HomeMy WebLinkAbout1997-10-28 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
OCTOBER 28, 1997
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh
at 4:15 p.m. on Tuesday, October 28, 1997, in the downstairs Administration Building
Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem
Charlie Miller and Council Members Bobby Baker, Carl Tyson, Katie Edwards, Leon
Hogg, and Glenn Walker. 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 7:09 p.m.
for the consideration of scheduled items.
Staff Members Present
City Manager Tom Hart; Assistant City Manager Joe Hennig; City Attorney Bob
McFarland; City Secretary Susan Crim; Director of Planning & Development Bo Bass; City
Engineer Paul Kruckemeyer, P.E.; Director of Economic Development and Marketing
Dave Witcher; Director of Administrative Services Tom Cox; Director of Community
Services Rick Herold; Senior Administrative Assistant Scott Campbell; Assistant City
Engineer Andrea Baxter; Personnel Manager Ruth Alley; City Planner Carol Griffith;
Reserve Police Officer Clyde Cullum;Administrative Assistant Cathy DiMaggio; Inspection
Services Supervisor Jim Moy; Administrative Secretary Linda Lux; Accounts Payable
Clerk Jan Turner; Field Tech Cary Stevenson; and Assistant to the City Secretary Becky
Null.
Visitors
Rose Miller, Doug Rivers, Ralph Williamson, Andy Chesney, Carroll Scott, Wes Weeks,
and other visitors as noted on the visitor's register.
PLEDGE OF ALLEGIANCE
Junior Girl Scout Troop #1559 led the Pledge of Allegiance.
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 2
INVOCATION
Father Jim Hart, St. Michael Catholic Church, gave the invocation.
ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR OCTOBER
Rick Herold introduced Linda Lux, Administrative Secretary in the Community Services
Department, and Mayor Saleh presented her a plaque as Employee of the Month for
October.
ITEM NO. 2 PRESENTATION OF 15-YEAR SERVICE PIN
Rick Herold introduced Cary Stevenson, Field Tech Ill in the Parks Department, and
Mayor Saleh presented him a 15-year service pin.
ITEM NO. 3 HOLD PUBLIC HEARING OF SPECIFIC USE PERMIT #97-20-SUP -
LIGHTHOUSE AUTO WORKS
Mayor Saleh opened the public hearing at 7:14 p.m. to discuss Specific Use Permit#97-
20-SUP, a request of Thomas and Cheryl Walz for used auto sales on .4436 acres of
land out of the A. M. Downing Survey, A-415, located at 1610 W. Euless Blvd.
'r.. Director of Planning & Development Bo Bass stated that approximately a year ago a
request for a specific use permit for auto sales was denied for the same location. He
also stated that the Development Review Committee recommended denial to the Planning
& Zoning Commission and that the Planning & Zoning Commission recommends denial
to the City Council.
Mr. Torn Walz, owner of 1610 W. Euless Blvd., made a presentation stating that the
property is one-half acre of land with a 2,000 sq. ft. brick building. He noted the
improvements made to the property over the past year, which has increased the property
taxes. He also noted that he is in 95% compliance with the TX-10 zoning district
requirements, although he is not required to do so. He stated reasons why the area was
a good location for used car sales.
There being no other proponents or opponents, Mayor Saleh closed the public hearing
at 7:31 p.m.
ITEM NO. 4 CONSIDER APPROVAL OF SPECIFIC USE PERMIT #97-20-SUP -
LIGHTHOUSE AUTO WORKS
Council Member Baker stated that Mr. Walz made a good, positive presentation.
Mayor Pro Tern Miller motioned to deny Specific Use Permit #97-20-SUP.
Nair
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 3
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
Nays: None
Mayor Saleh declared the motion carried.
Mayor Pro Tern Miller stated that Mr. Walz made a good proposal, but he still did not
believe it was the best use of the property.
ITEM NO. 5 HOLD PUBLIC HEARING OF SPECIFIC USE PERMIT#97-06-SUP - FULL
BOAR CYCLES
Mayor Saleh opened the public hearing at 7:34 p.m. for the specific use permit request
of Randy Hobbs for motorcycle sales located at 114 W. Euless Blvd, described as Tract
1B1A Halford Survey, A-711.
Director of Planning & Development Bo Bass stated that Mr. Hobbs currently operates
Full Boar Cycles, used motorcycle sales, in a C-2 zone at that location. Mr. Hobbs
applied for a specific use permit after code enforcement determined that there were
•.• outdoor violations, of which Mr. Hobbs was unaware, and that a specific use permit was
required. This is an older structure in an older part of town. Staff feels there are some
modifications that could be made and, therefore, recommends approval. Planning &
Zoning Commission recommended denial. Mr. Bass believed a solution could be
negotiated to keep an active business in place.
Mr. Randy Hobbs, owner of Full Boar Cycles, stated he opened his business in April,
1994, unaware of the outside storage display ordinance being put into effect. He sells
pre-owned Harley Davidson motorcycles. Approximately 98% of his business comes from
outside Euless. He stated that the display of motorcycles out front caused people to stop
in at his business, and that removing the motorcycles would eliminate a lot of business.
Harley Davidson will not allow him to put out a sign advertising Harley Davidsons for sale.
He explained that during the last three weeks since he received the notice of violation,
he has had customers think he is going out of business without the motorcycles out in
front of the building. He has requested spaces for 26 motorcycles out front, but would
be willing to go with less.
There being no additional proponents or opponents, the public hearing was closed at 7:48
p.m.
ITEM NO. 6 CONSIDER APPROVAL OF SPECIFIC USE PERMIT #97-06-SUP - FULL
BOAR CYCLES
Mayor Pro Tern Miller stated he thought the motorcycles needed to be behind the building
with parking out front.
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 4
Mr. Hobbs noted that most of his business came from people who saw the motorcycles
and stopped or told their friends about the place. The name of his business on the side
of his building does not really tell people what he sells.
Council Member Baker asked Mr. Hobbs how many motorcycles he could get by with out
front.
Mr. Hobbs stated 10 or 12.
Council Member Baker stated it would be detrimental to eliminate all of Mr. Hobb's display
and wanted to see him stay in business.
After additional discussion concerning parking, the number of motorcycles, if any, that
would be feasible out front, paving and fencing the area in back of the building, Mr. Bass
noted that this request requires a three-quarter vote to approve and it is not only for
outdoor storage, but is also a request to allow Mr. Hobbs to continue selling motorcycles.
If this request is denied, Mr. Hobbs would be made to stop selling motorcycles. He
stated that a time limit could be placed on this request with approval.
Mayor Saleh stated that the council is trying to find a way to allow him to stay in business
without disregarding the City's ordinances.
`.. City Manager Tom Hart stated that Mr. Bass had hoped to meet with the applicant and
asked that the Council move to the next item and allow them time for discussion.
Council Member Tyson stated there was a parking problem and asked how much room
there was for parking spaces in front of the building, and how many would be left if 10
to 12 motorcycles were allowed.
Mr. Bass stated there could be parking spaces for 8 to 10 vehicles without motorcycles.
He stated that there are several ways it would be done and he really needed to discuss
it with Mr. Hobbs.
Mayor Saleh stated that this item would be continued later in the meeting so that Mr.
Bass and Mr. Hobbs could further discuss the issues and come to some agreement.
ITEM NO. 7 CONSIDER APPROVAL OF AN OFF-PREMISE SIGN VARIANCE ON
PROPOSED LOT 2, BLOCK C, TEXAS STAR ADDITION
Mayor Pro Tem Miller motioned to approve the request to allow an off-premise sign for
the Texas Star complex on proposed Lot 2, Block C, Texas Star Addition.
Council Member Edwards seconded the motion.
v... Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 5
v,.. Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 8 CONSIDER APPROVAL OF CHANGE ORDER FOR WESTPARK WAY
UTILITY RELOCATION PROJECT
Council Member Edwards motioned to approve a change order for the Westpark Way
Utility Relocation project in the amount of $46,227.72 to J. C. Evans Construction.
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 9 CONSIDER SECOND AND FINAL READING OF ORDINANCE NO. 1251
Ordinance No. 1251 amending Chapter 84 "Unified Development Code" of the Code of
`.. Ordinances, by amending the City of Euless Zoning District Map for Lot 3, Euless Square
Addition, from C-2 Community Business District to R-5 Multi-family Residential District
was approved by a vote of 4-3-0 at the October 14, 1997, City Council meeting.
Approval of the ordinance requires a second reading due to not receiving five affirmative
votes on the first reading.
Director of Planning & Development Bo Bass stated that staff now recommended that the
property remain its current zoning of C-2 instead of the proposed R-5 approved in the first
reading of Ordinance No. 1251.
Mayor Pro Tern Miller motioned to deny the second and final reading of Ordinance No.
1251.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Baker, Walker and
Edwards
Nays: Council Member Hogg
Mayor Saleh declared the motion carried.
Nifty
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 6
ITEM NO. 10 CONSIDER EXTENSION OF LAIDLAW WASTE SYSTEMS
CONTRACT
Council Member Hogg motioned to approve a five-year extension of the Laidlaw Waste
Systems Contract with a$100,000 performance bond being added to the contract and the
following conditions: (1) Increase commercial matrix to reflect an increase of 9.54% in
year one; (2) review of commercial rate structure to occur at the end of Year 2 and Year
4, that may be based on the percentage change of DFW CPI for 70% of the rate
(operational) and the average percentage change in gate rates at an agreed upon group
of area landfills for 30% of the rate (disposal); (3) residential rate of$6.19 net of franchise
fees until end of Year 3, subject for review in March 2, 2001; and (4) elimination of
Wednesday/Saturday collection.
Council Member Walker seconded the motion.
Council Member Tyson noted that the approved rates will put us above area cities. He
wanted a commitment that Euless will have the lowest rate once North Richland Hills,
Hurst and Bedford approve their rate changes.
Mr. Doug Rivers, Laidlaw Waste Systems, stated he had no way of making that
guarantee; however, he believed that would be the case.
�.. After discussion regarding the rates for area cities it was noted that North Richland Hills
rate is $5.77, Hurst is $5.85, Bedford is $6.20, and Euless will be $6.19.
Mr. Cox noted that North Richland Hills and Bedford are up for a rate increase in May
and August.
Council Member Tyson stated that a lot of time and money was spent on the March,
1997, solid waste and recycling survey and felt that a majority of complaints from citizens
have not been addressed; i.e., inconsistent pick up times, scattered garbage, hydraulic
fluid leaks, etc. He thought not only the cost should be negotiated, but also the service.
Administrative Assistant Cathy DiMaggio stated that the city just went to the take-all
service in November, 1996, and a lot of people probably were not aware of that service
when the survey was taken. She stated that most of the complaints now are for missed
pick ups. She stated that they have not received scattered garbage complaints in
approximately 3 months.
Mr. Rivers stated that he read the survey the day the results were compiled and used that
as a learning process. He believed the complaints mentioned were serious service issues
and he has been trying to stay on top of the situation to keep complaints at a minimum.
He has supervisors out in the field checking on the service daily. He stated he is
committed to providing the best service possible and does take input from city staff.
Mayor Pro Tern Miller stated that up until two months ago when he talked to Mr. Rivers,
the trash in his area was missed quite a lot. He questioned whether there were other
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 7
�.. parts of town that were experiencing a lot of missed pick ups. He thought there should
be a way to communicate with Laidlaw regarding where the problems lie.
Ms. DiMaggio stated that the chronic area of complaints have been along the edge of
routes or where a home is by itself next to apartments. However, in those cases, the
problem has been handled.
Mr. Cox stated that Mr. Rivers is going to provide him with the list of routes so that it can
be determined which routes are having problems and who the drivers are.
Council Member Tyson thought there should be a commitment from Laidlaw to the
citizens as to whether their garbage would be picked up in the morning or evening.
Mr. Rivers stated that growth and other changes can cause routes to change. He did not
mind providing the city with the route information, but did not feel he could commit to the
citizens.
After additional discussion, the vote was taken as follows:
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
�.. Nays: None
Mayor Saleh declared the motion carried.
NOTE: MAYOR SALEH CALLED FOR A TEN MINUTE RECESS AT 8:33 P.M.
AND THE MEETING RECONVENED AT 8:42 P.M.
ITEM NO. 11 CONSIDER EXTENSION OF COMMUNITY WASTE DISPOSAL
RECYCLING CONTRACT
Council Member Edwards motioned to approve a five-year extension of the Community
Waste Disposal Recycling Contract with the following conditions: (1) Residential net rate
will decrease from $1.62/month to $1.52/month for single family, $0.79/month to
$0.76/month for senior citizens, (multi-family rates will remain the same at$0.85/unit); (2)
these rates will be guaranteed for the first 36 months of the contract; and (3) at the end
of three years, CWD may petition for a price adjustment.
Council Member Baker seconded the motion.
Council Member Tyson stated that the citizen survey also included recycling and felt this
was a negotiation process, as well as consideration of rate change. He did not believe
one pick up a week was cost effective. He preferred one pick up every other week.
Mayor Saleh noted that the Council spent approximately two years studying recycling,
and it was determined that reducing the number of pick ups did not reduce the cost.
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 8
N,,. After considerable discussion regarding the cost effectiveness of recycling, Mr. Cox noted
that although recycling is not as economical as might be desired, it is the right thing to
do.
The vote was taken as follows:
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members, Hogg, Baker, Walker and
Edwards
Nays: Council Member Tyson
Mayor Saleh declared the motion carried.
ITEM NO. 12 CONSIDER APPOINTMENTS OF BOARD AND COMMISSION
MEMBERS
Council Member Walker motioned to approve the following appointments:
Robert Lumpkins, Jr. Place 3 Civil Service Commission
Carla Shields Alt. #1 Civil Service Commission
Tracey Stephens Animal Shelter Advisory Board
�.• Council Member Edwards seconded the vote.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 13 APPROVAL OF MINUTES
Mayor Pro Tern Miller motioned to approve the minutes of the Regular Meeting of
October 14, 1997.
Council Member Baker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6 CONTINUATION OF THE CONSIDERATION OF APPROVAL OF
SPECIFIC USE PERMIT #97-06-SUP - FULL BOAR CYCLES
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 9
Mr. Bass stated that Mr. Hobbs was agreeable to 12 motorcycles with three striped
parking spaces in front, landscaping, a split rail fence and an all-weather surface in the
rear with the remainder of the motorcycles located in the rear. There would also be
additional parking provided in the rear.
In response to Councilman Tyson's question, Mr. Hobbs stated that he had permission
to use the parking spaces on the west side of his building.
Mayor Pro Tern Miller and Councilman Tyson expressed concerns with having
inconsistent standards.
Mr. Bass stated that the Council has the right to change the standards and to also set a
time limit on their approval.
Council Member Baker motioned to approve Specific Use Permit #97-06-SUP for a
maximum of 12 motorcycles on display in front, three parking spaces provided in front,
sufficient landscaping and screening to ensure harmony and compatibility with adjacent
properties, parking provided in the rear satisfactory to staff, and a 7-year time limit for
operation.
Council Member Hogg seconded.
... Ayes: Mayor Saleh, Council Members Hogg, Baker, Walker
Nays: Mayor Pro Tern Miller, Council Members Tyson and Edwards
Mayor Saleh declared the motion failed for lack of a three-quarter vote.
Council Member Edwards stated she preferred a 3-year time limit instead of a 7-year time
limit.
Council Member Edwards motion to approve Specific Use Permit #97-06-SUP for a
maximum of 12 motorcycles on display in front, three parking spaces provided in front,
sufficient landscaping and screening to ensure harmony and compatibility with adjacent
properties, parking provided in the rear satisfactory to staff, and a 3-year time limit for
operation.
Council Member Walker seconded the motion.
Ayes: Mayor Saleh, Council Members Hogg, Baker, Walker and Edwards
Nays: Mayor Pro Tem Miller, and Council Member Tyson
Mayor Saleh declared the motion failed for lack of a three-quarter vote.
City Attorney McFarland asked Mr. Bass if this was a non-conforming use.
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 10
"o... Mr. Bass stated no, that the permit was issued by mistake.
Mr. McFarland noted that this was not a permitted use in the C-2 area and Mr. Hobbs
could not continue business without the specific use permit.
After additional discussion regarding reducing the number of motorcycles and increasing
the amount of parking, Mayor Pro Tem Miller motioned to approve Specific Use Permit
#97-06-SUP for a maximum of six motorcycles on display in front, four parking spaces
provided in front, sufficient landscaping and screening to ensure harmony and
compatibility with adjacent properties, parking provided in the rear satisfactory to staff,
and a 3-year time limit for operation.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker,
Walker and Edwards
Nays: None
Mayor Saleh declared the motion carried.
Council Member Tyson noted that Mr. Hobbs had t-shirts, etc., with the name "Useless"
r.• on them and suggested that he discontinue using that in his advertising and products.
ITEM NO. 14 REPORTS
City Manager
City Manager Torn Hart suggested the council stop by David Witcher's office to see the
architectural renderings of the proposed entry way signs. He also noted that Bob
McFarland was able to get more money from the Euless Town Center loan, noting the
city received $60,000 instead of $46,000 in repayment of the incentive loan from Euless
Town Center.
He reminded the council of the activities planned for Saturday, November 8, 9:00 a.m.
to 5:00 p.m., at the Parks at Texas Star
City Attorney
City Attorney Bob McFarland had no report.
Staff
There were no staff reports.
City Council
CITY COUNCIL MINUTES OCTOBER 28, 1997 PAGE 11
Council Member Tyson congratulated Linda Lux and Cary Stevenson. He stated he
attended the Library Gala and the facilities were nice. He noted there was a mistake in
the published fire rating for Euless, which was reported as a 4, but was actually a 3.
City Manager Hart noted that the fire rating was also a result of work by Public Works
and Engineering.
Council Member Hogg also congratulated Linda Lux and Cary Stevenson.
Council Member Baker congratulated Linda Lux and Cary Stevenson.
Council Member Miller congratulated Linda Lux and Cary Stevenson and noted that they
were two of his favorite people. He noted that the city is going to be going through
changes with the rezoning and code enforcement.
Council Member Walker congratulated Linda Lux and Cary Stevenson and also
congratulated Council Members Baker and Edwards on their recent birthdays.
Mayor Saleh stated she had met someone today that had just visited the Development
department and had high praises for the department. She also thought the Benefit Fair
was a great success. She stated that the Texas Municipal League Annual Conference
begins on Wednesday in Fort Worth and Tom Hart will be a speaker.
The Council convened into closed session to discuss real estate deliberations as
authorized by Section 551.072 of the Texas Government Code.
ITEM NO. 15: ADJOURN
The meeting was adjourned at 9:46 p.m.
APPROVED:
ihp,e;/,c-4,4",Mary Lib
Mayor
ATTEST:
Susan rim, C %AAE
�•• City Secretary