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HomeMy WebLinkAbout1974-11-12Regular Meeting Euless City Council November 12, 1974 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :10 p.m. i n the Council Chamber of Euless City Hall by Mayor Pro Tern Harold Samuels. Members present were Mrs. Willie Mae McCormick, Messrs. Ray Ozebek, Wayne Wright, and Harold Gopher. (Absent: Mayor A. C. Krause) Also present were City Manager C. J. Griggs, City Secretary Vada Ferris, City Attorney Bob McFarland, and City Engineer Kenneth Engl ish. VISITORS Visitors present .were as follows: Messrs. Richard Cook, Cecil Falls, Chuck Atkinson, Don W. Gann, Jim LeMaster, John H. Kidd, George Winter, P. E. Keith, Ken Taylor, Marvin B. Simpson III, Hugh Waite, and George Buckland; Mesdms. Barbara Burke, W. B. Ragley, Geneva M. Armstrong, Johnie LeMaster, Mamie Singleton, Barbara Zieschang, Jean Kidd, Jan Wallace, and Virginia Winter. INVOCATION The invocation was presented by Mr. Wayne Wright. APPROVAL CF MINUTES The :minutes of the regular meeting dated October 22, 1974 were approved as written. LIBRARY BOOK REBINDING .POLICY-', . Mayor Pro Tem Samuels recognized Mrs. Barbara Zieschang who b r i e f e d the Council on the p o l i c y recommended by the l i b r a r y board for rebinding books, as follows: 1. Materials to be rebound are: A. Materials in the collections B. Materials of importance which are donated and need rebinding 2. Criteria for rebinding: A. Condition of material B. Public interest C. Volume circulation (collection) D. Enlarge collection in specific area (donated) refers to books, pamplets, periodicals, films, recordings, and the like (Page Two, Regular Meeting, Euless City Council, November 12, 1971+) Mrs. Zieschang displayed several books which have been rebound. She stated the books are screened very carefully and the quality of paper is one criteria as to whether or not the book is rebound; that it cost approximately $1.50 to rebind a paperback ,book. She stated that in the last fiscal year, two requisitions were submitted to the administrative staff for rebinding books in the amount of $663.40 which are s t i I I outstanding, and the I i b ra ry board requests that these expenditures be disbursed from the last fiscal budget. Mr. Wright moved that the Council approve the book rebinding policy recommended by the library board and approve the expenditures to rebind books which were requisitioned in the last fiscal budget in the amount of $663.40. Mr. Copher seconded the motion and the vote is as follows: Ayes: Messrs. Wright, Copher, Ozebek, Samuels, and Mrs. McCormick Nays: None Mayor Pro Tern Samuels declared the motion carried. PERMIT APPROVED FCR OUTSIDE DISPLAY OF SAILBOATS Mayor Pro Tem Samuels recognized Mr. Atkinson who stated that he requests the Council to consider a Certificate of Occupancy for sailboat sales agency at 2110 West Euless Blvd. He stated that he was denied a Certificate of Occupancy by the City staff because the City ordinance does not permit outside display of merchanddse. Replying to a question by Mrs. McCormick, Mr. Atkinson stated that the summer time would be the peak activity period and probably twelve (12) boats would be on display. Replying to a question from Mr. Wright, M r . Atkinson stated t h a t p r i m a r i l y the merchandise w i l l be new boats but sometimes there might be a trade in. Mrs. McCormick moved to approve a one year temporary Certificate of Occupancy with a maximum of twelve (12) boats on display at any one time. Mr. Wright seconded the motion and the vote i s as follows: Ayes: Mrs. McCormick, Messrs. Wright, Ozebek, Copher, and Samuels Nays: None Mayor Pro Tem Samuels declared the motion carried. 157 (Page Three, Regular Meeting, Euless City Council, November 12, 1974) Mr. Atkinson was advised that at the end of one year, he can request the Council to review the Certificate of Occupancy, at which time the Council can give consideration to extending the time of the Certificate of Occupancy. III PRESENTATION BY STAFF MEMBERS FRJV1 THE COUNTY DEPARTMENT CF PLANNING AND DEVELOPMENT COORDINATION REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Mayor Pro Tem Samuels recognized Mr. Marvin .Simpson, Director of the Planning and Development Coordination, who presented a resolution for.'.the:City to con§filcter, regacdinge the.L6i)ty'siparticipation in- the Tarrant County Application to HUD. He stated that Tarrant County has been designated as an "Urban County" and is entitled to a share of program funds provided the County has a combination population of 200,000 persons. He stated, basically, the Planning Department is requesting the Cities of Tarrant County to support the application of Tarrant County for this funding in order for the requirement of 200,000 persons to be met. Mr. Copher inquired how the federal funds will be disbursed. Mr. Simpson stated that $661,000 will be used in the first year on a County wide basis, $1,300,000 in the second year, and $1,986,000 the third year. He stated reports will have to be made to the housing and urban development, and that the funds must be used County wide. Mr. Copher asked if a County wide waste project would be one of the priorities. Mr. Simpson stated that very probably it would be since the planning department has heard this request in many presentations. Mayor Pro Tem Samuels - stated .that he would like to see what the County Commissioners plan to do before taking action on this matter. Mr. Simpson stated that the.County Commissioners will consider this matter at their meeting on Monday, November 18, 1974. He thinks the County Commissioners w i l l ask the Mayors of Tarrant County Cities to approve this program. The City Attorney inquired what control the City w i l l have over the project. Mr. Simpson stated that cities will tell the planning department what they want and that the project w i l l have to be approved by 33 elective bodies. Mrs. McCormick stated that she i s concerned that perhaps something could be b u i It in the City of Euless which would not be desirable for the City or really needed by its citizens. 158 (Page Four, Regular Meeting, Euless City Council, November 12, 1974) . Mr. Simpson advised Mrs. McCormick that in the f i r s t year o f the program the County w i l l have to count houses, report on conditions of homes and needs. He stated this i s a requirement if the County is going to take part in this program. Members of the Council concurred that this matter should be taken under advisement at this time and the City Secretary was instructed to place this item on the City Council Agenda for November 26, 1974. IV LIBRARY WHEELCHAIR RAMP B I D Mayor Pro Tern Samuels recognized Mr. Kenneth English, City Engineer who stated that his firm received only one bid for the library wheel cha i r ramp in the amount of $6,950.00 from G. A. Cox and Company, He stated that four (4) sets of specifications were picked up for consideration and two (2) were returned before the bids were opened. He stated that the Engineers recommend that the City reject a l l bids and authorize the Engineer t o readvertise for. b i d s ; t h a t they f e e l the bids w i l l come in nearer their estimated cost. Also, there .wi11 be a slight change in the concrete specifica- tions which could make a difference in the bid price since the concrete specification in the first bid was for bridge construction. Mr. Copher inquired why this project could not be done as two separate projects - concrete as one and the r a i l s as another and negotiate on prices. . Mr. English stated that if the City Council decides 'to ask for two separate bids, he recommends that the Council authorize the City Engineer and City Manager to negotiate with one bidder and if not satisfied with the bid, attempt negotiations with another bidder. Replying to a question from Mr. Hugh Waite in the audience, Mr. English stated bids are open to anyone. Mr. Copher moved as follows: 1. To concur with the recommendation of the City Engineer and reject the bid as submitted for the wheelchair ramp. 2. Declare an emergency because of the need for construction of the ramp for handicapped people. 3. Authorize the City Engineer -and City Manager to negotiate a contract and report back to the City Council for approval. Mr. bzebek seconded the motion and the vote is as follows: Ayes: Messrs. Copher, Ozebek, Wright, Samuels, and Mrs. McCormick Nays: None carried. Mayor Pro Tem Samuels declared the motion (Page Five, Regular Meeting, Euless City Council, November 12, 1974) V LETTER FROM COUNTY COMMISSIONER ON FUNDING CF MOVING LITTLE BEAR CREEK BRIDGE Mayor Pro Tem Samuels announced that the City has received a letter from Mr- Dick Lewis, County Commissioner, advising t h a t the County w i l l participate in the moving of the old bridge crossing Little Bear Creek. . Mr. Copher stated that many people have worked to save the bridge crossing Little Bear Creek. However, in his opinion, Mr. Charles Hunt, Chairman of the Park and Recreation Board, has worked the hardest, and he recommends that Mr. Hunt be commended for his extensive efforts in this project. VI APPROVAL OF CHANGE ORDER 10 MOVE THE LITTLE BEAR CREEK BRIDGE (M & S CONSTRUCTION CO.) Mr. Kenneth English advised the Counci 1 that a change order in the amount of $22,472.99 as an addendum to the M & S Construc- tion Company to move the bridge from the Little Bear Creek site requires City Council action, Mr, Copher moved to approve change order as submitted by the City Engineer. Mrs, McCormick seconded the motion and the vote is as follows: Ayes: Mr. Copher, Mrs. McCormick, Messrs. Wright, Ozebek, and Samuels Nays: None Mayor Pro Tem Samuels declared the motion c a r r ied. Replying to a question, Mr. English stated that Harwood Road will probably be closed to traffic in the near future because of the work at the bridge site. Mr. English stated that the City Manager has asked f o r a schedule and cash flow chart on the project which w i l l be submitted to the City Manager's office in the near future. (Pape Six, Regular Meeting, Euless City Council, November 12, 1974) VII GENERAL DISCUSSION: PARKING CF CHEMICAL TRUCKS, FALL WEEDS, SEWER RATE INCREASE BOARD OF APPEALS Mayor Pro Tem Samuels stated that there are probably several citizens who are interested in the Chemical trucks parked at Highway 183 and Marlene, and he requested the City Attorney to explain the s ituat ion. Mr. McFarland stated this firm was in viola- tion of several ardinances and was advised of these violations. A >vice - president of the firm came from Houston and has located a site outside of the City limits to park these trucks. Mr. McFarland stated that he has a report from the Fire Marshal that the company is now in compliance with City ordinances. However, at various times there will be a truck or maybe several trucks for a brief period of time; possibly for dispatch orders or because the driver, basv,,gone to eat. Mayor Pro Tem Samuels .recognized Mr. Cecil Falls who stated he lives just around the corner from the truck stop, and he and his neighbors do not feel it is safe for trucks to park in this area; that there have been as many as 25 at one time. He stated that last Saturday there were four trucks parked for a time. Mr. Falls presented a typed statement which he stated is the concensuS of the people living in the Wilshire area. The statement expressed concern of the possible fire hazard and lack of safety to families and property in this area. The City Attorney explained that if the trucks are parked in this location over night, they are in violation of City ordinance and to notify the City Fire Marshal. Mr. Ozebek stated he passes this location every morning and afternoon, and he w i l l personally keep a log of the trucks parked in this area and advise the Fire Marshal of his findings. Mayor Pro Tem Samuels thanked Mr. Falls for his presentation to the Council, and his concern. He stated that many times the City Council w i l l not be aware of a violation of ordinances if citizens do not call it to their attention. Mr. Ozebek stated that the Zoning Ordinance prohibits a situation like this. The City Attorney stated that the Zoning Ordinance is one of the ordinances sited in the violations presented to this firm. Several members of the Council could not recall a permit being issued for this business. (Pape Seven, Regular Meeting,' Euless 'City Council, November 12, 1974) Mr. Wright stated that he understands that Mr. Jack Bullard, City Inspector, issued a Certificate of Occupancy. Mr. Copher inquired if the operations exist- ing presently are legal under the Certificate of 'Occupancy. Mr. Ozebek stated that this type of business belongs in an industrial area. The City Attorney stated that the City Council did not authorize parking of vehicles at this site. Mr. Falls stated that he is not blaming the City Council but is curious that the City does not have someone on the City staff to check on matters of this nature. Mr. Griggs, City Manager, stated that the Fire Marshal has observed this and attempted to make corrections, however, it became necessary to turn the matter over to the Prosecuting Attorney. Mr. Griggs advised that this area is being observed very carefully. However, the City is appreciative of citizens advising of any matters which are of concern. Mr. Falls stated that the field behind his house is very over grown, and 'he is wondering if the City can may it The City Manager advised that a recent check of this property revealed that the property owner in the past has mowed this lot and has stated recently he will mow it again just as soon as it is dry enough for equipment to get on the property. Mr. Falls stated that he has called City Hall several times inquiring about the sewer rate increase and that no one seems to know why the rates were increased. He said that the last man that he talked to said that the City Council had increased the rates and that he should talk with the Council. Mayor Pro Tem Samuels explained that the City of Euless has found it necessary to go outside the City to secure help in handling sewage problems and secure water to meet the City's future needs, both of which are very large expenditures for the City. He stated that the cost is a capital expense and that it is necessary to increase the rates to meet these expenses in order to keep up with the City growth. At the request of Mayor Pro Tem Samuels, Mr. McFarland explained that the City Council recently appointed a Board of Appeals in an effort to abate public nuisances in the City (abandoned and deteriorated houses, unkept vacant lots, etc.). 162 (Page Eight, Regular Meeting, Euless City Council, November 12, 1974) V I I I CITY ATTORNEY'S REPORT CONCERNING COMPLAINT REGARDING CONDUCT OF CERTAIN OFFICERS CF EULESS FLLICE DEPARTMENT Mayor ,Pro Tem Samuels stated that at the last Council meeting, Mr. George Buckland had presented a complaint regarding the conduct of certain officers of the Euless Police Department. This matter was .referred to the City Attorney for investigation. Mr. Samuels stated that the City Attorney has reported to the Council, and'that the Council has satisfied itself that the conduct and action of the Euless Police Officers was proper and in compliance with the requirements of the law and the procedures of the Euless Police Depart- ment., He stated that the question, as to whether Mr. Buckland did or did not stop at the stop sign is for the courts to decide. The Council has been advised this case is now in the hands of appropriate courts. Mr. Samuels stated that the City Attorney's report will not, be made public since -Civil litigation is being contemplated. Mr. Buckland asked for a copy of the report and was, adv,i sed .;that t h i s „report 'was made o r a l l y to the Council. I n concurrance with Mr. Buckland's request, the Council asked that the City Attorney discuss the report with him. IX ANNOUNCEMENT OF RE- ORGANIZATION CF FRIENDS CF LIBRARY - Mayor Pro Tem Samuels ,recognized Mrs. Barbara Zieschang. She announced that the Friends of the Library are reorganizing and membership is now available; that the Euless Public Library plans to hold open house soon. She stated that it would be nice if the Mayor could include this announcement in his next newsletter. X' TAX ASSESSOR -COLLECTOR REPORT Mayor Pro Tem Samuels stated that Mr. Parks, the Tax Assessor - Collector, was to appear before the School Board, the Hurst City Council, and the Bedford City Council and it appears he has been delayed in his arrival to the Euless City Council fo r his presentation. However, Mr. Parks has submitted documents which can be acted upon at this time. The Council concurred to proceed with this matter. 163 (Page Nine, Regular Meeting, Euless City Council, November 12, 1974) Mr. Ozebek moved that the Tax Assessors 1971+ certificate of total assessed value in the amount of $145,595,360 be officially accepted. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Wright, Samuels, and Copher Nays: None Mayor Pro Tem Samuels declared the motion carr ied. Mr. Wright moved that the Tax Assessor be authorized to correct the official tax rolls in accordance with detailed listing dated August 31, 1974. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Wright, Ozebek, Copher, Samuels, and Mrs. McCormick Nays: None Mayor Pro Tern Samuels declared the motion carried. (Copy of documents from the tax office are on file as Council Exhibit in the City Secretary's office.) XI ADJOURNMENT The meeting recessed into executive session at 9:25 p.m. and was officially adjourned at 10 :20 p.m. APPROVED: ATTEST: /s/ Vada Ferris 1e4