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HomeMy WebLinkAbout1978-04-11Regular Meeting Euless City Council April 11, 1978 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 Harold Samuels. Other members present were Messrs. Raymond Ozebek, Charles Hunt, Glenn Walker, and Robert Pippin. (Absent was Mrs. Willie Mae McCormick.) Also present were City Secretary Della , Houy, City Attorney Bob McFarland, City Engineer Greg Dickens, and Assistant City Manager John Lynch, IV. VISITORS Visitors in attendence were Messrs. Charles Turner, Michael P. Clinton, Michael Martin, Harold Copher, Don Calhoun, Alan Harem, Jim Killion, and Jay H. Theder; Mesdms. Myrtle Hall, Raymond Ozebek, Virginia Copher, Peggy Millender, Fran Powers, Zella Stierwalt, Jolly Jean Rawlings, and Tary Ann Thompson. INVOCAT ION The invocation was given by Mayor Harold Samuels . APPROVAL OF MINUTES The minutes of the regular meeting dated March 28, t978, and the called meeting dated April 1, 1978, were approved as written. OATH OF OFFICE City Attorney Bob McFarland administered the Oath of Office to Councilman Robert Pippin, Place One, Councilman Glenn Walker, Place Three, and Councilman Raymond Ozebek, Place Five, and they were officially seated to their Council Places. / 4 (Page Two, Regular Meeting, Euless City Council, April 11, 1978) II. CONSIDER PRELIMINARY PLAT - PARKWOOD ADDITION - REQUEST OF RICHLAND ENTERPRISES Mayor Samuels recognized Mr. Alan Harm representing Richland Enterprises. Mr. Harm stated that although they are presenting the preliminary plat, they are not the sole owners of the property. He stated a group of doctors own the property to the west of Westpark Way and E Systems owns the balance of the property. Mr. Harm stated he met with Mr. Rick Barnes, Director of Planning and Devlopment, and Mr. Barnes suggested that they bring the original plat for presentation to the Council. He stated the original plat indicates Kynette Drive as a through street. He stated Kynette Drive was rerouted to keep from making a thoroughfare out of it Mr. Harm stated he concurs with the City Staff's recommendation. Mayor Samuels inquired if they have met with the Street Naming Committee on the streets in the development? Mr. Harm stated that the plat he presented tonight is not a finished plat, but they will complete the plat with the names of the streets, as requested by the Council. Mr. Walker inquired the difference in the number of lots in the plat that was presented to the Planning and Zoning Commission and the plat presented to the Council? Mr. I-mii stated there is one more lot on the plat presented to -the Council. Mayor Samuels inquired if the developers have considered bringing Toplea Drive through to Live Oak Drive? Mr. Harm stated that if Toplea Drive is extended to Live Oak Drive, they would lose several lots by aligning the street. Mr. Hunt moved to approve the preliminary plat of Parkwood Addition, as revised according to the recommendations of the City Council on March 28, 1978, that being that Kynette Drive be extended, the developer meeting with the Street Naming Committee on the naming of the streets in the subdivision, and with Concurrence with the City staff's letter. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Walker, Pippin, and Ozebek Nays: None Mayor Samuels declared the motion carried. (Page Three, Regular Meeting, Euless City Council, April 11, 1978) CONSIDER ORDINANCE NO. 542 REGARDING SPEED ZONE IN EULESS Mr. McFarland stated that this ordinance does not effect any changes in existing speed zones, but brings some changes in the description of the measurements into conformity, as recommended by the Texas Highway Department. Mr. Ozebek moved to suspend the requirement for two separate ordinances readings and approve Ordinance No. 542 on an emergency basis for first and final reading. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Ozebek, Pippin, Hunt, and Walker Nays: None Mayor Samuels declared the motion carried. IV. CONSIDER RESOLUTION NO . 430 CALLING _A PU3110 HEARING ON ZONING CASE NO. 268 - REQUEST OF MICHAEL ALLEN MR CHANGE CF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT, "C -2" COMMUNITY BUSINESS DISTRICT, AND "L -1" LIMITED INDUSTRIAL DISTRICT ON TRACT 3A3, S. HU ITT SURVEY, ABSTRACT 705 Mr. Pippin moved to approve Resolution No. 430 calling a public hearing on May 9, 1978, in Zoning Case No. 268, for change of zoning from "R -1" Single Family Dwelling District to "C -l' Neighborhood Business District, "C -2" Community Business District, and "L -1" Limited Industrial District on Tract 3A3, S. Huitt, Abstract 705. Mr.. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Hunt, Walker, and Ozebek Nays: None Mayot- Samuels declared the motion carried. iPage Four, Regular Meeting, Euless City Council, April 11, 1978) CITY ENGINEER'S REPORT V. North Main Street Improvements Mr. Greg Dickens stated that he has been in contact with the telephone company regarding the cable on North Main Street, between Harwood Road and Trailwood Drive, and they said that they are to finalize the contract on April 24, 1978. He stated they have every- thing in but do not have the cable spliced and connected together. Mr. Dickens stated they issued a work order to Texas Bitulithic Company on April 3, 1978. I-b stated Texas Bitulithic has not set up on the job yet, and they were supposed to begin Monday but when he contacted them, the contractor stated that they were delayed one day due to the rain. He stated they are going to start on the box culvert and the excavation work on Harwood Road at the same time. Mr. Pippin inquired if the telephone company will be completed on 'April 24th? Mr. Dickens stated that Mr. Flowers has talked with the telephone company and that is the date they said they would be Completed. VI . TRANSPORTATION POLICY COMMITTEE Mr. Hunt stated that the North Central Texas Council of Governments Transportation Policy Committee was disbanded today, but he inquired since he and Mr. Walker were members of the committee, could they continue t o be on the m a i l i n g l i s t to be notified of meetings and if they would be welcome to attend any future meetings. Mr. Hunt stated that the policy committee was disbanded as such and has been organized under a new name. I-b stated they w i l l be kept informed of any meetings and are encouraged to attend the meetings. Mayor Samuels inquired if the committee that Mr. Barnes was appointed to is involved with this committee? Mr . Hunt stated not to his knowledge, that this committee is for cities of 40,000 or more population. USED CARS VII. Mr. Pippin inquired if the City has any (Page Five, Regular Meeting, Euless City Council, April 11, 1978) more information on the used cars being sold from parking lots in the City. M r . Lynch stated the City w i l l have to amend the Zoning Ordinance in regard to their definitions of a used car lot in order to eliminate that situation. VIII. PERSONNEL MATTER DISCUSSION Mr. Jay Theder stated that in 1973, under the recommendation made by the Park and Recreation Board to the City Council, the City hired Mr. Frank Lindsey as a full time Park and Recreation Director. He stated Mr. Lindsey has worked full time for the City since that time and the Park Board at no time has offered any objection to his work or his proficiency and they have never requested that he be dismissed. How- ever, without prior consultation with any member of the Park Board, Mr. Lindsey was dismissed from his job as Director of the Park and Recreation Department. Mr. Theder stated that Mr. Lindsey informed him that he was given no reason for his firing, and he believes the City staff owes the Park Board some explanation on why Mr. Lindsey was fired, and why they were not consulted. Mayor Samuels stated that Mr. Sustaire is the City Manager, and by Charter is authorized to make the decision, but Mr. Sustaire is out of town at this time. Mr. McFarland stated that the Charter provides for a Council- Manager form of government, which i s that a I I employees of the City are employed at the pleasure and direction of the City Manager. Mr. McFarland stated that the City Manager shall have exclusive and sole authority with respect to the employment of personnel and the removal of personnel. Mr. McFarland read Article V, Section 4, of the City Charter as follows: "Neither the Counci 1 nor any 'of its members shall direct or request the appointment of any person to or his subordinates. However, the Council may consult and advise the City Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the Council and its members shall deal solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either privately or publicly. Willful violation of the foregoing provisions of this Charter by any member of the Council shall constitute official misconduct and shall authorize the Council, by a vote of a majority of its membership, to expel such offending member from the Council if found guilty after a public hearing, and thereby create a vacancy in the place held by such member." (Page Six, Regular Meeting, Euless City Council, April 11, 1978) Mr. McFarland stated that the Council has no authority to reinstate Mr. Lindsey and to direct the City Manager to do so would constitute a violation of their oath of office. Mr. Theder stated he is aware of the procedure, but what he requests if that the Council and the Park and Recreation Board be advised and given the opportunity to object or be shown some reasons why Mr. Lindsey should have not been dismissed. Mayor Samuels stated the Council would l i k e f o r M r . Sustaire t o give them h i s reasons and he w i l l be back on April 19th, and the Council has scheduled a meeting on April 22nd. Mr. Hunt stated he agrees with what Mr. Theder said and he feels very disturbed and very uninformed since he found out about it only this afternoon. He stated he is very concerned and heartsick about the way it was handled and Blackie, he assumes by his assistant's words, assumes full responsibility for this action, but he is not here to tell the Council about it himself, and that disturbs him considerably, and he wants to be on record as being very much upset about the way the t h i n g was handled and w i l l be looking and w i l l be asking a l o t more questions and w i l l be expressing his opinion on this whole matter when Blackie gets back and he can sit down with him and see what Blackie was thinking when he did such a thing as he did. He stated the City has had excellent cooperation from Mr. Lindsey, has excellent parks, excellent recreation facilities, and the reason why we have them is Frank Lindsey, and now we've canned him. Mr. Lynch stated that this was an administrative decision based on management level problems and not a problem of Coordination between the Park. Board and Mr. Lindsey. Mr. Lynch stated he doesn't know if M r . Lindsey would want a l l of the reasons for his termination to be placed in public record at this time, but he would say M r . Lindsey was given a f u l l l i s t of reasons why he was dismissed and he either didn't hear them or didn't understand, but he was given reasons for his dismissal, and without consulting with Mr,. Lindsey, he wouldn't want to make them public at this time. Mr. Copher stated that the country has to have rules to live by, but you have to have moral obligations to the people. He stated the City started out with nothing in regard to parks, and Mr. Lindsey was operating on a part -time basis as director when he was principal of a junior high school, and as the parks evolved and as the City got more money, Mr. Lindsey put in more time and about four or five years ago Mr. Lindsey made the decision that if the Park and Recreation Director was available full time, he would forego his career as a school principal and take the position of Park and Recreation Director. Mr. Copher stated that Mr. Lindsey did forego his career and became an employee of the City, and he has done a good job. He stated he visited with Mr. Lindsey this afternoon and Mr,. Lindsey stated that the reasons he was given for dismissal was because some of the Council members would I i ke to see him (Page Seven, Regular Meeting, Euless City Council, April 11, 1978) out of that job and also because of his health. He stated that now Mr. Lindsey practically has no money, and because possible someone does not like him, and possible because he does. have a health problem, he is dismissed. Mr. Copher stated that if Mr.Lindsey is not capable of operating the Park and Recreation Department, why can't the City give him a lesser job, something that he can handle; a man with this intelligence and background can handle something the City has to offer, at some price. He stated he w i l l have a financial problem, and does have a health problem, and the City does have r u l e s and regulations, but he hopes the Council w i l l give i:t some consideration. Mayor Samuels stated they will have a report from Mr. Sustaire and it may or may not be made public, as they wi l l respect Mr. Lindsey's feelings and he does not know what the legal rami- fications would be but he would assume any statement made would have to be made with permission from the parties involved. Mr. McFarland stated that he would recommend that whether or not any disclosure of any specific reasons for Mr. Lindsey's termination would rest with the City Manager's office and he would counsel, as attorney for the City, that no information relative to the release be made available as to the specific grounds without consent from Mr. Lindsey in writing. IX. ZONING BOARD OF ADJUSTMENT Mr. Don Calhoun, 607 Cypress Circle, stated that on October 12, 1976, he was appointed as an alternate member of the Zoning Board of Adjustment and he has tried to attend all the meetings that he has been asked to attend. He stated he received a letter on January 17, 1978, stating that he was no longer serving on the Zoning Board of Adjustment, since he has been appointed to the Park and Recreation Board. He stated he served on the Park Board for several months before this letter was received and it seems funny to him that he was sent the letter after he voted "no" at a Board of Adjustment meeting. Mayor Samuels stated Mr. Bob Eden was sent the same letter and he voted "yes" on the case, but because he was a member of Planning and Zoning Commission, the Council didn't feel that he should serve on the two boards. Mayor Samuels inquired if Mr. Calhoun would like to continue to serve on the Zoning Board of Adjustment? Mr. Calhoun stated yes. Mr. Ozebek stated the Council discussed whether a person should serve on two boards at the same time. Mr. Pippin stated he requested the (Page Eight,_ Regular Meeting, Euless City Council April 11, 1978) ruling from the City Attorney on whether it is legal for a member of the Planning and Zoning Commission to have a second opportunity to approve or disapprove something that he has heard once as a member of the Zoning Board of Adjustments and it was the Council's decision that it was unwise to have this type of situation existing. He stated that it was the Council's direction that this policy be enacted. Mr. Calhoun stated he would love to serve the City any way he can and he would like to be reappointed to the Zoning Board of Adjustment. Mayor Samuels stated the Council w i l l make appointments on April 25th and he will consider this as Mr. Calhoun's application for appointment. Mr. Pippin stated he believes the Council should have the policy of not allowing a board member of two different boards to have the right of approval pn the same case on two different occasions. X. ADJOURIAV1ENT There being no further business, the meeting adjourned at 9.05 p.m. APPROVED: /s/ Harold D. Sarnuels Mayor ATTEST: Is/ Della Houy City Secretary