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HomeMy WebLinkAbout1971-04-1337 Regular Meeting Euless City Council April 13, 1971 CALL TO ORDER The regular meeting of the Euless City Council was called to order at $:05 P.M. in the Council Chambers of the Euless City Hall;, with Mayor A. C. Krause presiding. Councilmen present were Messrs. Frank Douglass, Dan Shull, Dwayne Wilcox, Harold Copher and Don Warren. Also present were City Manager C. J. Griggs, City Attorney James Cribbs, Consulting Engineer W i I I iam R. Ratliff, City Secretary Vada Ferris and Joh Bay4k, Public Works Director. V ISITORS Visitors in attendance are listed as follows: Messrs. D. E. 'Mays, John N. Cooper, Terry Hassman, Max Sturdivant, Richard Hodges, Herman Wallace, Grant Mabe, George Barrowcl iff, Rex Easterling., Charles Baldwin, Robert Power, Eugene B. Robertson, A. R. Meine, Ed Sizemore, and Mike Allen; Mesdms. Patricia A. Krause, Sandra Mabe, Andrea Barrowcliff, and Betty Potthoff, representing the Mid - Cities Daily News. I N \10rIAT IOKI The invocation was presented by City Engineev W. R. Ratliff. APPROVAL OF MINUTES Minutes of the regular meeting dated March 23, 1971, were approved as written. RECOGNITION OF I R V I N G MAYOR ROBERT POWER Mayor Krause recognized Mr. Robert Power, Mayor of the City of Irv'ing' and' welcomed Mr. Power' to the Eule'ss City Council meeting. OATHS OF OFFICE City Attorney James Cribbs administered the Oaths of Office to incumbents who were re- elected in the Regular City .x election held April 10, 1971, as follows: Mr, A. C. Krause, Mayor Mr. Harold L. Copher, Councilman, Place Two Mr. J. Dwayne Wilcox, Councilman, Place Four Ful • (Page Two, Minutes of Regular Meeting, Ebless City Council, April 13, 1971) Copy of signed oaths are on f i le in the Office of the City Secretary. i ORDINANCE No. 397, SECOND AND FINAL READING CHANGING ZONING DISTRICT FROM "R -1" TO PLANNED DEVELOPMENT ON APPROXIMATELY 82 ACRES LOCATED EAST CF NORTH'MAI N STREET AT M I DWAY DRIVE .- KENNETH E_ GOOD AND ASSOCIATES (ZONING CASE NO. 190 - FIRST READING OF ORDINANCE, JANUARY 13, 1970) Mayor Krause recognized Mr. Robert Power, representing Kenneth E. Good and Associates requesting second and fi n a I reading of the Ordinance in Zoning Case No. 190. Councilman Shull made a motion to approve second and fi n a I reading of Ordinance No. 397, with the fi n a I form to be approved by City Attorney James Cribbs. Councilman Wilcox seconded the motion and the vote is as follows: Ayes: Councilmen Shull, Wilcox, Douglass, Copher Nays: None Mayor Krause declared the motion carried. Mr. Power .expressed appreciation to the Council for their consideration in this case. FIRST READING - ZONING CASE NO. 209 REQUEST CF MR. KEN GOOD AND ASSOCIATES FOR CHANGE FROM "R -.t" SINGLE FAMILY DWELLING DISTRICT TO "R -2" TWO-FAMILY DWELLING DISTRICT, "PD" PLANNED DEVELOPMENT DISTRICT, 1111-4" MULTIPLE FAMILY DWELLING DISTRICT AND "C -2" COMMUNITY BUSINESS DISTRICT. PROPERTY LOCATED ON THE EAST SIDE CF F. M. 157, NORTH CF GREEN HILLS PARK ADDITION AND ASH LANE EXTENDED (PUBLIC HEARING HELD MARCH 23, 1971). Mayor Krause recognized Mr. Mike Allen, representing Kenneth Good and Associates in this Zoning Case. Councilman Wilcox stated that he would recommend the Architect plan a beautiful area near the lake and the area north of the lake be an attractive residenteal section of the project. 39 (Page Three, Minutes of Regular Meeting, Euless City Council, April 13, 1971) Councilman Douglass stated that Mr. A l l e n has stated t h a t the streets in the Planned Development w i l l be maintained by tKe Developer, but, perhaps, an agreement should be made for the street maintenance if the property should be sold and converted to a condominium type development. I t was pointed oult that the case would have to be .re- submitted and considered by the Council, if Mr. Al len decided to sell a sport i on or make any changes. Mr. Allen stated that a property owners' association would assume the responsibility of the street mai.ntenance. Councilman Shull made a motion to approve first reading of the Ordinance rezoning property in Zoning Case No. 209. Councilman Copher seconded the motion and the vote is as follows: Ayes: Councilmen Shull, Copher, Douglass, and Wilcox Nays: None Mayor Krause declared the motion- carried. IV. BUILDING PERMIT AND CERTIFICATE CF OCCUPANCY FOR A METAL BUILDING TO BE LOCATED ON NORTH= WEST CORNER CF PIPELINE ROAD AND SIMMONS (OAKWOOD TERRACE BAPTIST CHURCH) Mayor Krause recognized Mr. Rex Easterling, Pastor of Oakwood Terrace Baptist Church, who sta -ted the congregation has outgrown their present facility and request approval to use metal buildings until an additional building can be constructed. Councilman Douglass made a motion to approve the request and grant a Certificate of Occupancy for eighteen (18) months. Councilman Copher seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, and Wilcox Nays; None Mayor Krause declared the motion carried. 40 _4 (Page Four, Minutes of Regular Meeting, Euless City Council„ April 13, 1971) BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY FOR A METAL BUILDING TO BE LOCATED AT 106 NORTH MAIN STREET (FIRST UNITED METHODIST CHURCH OF EULESS) Mayor Krause recognized Mr. Eugene Robertson, Pastor of the First United Methodist Church of Euless, who stated the congregation has outgrown t h e i r present f a c i I t i y and request approval to use metal buildings until an additional building can be constructed. Councilman Douglass made a motion to approve the request and grant a Certificate of Occupancy for eighteen (18) months. Councilman Wilcox seconded the motion and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, and Wilcox Nays: None Mayor Krause declared the motion carried. VI. CONSIDER GARBAGE DISPOSAL ORDINANCE Mayor Krause requested Councilman Wilcox explain the proposed Ordinance. Councilman Wilcox stated a citizens committee has worked for several months on this paoposed Ordinance and he made the following comments: The proposed ordinance requires curbside residentehal pickup. In the past, residences were not required to take the service, and as a result garbage was scattered all over the streets and vacant property. The proposed ordinance make discretionary the use of plastic bags, where the existing ordinance did not allow for their use. The proposed ordinance allows commercial accounts to haul their own garbage upon proper! qualification. This does not prohibit a private citizen from an occasional trash haul. A sinking fund in the amount required by the City Council w i l l be required to insure faithful performance of the hauler. (Page Five, Minutes of Regular Meeting, Euless City Council, April 13, 1971) Mayor Krause recognized Mr. Herman Wallace, a member of the committee who worked on the proposed Ordinance. Mr. Wallace stated that Mrs. Eberhardt, Chairman, was unable to attend the Council meeting. However, he is present to advise the Councit the Committee recommends approval of this Ordinance. Mayor Krause stated he recommends the citizens have the opportunity to indicate their opinion onnthe use of plastic bags. Also, he would like the opportunity to study the proposed Ordinnance. Councilman Shull stated he did not want to delay Council action for several months. (Councilman Warren arrived at 8:30 P. M.) Councilman Douglass commented on the Ordinance, stating that citizens are required to have lids on the garbage cans, but the Ordinance does not require the hauler to place the lids on the cans after picking up the garbage - that garbage lids are thrown on the ground. Councilman Warren inquired who w i I I pick up the trash if plastic bags are broken open - that he has used several different ones and been unsuccessful in finding one that will not easily break open. Mayor Krause stated that an intensive study of plastic bags has been made in an effort to find a sturdy one. Members of the Council agreed the Mayor should sand a Newsletter to the citizens concerning the use of plastic bags or garbage cans - and advise that an open discussion on the proposed Ordinance w i I I be held at the next Council meeting, April 27: 1971. ©Q ORDINANCE NO. 398 - FIRST AND FINAL READING, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF EULESS AND THE TEXAS HIGHWAY DEPARTMENT FOR SIGNALIZATION AT THE INTERSECTION OF SPUR 350 AND NORTH MAIN STREET City Manager Griggs stated that, in the past, the State has installed and maintained traffic signals. However, this Ordinance and agreement provides for the approval of the installation by the State of the fully- actuated traffic signal and the maintenance w i I I be assumed by the City. s Councilman Douglass made a motion to suspend the rule requiring two readings of an Ordinance and Ordinance No. 398 be approved on f i r s t and f i n a l reading. Councilman Warren seconded the motion and the vote is as follows: 41 42 i (Page Six, Minutes of Regular Meeting, Euless City Council, April 13, 1971) Ayes: Councilmen Douglass, Warren, Shull, Wilcox, and Copher Nays: None Mayor Krause declared the motion carried. Wl� CONSIDER TRAFFIC SIGNAL MAINTENANCE AGREEMENT NO. 2 City Manager Griggs presented copies of a letter and a traffic signal maintenance agreement No. 2 relating to Texas Highway Department policy of installation, operation and maintenance of Highway Traff6c Signals in cities of over 15,000 population. The Council members agreed the City Manager should discuss this item with Mr. Crook, District Engineer, Texas Highway Department, before action is taken by the Council. IX. ORDINANCE NO. 399 - SECOND AND FINAL READING AMENDING ORDINANCE NO. 149. ESTABLISHING MANDATORY TRUCK ROUTES IN THE CITY CF EULESS Councilman Shull* requested the City Engineer present his report on the condition of South Main Street. Mr. Ratliff commented as follows: (1) South Main Street is already damaged by the heavy wheel load (2) he is amazed at the heavy truck traffic which he observed during his examination of the street, (3) that, he does not think it will be twelve (12) months before South Main Street w 11 be damaged as badly as North Main Street, if the heavy truck traffic continues. Councilman Shull made a motion to approve Ordinance No. 399, amending Section 1 1, Ordinance No. 149 as f I lows: The following streets, highways and thoroughfares in the corporate limits of the City of Euless, Tarrant,County, Texas, shall be mandatory truck routes: State Highway No. 183 FM Highway No. 157 s (Page Seven, Minutes of Regular Meeting, Euless City Council, April 113, 1971) State Highway Spur 350 Harwood Road Main Street, from Spur 350 to S. H. 183 (Temporary, only to bd used until Spur 350 is open to traffic.) Councilman Douglass seconded the motion and the vote i s as follows: Ayes: Councilmen Shul1, Douglass, Copher, and Wi1cox Nays: Councilman Warren Mayor Krause declared the motion carried. BIDS FCR MANPROOF SITE FENCING Mayor Krause recognized Mr. B i I I Ratliff, who stated bids were opened at the City Hall on April 8, 1971, for fencing at the following locations: 1. MENASCO SITE : All site preparation, fencing, and double 8 ft. gates, complete in place II. NORTH MAIN SITE: All site preparation, fencing, and 2 double 8 ft. gates, complete in place III. EAST PIPELINE BITE: All site preparation, fencing and single 8 ft. gate, complete in place IV. WEST PIPELINE SITE: All site preparation, fencing and single 8 ft. gate and electrisal access half gate, complete in place Mr. Ratliff stated that bids were tabulated as follows: Cos Industries Inc., Dallas, Texas - $5,069.00 - 60 calendar days United State Steel Corp., Cyclone Fence - Fort Worth, Texas - $5,085.00 - 21 calendar days Mr. Ratliff recommended the contract be awarded to United States Steel Corp. - Cyclone Fence, in the amount of $5,085.00 on the basis of their shorter working time bid of 21 calendar days. Councilman Warren made a motion to concur with recommendation of the City Engineer. 43 44 (Page Eight, Minutes of Regular Meeting, Euless City Council, April 13, 1971) Councilman Douglass seconded the motion I and the vote i s as follows: I Ayes: Councilmen Warren, Douglass, Copher, Wilcox, and Shull Nays: None Mayor Krause declared the motion carried. (Copy of bid tabulation and Engineer's letter of recommendation on f i I e as Council exhibit in Office of the City Secretary.) Xt. R I.GHTr -OF -WAY AND EASEMENT ACQUISITION ON NORTH MAIN STREET NEAR LITTLE BEAR CREEK City Attorney Cribbs stated he has attempted to obtain the right -of -way and easement on North Main Street near Little Bear Creek for the purpose of expending a water line to the City's new well. Councilman Shull made a motiort to authorize the City Attorney to proceed with condemnation for the property needed, if the City's offer is not accepted by the Owner. Councilman Warren seconded the motion and the vote i s as follows: Ayes: Councilmen Shul 1 , Warren, .Copher, Doug] ass, and Wi Icox Nays: None Mayor Krause declared the motion .carried. XI I. RESOLUTION NO. 274: SUPPORT OF HOUSE BILL NO. 1099, RELATING TO THE TAXATION OF LEASEHOLD INTEREST ON PUBLICLY HELD PROPERTY City Attorney Cribbs briefed the Council on Resolution No. 274 which would give the City of Euless the right to tax businesses at the Regional Airport. .Counc i Iman Warren made a :root ion t o approve the Resolution endorsing House Bill No. 1099. Councilman Wilcox seconded the motion and the vote i s as follows: Ayes: Councilmen Warren, Wilcox, Douglass, Shull, and Copher Nays: None Mayor Krause declared the motion carried. XIII. CLEAN UP - PAINT UP - FIX UP WEEK Mayor Krause appointed Councilman Harold Copher to serve as Chairman of Clean up -Paint up -Fix up Week, April 26 through May', 1 . XIV. SCHEDULE MEETING TO CONSIDER COMMISSION AND COMMITTEE APPOINTMENTS Councilman Douglass requested a Council work session to consider appointments to the City Commissions and Committees. I t was agreed an early meet0ng would be held on April 27, just prior to the regular meeting. The City Secretary was instructed to send attendance reports and a I i s t of the Committees and Commissions to each member of the Council with next agenda. XV . MAYOR'S DIRECTIVE TO- CITY ATTORNEY CONCERNING POSSIBLE TAXATION BY CITY OF DALLAS Referreing to the statement accredited to officials of the City of Dallas regarding possible legislation which would a) low the City of Dal las to levy a tax on salary and wages of persons working in Dallas but living outside the Dallas city limits,. Mayor Krause directed the City Attorney to follow this very closely, and if legislation does appear immenent, to be prepared to recommend to the City Council any measure open to the City of Euless to derive revenue from persona_. or firms coming out of Dallas into the City of Euless. XVI. ECOLOGY MEASURES - MR. MIKE STURDIVANT 15 Mayor Krause recognized Mr. Mike Sturdivant, who stated he represents a group who requests the City Council's considera- t,con of several ecology measures. He introduced Mr. Richard Hodges, who asked the Council assist in the following: (1) Organization of a voluntary ecology group, sponsored by the City of Euless; (2) Provide a site to store items collected until transported to recycling plants; 46 (Page Ten, Minutes of Regular Meeitnq, Euless City Council, April 13, 1971) (3) Provide transportation to recycling plants for items col 1 ected; (4) Permit from the City allowing the group to collect these materials in the City of Euless; (5) Finance a trip to the State Legislature for Ecology group to request a recycling plant be located in Euless. Mr. Hodges commented that there is pollution in Little Bear Creek -- that he saw raw sewage running into the creek. Mr. Sturdibant commented, as follows: (1) Request the Council prohibit the sale of bio- degradable detergents in the City of Euless; (2) Help make State pollution laws more effective; (3) Improve the City's water (lakes, creeks, streams); stop pollution of City water; (4) Hurricane Creek is polluted; (5) City sewage problems should be eliminated. Mayor Krause instructed the City Manager to investigate the complaint that raw sewage is running into Little Bear Creek. He expressed apprec i at:J,on to Mr. Hodges and Mr. Sturdivant for their concern and advised they will be contacted by the City. A n w ion m nrn rr adjourned at 9:30 P. M. ATTEST: City Secretary XVI I. Mayor Krause announced the meeting APPROVED: Mayor.