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HomeMy WebLinkAbout1969-08-26Regular Meeting of the Euless City Council August 26, 1969 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:05 P. M. in the Council Chambers of Euless City Hall by Mayor A. C. Krause. Councilmen present are listed as follows: Messrs. Frank Douglass, Harold Copher, Dan Shull and J. Dwayne Wilcox. (Absent: Councilman Don R. Warren, who is on vacation.) Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. iKmnrnT1nti The Reverend Mr. Michael S. Black, Minister of the United Memorial Christian Church, offered -the prayer, at the invitation of Councilman Harold Copher. VISITORS Visitors in attendance are listed, as P follows: Mr. and Mrs. Robert Power, Mr. and Mrs. Bobby R. Helm, Mesdms. Anne Martin, Betty Potthoff, representing Mid - Cities Daily News, Dorothy Edge, representing the Fort Worth Press; Messrs. Troy M. Fuller, John Hutcheson, Ivan Gregory, Jr., B i I I Pasteur, W. H. Albritton, Tim Kidd, Doyle 0. Winters, Willard Lowry, Walter A. Elliott, Jr., Michael S. Black, Bobby R. Fuller, Dick Leggett and Charles Hunt. APPROVAL -OF MINUTES Minutes were approved on meetings listed as follows: Called Meeting dated July 19, 1969 Reg6lar Meeting dated July 22, 1969 Called Meeting dated August 2, 1969 PUBLIC HEARING, ZONING CASE 192, REQUEST OF MR. GEORGE GORDON FOR REZONING 1,49 ACRES IN THE J. P. HALFORD SURVEY, FROM "C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "C -2" COMMUNITY BUS I NESS D I STRICT Mayor Krause opened the Public Hearing t63 164 (Page Two, Reqular Meeting of the Euless City Council, August 26, 1969) on Zoning Case 192, the request of Mr. George Gordon for rezoning 1.49 acres in the J. P. Halford Survey from "C -1" Neighborhood Business District to "C -2" Community Business District, property located on the West side of North Main Street, North of Shields Pharmacy. The Council was advised that a business for the retail sale and repair of boats is proposed for this site. Mayor Krause recognized Mr. Paul Henderson, proponent in Zoning Case 192. Mr. Henderson stated that he would attempt to answer any questions pertaining to his request. There were no questions, and Mayor Krause inquired if there were other proponents in this zoning case. There being none, the Mayor inquired if there were opponents in this zoning case. There were no opponents; however, Council- man Douglass read from Item I, Planning and Zoning Commission minutes dated July 1, 1969: "Mr. Leggett made a motion to recommend approval of the rezoning of 1.49 acres i n the J. P. Halford Survey, Abstract 711 (Zoning Case 192), from "C -1" Neighborhood Business District to "C -2" Community Business District, with the following conditions: 1. A commitment for construction of a building which meets a11 City specifications must be obtained within a period of nine months, and 2. Substantial construction,of the building must be started within a period of twelve months from date of approval of the rezoning." In answer to a question, Mr. Henderson stated that he is prepared to meet the recommendations of the Planning and Zoning Commission, if the City Council so desires. Mayor Krause informed Mr. Henderson that this case would be given further consideration at the next regular council meeting on September 9, 1969. CONSIDERATION CF ZONING CASE 189, REQUEST FROM MR. PIERS CHANCE FOR REZONING 7.914 ACRES IN THE J. P. HALFORD SURVEY, FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "R -3" MULTIPLE FAMILY DWELLING DISTRICT Mayor Krause announced that a public 1.65 (Pape Three, Regular Meeting of the Euless City Council, August 26, 1969) hearing of Zoning Case No. 189, property located on the South side of West Midway Drive and the West side of Ector Drive, was held on July 22, 1969, and inquired if there is further discussion by Members of the Council. There were no comments. Councilman Douglass made -the motion to concur with the recommendation of the Planning and Zoning Commission and deny rezoning in this case. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried, and the rezoning of this property denied. ' REOUEST FCR DELETION CF CONDITIONS SUBSEQUENT AS SPECIFIED IN ORDINANCE 322, (ZONING CASE 166) Mr. Pasteur advised the Council that the request concerns approximately six and one -half acres on North Main Street _i at East Midway Drive - that the West three hundred (300) feet of this tract was zoned "B" Local Business several years ago, and, at the time of purchase earlier this year, the owners were unaware of a previous zoning ordinance. Mr. Pasteur stated that Ordinance No. 322, erroneously rezones the entire tract to "B" Local Business and imposes "Conditions Subsequent ". At the request of the City Attorney, Council Minutes dated February 1968, were brought to the Council room by the City Secretary, and read by the City Attorney, in which Ordinance No. 322, indicates that the Council was aware that the three hundred (300) feet was previously rezoned. Mr. Pasteur stated that, after review of the minutes, it is evident, -the City Staff was not in error, but had been furnished incorrect field notes. However, the conditions subsequent expire this month and the owners request an iddefinite extension. Councilman Wilcox made the motion that the conditions subsequent be applied to the entire tract, as follows:, A. A final site development plan shall be submitted to the City Council within 18 months following final passage of the ordinance effecting the requested - changes. 166 (Page Four, Regular Meeting of the Euless City Council, August 26, 1969) B. Construction in substantial compliance with the final site development plan as approved shall be commenced withiri 24 months following final passage of the ordinance effecting the requested changes. C. Construction in substantial compliance with the final si i to development plan as approved shall have been substantially completed within- 36 months following final passage of the ordinance effecting the requested changes, Councilman Shull stated that he is of the opinion that the number of months stipulated in conditions subsequent is unfair to developers -- that presently the money situation is hazardous, and he requests the Council's consideration of an indefinite period of time being granted to developers. Mayor Krause recognized Mr. Bobby Helm. Mr. Helm stated that the owners of this property 'regret the delay in beginning a project on this tract; however, the money stivation and interest rates are an important factor -- that the owners are in good faith in request- ing the extension of the conditions subsequent restrictions placed on this p rope rty , Councilman Wilcox withdrew his motion, Councilman Shull stated that there are very few cities imposing the conditions subsequent on developers, and in his opiniom, the City of Euless is discouraging developers with this requirement. Councilman Shull made a motion that the conditions subsequent requirements imposed in Ordinance 322 be deleted. Councilman Copher ,seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Wilcox, and Shull Nays: None Mayor Krause declared the motion carried. IV, CONSIDER FINAL PLAT APPROVAL FCR 0. L. PITTS SUBDIVISION Mayor Krause recognized Messrs, Walter Elliott and Willard Lowry, who are desirous of Final Plat Approval in the 0. L. Pitts Subdivision -- property located East of the Medical and Dental Arts Center at 800 Notth Industrial Boulevard. ? 167 (Page Five, Regular Meeting of the Euless City Council, August 26, 1969) Mr. E I I i ott stated that the owners plan to construct a one hundred - twenty (120) bed nuriing home on the site. Councilman Douglass inquired concerning recommendations from the Consulting Engineers referred to in the Planning and Zoning Commission Minutes. City Attorney Cribbs informed the Council and the petitioners that a Specific Use Permit is necessary$for the Nursing Home and requires a Public Hearing before the Planning and Zoning Commission. Councilman Douglass made a motion to concur with the recommendation of the Planning and Zoning Commission and approve final plat for 0. L. Pitts Subdivision subject to the installation of an eight (8) inch water line, obtaining documents indicating ingress and egress to be maintained by thecawner5,and acqufsition of a Specific Use Permit. Councilman Wilcox seconded the mofion, and the vote is as fol lows : Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. V. MOBILE HOMES PARK - PIPELINE ROAD EAST OF SOUTH MAIN STREET Consider Final Plat Mayor Krause recognized Mr. VA lte r Elliott and Mr. Doyle Winters, requesting final plat approval of propaerty located on Pipeline Road, East of South Main Street, a location for a mobile homes park. The City Manager advised that the Engineers recommend the installation of an eight (8) inch.water line along the West line of this tract, terminating at the Southwest i l l be corner, and the furnishing of documents t o i n d i c a t e t h a t the ingress and egress w i l l be maintained by the owners of the property, and the owners advised the Planning and Zoning Commission these requirements would be met. (Item IV, Planning and Zoning Minutes, August 5, 1969.) City Attorney Cribbs informed the Council and the petitioners that a Specific Use Permit is necessary$for the Nursing Home and requires a Public Hearing before the Planning and Zoning Commission. Councilman Douglass made a motion to concur with the recommendation of the Planning and Zoning Commission and approve final plat for 0. L. Pitts Subdivision subject to the installation of an eight (8) inch water line, obtaining documents indicating ingress and egress to be maintained by thecawner5,and acqufsition of a Specific Use Permit. Councilman Wilcox seconded the mofion, and the vote is as fol lows : Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. V. MOBILE HOMES PARK - PIPELINE ROAD EAST OF SOUTH MAIN STREET Consider Final Plat Mayor Krause recognized Mr. VA lte r Elliott and Mr. Doyle Winters, requesting final plat approval of propaerty located on Pipeline Road, East of South Main Street, a location for a mobile homes park. t was pointed out that the size of the lots are more than adequate to comply with the city requirements and t h a t a twenty (20) foot f i r e lane w i l l be dedicated to the City. However, M r . Winters stated t h a t the rest of the street w i l l not be dedicated to the City, and w i I I be maintained by the owner. In answer to a question by Councilman Douglass, City Attorney Cribbs stated that emergency vehicles W611 • • (Pace Si.x, Regular Meeting of the Euless City Council, August 26. 196 would have the right to enter the fire lane. Councilman Douglass inquired if j twenty -six (26) feet instead of twenty (20) could be designated as a fire lane. Mr. Winters stated that he has no objection mf the entire street is dedicated as a f i r e lane. t was pointed out that a portion of the tract i s i n the Fort Worth City limits. Mayor Krause inquired if there is further discussion on this plat. Councilman Copher made the motion to approve the plat for the Mobile Homes Park to the Euless City I i m i t line. Councilman Douglass seconded. the motion, and the vote i s as follows: Ayes: Councilmen Copher, Douglass, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. Requests Concerning Parking, Water Lines, Fencing and Street Pro Rata Mr. Winters presented the following letter, dated August 12, 1969, requesting council consideration of waiving existing ordinances: August 12, 1969 City Council City of Euless, Texas Gent 1 erne n : In your consideration of the final plot plans for a mobile home park on Pipeline Road, please consider waiving existing ordinances to permit the following: (1) Parking in the first 20 feet of the mobile home lot. This would enable us to give two (2) car off - street parking to each mobile home. (2) Permit use of plastic for water lines in the park. (3) Accept letter from' Doyle Winters and Dowin Corporation to pay for pro rata share to improve Whitner Drive when other property develops. r 169 (Page Sever ?.. Regular Meeting of the Euless City Council. August 26. 1969) (4) Requirement for fencing at East boundary line (City limit line) be waived due to owning and platting of mobile home park East of boundary i n the City of Fort Worth. Yours very truly, DOWI N CORPORAT ION By: /s/ Doyle 0. Winters Doyle Winters, President C4: C. J. Griggs Mr. Winters explained that his request, as follows: (1) off - street parking would provide more safety for the children in the park and provide a more adequate fire lane, although it is more costly than street parking; (2) plastic water pipe seems more feasible and will be maintained by the owner of the mobile homes park; (3) the mobile home park occupants w i l l be only ones using Whitenerstreet at this time, it does not seem feasible to pay his pro rata of the street at this time; and (k) the fence would be constructed through the park, since the Euless City I i m i t line ends i n the park site and adjoins the Fort Worth City I i m it line, and he i s the owner of. the property i n Euless and Fort Worth. Mr. Winters stated he w i I I place the fence at the property line rather than the City limit line. City Attorney James Cribbs informed the council that a law prohibits the waiving of an ordinance by the City Council; therefore, the request concerning• parking wi I I have to be submitted to the Zoning Board of Adjustment. Mayor Krause made the following suggestions: (1) refer the request for off street parking to the Zoning Board of Adjustment;. and (2) refer the request for the use of plastic for water lines to the Consulting Engineers. Councilman Copher made the motion, as follows: 170 (Page Eight. Regular Meeting of the Euless City Counci 1, August 26, 1969) (1) refer the request for off street parking to the Zoning Board of Adjustment, (2) refer the use of plastic for water lines to the Consulting Engineer, (3) accept a letter for pro -rata to improve Whitener Drive, and (4) approve the request for fencing the East boundary 1inp. , Councilman Shull seconded the, motion, and the vote i s as follows: Ayes: Councilmen Copher, Shull, Douglass and Wi Icox Nays: None Mayor Krause declared the motion carried, City Attorney Cribbs stated that the decision on the off street parking by the Zoning Board of Adjustment wi I I require no further action by the council -, , , Mr, Ratliff was requested to have a recommendation on the use of plastic pipe at the next regular meeting, September 9, 1969. (Councilman Douglass Peft the Council Chambers at this time.) VI. PLAT APPROVAL, UNITED MEMORIAL CHRISTIAN CHURCH Mayor Krause recognized Mr. Walter Elliott, who introduced the Reverend Michael S. Black, representative for the United Memorial Christian Church. Reverend Black advised the Council that the United Memorial Christian Church requests plat approval of a tract located on the West side of North Main Street, approximately four hundred (400) feet North of Fair Oaks Boulevard. Reverend Black stated that the church congrega- tion is planning the first phase in a long range development program and presently, the congregation meets in the First Presbyterian Church. Councilman Shull made the motion to concur with the recommendation of the Planning and Zoning Commission for plat approval 171 (Page Nine, Regular Meeting of the Euless City Council, August 26, 1969) for the United Memorial Christian Church. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Copher, Shull_ an.d Wilcox Nays: None (Councilman Douglass was absent from the room at the time of the vote.) Mayor Krause declared the motion carried. Reverend Black inquired concerning the easement documents and was advised by Mr. E I I i ott that these documents would be submitted for signatures at a later date. V1 1. PROPOSALS FCR STREET SEAL COATING City Manager Griggs informed the Council that bids were accepted and opened on 'Monday, August 25, 1969, for, Street Seal Coating of designated streets (map of streets on fi le as Council Exhibit). Mr. Griggs stated that one bid was received, in the amount of $6,900.00, which in his opinion, is very acceptable; therefore, he recommends the Council's approval. Councilman Copher inquired if the streets would be patched before the seal coating is applied, and received an affirmative reply from the City Manager. Councilman Wilcox made the motion to concur with the recommendation of the City Manager and accept the street seal coating bid submitted by Dalworth Slurry Seal, in the amount of $6,900.00. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Counci Imen Copher, Wi Icox and Shut 1 Nays: None (Councilman Douglass was absent from the room at the time of the vote.) Mayor Krause declared the motion carried. (Councilman Douglass returned to the Council Chambers at this time.) VIII. RESOLUTION 243, SETTING PUBIrI'C HEARING DATE FCR KEZONING OAK FOREST ADDITION PROPERTIES Councilman Shull made the motion to approve 172 (Pape Ten, Regular Meeting of the Euless City Council, August 26, 196 Rescblution No. 243, setting September 23, 1969, as the date for Public Hearing on request o f M r . B i l l Pasteur, for rezoning the West fifteen (15) feet and the North 20.2 feet of Lot 1, Block 2, Oak Forest Addition from "C -1" Neighborhood Business District to "C -2" Community Business District. (This property is located at the Northwest corner of Harwood Road and North Main Street.) Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. IX. RESOLUTION 244_ SETTING PUBLIC HEARING DATE FCR REZONING A TRACT I N THE 'JOHN GROVES SURVEY_ ABSTRACT 599. FROM "C -2" COMMUNITY BUSINESS DISTRICT TO "I - 1" LIGHT I NDUSTR IAL DISTRICT (PROPERTY LOCATED AT NORTHEAST CORNER OF S. H. 183 AND RAIDER DRIVE) Councilman Shull made a motion to approve Resolution Na 244, setting September 23, 1969, as the date for Public Hearing o request of Mr. Clint D. Starr, representing John P. Hutcheson, et ux, for rezon -I ing a tract situated in the John Groves Survey, Abstract 599 from "C -2" Community Business District to "I -1" Light Industrial District (Zoning Case 194). Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. GENERAL DISCUSSION AND COMMENTS X. SIDEWALKS AT CIVIC CENTER Councilman Copher inquired about sidewalks seheduled t o be b u i l t near the Community Building. City Manager Griggs replied construction should be begun within the next few weeks. 173 (Page Eleven, Regular Meeting of the Euless City Council, August 26, 1969) COUNC I L REQUEST FCR REFERENCE MATERIALS Members of the Council instructed the City Secretary to place a copy of the Zoning Ordinance, Comprehensive Plan and Charter in the- storage drawers of the Council Table for use during council meetings; these reference materials to be marked for "Council use and not to be removed from Council Room." FINAL CLEAN -UP AFTER COMPLETION OF CONTRACT IVa Councilman Shull asked when the City could anticipate a final clean -up and restoration of properties damaged by the contractor for Street and Drainage Contract [Va. The City Manager advised that Mr. Ratliff has informed him the contractor is now in this phase of the project. PIPELINE ROAD CONSTRUCTION Councilman Wilcox inquired of the City Manager as to the progress with the City of Bedford for reconstruction of Pipel ine Road. Mr. Griggs advised that he has talked with the Bedford City Manager several times and has been advised that no formal action has been taken by the Bedford City Council. After discussion, Members of the City Council were agreed that City Manager Griggs should bontact the Bedford City Manager to arrange a meeting of Members of the Euless City Council and the Bedford City Council, for an informal discussion of Pipeline Road reconstruc- tion. CRIPPLE CREEK ADDITION Councilman Douglass referred to Item IV of Council Minutes dated July 22, 1969, and inquired if the requirements in the motion have been complied with. City Manager Griggs stated that these re= quirements have nbt been met at this time, pending the report from the City's Consulting Engineers. Councilman Douglass stated that the Council should be advised when these requirements have been met. 174 (Page Twelve, Regular Meeting of the Euless City Council, August 26, 1969) HURST- EULESS- BEDFORD COMMUNITY HOSPITAL Councilman Copher stated that he would like to remind all of those present of the Hurst- Euless- Bedford Hospital Program and urged the support of all citizens in this most important project. XI. ADJOURN ME NT Councilman Wilcox moved to adjourn the meeting at 10 :15 P. M. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Wilcox and Shull Nays: None Mayor Krause declared the motion carried. ATTEST: City Secretary 6 APPROVED- Mayor