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HomeMy WebLinkAbout1974-11-261E Regular Meeting Euless City Council November 26, 1974 CALL 10 ORDER The regt lar meeting of the Es less City Council was called to order at 8 :10 p.m. in the Council Chamber of Euless City H a l l by Mayor A. C. Krause. Members present were Mrs. W i l l ie Mae McCormick, Messrs. Ray Ozebek, Wayne Wright, Harold Gopher, and Harold Samuels. Also present were Interim City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer B i l l Flowers. VISITORS Visitors present were -as follows: Messrs. Ken Taylor, Don Perkins, Charles W. Owen, Don L. Armstrong, W. J. Hyde, Jay H. Theder, M. E. Campbell and G. Schumann; Mesdms. Barbara Burke, Nancy Cramer, Geneva M. Armstrong, Brenda Eberhart, and Jean Kidd. INVOCATION The invocation was given .by Mr. Ray Ozebek. APPROVAL CF MINUTES The minutes of the regular meeting dated November 12, 1974 were approved as written with the following correction; Replying to a question, Mr. English stated that North Main Street will probably be closed to traffic in the near future because of the work at the bridge site. The minutes of the called meeting of November 15, 1974 were approved as written. ACCEPTING RESIGNATION CF C I 1Y SECRETARY Mayor Krause stated the Council had received a letter from Mrs. Vada Ferris requesting the Council accept her resignation effective December 31, 1974 and that she has accrued vacation time. She requested her vacation to begin immediately. Mayor Krause stated the Council accepts Mrs. Ferris' request and has appointed Mrs. Della Houy as City Secretary. (Pape Two, Regular Meeting, Euless City Council, November 26, 1974) REQUEST 10 ADVERTISE FCR BIDS ON NEW 1975 CARS FCR CITY CF EULESS Mr. Sustaire stated that he recommends the Council's permission to advertise for bids on four (4) small cars and three (3) police cruisers to replace two (2) public work cars and two (2) police vehicles. Mr. Sustaire furnished copies of specifications to members of the Counci 1. Mr. Samuels moved to allow Mr. Sustaire to advertise for bids for four (4) small cars and three (3) police cars. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Samuels, Mrs. McCormick, Messrs. Wright, Copher and Ozebek Nays: None CITY ENGINEER'S REPORT Mayor Krause declared the motion carried. NORTH MAIN STREET AND LITTLE BEAR CREEK BRIDGE M r . B i l l Flowers, City Consulting Engineer, stated that the contractor for construction of Little Bear Creek Bridge has requested agreement not begin until Texas Power & Light has relocated their utility poles and Southwestern Bell Telephone has relocated their telephone cables in -order to prevent North Main Street from being closed for any length of time. MULTI-PURPOSE ATHLETIC FIELD Mr. Flowers stated they had submitted a par- tial payment for the Multi- Purpose Athletic Field and he recommends the Council withold payment until they decide whether to assess liquidated damages. Mr. Flowers read a summary of Chronological Events listed as follows: 1. Receipt of Bids December 28, 1973 2. Executed Contract with low bidder i n the amount of $73,592.70 with 90 calendar days contract time. January 18, 1974 3. Issued work order to Contractor and reduced scope of project to $51,230.94 March 20, 1974 4. City directed City Engineer to assume responsibilities for inspection of project. June 18, 1974 (Page Three, Regular Meeting, Euless City Council, November 26, 1974) '5.. Contractor notified in writing that City was seriously considering as- sessing liquidated damages (also notified Contractor by telephone on or about 7/26/74 and 8/21/74) September 24, 1974 6. Contractor turned playing field over to City so sprinkler system Contractor could go to work. 7. First final inspection for accepting completed project. 8. Project completed except -for two minor items. FACTS TO CONSIDER September 6, 1974 October 28, 1974 November 20, 1974 1. Work order was not issued until 61 days after Award of Contract. The Contract documents state that the Work Order w i 1 I be issued promptly after the Contract i s issued and as expeditiously as possible. . 2. Change Order No. 1 which reduced the scope of the project was ex- ecuted by the :Contractor on March 14, 1974. Subsequently on March 20, 1974 the Work Order was issued. During the negotiations of Change Order No. 1 no .mention or request for a time extension was made by the Contractor. 3. During the construction of the project the Contractor has .always been cooperative and has done some additional work without asking f o r added compensate on . The Contractor died not work on numerous days when weather permitted. 5, The Contractor is aware.the City is considering assessing liquida- ted damages, but to this date no request for a time extension has been received by our office. Ve have been in contact with the Con- tractor and understand a letter i s forthcoming which will request a time extension. 6. Project should have been completed June 191, 1974. 7. Contract states liquidated damages can be assessed at the rate of $50.00 per day. ALTERNATE METHODS OF ASSESSING LIQUIDATED DAMAGES 1. As of November 20, 1974, a total of 246 days has been used leaving 156 days beyond contracted time; at $50. /day liquidated damages amounts to $7,800. (Page Four, Regular Meeting, Euless City Council, November 26, 1974) 2. If liquidated damages are assessed up through September 6, when the playing field was turned over to the City, a total of 171 days had been used leaving 81 days beyond contracted time; at $50./ day liquidated damages amounts to $4,050. 3. If the Council should desire to assess liquidated damages equal to the amount of additional expense incurred by the City due to the late completion, and assuming the only expenses incurred were charges for the resident project representative, then the 1 iquida- ted damages amounts to approximately $3,000. The approximate figure is used since final charges will not be available until the project is finaled. Mr. Copher stated the plans were to use the field this year, get grass sodded, and have a soccer field and then the field would be well sodded for next spring. He further stated the City has lost the entire use of the field for this year as well as a good grass sod- ding. Mr. McFarland stated the City can retain the maximum liquidated damages of $7,800.00 plus $800.00 for items not com- pleted, and pay the balance to the contractor. Mr. McFarland stated the City can pay the $800 to the contractor when the final work is completed, and the City Engineer and City Attorney can meet with Big State Construction Company and make recommendations on liquidated damages to Council. Mr. Copher stated that at the Park and Recreation meeting on July 15, 1971+, they recommended that the City allow Big State Construction 30 days grace for any possible delays caused by the City's required adjustments. But recommends that the City envoke the contract time and liquidation damages at the rate of $50 a day after July 20, 1974. Mr. Theder stated the Park and Recreation Board recommend the contractor be assessed the penalty. Mayor Krause requested Mr. McFarland get information and present it to the next meeting. Mr. Copher moved that the City not pay the contractor until the job is complete and then pay all but the liquidated damages. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Copher, Ozebek, Samuels, Wright and Mrs. McCormick Nays: None CITY ATTORNEY'S REPORT Mayor Krause declared the motion carried. IV Mr. McFarland stated that the Chemical (Page Five, Regular Meeting, Euless City Council, November 26, 1974) trucks that had been parked at the Petro Chemical station have been removed and there have been no more complaints received. He further stated that the lots have been mowed, and that some of the substandared houses have been brought up to City standards or are in the process of being torn down. V RESOLUTION NO. 348 COMMEND I NG MRS. GEORGE EBERHART AS CHAIR- MAN CF BI- CENTENNIAL COMMITTEE Mayor Krause read a portion of a letter to Mrs. Eberhart and the Bi- Centennial Committee from the American Revolution Bi- Centennial Administration of the United States of America congratulating the City on becoming a Bi- Centennial Community. He also read a telegram of congratulation from Senator Tower. Mr, Samuel s moved to approve Resolution No. 348 commending Mrs. George Eberhart and the Euless Bi- Centennial Committee for its dedicated effort in bringing to Euless the honor bestowed by the American Revolution Bi- Centennial Administration of the United States of Amer ica .Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Samuels, Mrs. McCormick; .Messrs. Wright, Ozebek and Copher Nays: None Mayor Krause declared the motion carried. VI NEW DEPARTMENTS FORMED Mayor Krause stated that the Council has recommended forming a planning and development department and a financial department. Mr. Sustaire was instructed to contact an architectural firm to submit plans for a service center and a -fire station as soon as possible and to appoint department heads to the two new departments. VII CIVIL SERVICE COMMITTEE Mrs. McCormick moved to approve Appendix on the Civil Service Commission and all classifications being adjusted as recommended by Interim City Manager, as discussed in prior personnel meeting. Mr. Ozebek seconded the motion and the vote i s as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Samuels, Wright and Copher Nays: None Mayor Krause declared the motion carried. 172 (Page Six, Regular Meeting, Euless City Council, November 26, 1974) VIII RESOLUTION NO, 349 CITY CF EULESS PARTICIPATING IN TARRANT COUNTY APPLICATION 10 HUD Mrs. McCormick stated that the appl ica- tion for the City's participation in Tarrant County Application to,HUD should be made by December 15, 1974. Mr. Ozebek stated that the City of Bedford is adopting this resolution at their meeting tonight with some reservations. Mayor Krause stated if adopted, the City would l i k e to know who w i l l handle the money. ,Mr. Copher i n q u i r e d who w i l l compose the 33 member board. Mrs. McCormick moved to approve Resolution No. 349 accepting participation in the Housing and Community Act of 1974. Mr. Samuels seconded the motion. Mrs. Jean Kidd, 1300 Driftwood stated that she got the impression from Mr. Simpson that the cities are pressed to join but guide lines were not available. Mr. Marshall Campbell stated that he thinks Federal Government is giving too much aid and they should keep their hands out of the City's business, and the City should keep out of Federal Grants. Mrs. Eberhart asked if North Central Texas Council of Governments were going to participate in this program. Mrs. McCormick stated that at this time it was only Gounty participation and they needed $200,000 persons in order for the County's to participate. After further discussion, a vote was taken and the vote is as follows: Ayes: Mrs. McCormick; Messrs. Samuels, Wright, Copher and Ozebek Nays:; None record agreeing with Mr. Campbell, Mayor Krause declared the motion carried. Mayor Krause stated he wanted to go on (Page Seven, Regular Meeting, Euless City Council, November 26, 1974) IX GENERAL DISCUSSION Mr. Copher inquired if the committee ap- pointed for solving foot traffic at South Euless School with side walks from South Main to Huntington Drive along East Huitt have submitted a report. Mr. Sustaire stated that he has instructed Jack Bullard to check into this problem and report to him as soon as possible. Mr. Schumann, 1018 Irion Drive stated that he would I i ke the City to put some type of barracade where the drainage ditch goes under North Main Street. Approximately one year ago he had to save a little girl that was caught in the ditch during a hard rain and barely saved her before she went under North Main Street. Mr. Sustaire stated he would meet with the City Engineers and report back to the Counc i1 . Mayor Krause instructed hir. Sustaire to send a letter to Mr. Schumann explaining his findings. Mr, Copher stated he has had several requests from residents of Trailwood Addition to have a small black top area where children can go through from Trailwood Addition to Lakewood Drive to be used for bicycles or foot traffic. He inquired if' it would be possible to obtain the temporary easement from property owners in order to put in this walk through. Mr. Copher further stated they have a similar situation on East Alexander Lane to Cullum Drive to reroute some traffic, The rerouting of foot traffic and bicycles to South Main would be easing the traffic situation on East Huitt. Mr. Copher inquired if it would be possible to extend Marlene Drive into West Park VVEy with a temporary easement to grade up the road into a two lane gravel road. Mr. McFarland stated the City would need a permanent easement in order to build the two lane gravel road, but a temporary easement was all that would be required for bicycles. Mayor Krause instructed Mr. McFarland and Mr. Sustaire to check into this matter and report back to the Council. Mr. George Schumann inquired if the City was doing anything about the houses owned by J. Piner Powell. His houses .are in very bad shape and a disgrace to the neighborhood. Mr. McFarland stated the City is in the process of taking legal action. Mrs. Eberhart inquired if the City had received a written statement on the Commissioners Court finance help on Little Bear Creek Bridge. 17 (Page Eight, Regular Meeting, Euless City Council, November 26, 1971+) Mayor Krause stated he has received a letter from Dick Lewis authorizing $75,000 for the bridge - $25,000 to move the old bridge and $50,000 for the construction of the new bridge. Mrs. Eberhart inquired -if the City could allocate some money or some funds. to assist the Bi- Centennial Committee in some money making projects. Mr. Copher moved to allocate the Bi- centennial ,Committee $1,000 to assist them in their projects. Mr. Ozebek seconded the motion and the vote i s as follows: Ayes; Messrs. Copher, Ozebek, Samuels, Wright, and Mrs. .McCormick Nays: None Mayor Krause declared the motion carried. X CHRISTMAS DAY ,PRAYER VIGIL FOR MIA'S , .Marshal1 Campbell stated that he requests use of the City flag pole and court yard on Christmas day in.order to have a MIA prayer vigil. He stated they will raise the flag with honor guards and after the services have the National Anthem and lower the flag to half staff. He further stated they would invite families-of MIA's to attend this ceremony. Mr. McFarland stated the City needs to know about traffic control. Mr. Sustaire stated he would meet with Mr. Campbell on the traffic control and work with him. Mr. Campbell stated he would 1 ike to have the names of all MIA's from Euless on a scroll and have it displayed in a publ ic place. ADJOURNMENT ATTEST: /s/ Della Houy City Secretary XI The City Council adjourned at 9:25 p.m. .APPROVED /s/ A. C. Krause Mayor