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Home My WebLink About1995-02-28 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL FEBRUARY 28, 1995 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, February 28, 1995, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tern Bobby Baker and Council Members Frank Douglass, Todd Smith, Charles Miller, Glenn Walker and Henry Boatright. Precouncil discussion was held on agenda items and other scheduled items. A closed session was held to discuss pending/contemplated litigation and land acquisition as authorized by Sections 551.071 and 551.072 of the Texas Government Code. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:00 p.m. for the consideration of the scheduled items. Staff Members Present `e. Tom Hart, City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Gary McKamie, Police Chief; Paul Kruckemeyer, City Engineer; Tom Cox, Director of Administrative Services and Economic Development; Randy Byers, Director of Development and Public Works; Norma Quinn, Director of Fiscal and Human Resources; Captain Joey Ziemian, Police Department; Lieutenant Bob Freeman, Police Department; Corporal Don Scott, Police Department; Betty Yarbrough, Library Manager; Michelle Wyman, Community Affairs Administrator; Scott Campbell, Administrative Assistant; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Deputy City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Wes Scott, Chairperson, Library Board; Andy Chesney, Charter Review Committee; and other visitors as noted on the Visitor's Register. PLEDGE OF ALLEGIANCE Council Member Charlie Miller led the Pledge of Allegiance. INVOCATION Mayor Mary Lib Saleh gave the invocation. Mayor Mary Lib Saleh introduced Norma Quinn, the new Director of Fiscal and Human Resources. Mayor Saleh announced that Allison Collins, reporter for Mid-Cities News, has accepted a position with the Tarrant County Business Press. COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 2 ITEM NO. 1: PRESENTATION OF 15 YEAR EMPLOYEE SERVICE PINS Mayor Saleh presented 15 year service pins to Police Corporal Don Scott and Police Lieutenant Bob Freeman. Police Chief Gary McKamie presented Corporal Scott and Lt. Freeman with service bars. REGULAR AGENDA ITEM NO. 2: APPROVAL OF SIGN VARIANCE #95-03-SV Council Member Walker moved to approve Sign Variance #95-03-SV for a special signage program for Village Green Apartments, 1800 Fuller-Wiser Road, to erect a 36 sq. ft. sign, 6 feet high. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. (NOTE: Sign regulations state that apartment identification signs located on local or collector streets are permitted to be a maximum of 20 sq. ft. and 6 feet in height.) ITEM NO. 3: APPROVAL OF RESOLUTION NO. 95-886 Mayor Pro Tern Baker moved to approve Resolution No. 95-886, authorizing the Mayor to execute Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreements with the Texas Department of Transportation governing the design and construction of: 1. capacity improvements to Westpark Way from SH 183 to Parkview Drive; 2. bottleneck improvements to Ector Drive from SH 183 to Trojan Trail; 3. bottleneck improvements on Glade Road at Baze Road; 4. bottleneck improvements on southbound N. Main Street at SH 183. with the City's share of the funding to be $86,000 of the $261,045 total cost. Council Member Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 3 ITEM NO. 4: APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1169 Mayor Saleh explained that the Council would be considering two agenda items regarding the city's contract with Laidlaw Waste Systems. The first item would be to consider Ordinance No. 1169, amending Chapter 30 and Chapter 66 of the City Code and another item to consider an addendum to the city's contract with Laidlaw. City Manager Tom Hart reported that in response to a request for a rate increase from Laidlaw, staff recommends an increase of 4.81% for residential curbside pickup, from $6.00 to $6.29 per month; and an increase of 6.83% in commercial rates. Mr. Doug Rivers, Director of Municipal Marketing, Laidlaw Waste Systems, Inc. addressed the Council regarding the company's requested rate increase. Mr. Rivers cited increased landfill costs from $3.74 per cubic yard in April 1993, to $4.85 as of September 1994. After negotiating with city staff, Laidlaw requested a rate of $6.40 (net to Laidlaw) for residential pickup and a 25.21% increase in commercial rates. Council Member Smith stated that he was concerned that Laidlaw seemingly did not anticipate increases in landfill tipping fees and other related increases when negotiating a multiple-year rate with its customers. Mr. Rivers responded that he preferred a contract with specific language as to how the Consumer Price Index (CPI) and disposal costs would affect the contract rate. Mr. Bill Staub, 602 Donley, addressed the Council regarding what he perceived as inefficiency and poor quality of garbage pickup in his neighborhood. Mr. Staub also distributed a picture of curb damage that he felt was caused by garbage trucks. Assistant City Manager Joe Hennig —40111/ replied that staff had reviewed the issue of one pass through on streets and concluded that because of safety factors and wear and tear on streets, it was better to take two trips down a street. Mr. Randy Byers, Director of Development and Public Works stated he would inspect the curb damage to try to determine the cause. Mr. Rivers assured Council that he would contact Mr. Staub and discuss his concerns and would certainly repair any damage caused by his trucks. Mayor Pro Tem Baker moved to approve the first and final reading of Ordinance No. 1169, amending Chapter 30, Section 30-16, "Solid Waste Collection" (fees); and amending Chapter 66, Section 66-1, "Definitions", Section 66-2 "Scope of Refuse Collection Work", and 66-4 "Contractor's Operations"; deleting from Section 66-1 the definitions of"Special Brush Collection" and "Tires, Batteries, Etc."; revising the definitions of "Quantity" and "Commercial Waste" in Section 66-2; revising (a) "Hours of Operation", (b) "Holidays", (c-1) "Service Complaints- Contractor" and (c-4) "Complaint Procedures" of Section 66-4. Council Member Walker seconded the motion. Before the vote was taken Mayor Pro Tern Baker asked how long the rates would be in effect if approved. Mr. Rivers explained that the provisions of the current contract (March 1, 1993 through February 28, 1998) provide that for the first two years of the contract, Laidlaw could not request an increase, but after those first two years there were no time restrictions placed on rate increase requests. Mr. Hennig indicated that the time limit as proposed in the addendum to the contract would be discussed under the next item on the agenda. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern °`' Baker and Mayor Saleh COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 4 `, Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5: APPROVAL OF ADDENDUM TO CONTRACT WITH LAIDLAW WASTE SYSTEMS, INC. Assistant City Manager Joe Hennig explained that the addendum to the Laidlaw Contract was necessary to address the contract name from City Garbage to Laidlaw Waste Systems, Inc. Other notable changes include Item No. 6: Take All Service, which was added to address the need created by the closing of the Raider Drive facility. Residents may place items at the curb which can be lifted and loaded by 2 employees in no more than 5 minutes on a regular collection day. Item No. 10: Hours of Operation was modified to not start before 7:00 a.m. or continue after 6:00 p.m. in residential units; commercial units shall not start before 3:00 a.m. if not close to residential areas. Item No. 16 includes the rates for residential at$6.29 and commercial at 6.83% increase. Item No. 17: Modification of Rates was intended to be left as it was stated in the original contract to allow the Contractor to submit a request for a rate increase anytime after the first two years of the original contract. Also in Item No. 17, the recycling rebate formula is detailed in Exhibit B of the addendum. Council Member Walker moved to concur with staffs recommendation regarding the addendum to the contract with Laidlaw Waste Systems, Inc. Council Member Douglass seconded the motion. Council Member Smith asked if the addendum which was being voted on is as it was presented to them in the agenda packet. Council Member Walker clarified that he intended the motion to include a one year time limit for a rate adjustment request instead of the two year limit as was stated in the proposed addendum. Mr. Rivers stated that he would discuss the time limit with Mr. Davis, but he was concerned with being tied to a time limit because of legislation that may increase per cubic yard rate anywhere from $.40 to $1.00. Laidlaw needs to reserve the right to come back and make a request for an increase if that happens. Mr. Rivers indicated he had not seen the addendum before the Council at this time, and that he did not agree to the clause in Item 17 regarding the time limit on rate adjustment requests. Mr. Rivers asked that he be given the opportunity to review the addendum before he agreed to any of its provisions. Council Member Walker moved to table consideration of an addendum to the contract with Laidlaw Waste Systems, Inc. Council Member Miller seconded the motion. Mayor Pro Tern Baker asked Mr. Rivers to clarify the requested rate increase. Mr. Rivers replied that Laidlaw requested an increase of$6.40 (net to Laidlaw) in residential rates. Mayor Pro Tern Baker noted that the Council had just approved a rate of $5.66. Mr. Rivers stated that the difference in rates between what was requested and what was granted would not allow him to agree to the one-year restriction on when Laidlaw could again request a rate increase. Now COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 5 N„r, Mr. Hart suggested if the Council and Mr. Rivers were comfortable with the rates previously approved, then perhaps the clause regarding time frame in Section 9.5 could be deleted. This would allow Laidlaw the opportunity to request an increase, but the Council always makes the final decision regarding whether or not to grant an increase. Mr. Rivers noted again that the time limitation is in conflict with the original contract which stated that for the first two years of the contract Laidlaw would not come to the city for a rate increase. After those two years, Laidlaw could come to the Council with justification for a rate increase request. The vote on the motion to table was as follows: Ayes: Council Members Walker and Boatright Nays: Council Members Douglass, Smith, Miller and Mayor Pro Tern Baker and Mayor Saleh Mayor Saleh declared the motion failed. Mayor Saleh noted that the Council would now consider the motion made by Council Member Walker previous to the tabling motion. Mayor Saleh asked Mr. Walker to repeat his motion as follows: approve the addendum to contract with Laidlaw Waste Systems, Inc. for municipal `�► waste collection program by revising Section 1.3 (Bundle or Boxed Bundle); Section 1.5.1 (Commercial Container); Section 1.17 (Trees); Section 2.2 (Frequency of Residential Collection); Section 2.3 (Quantity); Section 2.5 (Residential Waste - How); Section 2.6 (Commercial Waste); Section 3.2 (Spillage); Section 4.1 (Hours of Operation); Section 4.3 (Holidays); Section 4.4.1 (Service Complaints - Contractor); Section 4.4.4 (Complaint Procedures); Section 5.1 (Contractor as Independent Contractor); Section 5.9 (Term); Section 9.1 (Charges); Section 9.5 (Modification of Rates); Section 10.4 (Notices) with an amendment to Section 9.5 (Modification of Rates) to allow the Contractor to submit a request for a rate adjustment any time after the first year of this contract amendment. (The motion had been previously seconded by Council Member Douglass.) Mayor Pro Tern Baker stated that he felt the city should honor the original 5-year contract with Laidlaw signed in 1992, holding them to a 2-year price freeze, and allowing Laidlaw to come before the Council at any time during the remaining three years of the contract for a rate increase with justification. Ayes: Council Members Douglass, Smith, Walker and Boatright Nays: Council Member Miller, Mayor Pro Tem Baker and Mayor Saleh Mayor Saleh declared the motion carried. New COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 6 __ ITEM NO. 6 AUTHORIZATION TO FINALIZE THE LIBRARY PROJECT'S CONSTRUCTION PLANS AND SPECIFICATIONS AND TO RELEASE THE EULESS LIBRARY PROJECT FOR BID Tom Cox, Director of Administrative Services and Economic Development, stated that Council had previously approved the schematic design of the library and now Council is being asked to approve the construction plans and specifications. Mr. Cox introduced Denelle Wrightson, PSA Architects, who addressed the Council regarding the schedule for bidding and construction of the project. Ms. Wrightson outlined six alternate items to be included in bidding: 1) 6-person study room; 2) triangular connector landscaping from sundial; 3) accent light fixtures along the median of Civic Drive; 4) tiered courtyard off meeting room; 5) 80 mil thick membrane roofing for flat roof with a 20-year warranty; and 6) three custom designed service desks. Council Member Douglass moved to authorize staff to finalize the Library Project's construction plans and specifications as well as release the project for bid in compliance with the previously approved project schedule. Council Member Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None '410' Mayor Saleh declared the motion carried. ITEM NO. 7: APPROVAL OF RESOLUTION NO. 95-887 Council Member Walker moved to approve Resolution No. 95-887, authorizing support for appointment of a representative from North Central Texas to the Texas Transportation Commission. Council Member Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8: APPROVAL OF MINUTES OF FEBRUARY 14,1995 REGULAR MEETING Mayor Pro Tern Baker moved to approve the Minutes of the February 14, 1995 Regular Meeting as presented. Council Member Walker seconded the motion. 'i` Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tern Baker and Mayor Saleh COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 7 Nays: None Mayor Saleh declared the motion carried. (NOTE: a verbal clarification was made to Item No. 5: Approval of Specific Use Permit 94-21- SUP, stipulating that the site plan will come before the City Council for approval as was stated in the February 14, 1995 Minutes, and the wrought iron fence on the east side of the development will be discussed with the developer and staff prior to that site plan coming before the Council.) ITEM NO. 9: REPORTS a) City Manager City Manager Tom Hart reported that the Golf Course Committee had interviewed 6 architects and will make a recommendation to Council on March 16. The Athletic Complex Committee held its first meeting on February 22. b) City Attorney City Attorney Bob McFarland had no report. c) Staff Report Police Chief Gary McKamie reported on drug use within city schools and cited national statistics `, which indicate an increase in the use of alcohol and drugs in teenagers. Chief McKamie mentioned several anti-drug programs utilized by the school and Police Department including Crime Stoppers, "Because We Care" (counseling program) and Drug Free Zones. Chief McKamie also reported that an alcohol sting operation held the previous week in cooperation with the Texas Alcoholic Beverage Commission, resulted in 14 of 36 alcoholic retail vendors selling alcoholic beverages to an 18-year old. Citations were issued to the 14 vendors. d) City Council Council Member Boatright commended Corporal Scott and Lieutenant Freeman for receiving their 15-year service pins. Mr. Boatright thanked Police Chief McKamie for his report. Mr. Boatright also thanked Denelle Wrightson, the library staff and the Library Committee for their good work during the planning process. Council Member Glenn Walker asked Mr. Hennig what progress had been made on Council Member Douglass' suggestion that Pecan Street be made a one-way street from Euless into Hurst. Mr. Hennig replied that staff had discussed it the previous day and agreed there was some merit to the suggestion, but the issue had not been thoroughly reviewed at this time. Council Member Miller attended the February 23 Town Hall Meeting and there was a good citizen turnout. Mr. Miller welcomed Mr. Dan Haecker to the Council Meeting. Mayor Saleh asked that the recipients of the Police and Fire Awards and Parks and Leisure Services Awards be read into the Minutes as follows: COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 8 `,p- Police Awards Reserve Officer of the Year - Clyde Cullum, Jr. Rookie of the Year - Casey B. Sanders Distinguished Service Award (Civilian) - Ellis R. Samford Distinguished Service Award (Sworn) - Gary L. Landers W. M. "Blackie" Sustaire Memorial Award - Denise Ruth Reeves Bill Harvell Award - Dusty Scott Supervisor of the Year - Joseph R. Kraft Police Officer of the Year - Sallye Rene' Lewis American Legion Police Officer Award - John Rheubottom Fire Awards Firefighter of the Year- Michael Parks Rookie of the Year- Damn Murray Driver of the Year- Michael Christenson Paramedic of the Year- Ronnie Ikeler Supervisor of the Year - L. M. "Buddy" Green Distinguished Service Award - Doug Tyson Parks and Leisure Services Awards Volunteers of the Year- Richard and Ginger Moore, citizens Professional Award - Euless Lions Club Spirit Award - Frank Fletcher, citizen Instructor of the Year- John Moore, Gymnastic Instructor Business of the Year - North Main Barbecue One Plus One Equals Two Award - Telephone Pioneers Good Neighbor Award - Leon Rausch Mayor Pro Tern Bobby Baker attended the Police/Fire Awards Banquet where the Police and Fire Department officers were recognized for the outstanding performance of their duties. Mr. Baker commented that the city is fortunate to have such an excellent group of employees. Council Member Douglass welcomed Norma Quinn, Director of Fiscal and Human Resources, to the staff. Mr. Dan Haecker, thanked Police Chief Gary McKamie for the alcohol sting his department conducted. Mayor Saleh announced the Town Hall Meetings to be held the next five Thursday evenings in the elementary schools. The places and times will be listed in the Community News section of the Fort Worth Star Telegram. ITEM NO. 10: ADJOURN Mayor Saleh asked if there were any citizens who wished to address the Council. Dan Haecker, a student at Euless Jr. High School asked Chief McKamie why junior high students could not be used as informants. Chief McKamie replied that they could be informants through the Crime COUNCIL MINUTES FEBRUARY 28, 1995 PAGE 9 r.. Stoppers program at school or he could call the police department and speak to an officer at any time. However, students could not be used as undercover informants because of the liability issue involved. Mayor Saleh asked if anyone else would like to address the Council and hearing none, adjourned the meeting at 9:15 p.m. APPROVED: -711 Mary Lib Saleh, Mayor ATTEST: _- usan Crim, *MC, City Secretary Now MINUTES\2-28-95.MIN