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HomeMy WebLinkAbout2003-02-11 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL FEBRUARY 11, 2003 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:05 p.m. on Tuesday, February 11, 2003, in the Administration Building Conference Room. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Carl Tyson and Council Members Leon Hogg, Charlie Miller, Glenn Porterfield, and Veva Lou Massey. Council Member Bob Edwards was absent. Precouncil discussion was held on agenda items and other scheduled items. Closed session was held to discuss personnel matters for a city attorney supplement contract as authorized by Section 551.074 of the Texas Government Code. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers, 201 N. Ector Drive, at 7:00 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, City Attorney Bob McFarland, City Attorney Paul Wieneskie, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Planning and Development Mike Collins, Director of Economic Development Bill Ridgway, Director of Public Works Ron Young, Fire Chief Lee Koontz, Police Chief Leonard Carmack, Director of Fiscal and Administrative Services Loretta Getchell, Interim Director of Parks & Community Services Ray McDonald, Assistant Police Chief Bob Freeman, Fire Battalion Chief/EMS Jeff Morris, Police Captain Harland Westmoreland, Texas Star General Manager Glenda Hartsell- Shelton, City Engineer Robert Barker, Public Works Manager Chris Barker, Human Resources and Risk Administrator Tammy Money, Fleet & Facility Administrator Kyle McAdams, Fire Battalion Chief Gary Thompson, Fire Battalion Chief Darrell Rutledge, Fire Captain Ronnie McLendon, Fire Captain Keith Smith, Police Lt. Steve Kockos, Fire Lt. Jerry Sutton, Fire Lt. Scott Stamps, Human Resources Specialist Chris Grushkowsky, Information Services Manager Dan McLain, Right-of-Way Consultant Albert Hall, Sr. Civil Engineer Jim Bennett, Sr. Civil Engineer Allen Harts, Special Projects Manager Lou Baum, Fire Inspector Charles Anderson, Firefighter II/EMT Paramedic Cole Brown, Firefighter II Richard Witten, Firefighter II Kelly Varwig, Firefighter Jacob Smith, Fire Training Officer Dale Skinner, and Communications/Marketing Manager Lori De La Cruz. City Council Minutes Page 2 of 12 February 11,2003 VISITORS Mike & Leland Brown, Charlene & Bill Brown, Walter Elliott, Tom Taylor, 0. D. Lively, Stephanie Thompson, Helen Wagner, Brian Farrington, Tim Anderson, Rick Vaughn, Alex Horton, Carroll Scott, Ellen Schroeder, Mike Utzman, John Voss, Carl Miller, Billy Owens, and other visitors as noted in the visitors' register. INVOCATION Pastor Timothy Anderson, Life Impact Fellowship, gave the invocation. PLEDGE OF ALLEGIANCE Brownie Troop No. 1544, led the Pledge of Allegiance. Mayor Saleh recognized several members of Boy Scout Troop No. 758 attending the council meeting for their merit badges. ITEM NO. 1 PRESENTATION OF PROCLAMATION Police Chief Leonard Carmack introduced recently retired Police Lieutenant Mike Brown, his son, Leland, and parents, Charlene & Bill Brown. Mayor Saleh presented Mike with a proclamation recognizing him for 25 1/2 years of service with the City of Euless. ITEM NO. 2 PRESENTATION OF PROCLAMATION Mayor Saleh presented Director of Public Works Ron Young and his staff, City Engineer Robert Barker, Civil Engineer Jim Bennett, Civil Engineer Allen Harts, and Right-of-Way Consultant Albert Hall, with a proclamation proclaiming February 16-22, 2003, as National Engineers Week. Ron Young presented Mayor Saleh a framed poster depicting National Engineer's Week. CONSENT AGENDA Counsil Member Miller motioned to approve Consent Agenda Items numbered 3 through 8. Council Member Porterfield seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 3 of 12 February 11,2003 ITEM NO. 3 AUTHORIZING MAYOR TO EXECUTE A RIGHT-OF-WAY EASEMENT Authorized the mayor to execute a right-of-way easement across city-owned property from the west side of Gateway Blvd., approximately 350 feet north of Mid-Cities Blvd. ITEM NO. 4 APPROVAL OF RESOLUTION NO. 03-1145 Approved Resolution No. 03-1145 endorsing the implementation of a continuing pretreatment program for the Central Regional Wastewater System. ITEM NO. 5 AWARD OF BID NO. 004-03 Awarded Bid No. 004-03 to Village Ford Auto Group, Lewisville, Texas, for the purchase of two, one-ton dual rear wheel trucks with platform beds in the amount of $26,488 each, for a total of$52,976. ITEM NO. 6 AWARD OF BID NO. 005-03 Awarded Bid No. 005-03 to Southwest Ford, 3001 Ft. Worth Hwy., Weatherford, Texas, 76086, for the purchase of three, three-quarter ton pickups in the amount of $20,998 each, for a total of $62,994. ITEM NO. 7 AWARD OF BID NO. 006-03 New Awarded Bid No. 006-03 to Philpott Ford Sales, 2727 Nall Street, Port Neches, Texas, 77651, for the purchase of one, three-quarter ton truck with utility bed in the amount of $25,550. ITEM NO. 8 APPROVAL OF CITY COUNCIL MINUTES Approved minutes of the Regular City Council Meeting of January 28, 2003. REGULAR AGENDA ITEM NO. 9 APPROVAL OF RESOLUTION NO. 03-1147 Mayor Pro Tem Tyson motioned to approve Resolution No. 03-1147 calling a general election for the offices of City Council Members, Place Five (5) and Place Six (6) for Saturday, May 3, 2003; and establishing the dates and times for early voting for such election; and establishing a date of Saturday, May 31, 2003, for a runoff election, if required. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Miller, Porterfield, and Massey City Council Minutes Page 4 of 12 February 11,2003 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1574 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1574, amending Chapter 86, "Utilities," Article Ill, "Wastewater Collection and Treatment," of the Euless Code of Ordinances setting forth uniform requirements for the users of the publicly owned treatment works for the City of Euless. Council Member Massey seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 02-18-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1575 Mayor Saleh opened the public hearing at 7:22 p.m. regarding Specific Use Permit No. 02-18-SUP on Tracts 3C01, 3C1, 3D & 4, Solomon Huitt Survey, A-705, and Lot 1, Block 1, Jones-Ladenberger Addition, for a church, First United Methodist Church of Euless, in TX-10 (Texas Highway 10 Multi-Use District) zoning on 106 N. Main Street. Planning and Development Director Mike Collins stated that the First United Methodist Church of Euless is requesting approval to build a two-story addition to the church, which requires the church to apply for a specific use permit. The church was constructed prior to the requirement of such permit. There being no proponents, or opponents, Mayor Saleh closed the public hearing at 7:25 p.m. Mr. Walter Elliott, representing First United Methodist Church of Euless, was present to answer any questions. Council Member Massey motioned to approve the first and final reading of Ordinance No. 1575 for Specific Use Permit No. 02-18-SUP on Tracts 3C01, 3C1, 3D & 4, Solomon Huitt Survey, A-705, and Lot 1, Block 1, Jones-Ladenberger Addition, for a church, First United Methodist Church of Euless, in TX-10 (Texas Highway 10 Multi-Use District) zoning on 106 N. Main Street. City Council Minutes Page 5 of 12 February 11,2003 Council Member Miller seconded the motion. Ayes: Mayor Pro Tern Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Abstentions: Mayor Saleh Mayor Saleh declared the motion carried, and stated she abstained since she is a trustee on the church board. ITEM NO. 12 APPROVAL OF SITE PLAN NO. 02-07-SP Planning and Development Director Mike Collins stated that the First United Methodist Church of Euless is proposing a 7,411 sq. ft., two-story addition to the east side of the Hey' Building of the church to be used as a new educational and preschool facility. A porte cochere is also proposed for the main entry. The two southern access points off of Main Street will be consolidated into a single drive approach, allowing a right turn only or north bound exit onto Main Street. New lighting will be added and all fire lanes will meet required paving standards. Existing parking, trees and shrubbery, will satisfy parking and landscaping requirements. Council Member Miller asked what plans were made to prevent stray balls from the ball field going into adjacent traffic. Mr. Walter Elliott, representing First United Methodist Church of Euless, stated that there would be fencing to catch foul balls on the ball field, and that the field is being built primarily for use by small children. Council Member Hogg motioned to approve Site Plan No. 02-07-SP for the First United Methodist Church of Euless located on Tracts 3C01, 3C1, 3D & 4, Solomon Huitt Survey, A-705, and Lot 1, Block 1, Jones-Ladenberger Addition, located at 106 N. Main Street. Council Member Porterfield seconded the motion. Ayes: Mayor Pro Tern Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Abstentions: Mayor Saleh Mayor Saleh declared the motion carried, and again abstained since she is a trustee on the church board. City Council Minutes Page 6 of 12 February 11,2003 ITEM NO. 13 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 02-19-SUP AND DENIAL OF ORDINANCE NO. 1576 Mayor Saleh opened the public hearing at 7:30 p.m. regarding Specific Use Permit No. 02-19-SUP on Lot A41 R, Block 1, Oakwood Terrace Addition, for rental and leasing of trucks in TX-10 (Texas Highway 10 Multi-Use District) zoning at 407 W. Euless Boulevard. Planning and Development Director Mike Collins stated that Euless Transmission currently operates an automotive repair facility on a 1.5 acre site at the corner of Vine Street and SH 10. The company is proposing to include a truck rental facility on the southwest side of the existing site. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:32 p.m. Council Member Miller motioned to deny Ordinance No. 1576 for Specific Use Permit No. 02-19-SUP on Lot A41 R, Block 1, Oakwood Terrace Addition, for rental and leasing of trucks in TX-10 (Texas Highway 10 Multi-Use District) zoning at 407 W. Euless Boulevard. He stated his reasons for denying the motion are that the lot will be over crowded, will not be adding to the aesthetics next to area businesses, and will not enhance SH10 and advance what the council is trying to accomplish along that roadway. Council Member Hogg seconded the motion. Council Member Porterfield stated that it is important to have the principals present at the council meeting. Since he did not see anyone representing this business here tonight, he would have to vote no on this request. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. In light of the fact that the applicant was absent, the council stressed the importance of the applicant being in attendance at the meeting to present their request and answer questions. ITEM NO. 14 PUBLIC HEARING AND APPROVAL OF FIRST READING OF ORDINANCE NO. 1578 Mayor Saleh opened the public hearing at 7:36 p.m. regarding the extension of the current Oncor Electric Delivery Company Franchise Agreement six months to October 'MIN/ 30, 2003, from its current expiration date of April 30, 2003. City Council Minutes Page 7 of 12 February 11,2003 Director of Economic Development Bill Ridgway stated that Oncor's franchise expires on April 30, 2003, and negotiations are continuing. He stated that staff is working on a stronger franchise agreement from the city's standpoint. Bedford and Hurst are also working on extending their franchise agreements. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Member Massey motioned to approve the first reading of Ordinance No. 1578 extending the current Oncor Electric Delivery Company Franchise Agreement six months to October 30, 2003, from its current expiration date of April 30, 2003. Mayor Pro Tern Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1579 Director of Fiscal and Administrative Services Loretta Getchell stated that pursuant to a water rate study presented on January 14, 2003, staff is proposing an increase in the water and sewer rates effective March 1, 2003. The water base rate would go from $7.00 to $7.25; water volume per 1,000 gallons, from $2.34 to $2.60; sewer base, from $5.20 to $5.50; and sewer volume per 1,000 gallons of 90% of metered water, from $1.39 to $1.93. The increase is necessary to fund the projected operations and maintenance costs and to provide approximately 50% of the estimated annual capital replacement costs. There has been no increase in sewer rates since 1990 and no increase in water rates since 1992, except for a TRA pass-through of 11¢ in 1999. The proposed rates will allow Euless to continue to be competitive with surrounding communities and will allow us to continue to operate in a sound financial condition. Director of Economic Development Bill Ridgway stated that the fee schedule is being revised to reflect the recent rates approved by the new solid waste and recycling franchise agreements. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1579, amending Chapter 30, "Fees," Section 30-16, "Solid Waste Collection," and Section 30-35, "Water and Sewer Service—Monthly Rates," of the Code of Ordinances. Mayor Pro Tern Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Tyson, Council Members Hogg, Miller, Porterfield, and Massey City Council Minutes Page 8 of 12 February 11,2003 Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 PUBLIC COMMENTS There were no public comments. ITEM NO. 17 REPORTS There were no reports. NOTE: Mayor Saleh called for a recess at 7:45 p.m. and reconvened the meeting at 7:57 p.m. ITEM NO. 18 HEAR CIVIL SERVICE APPEAL OF FIRE LIEUTENANT JERRY SUTTON Mayor Saleh explained the process to be followed in hearing the Civil Service appeal of Fire Lieutenant Jerry Sutton. She stated there would be a presentation by Lt. Jerry Sutton, then City Manager Joe Hennig, with rebuttal and closing remarks from Lt. Sutton, rebuttal and closing remarks from Joe Hennig, ending with questions from city council. The council will then convene into closed session for deliberation and reconvene in open session for consideration of action to be taken. City Attorney Paul Wieneskie stated the objective of the hearing is to allow the council to hear enough information to make an intelligent decision. He encouraged the council to wait until the end of the presentation to ask a question. However, if the council needs to ask a question in order to understand the presentation, they should feel free to go ahead and ask the question. Mayor Saleh stated that she would not set a time limit on the presentations, but would limit the rebuttals to 5 minutes. She asked Lt. Jerry Sutton to begin the presentations. Mr. Tom Taylor, with the State Firefighter's Association and representing Lt. Jerry Sutton, distributed a handout containing Lt. Sutton's letter of appeal, Civil Service Rules and Regulations, Chapter 4, Promotional Examinations, eligibility lists, job description, and definitions of "duly qualified" and "discrimination" to the council. Mr. Taylor stated: (1) Lt. Sutton's claim is that the civil service rules were discriminatorily enforced by city management; (2) a member on the eligibility list was promoted without having two years in the position of Lieutenant and, therefore, was not duly qualified; (3) a candidate can take an exam, but not be qualified for promotion until he is duly qualified as listed in the job classification; (4) Chapter 4 of the Civil Service Rules and Regulations deals with promotional exams and Section 4.02 states who can take the promotion exam. Section 4.08 indicates how the eligibility list is derived and Section 4.17 clearly states that a person is not eligible for promotion until all the requirements have been met; (5) the �"►- requirements listed in the job classification states who is duly qualified. Section 141.003 of the Local Government Code states that each municipality shall classify all positions, which Euless has done, listing knowledge and skills needed; (6) the job classification for City Council Minutes Page 9 of 12 February 11,2003 Fire Captain states "must have served a minimum of two years in the position of Lieutenant", along with other requirements that begin with "must"; and (7) the fire department is a para-military type of organization and serving in a lower position allows someone to get the needed experience to become a senior officer in the fire department. This is a minimum requirement, and the word "must" means mandatory. Mayor Saleh asked for the city manager's presentation. City Manager Joe Hennig introduced Brian Farrington, the city's personnel and labor legal council, and stated Mr. Farrington was present to assist with any questions. He stated that Deputy City Manager Gary McKamie was present when these rules were originally written and was involved in the revision of the new set of rules in 1998. Fire Chief Lee Koontz was also involved in the revision. Human Resources and Risk Administrator Tammy Money was not personnel director at the time, but has since been involved and is very familiar with the process. Mr. Hennig stated the question is, "does a 1(a) employee have the right to test and to promote under the Euless Civil Service rules?" He stated that the State Civil Service Rules do require two years in a grade before promotion, but the city's Civil Service Rules and Regulations do not. Mr. Hennig noted that the council was given a brief summarizing the city's position, along with a background book, prepared by staff, containing all the relevant documents. He also distributed to the city council and Mr. Taylor, a copy of the minutes from the Civil Service Commission meeting held September 14, 1998. Mr. Hennig pointed out that the Euless Civil Service Rules and Regulations require in Section 4.02D of the Civil Service Rules and Regulations that there be a minimum of three candidates in order for the promotional exam to be given. The candidates are then placed on the eligibility list in order of their scores with the highest scorer being placed at the top. If there are not three candidates who meet qualifications (Group I employees) for promotion, the rules allow the exam to be opened to employees who meet the qualifications, with the exception of less time in grade called for in the job description. These employees are called Group 1(a) employees. If there are still not three candidates, the exam can then be opened to Group II employees, which are those employees that meet all requirements for promotion and have at least two years in grade, but are more than one level below the vacant position. Finally, if there still are not three candidates, the exam is cancelled rather than sacrifice competition. Mr. Hennig explained that in this situation, Lt. Jerry Sutton and Lt. Rick Clark were the only Group I employees who signed up to test for Fire Captain. Lt. Keith Smith signed up for the test as a Group 1(a) employee. Four Group II employees signed up in case the third one was needed from that group. Lt. Sutton, Lt. Clark, and Lt. Smtih took the test and Lt. Smith came out on top of the eligibility list. Lt. Sutton passed the exam with five points below Lt. Smith. When the Captain position came open, Lt. Smith was offered and accepted the promotion. All three candidates knew of their eligibility status 45 days prior to the test, allowing ample time to file an appeal if there was disagreement with the eligibility of a candidate. No appeal was filed, and the test was given. City Council Minutes Page 10 of 12 February 11,2003 Mr. Hennig pointed out that the minutes, previously distributed, of the Civil Service Commission Meeting of October 14, 1998, indicate that Lt. Sutton asked questions regarding the eligibility of Group 1(a) employees to take the test and be promoted. Chief Koontz responded to this question in a memo to Personnel Manager Ruth Alley with a copy to Tom Cox, the director over personnel. Chief Koontz response indicated that Group 1(a) employees were eligible per the Civil Service Rules and Regulations adopted in November, 1998. Mr. Hennig stated the rules were applied correctly and Lt. Keith Smith was promoted to Captain. He urged the council to deny the appeal by Lt. Sutton and stand behind the principles governing the promotion. Mayor Saleh asked for a rebuttal from Mr. Taylor and Lt. Sutton. Mr. Taylor again stated their position is that an employee has to be duly qualified to serve in that position, and the word "must" in the job description means mandatory, requiring an employee to be in the Lieutenant position at least two years to be duly qualified. He also stated that Lt. Sutton never received a response indicating that someone taking the exam could be promoted that did not meet the minimum qualifications. Jerry Sutton stated he filed the appeal because he felt an obligation to the citizens to ensure that the leaders in the fire department are qualified. `" ■■ In closing, Mr. Taylor stated that feelings needed to be take out of the decision and the rules abided by. Mayor Saleh asked for City Manager Joe Hennig's rebuttal. City Manager Joe Hennig stated the rules clearly state who is allowed to take the test. Mayor Saleh asked for any questions from the council. Mayor Pro Tem Tyson asked if Lt. Sutton received a copy of the written response from Chief Koontz to the questions he raised in 1998. Lt. Sutton stated that as the fire association president he did raise the questions in May, 2000, for a candidate, but did not receive a written response. He stated he met with Chief Koontz regarding the job description and certification document and asked if the certifications were being required and if the job description was being followed. Chief Koontz stated yes. He relayed the message back to the candidate that raised the question. Chief Koontz explained that Lt. Sutton came to his office and simply asked if they were following the job descriptions for promotion exams. Battalion Chief Jeff Morris was also present at that meeting. Lt. Sutton never indicated there was a problem or that anyone '�- had raised questions with the exam. City Council Minutes Page 11 of 12 February 11,2003 Mayor Pro Tern Tyson asked Lt. Sutton what he tried to do to get answers to his questions in 1998 if he didn't receive a written response. Lt. Sutton stated that he assumed the association president at the time received the answers, but they were never relayed to him. He stated he did not push the issue and it didn't come up again until this case. Council Member Miller asked Lt. Sutton why he didn't keep asking the questions until he received an answer. Lt. Sutton stated that it is not uncommon to not receive answers to all your questions. He stated there is a chain of command and, for whatever reason, it didn't get answered to his satisfaction. City Attorney Paul Wieneskie asked Mr. Taylor, for clarification, if it was his position that there is a distinction in that a candidate could be eligible to sit for an exam, but not be eligible for promotion until that time in grade has been satisfied. Mr. Taylor stated that was correct. Mr. Wieneskie asked Mr. Taylor if he believed that was stated anywhere expressly in the Civil Service Rules and Regulations. Mr. Taylor stated that it does not specifically say, but they are relying on Section 4.17 for that interpretation of who is duly qualified. He stated that Lt. Sutton asked the question if someone was eligible to take the test, if they were also eligible for promotion. He felt the answer in Chief Koontz memo did not really answer the question. Deputy Chief Gary McKamie stated they maintain that Lt. Sutton received an answer; however, the person the memo was written to has passed away. He noted that Lt. Sutton's questions were raised to the Civil Service Commission, and the Commission reviewed the intent and adopted the rules as written. He again noted that the Civil Service Commission and City Council knew what the intent of the rules were when they were approved and did not suggest any change in wording to clarify. ITEM NO. 19 CLOSED SESSION FOR DELIBERATION OF PERSONNEL MATTERS AS AUTHORIZED BY SECTION 551.074 OF THE TEXAS GOVERNMENT CODE Mayor Saleh convened the council and city attorney into closed session at 8:52 p.m. to deliberate the Civil Service appeal of Fire Lieutenant Jerry Sutton. ITEM NO. 20 UPHELD ACTION OF THE CIVIL SERVICE COMMISSION APPEAL OF LT. JERRY SUTTON Mayor Saleh reconvened into open meeting at 9:14 p.m. City Council Minutes Page 12 of 12 February 11,2003 Mayor Pro Tern Tyson motioned to uphold the action of the Civil Service Commission, thereby, denying the appeal of Lt. Jerry Sutton. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Tyson, Council Members Hogg, Miller, Porterfield, and Massey Nays: None Mayor Saleh declared the motion carried. ITEM NO. 21 ADJOURNMENT The meeting was adjourned at 9:15 p.m. APPROVED: /11, IA-A r . A Mary Libi.aleh, Mayor ATTEST: _OA// /' s- rim, Mr C, City Secretary