration for authorizing him to execute Certificates of Appreciation to former Mayor William G. Fuller, and former Councilmen Billy L. Byers and Harold D. Samuels. Councilman Warren made the motion to authorize Mayor Krause to execute Certificates of Appreciation as requested, Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copier, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. ADJOURNMENT The meeting adjourned at 10 :15 P. M. APPROVED: ATTEST: Mayor e Ur TeC57 y 16NO N