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HomeMy WebLinkAbout1976-03-09193 Regular Meeting Euless City Council March 9, 1976 CALL TO ORDER 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 Harold Samuels. Members present were Mrs. Willie NJ McCormick, Messrs. Wayne Wright, Charles Hunt, Ray Ozebek, and Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarlartl, and City Engineer B i 11 Flowers. VISITORS Visitors present are as follows: Messrs. Dan Frazier, Doyle Frazier, Max Ficken, Allen Clemson, R. C. Popplewell, Jack Klaus, Charles Apple, Lynn Shackelford, William F. Davidson, Jack Steele, Stan Himes, Hugh Waite, Walter Elliott, Ken Taylor, Hal C. Ferguson, Robert Pippin, Jim Hickerson; Mesdms. Barbara Burke, Jack Klaus, Annelle B. Apple, Violet Davidson, Catherine Boyd, and Virginia Steele. INVOCATION The invocation was given by Mayor Harold Samuels. APPROVAL OF MINUTES The minutes of the regular meeting dated February 24, 1976 were approved with the following correction: Mrs. McCormick stated in the second para- graph under Item 11, the amount of the bid should be $21,626.00. I ANIMAL CONTROL AND SERVICE CENTER Mayor Samuels stated that the Council has been discussing the location of an Animal Shelter and Service Center for several years and more specifically, been looking for a site for about a year and they have looked at several sites and have even had a public hearing on a potential site and requests the City Manager's recommendation on a site. (Page Two, Regular Meeting, Euless City Council, March 9, 1976) Mr. Sustaire stated that a recent survey of the National League of Cities determined that dog complaints exceed all other complaints in all other areas in frequencies of complaints to the cities; in all, these cities animal control has seldom received the attention necessary to effect an enforceable program that would be responsible for animal control, that the responsibility for animals in any city must include six integral parts, as follows: a practical and enforce- able ordinance, a good animal shelter, an ongoing program to inform the citizens and the public in the proper control of their pets, an effective field program to cope with uncontrollable animals, a good sterilization program to reduce the number of unwanted pets, and strong support from the community and the elected officials. He further stated that the responsiblity for animal control naturally falls as a responsiblity of any local government and communities that refuse to accept this are spending more money for unwanted pets and caring for those than it would cost to set up these effective programs. Mr. Sustaire stated that it has never been his desire nor the intentions :of the staff or the elected officials of this Council to force any unwanted situa- tion on any sector of Euless; therefore, he recommends that the City withdraw their request for rezoning of the property they presented before the Planning and Zoning Commission and he recommends the City purchase thi s property and add it to our park land that we presently own and improve it for the neigh- borhood in that area. Mr. Sustaire further recommended that the City purchase land in an industrial zoned area on Westpark Way for the Animal Control and Service Center site, and with the Council's approval, the City w i l l proceed to enter into a contract with International Regional Properties and attempt to purchase this three (3) acre site. Mr. Walker moved to accept the City Manager's request to withdraw the original proposal and accept his new pro- posal for purchasing the four (4) plus acres for additional park land and that he attempt to purchase three (3) acres on Westpark Way for the Animal Shelter and Service Center. Mr. Ozebek seconded the motion. Mr. Hunt inquired the price of the land the City had originally planned to use for the Service Center. Mr. Sustaire stated $10,500.00. Mrs. McCromick stated that it may be well to bring out that when the City was talking about putting the Animal Control and Service Center on the property west of M i l l s Drive, it would require a great deal of money to make preparations for building, which does not mean that we would have to spend the same amount of money in making it into a park. The vote on Mr. Walker's motion is as follows Ayes: Messrs. Walker, Ozebek, Wright, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (>?age Tfire.e� Regulareetint Euless City Council, March 9, 1976) II FINAL PLAT APPROVAL ON LOTS 17R AND 18R. BLOCK 4. BELL RANCH TERRACE ADDITION, RE- QUEST OF MR. HUGH WRITE Mayor Samuels recognized Mr. Walter Elliott who stated he is representing Mr. Hugh Waite and is requesting approval of the plat of Lot 17R and 18R, Block 4, Bell Ranch Terrace Addition. Mr. Elliott stated that Mr. Waite does not have any definite plans for this property but he is negotiating with three (3) or four (4) major chains, however, anything that is to be built on these lots will fall within the present zoning classifications. Mr. Elliott stated he is requesting approval so Mr. Waite can make provisions to develop the property and put in the necessary improvements in order to sell the property to these firms he is negotiating with. Mr. Hunt inquired that since we do not know what new business will be on these lots, do we have any reassurance that we will not have a row of night clubs along there. Mr. Elliott stated that night clubs re- quire a specific use permit which has to come before the Council for your approval and you have that assurance now as it is zoned for commercial use at this time. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Lot 17R and 18R, Block 4, Bell Ranch Terrace Addition. Mr. Wright seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Wright, Ozebek, Hunt, and Walker Nays: None Mayor Samuels declared the motion carried. IIz NAME FOR PARK ON SIMMONS DRIVE City Manager Sustaire stated that the Park and Recreation Board recommended that Simmons Drive Park be named Joseph Alfred Carr Park, or Carr Park and that is also his recommendation. Mayor Samuels stated that this is in honor of the deceased father of the man who donated the park. Mr. Hunt moved that Simmons Drive Park be named Carr Park. (page Pour, Regular ,Meeting, Euless, City Council, March 9, 1976) Mrs. McCormick secondedthe motion and the vote is as follows: Ayes: Mr. Hunt, Mrs. McCormick, Messrs. Walker, Wright, and Ozebek. Nays: None Mayor Samuels declared the motion carried. IV RESOLUTION NO. 382 OPPOSING MERGING OF THE EULESS POST OFFICE WITH THE FORT WORTH POST OFFICE Mayor Samuels read Resolution No. 382, opposing merging of the Euless Post Office with the Fort Worth Post Office. Mrs. McCormick moved to approve Resolution No. 382, opposing the merger of the Euless Post Office with the Fort Worth Post Office. Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCromick, Messrs. Walker, Wright, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. (Copy of resolution is on file in Office of City Secretary) V RESOLUTION NO. 383 CALLING A PUBLIC HEARING ON ZONING CASE NO. 251 REQUEST OF G. W. PETREL( RR CHANGE OF ZONING FROM "C -2" COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT FOR GARDEN SHOP AND PLANT SALES TRACT 1C AND 1C1, JAMES MAT S ON SURVEY. Mr. Wright moved to approve Resolution No. 383, calling a Public Hearing date on March 23, 1976 on Zoning Case No. 251 for change of zoning from "C -2" Community Business District to "SP" Specific Use Permit as requested by G. W. Petrek. Mrs. McCormick secondedthe motion and the vote is as follows: Ayes: Mr. Wright, Mrs. McCormick, Messrs. Walker, Hunt, and Ozebek. Nays: None Mayor Samuels declared the motion carried. (Page Five, Regular Meeting, Euless City Council, March 9, 1976) VI RESOLUTION NO. 384 CALLING A PUBLIC HEARING ON ZONING CASE NO. 252 REQUEST CF BILL LIND- SEY & ASSOCIATES, INC. FOR CHANGE OF ZONING FRONT "C -1" NEIGHBORHOOD BUSINESS DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT ON TRACT 4D1 AND 4D2. A. J. HUITT SURVEY AB- STRACT 684 Mr. Ozebek moved to approve Resolution No. 384, calling a Public Hearing on Zoning Case No. 252 for change of zoning from "C -1" Neighborhood Business District to "C -2" Community Business District on March 23, 1976. Mr. Hunt seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Hunt, Walker, Wright, and Mrs. McCromick Nays: None Mayor Samuels declared the motion carried. VII CITY ATTORNEY'S REPORT REVIEW OF ORDINANCES Mr. McFarland stated the Animal Ordinance is the result of efforts of Mr. Shackelford's staff to update our animal control rules and regulations to more comprehensively cover situations that exists in complaints that have been received by the City from time to time. He stated it more exactly establishes the burden the owners of pets have with respect to rabies vaccinations, in keeping and picking up of animals following animal fights, for determination of rabies infestations, specifically prohibits and provides the mistreatment of our animals to which our present ordinance is silent in that regard, defines wild and non - domesticated animals in which numerous complaints have been received by the City Office. Mr. McFarland stated that at the present time our present ordinance does not have the depth the City Officials feel are necessary to preclude certain wild animals being kept without proper confinement within the City. He further stated the new ordinance also establishes procedures for reporting rabies by area veterinarians. Mr. Shackelford stated he has talked to some veterinarians in the City and they said they have heard of and had more cases of rabies through cats than with dogs and to their knowledte there is no vaccine available to vaccinate anything but cats and dogs. n ula7? eetin_ Euless_ Cif Council? Larch_ 9, 1976) Mr. McFarland stated this new ordinance does extend to the vaccination of cats as well as dogs. Mr. Hunt inquired if the City's ability to enforce such an ordinance has been changed and if any fines have been set if the person does not comply. Mr. McFarland stated it is a Class C misdemeanor offense with a fine from $100.00 to $200.00 and does give the animal warden authority to pick up and hold the animals. Mr. Ozebek inquired what the proposed action on these ordinances are, if the Council is going to have a chance to review them before passing on than. Mayor Samuels stated whatever the Council's pleasure. Mrs. McCormick stated she would like to read them over before voting on them. Mayor Samuels inquired of Mr. Shackelford if, in his opinion in regard to the health and safety of the citizens, any of the ordinances need to be passed tonight. Mr. Shackelford stated it would be good to pass on the Animal Ordinance tonight but the other ones pertain to building construction and should be considered as soon as possible. Mr. Shackelford stated the ordinance amending the Electrical Ordinance is adopting the 1975 Electrical Code with the exception of the aluminum wire. He further stated the Plumbing Ordinance adopts the Uniform Plumbers Code, eliminating galvanized water pipe and using cast iron sewer pipe under slab foundation and other sewer pipe being PVC, as allowed in other cities. Mr. McFarland stated he asked Mr. Shackelford the effect these ordinances would have on the builders construc- tion cost and he was informed that all uniform codes are such that they are a saving cost to the contractor; that the Electrical Code requires smoke detection devices in residents and apartments. Mr. Hunt inquired if Mr. Shackelford has had any input from plumbers or electricians on these new ordinances. Mr. Shackelford stated he has not had any input from the electricians but he has had a meeting with some plumbing contractors and asked for their input and they were very helpful and some of the things they did suggest he has incorporated into the new ordinance, such as identifying plates on the foundation, 12 inches above the sewer clean out, to make the sewer clean out easier to find. Rage Seven, Regular -Meeting Euless City Council, March 9, 1976) Mr. McFarland stated the Subdivision Ordinance makes the change relative to the sewer pipe discussed previously and incorporated the City's staff proposal with respect to streets, median, and curbing changes brought about by multi -lane thoroughfares. Mr. McFarland stated the Fence Ordinance requires a permit for the erection of a fence, to allow the City staff to control the regulations of the City, creates a height l i m i t of 8' (eight feet) above ground and restricts the fencing of certain areas to avoid obstruction of streets and highways. Mr. Hunt moved that the Council be fur- nished copies of the proposed ordinances and table the passage of the ordi- nances until the March 23rd meeting and pass on emergency enactment at that meeting . Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Hunt, Mrs. McCromick, Messrs. Wright, Ozebek, and Walker Nays: None Mayor Samuels declared the motion carried. Mr. McFarland inquired if the City Manager would like for him to prepare an ordinance for the Council's con- sideration relating to the record keeping requirement of the Texas Utility Act and if he should use the ordinance enacted by the City of Dallas. Mr. Sustaire stated that he recommends this as it should be the responsiblity of the Utility Company to keep these records. VIII AUDIENCE REQUESTED BY GEORGE EWING ABOUT ENCLOSING HIS GARAGE AND ABOUT GARBAGE P I CK-UP Mayor Samuels recognized Mr. George Ewing who stated he had enclosed the front of his garage and the City In- spector came by and informed him that he needed a building permit to enclose his garage and when he came to City Hall and talked with Mr. Shackelford, he was informed that he could not get a permit, as it was against the Zoning Ordinance. Mr. Ewing stated that he made reference to other homes in the neighborhood and he was still informed that he was still in violation and he would like to see the ordinance be changed so he can enclose his garage and be permitted to have the same privilege as the other residents in the area. Mayor Samuels stated that at a meeting several weeks ago, the Council approved a committee to study the Zoning Ordinance and several other ordinances and this is one item under the Zoning Ordinance to be considered and he does not know what their recommendation is going to be and he realizes that a number of people have enclosed their aye. E± ht e.:ular eetin: Eulesa.Cit Council March 9, 1976) garage without getting a building permit but the Council cannot grant a permit. Mr. Shackelford stated that Ordinance No. 347 of the City of Euless states each single family residence must have one (1) parking space behind the building line; that this parking space cannot be in the required front yard. Mr. Ozebek inquired how many permits have been issued to enclose a garage. Mr. Shackelford stated there have been several issued but to his knowledge there have been none issued in Midway Park. Mr. McFarland stated that in his opinion the Council should instruct the City Manager that pending resolution of this matter by the committee, that no further effort be made by the City Staff to enforce the Penal Code of the ordinance at this time. Mr. Ewing stated he is employed by Klaus Service Center and is appearing to complain aobut the garbage service. He stated the service center has very little garbage, that most of the refuge is steel and they keep putting the charge on the water bill. He stated the garbage people do not pick- up at the place of business and they do not feel they should pay and they have been informed that they would pay the bill or the water would be cut off and they have been paying their water and sewer bill each month. Mr. McFarland stated he does not know of any City in the area that does not have the same requirements. can pick -up service. have trash only metal and steel. metal and steel. Mr. Ozebek inquired if he is using trash Mr. Edwing stated "no" that they do not Mr. Walker inquired how they discard the Mr. Ewing stated a man comes and picks up the metal and steel and picks up any cardboard boxes they have when he picks up the scraps; that this man picks up the metal for the salvage value and the service center does not receive any money form them. Mr. Sustaire stated that other businesses haul their scrapoff and still pay their garbage service, and in his opinion, if this man is picking up cardboard boxes when he is picking up his scrap metal, he is operating in violation of the City Ordinance and if the City was to make an exception in this case, they would have to make an exception to all muffler shops and garages in Euless. 20 (Page Nine, Meeting; Euless Ci.t Councils March 9, 1976) Mr. Jack Klaus stated that it is not the fact that they do not want to pay for the service but he was never advised why he had to pay for the service. Mayor Samuels stated that in order to have garbage pick -up service, the City has an agreement with Tarrant County Waste Disposal, and in order to keep the cost down, the agreement states the number of pick -ups each week and that there will be curb side pick -up and the City will do the billing for the company and the City does not receive any money for it Mayor Samuels stated that all residents and businesses must take the service. IX VANDALISM Mr. Hunt stated that with summer coming on the City will have additional vandalism problems and in a few weeks the Council should look at some type of resolution or ordinance to see how we can recruit the citizens and the City, as a whole, to assist in vandalism. He further stated the Council should look into the possibility and a new way of having the parents responsible for what these young people are doing in destroying the City's property and private property as well. Mayor Samuels inquired of the City Manager if since the passing of the Reward Ordinance, if there is any situ- ation where the reward has been requested. Mr. Sustaire stated that none to date has been requested. Mr. Walker inquired if since the $50 reward was published, has this brought the complaints and acts of vandalism up or down. Mr. Sustaire stated that vandalism comes in cycles, and he has not seen any trends as he believes this Reward Ordi- nance has not been out long enough. X FAMILY SERVICE OPENING HOUSE Mrs. McCromick read an invitation from the Family Service Travelers Aid Association as follows: "An Open House is being planned for the Northeast Office on Thursday, March 25, 1976, between 3:00 p.m. and 6:00 p.m. Rod Hickman is handling the planning in conjunction with the Euless Council for Social Concerns and a representative group of person of the various cities in that area. The main thrust for invitations for the Open House is the professional, social service and leadership personnel of the Northeast area." (Page Ten, Regular Meeting, Euless City Council, March 9, 1976) XI CHALLENGE TO VOTERS Mrs. McCormick stated that at the H -E -B Chamber of Commerce luncheon, North Richland H i l l s Chamber of Commerce challenged the other cities to get the most people out to vote in the November election and Mrs. Norma Morelock and she took the Challenge. Mrs. McCormick stated that as a member of the League of Women Voters, she is deputized to register people to vote and a person must be registered thirty (30) days before they can vote. XII MUNICIPAL ELECTION Mayor Samuels stated that on Saturday, April 3rd the City will hold the Municipal Election and the candidates for the three places are in the audience. Mayor Samuels introduced Mr. Robert Pippin and Mr. Stan Himes, candidates for Place 1; Glenn Walker, incumbent for Place 3; and Ray Ozebek, incumbent for Place 5. Mayor Samuels stated that the Jaycees will hold a Town Hall meeting April 1st at 7 :00 p.m. in the Community Building. XII PARK MASTER PLAN Mrs. McCormick stated the Park and Recreation Board has a Park Master Plan on display at the Simmons Community Center. She stated the board has not approved this plan and would like for the Council to look into the plan and give them their input on it. XIV TARRANT COUNTY MAN - RJJVER CONSORTIUM City Manager Sustaire stated that the interest of the City of Euless will definitely lay with the Fort Worth Manpower Consortium, as much as the cities of Bedford and Hurst, which are in the Fort Worth Consortium, as they are receiving a great deal more than we are receiving from Tarrant County Manpower Consortium. He further stated that to his knowledte the City has only received funds through Title 1 and Title VI and have had a total of thirteen (13) employees through these funds. Mr. Sustaire stated he recommends the City go in with the consortium of Fort Worth and the other cities that are presently involved in it, largely for the information explained in the memo- randum because the City will have more input in the Fort Worth Consortium and could appoint one (1) elected official to serve on this board. 20) (Page Eleven; Regular :Meeting, Eulesa. City Council, March 9, 1976) Mayor Samuels recognized Mr. Bob Popplewell from Tarrant County Consortium. Mr. Popplewell stated that the previous City Manager did not want to enter into the manpower project. Mr. Popplewell stated he requests the Council consider what they are about to do; that the office has not had a request in writing for input or more participation or even had anyone from the City to visit his facility. He further asked the City to please remain a part of Tarrant County Consortium and his office will be glad to assist the City in anyway they can. Mr. Ozebek inquired if this is anyway related to the program that TEC administers. Mr. Popplewell stated they were at one time administrator of one of these programs. He stated that in these programs the people work to earn their money and it is not welfare. Mr. Hunt stated that as he understands it there are probably other opportunities available through the consortium that the City has not applied for. Mr. Popplewell replied definitely. He stated he has brought several copies of their plans for the Council's review and consideration and again encourages the Council to stay in Tarrant County Manpower Porgram by asking his staff out to explain the program. He stated that some of the cities staff their entire summer recreation program through this manpower program, but it has to be requested because they do not know what the City needs or wants. Mr. Ken Taylor stated that as he understands it, Euless was allotted five (5) slots for the rest of this year. Mr. Popplewell stated that they have never received a letter of a job description and there are sources of money available now that have not been tapped for the City of Euless. Mr. Sustaire inquired how a City goes about getting input into the consortium. Mr. Popplewell stated his office is ready and able to receive information from the City and they will be happy to come and talk to the City Council and City Manager at any time. Mr. Popplewell stated that they are setting up the program for next year's funding and they will have one million dollars for 1977 and this will be available on October 1st. Mayors Samuels stated they would request a letter from Mr. Popplewell on what is available and have a recommendation on the March 23rd meeting. a:e TwelyeN 'e :ula eetin: Euless_ Cit Council „March 9, 1976) ADJOURNMENT ATTEST: City Secretary XV The meeting adjourned at 10 :05 P.M. APPROVAL: Mayor