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HomeMy WebLinkAbout1973-11-13Regfar Meeting Euless City Council November 13, 1973 CALL TO ORDER 203 The regular meeting of the Euless City Council was called to order at 8:00 P. M. in the Council Chambers of Euless City Hall by Mayor Pro Tem Harold Copher. Members present were Mrs. Willie Mae McCormick, Messrs. B i l l Dunn, Darrel Benson, and Harold Samuels. (Absent was Mayor A. C. Krause.) Also present were City Manager C. J. Griggs, City Secretary Vada Ferris, Chief of Police W. M. Sustaire, City Attorney James Cribbs and City Engineer B i l l Ratliff. VISITORS Visitors present were: Messrs. Mike Kneifl, W. J. "Doc" Hyde, Frank Douglass, Alton Ray, Ted Brown, Col. Don Perkins, William G. Fuller, Mark Gordon, John Hendrick, Harlly Wyrth, Marvin Cerro] , • George T. Brown, Bob Eden, Bob Jones, Joe W. Dunham, B. J. Taylor, Roy Jester, Hugh Waite, Lester Holcomb, David Bush, Charles Page, Carl Holcomb, and Don Armstrong; Mesdms. Joan Davids, Barbara Derhart, Barbara Coll ier, Beth Hickfang, Ruch M i I I i ca n Neldean Brown, Frank Douglass, Wanda Waite, Vera Hargiss , and Geneva Armstrong. INVOCATION The invocation was presented .by Mrs. Willie Mae McCormick. APPROVAL CF MINUTES The minutes of the regular meeting dated October 23, 1973 were approved as written. OAKW.00Dt,TERRACE PLAYGROUND EQUIPMENT INSTALLATION Mayor Pro Tem Copher stated that at the Council meeting on October 23, 1973, the Council approved the purchase of playground equipment for the Oakwood Terrace Elementary School in the amount of $4,416.00. He advised the Council the Park and Recreation Board also requested approval of blacktopping and installation cost in the amount of $3,084.00. Mr. Dunn moved to concur with the recom- mendation of the Park and Recreation Board and approve $3,084.00 additional expenses for the blacktopping and installation costs at the Oakwood Terrace Elementary School. Mr. Samuels seconded the motion and the vote is as follows: 204 (Page Two, Regular Meeting Euless City Council, November 13, 1973) Ayes : Messrs. Dunn, Samuels, Benson, Copher, and Mrs. McCormick Nays: None Mayor Pro Tem Copher declared the motion carried. MRS.. HUGH M. WAITE PRESENTS STATEMENT REGARDING POLICE ACTIVITY IN THE CITY CF EULESS Mayor Pro Tem Copher recognized Mrs. Hugh M. Waite. Mrs. Waite stated that she is speaking for herself and that t h e statement t h a t she w i l l read was prepared by her. She read a statement generally outlined as follows: she commended the Chief of Police and the Police Department for their services to the citizens and the City of Euless but she could :not condon the manner in which the police investigation was handled at the Triangle Club. She advised the Council she. has heard from several people about the raid at the club -- some persons stating that guns were held to their backs and women were forced to strip in front of other persons present and the officers did not publicly identify themselves as officers. She stated that police officers came in with their guns drawn and after two hours of harrassment and indignation to the patrons and employees of the club, three drunks were arrested. She stated that she did not under- stand why it required thirteen (13) police officers to arrest three drunks and that in her opinion that the Euless Police Department did not need the assistance of outside police personnel for this type job. She stated that she wants the Chief of Police of Euless to be present on all raids of th is nature in the City of Euless and see that this type thing did not happen again. She asked the following questions: Is there a State law to permit Police Department personnel from other cities to conduct police business outside their own city? Wio is in control of an operation of this type? Is cooperation of this type mandatory or optional? The City Attorney commented that Mrs. Waite was not present at the time of the raid and therefore her information is secondhand; that it is generally known that any two people see the same thing in a different way, and report it differently. He advised that the City Council was briefed by Chief Sustaire on the raid at the Triangle Club, but the Council appreciates Mrs. Waite's remarks about the Chief and the Euless Pol ice Department. He commented that the Euless Police Department is known for its careful law enforcement and fa.i rness. He commented that reports tended to be distorted when they are passed from one person to another. He advised that this raid was planned very carefully and did not occur spontaneously. He proceeded to answer Mrs. Waite's questions stating, "no, it is not. mandatory for the City of Euless to work with the .City of Fort Worth.•arid Dallas Police Department's but it is by choice that the City of Euless cooperates with the other cities." He stated that the Euless Police Department invited police personnel from Dallas and Fort Worth to come into this area. (Page Three, Regular Meeting Euless City Council, November 13, L973) Mr. Copher requested Chief Sustaire to explain the organization of the Metro Squad and its function in this area. Chief Sustaire stated that about three years ago the Legislature agreed to allow each city to join with other cities in crossing county lines to assist other cities and that this was authorized because of the possibility of riots. He stated that the City of Euless by Resolution, made a reciprocal agreement with the area cities. He stated that the Metro concept permits each County to apply for and use Federal funds for Metro work. He stated that the City of Euless is a part of the Metro Concept at this time and has one police officer assigned to work on the Metro Squad and that he hopes to continue this practice. He stated that on this particular raid, there was an Assistant District Attorney from Tarrant County, Police Personnel from the cities of Dallas and Fort Worth and officers from the Euless Police Department, a total of thirteen (13) police personnel participating. He stated that he was in his office with an officer of the Metro Squad during the time of the raid. He stated that he apologizes for any inconvenience to anyone innocently involved in the raid, but he was carrying out the duties of his office and will do the same thing again when the occasion arises. Mayor Pro Tem Copher stated that this incident was on the gront page of the Fort Worth Star Telegram and that in his opinion the citizens need to be aware of the Euless Police Department's participation in this raid and that until he can know definitely that the Police Department acted in error, he endorses their work and stands behind the Police Department 100%. SETTING PUBLIC HEARING FOR TEXAS POWER & LIGHT COMPANY RATE ADJUSTMENT Mayor Pro Tem Copher recognized Mr. Mark Gordon, representing Mr. Charles Page of Texas Power & Light Company. Mr. Gordon stated that Texas Power & Light Company requests the Council schedule a Public Hearing to consider a rate increase. Mr. Samuels moved to schedule the Public Hearing for the Texas Power & Light Company rate increase on November 27, 1973. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Samuels, Mrs. McCormick, Messrs. Dunn, Benson, and Copher Nays: None carried. Mayor Pro Tem Copher declared the motion 206 (Page Four, Regular Meeting Euless City Council, November 13, 1973) IV. EULESS BASEBALL ASSOCIATION: REQUESTS RELIEF FRJ\ll OBLIGATION FCR COST CF STORAGE BUILDING AT MIDWAY PARK The Council did not take action on this matter as the representative of the Baseball Association was not present. V. ORDINANCE NO. 462: AMENDING ORDINANCE NO. 451 RESIDENCE REQUIREMENT - COUNCIL CF SOCIAL CONCERNS Mr. Dunn stated that Ordinance No. 451 stipulates that members of the Council of Social Concerns must be residents of the City of Euless and he is requesting the Council consider a change of the residence requirement. Mr. Samuels commented that perhaps the Council should consider changing the ordinance to indicate a simple majority of the membership of the Council of Social Concerns should be Euless residents which would allow residents of other area cities to participate. Mrs. McCormick moved to approve Ordinance No. 462 amending Ordinance No. 451 to change the residency requirement and require a simple majority of the membership to be residents of Euless. Mr. Benson seconded the motion and the vote i s as follows: Ayes: Mrs. McCormick; Messrs. Benson, Dunn, Samuels, and Copher Nays: None carried. Mayor Pro Tem Copher declared the motion APPOINTMENT APPROVED - COUNCIL CF SOCIAL CONCERNS M r . Dunn requested the Council's consid- eration o f Mrs. Juana H i l l to serve as a designee from the Hurst - Euless- Bedford School D i s t r i c t . He advised t h a t M r s . H i l l is a professional registrar at Trinity High School. Mr. Samuels moved to concur with the recommendation o f M r . Dunn and approve Mrs.Juana H i l l as a representative from the Hurst - Euless- Bedford School District. Mr. Copher seconded the motion and the vote is as follows: Ayes: Messrs. Sarnuels, Copher, Benson, Dunn, and Mrs. McCormick Nays: None ca rri ed. Mayor Pro Tem Copher declared the motion 207 (Page Five, Regular Meeting Euless City Council, November 13, 1973) STATUS REPORT: MEMBERSHIP CF COUNCIL CF SOCIAL CONCERNS Mr. Dunn stated that the membership of the Council of Social Concerns is almost complete and that he has three young people who have been recommended by M r . Wages, Mrs. H i l l , and Mr. Murray. He advised he plans to interview the three young people and their parents within the next few days. He hopes- to be able to make a recommendation to the City Council for confirmation at the next City Council meeting. Mr. Dunn stated that he is hopeful that the fi rst meeting of the Council of Social Concerns and the Euless City Council can be held in early December and that by the end of December plans w i l l have been made for 1974. VI. REQUEST FROM TEXAS STATE DEPARTMENT CF HEALTH FCR CONCURRENCE FOR OPERATION CF A SANITARY LAND FILL AT THE REGIONAL AIRPORT City Manager Griggs advised the Council that the purpose of this request is to allow the Regional Airport to dispost of the ashes from their incinerator in a sanitary land fill. Location of the land fi I I would be near Bear Creek, within the Airport boundaries. Replying to a question, Mr. Ratliff stated that the State Health Department has strict requirements to insure the operation of land fills in order to be certain there will be no seepage. Mr. Benson moved to approve the request from'the State Health Department for concurrence of Operation of a sanitary land fill at the Regional Airport as long as State standards are met. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Benson, Mrs. McCormick; Messrs. Dunn, Samuels, and Copher Nays: None carried. Mayor Pro Tem Copher declared the motion VII. BIDS APPROVED FCR DRAINAGE PROJECTS Members of the Council reviewed bid tabulations and a letter submitted by the City Engineer for drainage projects on Sulphur Branch, Trailwood Addition, Oakland Estates and Koen Lane. The City Engineer recommended the approval of the low bid submitted by Shaw Construction, Inc. in the amount of $141,278.85. The bid tabulations are as follows: 208 (Page Six, Regular Meeting Euless City Council, November 13, 1973) CONTRACTOR'S NAME AMOUNT OF BOND Lloyd H. Shaw, Contractor 5% Feazei 1 Construction Co. 5% Shaw Construction, Inc. 5 %, Whittle Construction, Inc. 5% Glade, Inc. 5% United Construction Co. 5% CONSECUTIVE TOTAL CALENDAR DAYS AMOUNT BID 120 wd $147,260.44 225 wd $168 ,784.35 175 $141,278.85 200 $188,902.50 180 $196,871.14 140 $210,593.70 (Bids opened November 9, 1973, at Euless City Hall and tabulated by City Secretary.) Mr. Ratliff advised the Council that the bidders were advised that the City Council can eliminate any of these projects. However, all four of the projects were bid to one contract. He stated that there is one easement in the Oakland Estates which has not been granted. Replying to a question by Mr. Samuels, Mr. Ratliff stated that if the City of Euless does not get this easement, the contract can be changed to eliminate the number of feet needed in the particular area. The Council expressed concern of the cost of the Koen Lane project since it is high. The City Manager stated-that the Koen Lane project came up so recently ,that the City Engineer did not have time to make a detail take off and that it might be possible that an alternate route could be established if the Engineer had adequate time to prepare one. City Manager Griggs stated that he would have to rely on the judgment of the Engi neer. Mr. Ratliff stated that it would require extraordinary cooperation of the property owner on the south since the alternate route would release water onto this property. He commented that he would not suggest leaving Koen Lane out of the project since it is such a small job. Mr. Griggs stated that he would recommend that the City Engineer be allowed to investigate to determine if an alternate route is possible. Mr. Rat1 iff advised the Council that this could be worked out with the contractor and would not be a problem. Mr. Dunn commented that the City Council previously had approved the Trailwood drainage on an emergency basis and that he requests that due to this action, the Trailwood Drainage Project have priority in this cantract. 209 -.. (Page Seven, Regular Meeting Euless City Council, November 13, 1973) Mrs. McCormick moved as follows: 1. Concur -with the recommendation of the City Engineer and approve low bid submitted by Shaw Construction Inc. in the amount of $141 ,278.85. 2. Trailwood Drainage Project have priority over other projects in this contract. 3. City Engineer is authorized to make a study for a possible alternate route in the Koen Lane project. Mr. Dunn seconded the motion and the vote is as follows: Ayes: Mrs. McCormick; Messrs. Dunn, Benson, Samuels, and Copher Nays: None carried. Mayor Pro Tem Copher declared the motion VIII. APPO I NTMENT TO TI-E HURST -EULESS -BEDFORD HOSPITAL BOARD Mr. Copher moved that Mrs.Mavis Cohill be appointed to serve as the City of Euless member on the Hurst - Euless- Bedford Hospital Board. Mr. Dunn seconded the motion and the vote is as follows: Ayes: Messrs. Copher, Dunn, Benson, Samuels, and Mrs. McCormick Nays: None motion carried. Mayor Pro Tem Copher declared the IX. REPRODUCTIONS PRESENTED BY MR. AND MRS. W. G. FULLER Mayor Pro Tem Copher recognized Mr. W. G. Fuller who presented a letter to the Mayor and City Council as follows: "My wife and I wish to make a gift to the citizens of Euless through the City Council. This gift consists of framed oil reproductions of all thirty -six (36) presidents of the ,United States now hanging in the Fuller Room of the Euless Public Library." 210 (Page Eight, Regular Meeting Euless City Council, November 13, 1973) Mr. Fuller invited the members of the Council and those present in the audience to the Fuller Room in the Library to view the pictures following closing of the meeting. Mr. Dunn moved to accept the presidential pictures as presented by Mr. Fuller. Mr. Samuels seconded the motion and the vote is as follows: Ayes: Messrs. Dunn, Samuels, Benson, Copher; and Mrs. _ McCormick Nays: None Mayor Pro Tem Copher declared the motion carried. Mr. Copher expressed appreciation to Mr. and Mrs. Fuller for their gift to the citizens of Euless. X. CITIZEN REPORT (TRIANGLE CLUB) Mayor Pro Tem Copher recognized Mrs. Vera Hargiss. She stated that she lives at 613 Pauline and would like to have the opportunity to tell actually what happened at the Triangle Club. She stated that she works at Murdock Machine Company and that on the night of the raid, she and seven or eight people were eating in the club and that suddenly she felt a gun in her back. She stated that her first .thought was that a hold up was taking place because the men who charged in through the door did not announce that they were Police Officers. She stated that she was forced to strip her clothing in front of all of the people in the club. She commented that she wants the Council to see this does not happen again. The Police Officer's embarrassed and abused the patrons of the club and they were forced to 1 ine up and place their hands on the wall and had to stand in that position for over two hours. The man standing next to her moved his arm and he was kicked several times and one of the men made a slight move of his head and then the Police Officer pulled his hair and beat his head against the wall. They were not even allowed a drink of water while the Police Officers were drinking beer and mixed drinks. One time she was searched was by a Euless Pol ice Officer. She stated that Mayor Krause -in a meeting with several people stated that the Euless Police Department knew who they were looking for and in her opinion if they knew the persons they were look- ing for, they were out of order harrassing the people who were there as patrons of the club. She stated that she is ashamed of the Euless Police Department and feels that her Civil Rights were abused. The City Attorney asked what she wanted the Council to do about it. She stated that she wants to see that this type thing does not happen again. 211 (Page Nine, Regular Meeting Euless City Council, November 13, 173) City Attorney stated that Chief Sustaire has apologized if innocent persons were involved in the raid but that the Police Department was carrying out its duties as Police Officers in pursuit of the illegal activities in the area. Mr. Copher stated that the City of Euless needs cooperation o f a l l law abiding citizens and that the police department have their hands tied in many areas; that he is sorry that the incident occurred, and if the raid was not carried out properly, but that he suggests that if Mrs. Hargiss feels that her Civil Rights were violated, she should file suit against the City of Euless. Mrs. Hargiss stated that she wants the people to know what happened during the raid and that they would have to be present to believe what took place and to see the manner in which the police officer's conducted themselves and abused innocent people. Mayor Pro Tem Copher recognized Mr. David Bush, who stated that he is a resident of the City of Arlington having moved recently from the State of California. He submitted a written state- ment to members of the Council and he stated that it was a resume of what occurred at the club on the night of the raid. He stated that he requests that the City Council, after reading this statement charge themselves to decide right from wrong. He commented that the realizes that police actions of this type are necessary but he feels that the law can be enforced with fear or with respect. He commented that he was shooting pool in the back of the club when he heard a commotion in the front of the club; when he heard the commotion he thought it might be a hold up; all he heard was "Place your hands on the wall" so he slipped his billfold in the front of his pants and within a few seconds a man came into the area where he was shooting pool. The man turned his back for a few moments and Mr. Bush commented that he was in a very good position to have struck this person with a pool cue. He commented that had he done so, there probably would have been several people hurt. He stated that if the police officers had announced their identification so that everyone knew it was a police raid, they would have carried out the raid in a more organized manner. He requested that the City Council see that the officers involved are notified of the proper procedure for carrying out raids of this type. Members of the Council expressed their appreciation to Mr. Bush for his comments. EULESS POLICE DEPARTMENT COMMENDED Mayor Pro Tem Copher recognized Mr. Earl Holcomb, who stated that he commends the Euless Police Department and Chief of Police for their work in the City of Euless. However, he does not approve of the use of abusive language and the drinking on duty if this occurred. He commented that he trusts the judgment of Chief Sustaire and realizes that the police personnel have many criminal elements to contend with these days and he wholly backs the Euless Police Department. 212 (Page Ten, Regular Meeting Euless City Council, November 13, 1973) ADJOURNMENT ATTEST:I City Secretary XI I, The meeting adjourned at 9:15 P. M. APPROVED: Mayor