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HomeMy WebLinkAbout1992-07-28 S.. MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL JULY 28, 1992 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Harold Samuels at 4:15 p.m. on Tuesday, July 28, 1992, in the downstairs Administration Building Conference Room. Those present were Mayor Harold Samuels, Mayor Pro Tem Mary Lib Saleh and Council Members Bobby Baker, Henry Boatright, Frank Douglass, Todd Smith and Peter Staks. Precouncil discussion was held on agenda items and other scheduled items. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL. CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 6:00 p.m. for consideration of scheduled items. (NOTE: Time was changed from 7:00 p.m. to 6:00 p.m. at the July 14, 1992 regular council meeting to accommodate hearing of an appeal by a city employee.) Staff Members Present Tom Hart, City Manager; Kay Godbey, Assistant City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Lee Koontz, Fire Chief; K. B. Fuller, Police Chief; Paul Kruckemeyer, City Engineer; Debra Forte', Director of Fiscal and Human Resources; Randy Byers, Director of Public Works; John Craig, Director of Development; Tom Cox, Director of Economic Development/Administrative Services; Gary Gerland, Risk/Safety Manager; Modesto Mundo, Administrative Assistant; Ron Hyde, Fire Inspector; Reggie Cast, Facilities Superintendent; Katherine Thompson, Public Relations Officer; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairman, Parks and Leisure Services Board; Charlie Miller, Parks and Leisure Service Board; Jack Hill, Chairman, Planning and Zoning Commission; and other visitors as noted on the visitor's register. PIS OF Ar 7 I IAN['_E Mayor Harold Samuels led the Pledge of Allegiance. INVOCATION Councilman Henry Boatright gave the invocation. REGULAR CCUNCELMEETING JULY 28, 1992 PAGE 2 ITEM NO. 1: PRESENTATION OF SERVICE PIN Mayor Harold Samuels presented a 20-year service pin to Mr. Ron Hyde, Fire Inspector, Fire Department. RE UL R AGENIDA ITEM NO. 2: BID AWARD NO. 92-14 (Crack Sealer Applicator) Councilman Baker moved to award Bid No. 92-14 to Crafco Texas, Inc. , 105 Tower Drive, San Antonio, Texas, 78232, for a Crafco EZ Pour 200 Melter/Applicator at a cost of $16,900. Councilman Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 3: BID AWARD NO. 92-15 (Crack seal material) Mayor Pro Tem Saleh moved to award Bid No. 92-15 for polyflex Type 3 Sealant for fir. Hot Climates to Crafco Texas, Inc. , 105 Tower Drive, San Antonio, Texas 78232, at a cost of $.27 per pound. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 4: SPECIAL USE REQUEST (William Jackson, N & W Contracting) Mr. William Jackson, N & W Contracting, requested a special use permit to sell used appliances, clothing and toys, at 1005 Heather Drive. The special use permit is required to sell used merchandise in an I-1 zoning district. Councilman Douglass expressed concern that the applicant may store items outside. He asked that any motion contain a stipulation that all saleable items be kept inside the building. Mr. McFarland stated that the applicant could store items that were part of his contracting business outside, but that he would have to meet all screening requirements of a commercial business. However, used items to be sold would have to be kept inside. Discussion took place on whether or not the special use permit could be granted to this applicant only and if a time limit could be specified. Mr. McFarland stated REGULAR COUNMICRITNG JULY 28, 1992 PAGE 3 Sow that the Council could grant the permit to this owner only and a time limit could be set. Mayor Pro Tem Saleh moved to grant the special use permit to Mr. William Jackson, N & W Contracting, 1005 Heather Drive, for the sale of used appliances, clothing and toys contingent upon all items being kept inside the building and that any subsequent owners desiring a special use permit must submit a request to the City Council. Councilman Baker seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 5: BID AWARD AND CONTRACT FCR RECYCLING PROGRAM Councilman Staks moved to award the bid to Community Waste Disposal (CWD) of Dallas as the contracted recycler for the City of Euless with rates to be $1.80 per month for residents, $.90 for apartments and senior citizens. The term of the contract will be three years without a price increase for the first two years. Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM ND. 6: BID AWARD FCR SULPHUR BRANCH SOUTH PROTECT The project was bid in three alternates: Alternate 1 is the sanitary sewer replacement in Shady Creek Drive; Alternate 2 is water line replacement in Pebble Creek Drive; Alternate 3 is the removal and replacement of the existing asphalt pavement for the length of the improvements. Mayor Pro Tem Saleh asked if the City would be rebidding Alternate Number 3. City Manager Hart replied that at this time the intention is to do an overlay after the utility and drainage work is done rather than total reconstruction. Mayor Pro Tem Saleh asked Mr. David Hughes, Elliott & Hughes, Inc. , if the qualifications of the lower bidder, Larry H. Jackson Construction, Inc. , had been verified. Mr. Hughes replied that Mr. Jackson has been in business continuously since 1979, and that he had recently completed a $1.2 million project for the City of Mansfield and they had very high regard for his work. His company currently has several construction contracts in the City of REGULAR COUNCELICETING JULY 28, 1992 PAGE 4 Lewisville in residential areas where he is replacing water lines in residents' front yards. That city's engineering office was very complimentary of Mr. Jackson and his quality of work, progress and ability to get along with the residents while completing the projects. Mayor Pro Tem Saleh noted that the completion time for the project had been set at 120 days. Mrs. Saleh asked Mr. Hughes if this was a reasonable time for completing these projects. Mr. Hughes replied that completion is dependent upon the weather. He noted that the projects are on two different sides of Sulphur Branch, and according to contract documents, the contractor is required to complete one project before starting on the other to avoid having a resident's yard torn up for a substantial amount of time. Mr. McFarland pointed out that even though the contract calls for completion in 120 days, the contractor can apply for an extension based upon matters out of his control such as weather, failure of shipment or unavailability of equipment or materials. The city's consulting engineers would review the application to determine if it is a valid excuse for an extension. If the city denies the application, the contractor would have to pay a penalty for each day of non-completion after 120 days. Mr. Hughes indicated there was a $250 per day liquidated damages clause until time of substantial completion, and $100 per day until final completion. Paul Kruckemeyer, City Engineer, explained that Elliott & Hughes was instructed to put as short a time frame on this project as was deemed feasible, but noted that this time frame will be difficult for the contractor to meet. In order to begin construction on the south section on Pebble Creek, an easement is required from the City of Hurst. Mr. Hart indicated that the City of Hurst will be discussing the easement at their next council meeting. Mr. McFarland advised that the contract could be executed making it contingent upon procurement of the necessary right-of-way. Mr. Kruckemeyer said the contractors have guaranteed their prices for 45 days. Mayor Pro Tem Saleh moved to award bid to Larry H. Jackson Construction, Inc. for Alternate 1 (sanitary sewer replacement in Shady Creek Drive) and Alternate 2 (water line replacement in Pebble Creek Drive) with a base bid amount of $357,001.50 and $14,981.00 for Alternate 1; $37,831.00 for Alternate 2; for a total of $409,813.50. Councilman Baker seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 7: APPROVAL OF AMERICANS WPM DISABILITY ACT (Am) TRANSITION PLAN Mr. Gary Gerland, Risk/Safety Manager, stated that the Americans with Disabilities Act of 1990 requires local governments to develop and submit a ,�, three-year plan outlining measures to be taken to comply with the act. REGULAR (XX CIL MEETIMG JULY 28, 1992 PAGE 5 `rr►- Councilman Smith moved to approve and accept the Americans with Disabilities Act three-year transition plan to comply with ADA requirements for structural changes to facilities to make programs and services accessible to persons with disabilities including mobility, visual, hearing and mental impairments. Councilman Staks seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. ITEM NO. 8: APPROVAL OF MINUTIA'S OF JULY 14, 1992 =OUR MEETING Councilman Staks moved to approve the Minutes of the July 14, 1992 Regular Meeting as presented. Mayor Pro Tem Saleh seconded the motion. Ayes: Council Members Douglass, Smith, Baker, Staks, Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None trr. Mayor Samuels declared the motion carried. ITEM NO. 9: REPORTS a) City Manager Assistant City Manager Kay Godbey noted that proposed ordinances for Uniform Code updates had been included in the pre-council packets. Ms. Godbey said that the attorney's office review of the updates was essentially complete. The ordinances will be discussed at the next Planning and Zoning Commission meeting and then will be brought to the City Council. Mayor Samuels commented that budget planning is particularly difficult this year as a result of low interest income and devaluation of property values. b) City Attorney Mr. McFarland had nothing to report. c) Staff Mr. Gary Gerland, Risk/Safety Manager, gave an overview of the Americans with Disability Act (ADA) . The act is a result of a congressional study which began in 1990. The study determined that 43 million Americans had some form of mental or physical disability. The act is designed to prevent REGULAR COUNMMEEriNG JULY 28, 1992 PAGE 6 discrimination of those with disabilities and provide access to facilities, programs and services. Local governments are required to adopt a transition plan which identifies physical obstacles, outlines steps to alter obstacles which hinder access, includes schedules for making the alterations and designates an official responsible for implementation of the plan. d) City Council Councilman Boatright noted that it was good to have a full Council again. Mr. Boatright stated that he had attended the Texas Municipal League conference in El Paso and found it to be a very worthwhile experience. He added that it had also provided him an opportunity to get better acquainted with fellow council members. Councilman Staks asked that the City Council, at some time in the future, discuss three topics which had been presented at the TML Conference. The first topic is the "Teen Court Concept." Mr. Staks indicated that council members from the Cities of Hurst and Bedford also were very interested in pursuing the teen court concept. Mr. Staks said that it was reported at the conference that there are funds at the state level for recycling of yard waste. Since yard waste makes up a considerable portion of solid waste, the city should be looking at alternatives to the landfill. 44rr The budget session at the conference stressed that multi-year budget planning is a current trend that will become a necessity for local governments. He commended the City Manager and Director of Fiscal and Human Resources for having already implemented multi-year planning in the city's budgeting process. Mayor Pro Tem Saleh noted that she was pleased to be back after her absence. Mrs. Saleh stated that she had been very busy the last few days reading the packets which had been prepared while she was away. She thanked Gary Gerland for the report he had prepared on the Americans with Disabilities Act. Mrs. Saleh also complimented Modesto Mundo for the research he had done on the Northeast Transportation Council and Tom Cox for the excellent job he has done in preparing the recycling program for the city. Councilman Baker stated that he had been on vacation and was sorry to have missed the TML conference, since in the past he had always found it to be very informative. Councilman Smith reiterated the positive remarks regarding the TML conference and that it was nice to become better acquainted with fellow council members. Mr. Smith also would like to pursue the "teen court" approach. He stated that he was relieved that the police situation (in reference to Items 10, 11 and 12) had been resolved and that this was proof that the city has a very good system in place, not only to protect REGULAR (XIIP CIL MEETING JULY 28, 1992 PAGE 7 °hr citizens, but to see that employees are assured of their right to due process. Councilman Douglass commented that one of the meetings he attended at the 'IML conference was on the conversion of vehicles to natural gas. He stated that he would like the city to explore this possibility. ITEM NO. 10: APPEAL HEARING FOR MICHAEL PRIVITT ITEM NO. 11: EXECUTIVE SSION ITEM ND. 12: RECONVENE REX J1 AR SESSION TO TAKE NECESSARY ACTION Mayor Samuels read a letter from Officer Michael Privitt whereby Officer Privitt withdrew his appeal. Mayor Samuels indicated that since the appeal was withdrawn, Items 10, 11 and 12 were no longer necessary. ADJOURNMENT As there was no further business before the City Council, Mayor Samuels adjourned the meeting at 7:22 p.m. ATTEST: APPROVED: de/W-4P qa,d •AA Susan Crim, CMC, City Secretary Harold D. Samuels, Mayor \od \minutes\179. `'r..