HomeMy WebLinkAbout1979-05-22Regular Meeting
Euless City Council
May 22, 1979
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 Mayor Pro -tem
Willie Mae McCormick, Councilmen Raymond Ozebek, Charles Hunt, Glenn Walker,
and Robert Pippin.
Also present were City Manager W. M.
Sustaire, City Secretary Della Houy, City Attorney James Cribbs, City Engineer
B i I 1 Flowers, and Assistant City Manager John Lynch, IV.
_V ISITORS
Visitors in attendance were Bobby Fuller,
W. G. Ragley, Jim Culbertson, Lynn Shackelford, John Sanders, Walter Elliott,
Jr., Raymond L. Moore, Bernie E. Johnson, Andy Byles, Dan Walls, Ed Marley,
Jimmy Payton, Huey H. Ball, T. D. Austin, John Mulhearn, Joe Hippie, Don
Perkins, George Paschall, Walter Campbell, Rex Fuqua, Mike Rowdy, and Myrtle Hall.
INVOCATION
The invocation was given by Mayor Pro -tem
W i l l i e Mae McCormick.
APPROVAL OF MINUTES
The minutes of the regular meeting dated
May 8, 1979, were approved as written.
CONSIDER SECOND AND FINAL READING CF ORDINANCE
NO. 573 VACATING AND ABANDONING A PORTION OF A
PUBLIC EASEMENT ON LOTS 3 AND 4, ROSS CANNON
ADD IT ION
Mr. Pippin moved to approve second and final
reading of Ordinance No, 573 vacating and abandoning a portion of a public
easement on Lots 3 and 4, Ross Cannon Addition.
Mr. Walker seconded the motion and the
vote i s as follows:
Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick
Nays: None
Mayor Sarnuels declared the motion carried.
(Page Two, Requhr Meeting, Euless City Council, May 22, 1979)
CONSIDER SECOND AND FINAL READING CF ORDINANCE
NO. 574 FOR CHANGE CF ZONING FROM "R -5" MULTI-
FAMILY DWELL I NG DISTRICT TO "PD" PLANNED
DEVELOPMENT FOR TOWNHOUSES ON TRACT 4A, RAY
SHELTON SUBDIVISION - ZONING CASE NO. 284
Mr. Ozebek moved to approve second and fi n a l
reading of Ordinance No. 574 for change of zoning from "R -5" Multi-Family
Dwelling District to "PD" Planned Development for townhouses on Tract 4A, Ray
Shelton Subdivision.
Mrs. McCormick seconded the motion and the
vote is as follows:
Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Walker, Pippin, and Hunt
Nays: None
Mayor Samuels declared the motion carried.
CONSIDER SECOND AND FINAL READING CF ORDINANCE
NO. 575 FOR CHANGE OF ZONING FROM "R -1" SINGLE
FAMILY DWELLING D I STR I CT TO "PD" PLANNED
DEVELOPMENT FCR AN OFFICE COMPLEX ON A PORTION
CF TRACTS 5B, 5C, AND 5C2, T. JASPER SURVEY,
ABSTRACT 861 - ZONING CASE NO. 285
Mr. Pippin moved to approve second and fi n a l
reading of Ordinance No. 575 for change of zoning from "R -1" Single Family
Dwelling District to "PD" Planned Development for an office complex on a portion
of Tracts 5B, 5C, and 5C2, T. Jasper Survey, Abstract 861.
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.
Iv.
CONSIDER PRELIMINARY AND FINAL PLAT - LOTS
1 THROUGH 53 BLOCK 1, HARWOOD PARK TOWNHOME
ADDITION, PHASE 1,
Mr. Huey Ball, architect for the developers
of Harwood Park Townhome Addition, stated he is requesting approval of the
preliminary and final plat of Harwood Park Townhome Addition, He stated during
(Rage, Three, Regular Meeting, Euless City Council, May 22, 1979)
the Planning and Zoning Commission meeting they took up the areas t h a t were s t i l l
short of the staff's recommendations and they have been working with the staff
regularly to cooridinate the problems and have had most satisfactorily experience
working w i t h the s t a f f , He stated they have worked out a l l of the-problems
with the exception of two, which are a departure from the manner of escrowing
funds for a portion of the public improvements on the property and the extension
of the looped water system.
Mr. Ball stated they made a request at the
Planning and Zoning Commission meeting to escrow the funds for the west loop on
the water line prior to the issuance of the Certificate of Occupancy in lieu of
escrowing the money at the time the plat is filed, which is the present require-
ment, and he would like to make that request of the Council too. He stated they
want the City to have the protection they need but they are trying to move the
cash flow down into funding instead of up front prior to funding. He stated
this still gives the City every right and full means of protection for the
facilities that will be constructed or the money escrowed for same.
Mr. Ball stated the second request is in
regard to the public improvements to Harwood Road, He stated Phase 1 of the
development is 660 feet west of Meadowview Addition and to develop the street
at this point would be a hazard; however, funds should be escrowed so the City
w i l l have funds when the City is ready to improve the street. He stated
they are requesting permission to delay escrowing these funds until prior to
issuance of the Certificate of Occupancy instead prior to the plat being filed.
Mrs. McCormick stated the Council would
have to grant a variance to the subdivision rules and regulations ordinance to
allow the escrow of funds for the street improvements at the time the Certi-
ficate of Occupancy is issued. She stated the Council has never done this
before and she doesn't believe they w i l l do it this time.
Mr. Ball stated that the Council has the
power to grant such a variance and the Council may want to amend their sub-
division ordinance for future construction.
Mayor Samuels inquired if the way the
City's subdivision ordinance is written, can the Council legally grant this
variance or would the ordinance have to be amended?
Mr. Cribbs stated the Council would have
to amend the ordinance, as the Council can't grant a waiver. He stated this
is in regards to the street improvements, but the Council can delay the escrow
of the funds for the water loop.
Mr. Hunt inquired the amount of money that
would be required to be escrowed?
Mr. Ball stated he doesn't know at this
time, that they would have to wait until they receive the bids, but it will
r„� be several thousand dollars.
(Page Four, Regular Meeting, Euless City, Council, May 22, 1979)
Mr. Pippin inquired if these are the only
two exceptions they have to the engineer's letter?
Mr. Ball stated they do not take exception
to these two items of the engineer's letter, they are requesting a delay in
escrowing the money until the time the Certificate of Occupancy is issued.
Mrs. McCormick moved to concur with the
recommendation of the Planning and Zoning Commission and approve the pre-
liminary and final plat of Lots 1 through 53, Block 1, Harwood Park Townhome
Addition, Phase I, with the escrow money for the water loop to be escrowed at
the time of the issuance of the Csrtificate of Occupancy and the escrow of
funds for the street improvements to be in accordance with the subdivision
rules and regulations.
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.
V.
PUBLIC HEARING - CABLE TELEVISION FRANCHISE
Mayor Samuels opened the public hearing
on the cable television franchise and stated the Council would hear from the
applicants in the order in which their application was received by the City,
Tarrant Cable Communications, Inc., Austin and Associates, and Fuqua Tele-
vision, Inc.
Mr. Bobby Fuller stated he is representing
Tarrant Cable Communications, Inc., for application of a franchise for cable
television service for the City of Euless. He stated Tarrant Cable Communi-
cations, Inc. is composed of several local investors who have an interest in
Euless. He read the names of the other members of the investors: C.A. Sanford,
Marion Massey, Jimmy Payton, Buddy Ragley, and B i l l Meir. He stated they have
reviewed the financial status of Storer Cable Television, Inc. and they have
the strength to do what they say they wi I I do if they received the franchise in
Euless. He stated Storer has franchises i n Grand P r a i r i e , Cedar H i l l , Bedford,
Garland, and Richland Hills. He stated there are applications pending in
several other Mid - Cities areas.
Mr. Fuller stated Storer plans to spend
more than $250 million in the next four to five years on various area cable
t e l e v i s i o n systems and they w i l l have a local city office to answer any
complaints and to aid citizens in the enjoyment of television. He stated the
office will be staffed by local citizens. He stated Storer represeitative
is Dan Walls who has an office in Grand Prairie. He stated they feel. that
t h i s company w i l l successfully complete a t e l e v i s i o n network and w i l l do the
best job that can be done at this time.
(Pape Five, Regular Meeting, Euless City Council, May 23,. 1979)
Mr. Dan Wells, regional representative in
the Metro -plex, stated he is in charge of seeing that the systems are b u i It
as the franchises stipulates. He stated Storer plans to begin with twenty -five
channels, and three tiers of premium pay. He stated they started construction
in Grand Prairie in January and will begin service the first of July. He
stated they will build a facility to blend in with the city. He stated they
do not plan to tie several cities into one earth station, that each city will
have their own station. He stated they have ordered three mini -cams and one
mobile unit for the Dallas /Fort Worth area. He stated they will hire local
people and will bring technical personnel in to train the local citizens and
i f the personnel w i l l stay w i t h the company they w i l l pay for additional
college education, He stated they are a sound company and w i l l do what they
say they will do. He stated they will complete installation on the system in
eighteen months, or sooner, after award of the franchise.
Mrs. McCormick stated she lives in an area
by herself and inquired if she would receive the services?
M r . Walls stated they w i l l provide service
to everyone in Euless no matter where they live. He stated they could have
service in the Euless area within six months, or sooner,because they have a
good rapport with the telephone and light companies and will use their poles.
He stated they have in -house the agreements for each application for each
c i t y . He stated -after the franchise i s awarded they immediately begin strand -
mapping the C i t y and w i l l probably be under construction in sixty to ninety
days.
Mrs. McCormick i n q u i r e d i f the rates w i l l
be the same if the wires are aerial or underground?
M r . Walls stated the monthly rates w i l l
be the same, the installation is different. He stated they will offer free
installation for approximately thirty days while they are working in the area,
He stated they also offer this service once or twice a year for additional
service and for all new homes and apartments that are being constructed they
will furnish the cable to wire these homes if the contractor will install the
lines. He stated they also offer one month free if the subscruber wi I I pay
eleven months i n advance.
Mr. Ozebek inquired about the convertor?
M r . Walls stated the convertor w i l l convert
a thirteen channel set into a thirty -five channel system.
Mayor Samuels inquired if the reason they
are carrying it as a separate item is so if a subscriber wants to buy one
somewhere else they can.
Mr. Walls replied yes.
Mr. Hunt stated one of the bidders mentioned
the cost on pre -wired homes as opposed to non pre -wired homes, and inquired if
(Page Six, Regular Meeting, Euless City Council, May 22, 1979)
this makes any difference to his company regarding the installation?
M r . Walls stated the c i t y w i l l be divided
into sections and the homes that want service will receive free installation
and most people will want their entire house wired.
Mr. Pippin inquired if they have a record
of their system re I i a b i I ity so the customer would know the amount of down -time
they could expect if they were on the cable?
Mr. Walls stated he doesn't have those
records with him but they do have records and will provide them for review by
the Council. He stated that normally they will have the problem solved within
twenty -four hours, but they take care of the problem immediately.
Mr. Joe Hippie, Vice President of Austin
and Associates, stated he is here to present a cable television proposal for
the City of Euless. He introduced persons with the company - T. D. Austin,
Mike Rowdy, and John Mulhearn.
Mr. Hippie stated the company will have
local control and local management and will have an excel lant rate. He gave
background on the parent company, Black Hawk Company of Waterloo, Iowa. He
stated they propose building a thirty- five'channel system and will activate
twenty -eight channels by October, 1979, in Phase 1 and reserving the
other seven channels for further use. He stated they promise to complete
construction within twelve months of award of the franchise and hope to have
it completed by February, 1980. He stated the local office will be staffed
by local people and the tower and the receiving site will be in Euless. He
stated the studio, which will be a full color studio, will be located in
Eu1es$, along with the office site, and will be utilized by public assess,
government access, and educational access. He stated p u b l i c access w i l l
be given on a first come, first serve basis at no charge. He stated any
commercial establishment that wishes to utilize the studio will be charged at
a rate of $25.00 per half hour, He stated they wi 11 provide a live line to
Tarrant County Junior College Northeast to be able to provide live educational
and cultural events, He stated the use of the system by the college, schools,
and city w i ll be provided at no charge. He stated they w i ll give the City Hall an
emergency override system so the Mayor, Police Chief or Civil Defense Director
can override any channel in the event of pending disaster. He stated they
plan to install a data system in City Hall and the Police Station to be used
by these departments,
Mr. Hippie reviewed the various channels
t h a t w i l l be available. He stated the rate does not contain a convertor fee
as the convertor w i 1 1 be furnished free since a convertor w I I be required
for each outlet in the home. He stated they will provide free installation
as long as the contractor is in the area. He stated if the customer pays
twelve months i n advance they w i l l receive one month free and if premium
service is requested at the time of initial hook -up, it will be installed
free.
(Page Seven, Regular Meeting, Euless City Council, May 22, 1979)
Mr. Hippie stated they are very proud to be
in the area. He stated they have a franchise in Hurst, Waxahachie, Mansfield,
and Midlothian. He stated their total concentration on cable television is
based in the Metro -plex area and they w i l l consistently upgrade their system.
He stated they believe in service for the community and serving them right.
He stated they don't have any ties and are seeking the franchise themselves.
Mayor Samuels inquired what their company
would provide for the public schools as a part of their service to the
community?
Mr. Hippie stated they w i l l have a channel
reserved for the HEB School District and they will provide a free installation
to a I I governmental institutions and schools i n the system.
Mrs. McCormick stated the proposal indicates
that they do not have any television station as such in operation, only cab#e
systems, and 'inquired if this was correct?
Mr. Hippie stated they only have franchises,
but a l l the persons connected with the operation have had experience in cable
t e l e v i s i o n , He stated the corporate headquarters w i l l be in Hurst.
M r . Hunt stated t h a t since Austin w i l l be
providing the convertor free, their rate is $1.00 less than the other companies,
and inquired how they can offer a lower rate?
Mr. Hippie stated they worked with a
formula based on the number of potential subscribers to begin with and if they
didn't think they could build in Euless and maintain it they wouldn't be here
applying for the franchise. He stated Hurst has a $6.50 rate and they couldn't
request a higher rate from Euless than they were receiving from Hurst.
Mr. Pippin inquired if Austin and Associates
have a reliability figure?
Mr. Hippie stated it would be 98.75
rel iabi l i ty.
Mr. Walter Campbell from Augusta, Georgia,
stated he is representing Fuqua Television Investments. He reviewed Fuqua
Television for the Council. He introduced George Paschall, Vice President of
the Company and Rex Fuqua. He stated they w i l l dedicate themselves to the
highest quality of service and will be responsible to the needs of this
community.
Mayor Samuels inquired if the four companies
owned by Fuqua are basically home -owned companies?
Mr. Campbell stated yes.
(Page Eight, Keqular Meeting, Euless City Council, May 22, 1979)
Mayor Samuels inquired the time table for
completion of the system?
Mr. Paschall stated they could complete
the system in twelve months but to do the system right it w i 1 I take eighteen
months.
franchises in this area?
Mayor Samuels inquired if they have any
Mr. Paschall stated not at this time.
Mr, Hunt stated ha noticed that the cost
on a pre -wired house is one -half the cost of a non pre -wired home.
Mr. Paschall stated if the home is pre -
wired it takes less than one -half of the time and materials to installa system
than a house that is not pre- wired.
Mr. Hunt inquired if the initial instal -
lation charge is applicable to a new subscriber?
Mr. Paschall stated that they will offer
a free installation to subscribers when they install the system, as this is
a standard procedure for a l l companies.
Mr. Pippin asked Mr. Paschall to describe
the proposed color studio.
M r . Paschall stated the s t u d i o w i l l be
located at the office which w i l l be in Euless.
Mayor Samuels inquired if his company
served Euless, a different company in Bedford, and a different one in Hurst,
what would FCC require for three separate systems being tied together since
the three cities have a common school system?
Mr. Paschall stated there would be no
FCC requirements, that they would provide a line from the central headquarters
into Euless to their office.
Mayor Samuels inquired if there were other
questions; there being none, he declared the public hearing closed.
Mr. Hunt stated that in his opinion, it
would be in the interest of the citizens to award the franchise to Austin and
Associates, and he would make a motion to that affect.
second.
Mr. Hunt's motion died for lack of a
Mr. Pippinimoved to table action on this
(Page Nirde. Regular Meeting, Euless City Council, May 22, 1979)
item until the meeting of June 26th to allow for further study since the
""` Council only received the proposal from Fuqua on Friday, May 18th.
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.
Mr. Pippin stated the Council would prefer
calling the applicants if they have any questions instead of the applicants
calling the Council.
Mayor Samuels asked each company to leave
a card with the City Secretary so the Council can call the companies individ-
ually if they have any questions.
VI.
CONSIDER FURTHER APPOINTMENTS TO THE
CITY'S BOARDS AND COMMISSIONS
Mrs. McCormick moved to approve the
following appointments:
PLANNING AND ZONING COMMISSION
John Deithloff
Bob Williamson
Helen Lightbody
LIBRARY BOARD
B i l l Foreman - Alternate with voting privileges
only if a regular member is absent
COUNCIL FOR SOCIAL CONCERNS
Bill Foreman as a representative from the
Library 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.
(Page Ten, Regular Meeting, Euless City Council, May.22, 1979)
VI 1.
CONSIDER BIDS ON BEAR CREEK PARK, PHASE 1
Mr. Shackelford reviewed the bids received
for improvements to Bear Creek Park, Phase I. He stated the staff recommends
the City do all force work, earthwork and grading, and architecture work and
the fencing contract, electrical contract and the contract for the irrigation
for the softball field be awarded to the low bidders, with the City being the
general contractor, He stated with this recommendation Phase I can be com-
pleted within the proposed budget,
Mr. Pippin moved to concur with the
recommendation of the City Staff and accept the low bid for the fencing
contract, electrical contract, and the contract for the irrigation for the
softball fields and award these bids accordingly.
Mr. Wal ker seconded the emotion and the
vote is as follows:
Ayes: Messrs. Pippin, Walker, Ozebek, Hunt, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
(Copy of bids received on file in Office of City Secretary.)
VI11.
CITY ENGINEER'S REPORT
SOUTH MAIN STREET OVERLAY
Mr. Flowers stated they received four
bids on May 21, 1979, on South Main Street Overlay. The bids are as follows:
BIDDER
Uvalde Asphalt, Inc.
Metro Asphalt, Inc.
Texas Bitulithic, Co.
AAC, Inc.
.131.1 COMPLET ION DATE
$145,165.30
$181,506.50
$141,792.20
$1 14,939.89
100 Days
120 Days
90 Days
Mr. Flowers stated that AAC, Inc. was the
low bidder, in the amount of $114,939.89 and is within the engineer's estimate
of $116,000. He stated that, based on the analysis of the bids, they recommend
accepting the low bid, subject to a formal submittal of an acceptable completion
time and an adequate financial statement.
Mr. Flowers reviewed the bid and the experi-
ence of the company. He stated there is a letter from the president of the
(Page Eleven, Regular Meeting, Euless City Council , May 22, 1979)
company stating if the contract is not accepted prior to June 1 there
w i l l be an overall price increase of 5 %.
Mr. Hunt inquired if it could be arranged
to discuss any problems with the contractor prior to beginning the construction
and then after the project is complete make an inspection to see that he has
done the job properly?
M r . Flowers stated t h a t they w i l l explain
everything to them at a contractor's conference. He stated that contractors
have so much work to do that they don't want the City's work.
Mrs. McCormick inquired how long this
company has been i n existence?
Mr. Flowers stated this company was formed
in 1973, but the owner has been in this type of business a long time.
Mr. Pippin moved to concur with the
recommendation of the City Engineer and award the bid to MC, Inc., in the amount of
$114,939.89, subject to a formal submittal of an acceptable completion time
and an adequate financial statement, as outlined by the City Engineer, and
that the contract be signed prior to June 1, 1979.
Mrs. McCormick seconded the motion and the
vote is as follows:
Ayes: Mr. Pippin, Mrs. McCormick, Messrs. Ozebek, Hunt, and Walker
Nays: None
Mayor Samuels declared the motion carried.
(A copy of bids received on f i l e in Office of City Secretary.)
IX.
INVITATION TO "WISHWELL" PARTY FCR
JOHN LYNCH, I V
Mr. Sustaire stated that it is with regret
that he accepted the resignation of John Lynch, effective May 31, 1979, He
stated it has been a pleasure working with him and wished him well in his new
job. He invited the Council to a "wishwel l" party that wi I I be held for Mr.
Lynch on Thursday, May 31, 1979, from 10 :00 a.m. to 11:30 p.m. in the Council
Chambers.
X.
STRIPING CF ECTOR DRIVE
Mr. Pippin stated he really appreciated
the striping on South Ector Drive.
(Page Twelve, Regular Meeting, Euless City Council, May 22, .1979)
XI.
ADJOURNMENT
There,being no further business, the
meeting adjourned at 9:32 p.m.
APPROVED:
/s/ Harold D. Samuels
Mayor
ATTEST:
/s/ Della Houv
City Secretary