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HomeMy WebLinkAbout1978-09-26 (special called)Executive Session Euless City Council September 26, 1978 Mayor Harold Samuels called the Euless City Council into executive session at 6 :40 p.m., at Dunston's Steak House. Other members present were Mrs. W i l l i e Mae McCormick, Messrs. Raymond Ozebek, Charles Hunt, Robert Pippin, and Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and Assistant City Manager John Lynch, IV. Mayor Samuels stated the executive session was called to update the Council on the status of the Croisdale and Houston lawsuits. lawsuits. Mr. McFarland reviewed the status of the two A discussion followed. I t was the consensus of the Council t o authorize the C i t r Attorney to ( -a plore and contract for settlement, if possible, not to exceed $),000 in the Croisdale lawsuit. Ayes: Mrs. McCormick, Messrs. Walker, Pippin, and Ozebek Nays: None Abstain: Mr. Hunt Mr. McFarland asked if he abstained because he may be a party in the lawsuit since he owns property across the street from the Croisdales. Mr. Hunt replied yes. Mrs. McCormick asked Mr. Hunt if he would have voted yes if he had not abstained for the above reason. Mr. Hunt replied yes. The Mayor adjourned the executive session at 7:25 p.m. Mayor Samuels recalled the Council into executive session at 9:40 p.m. for further discussion on the Croisdale and Houston lawsuits. (Page Two, Executive Session, Euless City Council, September 26, 1978) A discussion followed. I t was the consensus of the Council to authorize the City Attorney to negotiate to a maximum of $7,500 for both the Croisdale and Houston lawsuits. Mayor Samuels recessed the executive session, subject to recall by the Mayor, at 9:55 p.m. APPROVED: /S/ Harold D. Samuels Mayor ATTEST: Isl Della Houv City Secretary Regular Meeting Euless City Council September 26, 1978 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:00 pm, in the Council Chambers of Euless City Hall by Mayor Harold Samuels. Other members present were Mrs. v1i11ie Mae McCormick, Messrs. Raymond Ozebek, Charles Hunt, Glenn Walker, and Robert P ipp in, Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, City Engineer Greg Dickens, and Assistant City Manager John Lynch, IV. V ISITORS Visitors in attendence were Messrs. Don Perkins, Denzel R. Goode, Glen Goode; Bobby Baker, C. M. Tomlinson, Gary N. Johnson, W. G. Ragley, David C. Hughs, Jr., and Bob Eden; Mesdms. Elden Mack, Robert Baker, C. M. Tomlinson, Judy Burns, Myrtle Hall, Felicia Bond, and Mary Jane Spencer. INVOCATION The invocation was given by Mrs. Willie Mae McCormick. APPROVAL CF MINUTES The minutes of the regular meeting dated September 12, 1978, were approved as written. REPORT FROM FAMILY SERVICE Mrs. Ellen Mack, Board President of Family and Individual Services Association, stated she would like to recognize Mayor Pro Tem Mrs, Willie Mae McCormick, who has been a very active, interested and responsible member of the Board up until this year, and she has helped convey the story to them and they have enjoyed working with the City of Euless. Mrs. Mack stated that the City of Euless contributes $5,000 plus the housing and utilities for the facilities in Euless. Mrs. Mack'reviewed the work of the service and then presented a statistical report on casework activity for 1977 compared with the period of January 1, through August 31, 1978. Mrs. Mack expressed her thanks and appreciation for the City's participation in the project in Euless. a.v (Page Two, Regular Meeting, Euless City Council, September 26, 1978) Mrs. McCormick stated the program and association is very interesting and worthwhile. Mayor Samuels thanked Mr. Good and Mrs. Mack for presenting their report to the Council. CONSIDER SECOND AND FINAL READING CF ORDINANCE NO. 554 REZONING LOT 26A, ALEXANDER -CULLUM ADDITION FROM "R -1" SINGLE FAMILY D \ELLI NG DISTRICT TO "R -2" TWO- FAMILY DWELLING DISTRICT - ZONING CASE NO. 271 Mr. Ozebek moved to approve second and final reading of Ordinance No. 554, rezoning Lot 26A, Alexander - Cullum Addition from "R -1" Single Family litwel l ing District to "R -2" Two - Family Dwelling District. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Pippin, Walker, and Hunt Nays: None Mayor Samuels declared the motion carried. CONSIDER FINAL PLAT - TRAIL LAKE ESTATES 1ST INSTALLMENT Mr. David Hughes, Consulting Engineer with Elliott & Hughes, stated he is representing Trail Lake Development Corporation, 1st installment. Mr. Hughes introduced Mrs. Mary Jane Spencer and Mr. Bob Eden, developers of Trail Lake Estates. Mr. Hughes stated there is seventeen acres in this development, and it is situated west of Trailwood Addition and north of Lakewood Addition,. He stated phase one consists of thirty -nine single family residential lots. He stated this plat was recommended for approval by the Planning and Zoning Commission. M r . Hunt i n q u i r e d i f t h i s development w i l l have overhead or underground utilities? Mr. Eden, 215 West Euless Blvd., stated they w i l l comply with the City ordinance. (Page Three, Regular meeting, Euless City Council, September 26, 1978) Mr. Lynch stated that the lots abutting the development with overhead. utilities will have overhead utilities and the remainder of the development wi 11 have underground utilities. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Trail Lake Estates, 1st installment. Mr. Hunt seconded the motion and the vote . ia as follows: Ayes: Mrs. McCormick, Messrs. Hunt, Ozebek, Walker, and Pippin Nays: None Mayor Samuels declared the motion carried. IV. CONSIDER REPLAT OF LOT 5R, BLOCK 10, HUNTINGTON PLACE ADDITION - REQUEST OF MR. CHESTER M. TOMLINSON Mr. Chester Tomlinson, 828 Atkerson Lane North, stated he is the owner of the lots in the replat. Mayor Samuels stated as he understands it Mr. Tomlinson wants to b u i l d a garage and there is not enough of room on h i s l o t and he needs to replat the two lots in order to build the garage. These two items will be on the empty lot next to the lot he presently owns. Mr. Hunt moved to concur with the recom- mendation of the Planning and Zoning Commission and approve the replat of Lot 5 and Lot 6 into Lot 5R, .Block 10, Huntingron Place Addition. 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 that motion carried. V. CONSIDER ORDINANCE NO. 555 FOR SPEED ZONES' I N T H E CITY OF EULESS Mr. Pippin moved to suspend the requirement of two ordinance readings and approve Ordinance No. 555 on an emergency basis on first and final reading. (Page Four, Regular Meeting, Euless City Council, September 26, 1978) Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Hunt, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VI. CONSIDER DC-TENDING WRECKER CONTRACT OF EULESS WRECKER SERVICE Mr. Bobby Baker, 1+05 Cullum' Drive, stated he is representing Euless Wrecker Service. and he is requesting a renewal of the wrecker contract for a period of four (4) years in order to recover his investment and continue to perform the service required by the City. Mr. Sustaire stated the present contract automatically grants a two (2) year extension and he recommends the extension for two (2) years with a two (2) year option. Mr. Walker moved to extend the wrecker contract of Euless Wrecker Service for two (2) years with a two (2) year opt ion. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, Ozebek, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VII. CONSIDER APPROVAL OF CONTRACT FOR HUD COMMUNITY DCVELOPMENT FUNDS FOR HOUSING REHABILITATION Mr. Pippin moved to approve the contract for HUD Community Development Funds for housing rehabilitation. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Ozebek, Walker, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Pape Five, Regular Meeting, Euless City Counci 1, September 26, 1978) VIII. CONSIDER APPOINTMENT TO PARK AND RECREATION BOARD TO FILL UNEXPIRED TERM Mr. Hunt nominated Mr. Harold Copher to f i l l the vacancy on the Park and Recreation Board. Mrs. McCormick nominated Mr. Jay Heilman to fill the vacancy and Mrs. Sherry Kachel 4s an alternate and Mrs. Kachel to f i l l any vacancies that may occur on the Park and Recreation Board. The City Secretary polled the Council and the vote is as follows: Mr. Copher - 1 Mr. Heilman and Mrs. Kachel - 4 Mrs. McCormick moved to appoint Mr. Jay Heilman t o f i l l the vacancy on the Park and Recreaction Board and Mrs. Sherry Kachel as an alternate and Mrs. Kachel t o f i l l any vacancies that may occur on the board. Mr. Pippin seconded the motion and the vote is as follows: Ayes: -Mrs. McCormick, Messrs. Pippin, Walker, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. IX. CONSIDER RESOLUTION AUTHORIZING THE ISSUANCE CF TRINITY RIVER AUTHORITY CF TEXAS REVENUE BONDS, SERIES 1978 Mrs. McCormick moved to approve the resolutinn authorizing the issuance of Trinity River Authority of Texas Revenue Bonds, Series 1978. Mr. Pippin seconded the motion. Mr. Sustaire stated that this is for interim financing for the initial engineering requirement to see what the actual cost of the enlargment of the p l a n t w i l l be. He stated t h i s w i l l be a sma 1 issue placed with a bank in the Dallas /Fort Worth area. The vote on Mrs. McCormick's motion is as fol ows: Ayes: Mrs. McCormiclr, Messrs. Pippin, Walker, Hunt, and Ozebek Nays: None (Page Six, Regular Meeting, Euless..City Council, September 26, 1978) Mayor Samuels declared the motion carried. X. CONSIDER AUTHORIZING THE CITY -MANAaR TO ADVERTISE FOR BIDS FOR A KIOSK FOR THE WATER DEPARTMENT AND VEHICLES FOR THE POLICE DEPARTMENT Mr. Walker moved to authorize the City Manager to advertise for bids for a kiosk for the water department and vehicles for the police department in accordance with specifications as sub- mitted by Chief Wilson. Mrs. McCormick seconded the mot on and the vote is as follo4s: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. XI. CONSIDER AUTHORIZATION FOR EMERGENCY ROOF REPAIRS ON MUNICIPAL BUILDINGS Mr. Lynch stated that at the last meeting they discussed some major roof problems at the library and the staff thinks something should be done as soon as possible to prevent structural damage to the building. He stated the City has received three proposals, as follows: Gunn & Briggs, Inc. $10,456 Perry Roofing Company 10,765 Rooftech, Inc. 13,362 Mr. Lynch " stayed the staff is recommending the low proposal from Gunn & Briggs, Inc., in the amount of $10,456. Mr. Pippin moved to concur with the recommendation of the City staff and approve the low bid proposal of Gunn & Briggs, I n c . , in the amount of $10,456, f o r a l l roof repairs in the City complex and an emergency be declared authorizing the staff to proceed. Mrs. McCorm ck seconded the motion and the vote i s as follows: Ayes: Mr. Pippin, Mrs. McCormick, Messrs. V14 ker, Ozebek, and Hunt Nays: None Mayor Samue s declared the motion carried. (Page Seven, Regular Meeting, Euless City Council, September 96, 1918,) XII. CITY ATTORNEY'S REPORT Mr. McFarland stated that the pre - council meeting included an executive session for the discussion of pending litigation involving the City and that the executive session was recessed for the formal council meeting to avoid delay and he would request the Council to adjourn into executive session after the meeting for further discussion of some devel- opments that have occurred. Mr. McFarland stated that the City was a party defendent in a $12 million anti -trust action brought against several of the neighboring cities in connection with the Surtran contract with the Dallas/Fort Worth Airport, and the city has been fully dismissed from that litigation as of Monday. CITY ENGINEER'S REPORT XI II. NORTH MAIN STREET IMPROVEMENTS Mr. Dickens stated that the status of the south portion of North Main Street is the same as was reported at the last council meeting. He stated on the north portion, the contractor has the subcontractor stabilizing the subgrade on the west side of the street between Ash Lane and Trialwood. He stated traffic has been routed over the new portion of the box culvert while the construction on the west end is underway. He stated the contractor advised him that he will continue with the lime stabil- ization on the east side as soon as the west side is complete. He stated the contractor advised him that he would begin laying curb and gutter by the first or second week in October. He stated the contractor has assured him that he will keep traffic open at all times by paving one side and then moving to the other side. Mr. Lynch stated the engineers have received several requests fo r an extension of time fo r the contract. He stated the improvements were awarded in two contracts and they both ran concurrently, that the contractor started on Phase I I first, while Phase I continued to run. He stated the biggest factor that would be involved is that the telephone and electric utilities, both of which were overhead, were in the curb line of this project. He stated that due to the utilities not being moved in time, the opinion of the consulting engineers and the staff, is that the contractor has legitimate reasons for requesting the time extension. He stated the engineers have received three requests for time extension in accordance with the contract and in accordance with the utilities not having been moved and his recommen- dation is that these be given due consideration and the time extension be granted not to exceed the time between the awarding of the contract and the date the utilities were formally out of the way. He stated they would also recommend that the Council delay award of any time extension until the project 8 (Page Eight, Regular Meeting, Euless City Council, September 26, 1978) is completed so the contractor will be encouraged to moved as rapidly as possible from this date to completion of the project. He stated the biggest delay re- cently was the curing of the box culvert. In reply to a question from Mr. Ozebek, Mr. Dickens stated that the contract on Phase I was 180 calendar days and expired on August 4, and on Phase 11 the time was 150 calendar days and this expired on August 30. Mayor Samuels inquired if the contractor w ill lay asphalt from the end of Phase 11 to Ash Lane at one time and from Ash Lane north at one time? Mr. Dickens stated he believes the contractor w ill do it in segments but will keep traffic flowing at all times. Mr. Walker stated that the contractor is already thirty (30) days over contract time, and inquired how much longer the engineers anticipate it will take him to complete the job? Mr. Dickens stated they anticipate that he w ill be complete by the middle of November. Mr. McFarland inquired if the Council does grant a n i n e t y (90) day extension f o r the reasons i n d i c a t e d by M r . Lynch, w i l l that be sufficient time for completion of the contract? Mr. Dickens stated no, that what he is requesting is ninety days and his contract was up on August 4, so the ninety days would be up November 4. Mr. McFarland inquired if what Mr. Dickens is saying is if the Council grants him ninety days now, that the contractor w ill have to request another extension before he is finished. Mr. Dickens stated yes, as the way they are discussing it now, he would probably request another extenion. Mr. McFarland asked Mr. Lynch if the contractor has indicated anything to him that if the Council acts favorably to h is request fo r extension of time, that he thinks he can complete the project within that time. Mr. Lynch stated that he hasn't talked to him personally, but his actions speak toward that, and the last letter for the request was dated August 21, and he believes that at that time the contractor had a good idea of how long it would take him to complete the project. Mr. Lynch stated that many times in projects of this nature, there is a difference between what is reasonable, (Pape Nine, Regular Meeting, Euless City Council, September 26, 1978) based on normal construction practice, and what you would I i ke to see and what seems reasonable. He stated the staff and engineer feel that the time frame involved is reasonable according to normal construction practices, He stated he feels that the amount of monetary gain that the City would receive by en- forcing the penalty clause would be minor when compared to the negative effect it would have upon contractors in general because they have a code of ethics among themselves and there could be some negative impact on construction in general in the City of Euless. He stated he wasn't saying it is a threat of anything, but it is something to be considered and they feel l i ke it should be involved in the decision that is made. Mr. McFarland stated as he understands it, the staff doesn't want the City to act now and grant the delay, but it is the position of the staff, made known to the Council, that the staff is going to recommend the extension due to the delay i n removal of the utilities and suggest the Council wait until the completion of the contract to see if the contractor wi I I complete the job within the time limit. Mr. Lynch affirmed this and further stated the City will be retaining ten percent of the contract cost from now until the time he completes the job, which should be sufficient to cover any penal- ties. He stated the reason for the delay in granting the request is so they could see him act in all diligence to complete the project. Mr. Hunt stated the contractor is request- ing fifty percent extension on his contract, and inquired if he has not drawn fifty percent of his money? Mr. Dickens stated he has not presented any requests for payment through their office. Mrs. McCormick stated she doesn't believe the City has much choice since the utilities were not moved when they were supposed to be moved. Mr. Dickens stated that Southwestern Bell did not have their lines relocated until the latter part of June or the first part of July. Mr. Lynch stated that the wording of the section in reference to the utilities being in the way could leave the door open to the fact that the contractor could ask for an adjustment to the entire contract based on the delay fro.n the time the work order was issued if the extension was not granted. Mr. Hunt stated that when you talk about negative effect you are talking about a threat and that tends to set unfavor- ably with him, in that a negative effect is nothing more than an out and out threat against the Council for holding a man responsible for a contract that he agreed to originally. He stated he believes in being reasonable but he (Page Ten, Regular Meeting, Euless City Council, September 26, 1978) does not like to hear from the staff or the engineers, information of negative effect when the Council depends very strongly on the consulting-engineers and the staff to make sure that there is no such thing in existence. He ststed it doesn't seem reasonable to him that the Council should have to consider what is going to be done to them if the Council expects a contractor to live up to his contract, Mr. Pippin inquired if the contractor has implied any such action? He stated that the way he interprets Mr. Lynch's remark is the adverse effect it could have on development in the City. Mr. Lynch stated the contractor has in no way implied anything to him, and emphasized that the staff was trying to inform the Council of all possibilities and ramifications. He stated that if the City had a legitimate contractual complaint against a contractor and didn't enforce it, it could have negative impact on the City also. He stated the staff would recommend enforcing. anything that was legitimate. Mayor Samuels inquired how the Council would feel about asking the staff to give them the exact number of days to complete the project, because the engineers indicated that delays from the utilities exceeded the ninety days that was requested. Mr. Dickens stated that the letter indicates that the relocation of the utilities was essentially complete by July 1, 1978, and the contract time began February 6, 1978, which was approximately a five month delay and a four month delay after the second contract time began. Mayor Samuels stated he would recommend that the Council table any action until the contractor is complete and maybe the contractor w i l l complete the job within the ninety day request. XIV, COMMENTS Mrs. McCormick stated that as she recalls it the Airport Board is requesting the City to close Minters Chapel Road in January, but there has not been anything done to Glade Road to make it passable.- into the airport and she wonders if anything is being done. Mr. Lynch stated the county, city and airport are in agreement to a methodof opening the road. He stated that con- tract wise, the starting date for construction is January 1, 1979, but they don't propose closing Minters Chapel Road until March or April. be stated the City is waiting on a proposal from the Airport Board, which should be received within thirty days. He stated he has been in discussion with Mr. Lyn Gregory, County Commissioner, and he indicates that the time frame would give him no major problem, that he wouldn't be able to begin working on the road until November, which would be sufficient time to complete it before Minters Chapel Road is closed. (Page Eleven, Regular Meeting, Euless City Council, September 26, 1978) Mrs. McCormick asked the City Manager to talk with the Fire Chief about smoke detectors to see if they are any good and what it would cost to have them installed in the new developments. She stated she would like to know if it would be worthwhile to require them in new developments. Mr. Hunt stated the portion of Harwood Road from the construction of Highway 121 to FM157 is in very bad shape and a number of Euless citizens travel that street because they are in route to the junior high school and he was wondering if there is any way the City can discuss with the County Commissioner his desire to have that particular portion repaired and maintained. He stated he was advised that Bedford was going to have the portion from Highway 121 west improved. Mr. Sustai re stated that the Commissioner has been more than generous to help the citizens of Euless, and he would not object to asking Mr. Gregory to visit with the City of Bedford to participate in funds on that street, since it is not in the City limits of Euless, but he will visit with Mr. Gregory and Mr. Blevins. XV. MR. DENZEL GOODE COMMENTS ON NORTH MAIN STREET Mr. Denael Goode, 101 Ash Lane, stated he didn't agree with the comments on the extension of time of the contract on North Main Street. He stated they know there would be some dirt and dust, but when you can't go out of your house because of dirt and dust, it is time to consider if the contractor should be given an extension, that he can't see the contract being complete by December 1, because it looks like the contractor is not working. He stated the contractor is not doing anything to settle the dust, that they should be able to water the dirt to keep the dust down. Mr. Lynch stated that the comments he made should be viewed that the staff is not defending the contractor, but he was only trying to advise the council the best options available and none of his comments were made to justify the time frame to complete the contract. Mrs. McCormick stated that Mr. Goode is right about the dust, as one Sunday she had to go fifteen or twenty miles per hour and she still could not see the road. Mr. Dickens stated he has advised the contractor to water the road, which he did twice that he knew of. He stated that one of the reasons for a lot of the dust is when machines stir up the d i r t and the l i m e . He stated he w i l l ca I I the contractor and ask him to do more watering. (Page Twelve, Regular Meeting, Euless City Council, September 26, 1978) XVI. AQ10UF\MENT The meeting adjourned at 9:30 p.m., and the council took a five minutes recess and recovened into executive session for discussion of litigation. APPROVED: /s/ Harold D. Samuels Mayor ATTEST: /5/ Del I a Houy City Secretary