HomeMy WebLinkAbout1978-04-25Regular Meeting
Euless City Council
April 25, 1978
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. Other members present were Messrs.
Raymond Ozebek, Charles Hunt, Glenn Walker, Robert Pippin, and Mrs. Willie
Mae McCormick.
Also present were City Manager W. M.
Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City
Engineer B i 1 1 Flowers, and Assistant City Manager John Lynch, IV.
VISITORS
Visitors in attendence were Messrs. W. G.
Ragley, Winn Porter, B i 1 1 Byers, B i l ly Owens, Dan Burger, Randy Toomer,
Jay H. Theder, Harold Copher, B . R. Heath, Jim Ki 1 1 ion, B i l l Pasteur,
Neal Adams, Gary Johnson, Neal Blanton, J. B. Sandlin, John Barfield, David
Crow, George Winter, Don Perkins, Rick Barnes, and Mac Coker; Mesdms. Dawn
Cummings, Geneva Armstrong, Christie Smith, Sharon Walker, Patsy Alcohn,
Fannie Toomer, Katie Rhine, Rita Britt, Virginia Green, Teresa Britt,
Glenda Barnett, Martine Trafton, Martha J. Head, Zella Stierwalt, Fran
Powers, and Drende K i l l i o n .
INVOCATION
The invocation was given by Mr. John
Lynch, IV.
APPROVAL OF MINUTES
The minutes of the regular meeting dated
April 11, 1978 were approved as written.
PRESENTATION OF PETITION
Mr. Jay Theder, 205 Oak Lane, stated that
he would like to present a petition, with the names of two hundred twenty
(220) citizens, for the reinstatement of Mr. Frank Lindsey as Park and
Recreation Director or another position with the City at the same pay scale.
He stated that Mr. Lindsey has done an outstanding job as Park and Recreation
Director and the proof of this statement is in the improvements of our parks.
Mr. Theder presented the petition to Mayor Samuels and stated he requests
some action taken on the part of the Council.
(Page Two, Regular Meeting, Euless City Council, April 25, 1978)
Mr. McFarland read petition dated April
17, 1978, addressed to Blackie Sustaire, City Manager, Harold Samuels,
Mayor, and City Council of Euless, as follows:
"Recently you terminated Mr. Frank Lindsey, Park and Recreation
Director of this city. Citizens of this City have been very
proud of the work Mr. Lindsey has accomplished and feel a
bewilderment at losing such a fine, devoted, capable public
servant. Ve feel very strongly that serious thoughts of
reinstating Mr. Lindsey is in order. The reasons given for
his dismissal seem hardly adequate for the loss of his job.
Reasons given to us have been:
1. He could not delegate.
2. He could not handle his emploees.
3. His employees disliked him.
4. His physical health.
5. A City Council member wanted him removed
so the City Manager had to remove him.
These reasons seem very small and petty to use for his
dismissal. The manner in which Mr. Lindsey was terminated
is hardly what one would expect from a group of dignified
officials who are our city government. Many feelings of
dissatisfaction are being felt. V' feel our city government
has a moral obligation to the city employees and to its
citizens. It would seem in talking to the officials no one
wanted or approved of the dismissal of Frank Lindsey and yet
he has been removed.
V' ask first that you reconsider his removal and return his
job to him. He is a capable man and trained for this partic-
ular position. His knowledge of the position and his loyalty
and caring for the welfare of the city can not be readily
filled by someone new. V' feel his dismissal was somehow for
a political reason or petty reasoning on the part of the group
responsible for the firing of Mr. Lindsey which leaves us
feeling a loss of faith in th s judgement and the future judge-
ments of the one's responsible for the action taken.
If through your investigation you cannot see fit to reinstate
Mr. Lindsey to his former pos tion we ask you to even give him
a higher position in the city such as a consultant in the areas
he has been trained to do. With the same pay scale he has been
receiving as Park and Recreation Director.
V' ask this in a prayerful manner. V' have done a great deal
of praying about this and we feel strong in our :convictions
about moral obligations and a difference of right and wrong.
Page Three, Regular Meeting, Euless City Council, April 25, 1978)
V' feel Frank Lindsey has not been treated fairly. V' would
like for you to see that he is treated fairly. This type of
treatment of him can do great harm to our city. We pray you
will listen as we have told you in this letter how we feel.
V' want to feel confident you will do one of the two requests
made above.
The City Council did hire the City Manager, but the citizens
elected the City Council members. This gives us the right to
ask this of the city. The names in which you see on this
petition are only a portion of the people who disapprove of
the removal of Frank Lindsey and the way the removal was
handled.
V' would like to impress upon you the urgency of this being
taken care o f . A lengthy delay of your decision w i l l lead
some to feel a weakness on the part of our city leaders."
Mayor Samuels presented the petition to
the City Secretary for the official record.
Mayor Samuels inquired if there was anyone
else in the audience who wished to speak on the petition.
Mayor Samuels stated that item 5 on the
petition is of great concern of him because it is in direct violation of
the City Charter and because of that he is going to ask each Councfl member,
for the public record, if they had, in any way, any influence on the removal
of Mr. Lindsey - Mr. Pippin, "I did not" - Mr. Walker, "Idid not" - Mr:.
Hunt "None what so ever" - Mr. Ozebek, "I have not" - Mrs. McCormick, "No" -
Mayor Samuels "I have not ". Mayor Samuels stated that any influence the
other direction would also be a violation of the City Charter. He asked
if any of the City Council members, either through this petition or a
private meeting, tried to influence the City Manager's decision? Mr.
Pippin, "I have not - Mr. Walker, "I have not" - Mr. Hunt, "Not at a11"
Mr. Ozebek, "I have not" - Mrs. McCormick, "No" - Mayor Samuels, "he had not ".
Mayor Sanuels asked the City Attorney to
explain the legal position of the Council.
Mr. McFarland stated. that at the April
11, 1978, meeting there was raised a request that the Council consider some
action to reinstate Mr. Lindsey. He stated that at that meeting he, as
City Attorney, called to the attention. of Mr. Theder _and others present and
the Council, a portion of the Charter that determines and indicates- the
authority of the Council in an area of this type. Mr. McFarland aaain read
Article V, Section 4, of the Euless City Charter, -ikich was accented and
approved by the citizens of Euless at a referendum election.
(Page Four, Regular Meeting, Euless City Council, April 25, 1.978)
The Council Shall Not Interfere in City Manager's Appointments or
Removals .
Neither the Council nor any of its members shall direct or request
the appointment of any person to or his removal from office by the
City Manager or by any of his subordinates, However, the Council
may consult and advise the City Manager, make inquiry regarding
the appointments or removals and may express their opinion in
regard thereto. In regard to administrative and executive duties
under the City Manager, the Council and its members shall deal
solely through the City Manager'and neither the Council nor any
member thereof shall give orders to any subordinate of the City
Manager, either privately or publicly. Willful violation of the
foregoing provisions of this Charter by any member of the Council
shall constitute official misconduct and shall authorize the
Council by a vote of a majority of its membership to expel such
offending member from the council if found guilty after a public
hearing, and thereby create a vacancy in the place held by such
member.'*
Mr. McFarland stated that for any Council member to request or direct the
reinstatement of Mr. Lindsey would be a malfeasance in office, subject to
removal from the Council.
Mr. McFarland read the public statement
of Mr, Sustaire, as follows:
"Memorandum to Mayor and City Council Members, April 25, 1978,
Removal of Frank Lindsey as Recreation Di rector.
In light of the recent public concern and City Council in-
quiries regarding the removal of Frank Lindsey as Recreation
Director for the City of Euless, I have reviewed the matter
.in- depth, and 1 have satisfied myself that the action taken
was appropriate and was necessary for the timely and orderly
operation of the Park and Recreation Division of the City of
Euless. Reinstatement wi 11 be considered no further, and
there w i l l be no future .connection between Frank Lindsey and
any area of our Park and Recreation Department. No further
i n q u i r y is being made by the Manager's Office, nor w i l l any
additional statements be forthcoming from me. 1 understand
that the question was raised at the last Council meeting to
make public in detail the reasons for Frank's removal. This
information has been given to frank and to the Council and
will be covered in greater detail with the Council at its
request, but I do not plan to make any further public state-
ment concerning the basis for mfr action.
As you are aware, I have been unsuccessful in numerous at-
tempts to contact Frank. I have talked to his wife on two
occasions and Frank should be aware of mgr urgent desire to
meet with him. I told Mrs. Lindsey of mfr intention to dis-
(Page Five, Regular Meeting, Euless City Council, April 25, 1978)
cuss other positions within the. City with Frank. To rry know-
ledge he has made no attempt to contact rre concerning this
matter.
In, conclusion, I have invested over twenty years of mfr life
as an employee of the City of Euless. During this time
have developed an extremely close relationship with this com-
munity, and therefore it is rry number one objective to do what
is best for the City of Euless.
(Copies of petition and Mr. Sustaire's statement on file in Council Exhibits
in Office of City secretary.)
Mr. George Winter, 206 Shelmar Drive,
Euless, stated his name appears on the petition that was presented earlier.
He stated that afterreading the petition, reviewing the facts that he had
at the time, he felt it is his duty to sign the petition. He stated that
after signing the petition he felt there should be additional information
that was certainly available and he made an effort to contact various mem 0
bers of the Council. He stated he talked with Mr. Ozebek, Mr. Hunt, Mayor
Samuels, and Mr. Sustaire on Saturday. He stated that he has determined
that the facts that were presented in the Sunday edition of the Mid - Cities
Daily News were indeed supported by everybody that he talked to, and he
doesn't think that Mr. Sustaire has acted in any fashion other than we,
as citizens of this city, would expect him to act as a City Manager. He
stated that if indeed Mr. Lindsey's performance in his job has created
problems in budget control, personnel, and other matters, he would expect
Mr. Sustaire to arrive at no other conclusion than the one he has arrived
at and he would expect the City Council to support him. He stated he does
regret that the initial statement of Mr. Lindsey's dismissal did not include
substanting reasoning for this dismissal. He stated he understands
that this is due to Mr. Sustaire being out and the Council and other members
of administration not being present at the time. He stated he believes a
review board, consisting of members of the City and Council, review dis-
missals of personnel in positions of responsibility in various departments.
He stated that this could have elimin.ated a great deal of controversy that
has surfaced. He stated that he hopes that the future handling of the parks
and recreation area o f our government w i l l go as it has in the past, that
people wi l l come forth and put forth their efforts to this. He stated that
he hopes people can recognize the problems on both sides of the issue and
realize that what has been done doesn't mean that we are going to have to sacrifice
what has been done in the past in the parks and recreation, that we can
move forward with the plan that has been laid out, with or without Frank
Lindsey, no member of the City staff is indispensible, we have to go for-
ward. Mr, Winter stated he hopes the City can find a place for Mr. Lindsey
to utilize the expertise that he has.
Mayor Samuels inquired of the City Manager
if a I I employees, except the department heads, are covered under C i v i l
Service?
(Page Six, Regular Meeting, Euless City Counci l , April 25, 1978)
Mr. Sustaire stated yes, that department
heads are exempt from C i v i l Service coverage, and department heads who have
worked their way up through the ranks are automatically reduced to the
position they held prior to being promoted to department head level, if they
are ever demoted.
Mr. Hunt inquired if the department heads
were not covered under Civil Service prior to the adoption of the present
rules and regulations?
Mr. Sustaire stated yes, but the Federal
Civil Service Commission came to Euless and rewrote our Civil Service Rules
and Regulations to be in compliance with the law, and department heads were
excluded.
Mr. David Crow, 107 Shadow Lane, stated
that it seems that there is one man running the whole show, and he doesn't
think Mr. Lindsey got a fair deal, He stated he has served as an alternate
on the Civil Service Commission and has been called only one time since he
has been appointed. He stated he feels the Council should write strict
requirements for the job of City Manager for the City of Euless.
Mayor Samuels stated that the Council has one
of two choices under the City Charter; the Council cannot interfere with the
decision, but they can remove the City Manager, and he does not feel the
Council desires to do this, and so there is no additional action to be taken.
Mr. Theder stated that the Council can not
tell the City Manager who he can hire or fire according to the City Charter,
but they hired the City Manager, and they can fire him and they can also hire
anyone else and give him any other position in the City that they desire.
Mr...- McFarland stated that the Council has
the authority to appoint only those positions listed in the City Charter.
PUBLIC HEARING - ZONING CASE NO. 266 -
REQUEST OF VANTAGE COMPANY FOR CHANGE OF
ZONING FROM "PD" PLANNED DEVELOPMENT TO
"C -2 " .COMMUNITY BUSINESS, ON. A .
PORTION OF TRACT AR, WILSHIRE VILLAGE SQUARE
Mayor Samuels opened the public hearing on
Zoning Case No. 266, request of Vantage Company for change of zoning from
"PD" Planned Devleopment to "C -2" Community Business District on a portion
of Tract AR, Wilshire Village Square, and recognized Mr. Mac Coker.
Mr. Coker stated that he is representing
Vantage Company. He stated that this particular property consists of four
(Page Seven, Regular Meeting, Euless City Council, April 25, 1978)
(4) acres and is located on the corner of Wilshire Drive and the access road
of Spur 350. He stated it joins approximately 37 acres of "C -2" zoning that
Vantage also owns and he i s hoping the C i t y Council w i l l concur with the
Planning and Zoning Commission and rezone the property "C -2" so the com-
mercial zoning w i l l continue to Wilshire Drive. He stated they are construct=
ing a wholesale /retail operation for a nursery /greenhouse that will be in
operation almost immediately. He stated they are going to install the sewer
line northward from the south property line.
Mr. Hunt stated that in some areas where
there are greenhouses or nurseries, sometimes the area becomes unsightly
because of the litter, and he was wondering what provisions were being made
to prevent this.
Mr. Coker stated that he assumes the City
will handle that with their sanitation and city codes. He stated that in
the zoning ordinance, wholesale/retail nursery is provided in "C -2" zoning
and plans a screening fence along the south side of the property, and
there may be a screening fence along the east property line, but in regard to
Iitter and accumulation of cans, etc., he assumes it will be handled as any
other litter situation in the City of.Euless.
Mr. Hunt stated that Mr. Coker said that in
a l l likelihood there would be a screening fence on the east side of the
property end he was wondering if a screeening fence is not planned along there
now.
Mr, Coker stated not at this time because
the property is zoned "C -2" and the only way a screening fence would be in-
stalled would be if the property was rezoned for residential development.
Mr. Lynch stated the ordinance calls for
a screening fence between commercial and residential property, and if the
property to the east stays commercial, a screening fence w i l l not be required.
Mayor Samuels inquired if there were any
other proponents; there being none, he inquired if there were any opponents.
There beiog none he declared the public hearing closed.
Mr. Walker moved to concur with the
recommendation of the Planning and Zoning Commission and approve the request
of Vantage Company for change of zoning from "PD" Planning Development to
"C -2" Community Business District on a portion of Tract AR, Wilshire Village
Square on first reading of ordinance..
Mrs. McCormick seconded the motion and the
vote is as follows:
Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Hunt, and Ozebek
Nays: None
Mayor Samuels declared the motion carried.
(Pane Fight Regular Meeting Fuless City Council April 75_ 1978)_
CONSIDER BIDS FCR REMODEL,' NG
CITY HALL - DSA, INC.
Mr. Lynch stated the City received bids
for the renovation of City Hall, and Randy Toomer, superintendent of the
Public Safety B u i l d i n g Project and w 1 1 1 be acting as project manager on the
remodel project.
Mr. Toomer presented the bids for the
renovation of the municipal building and DSA' recommendation for awarding
the bids. Mr. Toomer stated that the total project cost is $176,365.00.
M r . Toomer stated that i f the bids are approved a t thismeeting, they w i l l
begin work on Monday, May 1 , 1978. He stated the renovation w i l l be done
in two phases, the south half will be phase one and when it is completed
the employees w i l l move i n t o the south portion of C i t y H a l l and they w i l l
complete Phase II, which will be the north portion. He stated they
anticipate completion within six (6) months.
Mr. Sustaire stated that the staff
recommends app- oval of the recornmendations of DSA.
Mr. Pippin inquired if there is a con-
flict of interest with Winns Custom Woodwork since Mr. Porter is a member
of the Planning and Zoning Commission.
Mr, McFarland stated there is nothing in
the City Charter that restricts board members from bidding on city jobs.
Mr. Ozebek inquired concerning the bids
submitted for electrical work.
Mr. Toomer stated that DSA doesn't always
recommend the lowest bid. He stated the bid they accepted is a cost not to
exceed bid, which is the highest possible charge the contractor can charge
for the job. He stated the contractor w i 11 go on a time and materials not
to exceed bid, which is what is needed on a remodeling contract.
Mr, Hunt moved to concur with the recom-
mendation of the City Manager and approve the bids as recommended by DSA,
Inc.
Mr. Ozebek seconded the motion and the
vote is as follows:
Ayes: Messrs. Hunt, Ozebek, Walker, Pippin, and Mrs. McCormick
Nays; None
Mayor Samuels declared the motion carried.
(Copies of bids on file in Council Exhibits in Office of City Secretary.)
(Page Nine, Regular Meeting, Euless City Council, April 25, 1978)
IV.
CONSIDER ORDI NANCE CLOSING A PORTION CF
MINTERS CHAPEL ROAD WITHIN D /FW AIRPORT
PROPERTY
Mayor Samuels stated that he would recommend
that the Council make the closing of Minters Chapel Road contingent on the
opening of Glade Road so the citizens of Euless would have a direct access
into the airport.
Mr. Bob Heath, Project Planner, Dallas/Fort
Worth Airport, stated they have been studying the possibility, regarding cost,
etc., associated with opening of Glade Road; • however, management has not
agreed to open Glade Road at this time. He stated the City should receive
some correspondence shortly concerning a meeting with the airport officials
and he bel ieves the opening of t h i s road w i l l be discussed.
Mayor Samuels stated that the Council is
very excited for the community to have such a facility available, but many
of our citizens and citizens of neighboring communities that work at the
airport, use the west entrance to get to the airport.
Mr. Ozebek inquired what direction access
to the complex w i l l be from?
Mr. Heath stated that access to the complex
will be off South Airfield Drive, down the northern portion of existing
Minters Chapel Road.
Mayor Samuels stated that if Glade Road
were opened, there would be better access .to: the airport.-
Mr. Heath stated that if Glade Road were
opened it would interfere with future cross -wind runways.
Mr. McFarland stated that his recollection
is that the City did close Glade Road at the request of the airport, and if
the airport agrees to open Gtade Road, for in and consideration of the City
closing Minters Chapel Road, and unless Glade Road is rededicated to the
public, the airport can close it without Council action. He inquired when
the airport intends to close Minters Chapel Rced.
Mr. Heath stated it would be six to eight
months before the airport would close Minters Chapel Road.
Mrs. McCormick stated that since the Mayor
w i l l be attending a meeting on May 19, 1978, with airport officials, she
would move that the Council table the approval of the ordinance until the
Council meeting on May 23, 1978.
Mr. Pippin seconded the motion.
(Page Ten, Regular Meeting, Euless City Council., April 25,1978)
Mr, Hunt stated that if the road is closed
and the City is not provided with any other access from the west, it would
be an inconvenience to a lot of people in our town.
Mr. Sustaire stated that he had been in-
formed that the agreement to open Glade Road had already been agreed to by
the airport. He further stated that it would be a temporary action and at
the time of the opening of the runway it would have to be closed.
Mayor Samuels stated that the City could
take Glade Road back as a dedicated area for a specified time to relieve
the airport of any liability.
Mr. McFarland stated the two governments
could enter into an agreement that Glade Road be opened until both entities
agree on closing the road.
MR. A. C. Krause stated he would like to
enter a very strong plea to have something in the ordinance that would
include another access from the west. -
The vote on Mrs. McCormick's motion is
as follows:
Ayes : Mrs. McCormick, Messrs. Pippin, Walker, Hunt, and Otebek
Nays: None.
Mayor Samuels declared the motion carried.
v.
CONSIDER APPOINTMENTS TO THE CITY'S
BOARDS AND COMMISSIONS
Mayor Samuels stated that the Council met
in a work session, with all Council members present, on Saturday, April 22nd
to discuss the financial status of the City and appointments. He further
stated that the list of appointments is not completed since the Council did
not have applications for a I I the boards. Mayor Samuels read the l i s t of
appointments, as follows:
PLANNING AND ZONING COMMISSION
John Deithloff
J. Chris Jones
Carl Tyson
Bob Eden
Neal Adams
Fi 11- Unexpi red Term
1978 =1979
1978-1980
1973 -1980
1977 -1980
1976 -1980
(Page Eleven, Regular Meeting, Euless City Council, April 25, 1978)
LIBRARY BOARD
Mrs, Dotty Ragley
Mrs. Terry Wieneke
Mrs. Evelyn Perkins
1974 -1980
1978 -1980
1976 -1980
ZON I NG BOARD CF ADJUSTMENT,
William Dorsey 1978 -1980
George Winter 1974 -1980
W. J. Hyde 1978 -1980
Don Calhoun(Alternate) 1977 -1980
Bill Pasteur (Alternate) 1978 -1980
PARKS AND RECREATION
Billy Owens
Winn Porter
Matt Cushing
1978 -1980
1978 -1980
1978-1980
COUNCIL FCR SOC IAL CONCERNS
Mrs. Fran Powers
Mrs. Zel is Stierwalt
Mrs. Peggy M i l lender
1975 -1980
1976 -1980
1978-1980
PLANNING COUNCIL CF THE FORT
Vu7RTH MANPOWER CONSORTIUM
Paula Wilson
HOSPITAL AUTHORITY
Mrs. George C o h i l l
Rev. Richard Penna
1973 -1980
1978 -1980
TRA CENTRAL WASTE WATER TREATMENT
SYSTEM ADVISORY COMMITTEE
Mrs. Willie Mae McCormick
Harold Samuels - Alternate
JOINT AIRPORT ZONING BOARD
W. G. "Bill" Fuller
Harold Samuel s
Bob Pippin
FORT Vu7RTH CHAMBER CF COMMERCE
METROPOLITAN HIGHWAY COMMITTEE
Charles Hunt
(Page Twelve, Regular Meeting, F'iless city Co'incil, April 25, 1.978)
STREET NAMING COMMITTEE
Frank Douglass 1976 -1980
Neal Adams 1976 -1980
Mrs. Mary Lou Davis 1978 -1980
Harold Samuels - Alternate 1978 -1980
HEB CHAMBER OF COMMERCE GOVERNMENTAL BOARD
Don Perkins
James Day
ments as read.
vote is as follows:
1977 -1980
1977 -1980
Mr. Walker moved to approve the appoint-
Mr. Pippin seconded the motion and the
Ayes: Messrs. Walker, Pippin, Ozebek, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
ELECTION CF MAYOR PRO TEM
Mr. Walker moved to elect Mrs. Willie Mae " 4
McCormick as Mayor Pro Tem.
Mr. Ozbek seconded the motion and the
vote is as follows:
Ayes: Messrs. Walker, Ozebek, Pippin, and Hunt
Nays: None
Abstains: Mrs. McCormick
Mayor Samuels declared the motion carried.
VI .
AUDIENCE REQUESTED BY TARRANT COUNTY
AND FORT VVORTH BUILDERS ASSOCIATION
REGARING UNDERGROUND UTILITIES -
MESSRS. J.B. SANDLIN AND JOHN BARFIELD
Mr. J. B. Sandlin,. 405 Woodbriar Court,
Bedford, stated he is present to talk about the City's ordinance requiring
underground utilities. He stated that his organization has pledged every-
thing in their power to hold costs down on the construction of homes and
they feel that the ordinance that requires underground utilities is not for
the health, safety and welfare of the citizens of Euless, but an added
expense that the developer and home builder is passing on to the home buyer.
(Page Thirteen, Regular Meeting, Euless City Council„ April 25, 1970
Mr. Sandlin passed out a comparison report of underground vs. overhead
electric installation costs to members of the Council. Mr. Sandlin
reviewed the comparison cost of the underground vs, overhead utilities.
He stated it usually takes sixty to ninety days to install the underground
utilities, and requires a ten (10) foot easement that has been cleared,
whereas they can put in overhead lines immediately. He stated he is re=
questing the Council have a public hearing to change the ordinance requir-
ing underground utilities.
Mayor Samuels inquired if the ten (10)
foot easement is a hard fast rule?
Mr. Sandlin stated their contract with
Texas Power and Light states a cleared ten (10) foot easement.
Mayor Samuerls stated that Mr, Sandlin
mentioned extra delay and inquired what causes this?
Mr. Sandlin stated that Texas Power and
Light's manpower, that it takes longer; to install underground utilities
than overhead utilities.
Mr. Pippin inquired if the fourteen (14)
percent as indicated in the comparison report, is passed on to the home
buyer?
Mr. Sandlin stated that it is.
Mr. Pippin inquired if they have a
comparison in Euless?
Mr, Sandlin stated no because they haven't
done any developing in Euless.
Mr, John Barfield, 406 Louella, Hurst,
stated that the total cost went up fourteen (14) percent last year, but the
cost could go up twenty (20) percent by the end of this year.
Mayor Samuels inquired if they have
developed in any c i t y where they have a duel type of ordinance on u t i l i t y
1 ines?
Mr, Barfield stated that Hurst does not
have an ordinance requiring underground utilities, but in some developments
the developer wants underground ut it ities because it wi 11 benefit the
developer and the development.
Mr. George Winter stated that Mr. Sandlin
stated that overhead utilities are put in by Texas Power and Light at no
extra cost to the developer and he knows the cost of the poles, and he
can't see where the underground cost more than overhead lines.
(Page Fourteen, Regular Meeting, Euless City Council.,_ April 25, 1978)
Mr. Sandlin stated that Texas Power and
Light does not charge the developer for overhead lines.
Mr. Winter stated he has lived in a
subdivision eight (8) years with the underground utilities and he has never seen
a trenching machine digging up the lines.
M r . B i l l Pasteur , 1900 Trailwood, stated
he has spoken on this subject previously and he would like to see this
ordinance abolished. He stated the ordinance sooner o r l a t e r w i l l be
resended because of the cost involved. He stated it is his understanding
that Texas Power and Light must hire independent contractors to install the
underground utility lines. He stated the City is requesting the developer to
spend a maximum amount of money to gain a minimum amount of results. He
stated he is beginning new developments in Euless and he would l i ke to see
the change before he submits his plans for approval.
Mr. Gary Johnson, Manager of Texas Power
and Light, stated they work hand and hand with the "developer and the City.
Council. He stated that Texas Power and Light enters into an agreement with
the developer for underground utilities, and they do require a ten (10) foot
easement, but they do not state that trees be cut down. He stated they do have a
manpower problem, but they are geared to go overhead as well as underground,
and it makes no difference to them, they just want to go to work.
Mr. Johnson stated that the current
electric rates are based on overhead installation, and the cost the developer
pays is the difference between the overhead lines and the uaderground lines.
He stated the cost is going up because of inflation and they want to work
with everybody and he hopes the Council wi l l put this to rest.
Mr, Pippin inquired i f there are delays
in construction of overhead lines as well?
Mr. Johnson stated yes, because they have
to have signed contracts on these. He stated a l l contracts and rates are
based and geared on overhead lines and in underground there are more delays,
because of a different contract.
Mayor Samuels inquired if there were
additional delays in underground lines?
Mr. Johnson stated he couldn't answer that.
Mr. Hunt inquired the majority of the
delays that appear to be attributed to TPE„L are caused by the lack of lead
in time that is given by the builder?
Mr. Johnson stated no, that in•this
instance there were two sides to the story. He stated there were many times
(Page Fifteen, Regular Meeting, Euless City Council, April 25, 1978)
where there is not any delays.
Mr. Hunt inquired if the developer would
not have to give additional lead in time on underground lines?
Mr.. David Crow statedthat if the over-
head lines don't cost anything, how much more is it going to cost TP &L to
put in underground?
Mr. Johnson stated that the only invest-
ments TP &L has in underground lines is the cost of putting in overhead lines.
Mayor Samuels stated that if any changes
are to be made to the ordinance, the Council members think a public hearing
should be he1d.
Mr. Ozebek moved to set May 23, 1978, as
the date for the public hearing on underground u t i 1 ities.
Mr. Walker seconded the motion and the
vote is as follows:
Ayes: Messrs. Ozebek, Walker, Pippin, and Mrs. McCormick
Nays: Mr. Hunt
Mayor Samuels declared the motion carried.
VII.
CITY ENGINEER'S REPORT
Mr. Flowers stated the City still does
not have a contractor on the project on North Main Street. He stated the
contract for phase one was for 180 days left and the second phase was for 150
days; the contractor has 110 calender days left and that is sufficient time
to complete the project. I-fs stated the contractor has assured him that they
wi I I be on the job on Monday. He stated the conversations with the con-
tractor are documented in writing; that this is a reputable firm, and he
t h i n k s they w i l l produce, but he can't see how they can go much longer
without the possibility of accumilating some liquidated damages.
(Pape Sixteen, Regular M etin`g, Euless City Council, April 25 -1978)
AD3OURNVENT
meeting adjourned at 10:15 p.m.
ATTEST :
/s/ Della Houy
City Secretary
VIII.
There being no further business, the
APPROVED:
/s/ Harold D. Samuels
Mayor