HomeMy WebLinkAbout2004-08-17 MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
AUGUST 17, 2004
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, August 17, 2004, in the precouncil room of City Hall,
201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern
Glenn Porterfield, Council Members Carl Tyson, Leon Hogg, Linda Martin, Charlie
Miller, and Veva Lou Massey. Precouncil discussion included a development and code
update and a review of the proposed International Building Code and related fees from
Director of Planning and Development Mike Collins; a review of the proposed
International Fire Code by Fire Marshal Paul Smith; a report on Emergency Medical
Service response times from Assistant Fire Chief Robert Isbell; and a review of agenda
items.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS
The Euless City Council continued their meeting in the Council Chambers at 7:10 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 Secretary Susan Crim, Deputy City Secretary Becky Null, Director of
Planning and Development Mike Collins, Director of Public Works Ron Young, Director
of Parks and Community Services Ray McDonald, Director of Fiscal and Administrative
Services Loretta Getchell, Director of Economic Development Bill Ridgway, Assistant
Police Chief Bob Freeman, Assistant Fire Chief Robert Isbell, Division Fire Chief/EMS
Jeff Morris, Fire Marshal Paul Smith, Police Captain Harland Westmoreland, Police Lt.
Steve Kockos, Texas Star General Manager Glenda Hartsell-Shelton, Planning and
Development Manager Eric Wilhite, City Engineer Robert Barker, Fleet and Facilities
Administrator Kyle McAdams, Finance Administrator Vicki Rodriquez, Public Works
Manager Chris Barker, Library Administrator JoAnn Rogers, Purchasing Manager Gary
Gerland, Recreation Manager Suzanne Hendrickson, Building Official Kurt Kasson, Fire
Inspector Charles Anderson, Horticulture Foreman Jimmy Beck, Arborist Ralph Kline,
Purchasing Attendant Jerald Lively, Volunteer Coordinator Jerry Poteet, Public Works
Equipment Operator Bill Woods, Public Works Field Tech Greg Cameron, Police
Administrative Secretary Carol Agee, Insurance Claims Examiner Zella Stierwalt, Fire
Secretary Melissa Thomas, Information Services Manager Dan McLain, Computer
Services Specialist Brett Bennett, Communications/Marketing Manager Betsy Boyett,
Council Disposition Page 2 of 11 August 17, 2004
VISITORS
Shelley & Sara Kline, Linda Caram, Linda Martin, Boyce Byers, Candy Anderson, Greg
Black, Alex Horton, Carroll Scott, Billy Owens, Mike Utzman, and other visitors as noted
in the visitor register.
INVOCATION
Reverend Terry Young, North Euless Baptist Church, gave the invocation.
PLEDGE OF ALLEGIANCE
Girl Scout Troop No. 1540 led the Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR AUGUST
Director of Fiscal and Administrative Services Loretta Getchell introduced Purchasing
Manager Gary Gerland and Mayor Saleh presented Gary with a plaque for being
selected employee of the month for August.
ITEM NO. 2 PRESENTATION OF EMPLOYEE SERVICE PINS
Assistant Fire Chief Robert Isbell introduced Fire Inspector Charles Anderson, Director
of Public Works Ron Young introduced Public Works Field Tech Greg Cameron and
Public Works Equipment Operator Bill Woods, and Assistant Police Chief Bob Freeman
introduced Police Administrative Secretary Carol Agee.
Charles Anderson and Greg Cameron were presented with 5-year service pins, Bill
Wood was presented with a 20-year service pin, and Carol Agee was presented with a
30-year service pin.
ITEM NO. 3 PRESENTATION OF ARBOR DAZE AWARDS
Director of Parks and Community Services Ray McDonald introduced Arborist Ralph
Klein, Volunteer Coordinator Jerry Poteet, and Horticulturist Jimmy Beck.
Mayor Saleh presented the 2004 Texas Festivals & Events Association Marketing
awards for Best Educational Program - Forestry Village to Ralph Klein, Best Volunteer
Program to Jerry Poteet, Best Environmental Program - Tree Giveaway and Best New
Fund Raising Effort - Mother's Day, May Day, Plant Sale & Tree Giveaway, to Jimmy
Beck.
ITEM NO. 4 PRESENTATION OF AWARD
Director of Parks and Community Services Ray McDonald introduced SBC Director of
External Affairs Linda Caram and Mayor Pro Tem Glenn Porterfield presented her with
the 2004 Texas Festivals & Events Association Marketing Award for Best Educational
Program at Arbor Daze.
Council Disposition Page 3 of 11 August 17, 2004
y... ITEM NO. 5 PRESENTATION OF CERTIFICATE OF RECOGNITION
Council Member Miller read the Certificate of Recognition honoring Thurman Watson for
36 years of service to area youth. Mike Utzman also praised Mr. Watson's volunteer
work. The family was unable to attend to receive the certificate due to unforeseen
circumstances.
CONSENT AGENDA
Council Member Miller motioned to approve Consent Agenda Items numbered 6
through 9.
Council Member Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 6 APPOINTMENT OF CITY MANAGER TO THE NORTHEAST
TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT
BOARD
Appointed City Manager Joe Hennig to the Northeast Transportation Services Urban
Transit District Board (NETSUTD).
ITEM NO. 7 RENEWAL OF BID NO. 017-02
Approved renewal of Bid No. 017-02 for a one-year extension with Scott & White
Prescription Services for the city's prescription drug benefit plan.
ITEM NO. 8 AWARD OF CONTRACT
Awarded contract to Martin-Eagle Oil Company, Denton, Texas, for the purchase of bulk
gasoline & diesel fuels through a joint purchase agreement with the City of Hurst, with
an estimated expenditure of $175,000.
ITEM NO. 9 APPROVAL OF CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of June 22, 2004, as written.
Council Disposition Page 4 of 11 August 17, 2004
�.. REGULAR AGENDA
ITEM NO. 10 TABLING OF ORDINANCE NO. 1659
Mayor Pro Tern Porterfield motioned to table Ordinance No. 1659 indefinitely amending
Chapter 86 "Utilities," by Adding Section 86-1, "Right-of-Way and Easement Usage
Requirements".
Council Member Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 11 PUBLIC HEARING AND APPROVAL OF FIRST READING OF
ORDINANCE NO. 1658
Mayor Saleh opened the public hearing at 7:49 p.m. regarding the franchise agreement
for TXU Electric Delivery Company.
Director of Economic Development Bill Ridgway stated that the agreement is for 15
years.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:50
p.m.
Council Member Miller motioned to approve the first reading of Ordinance No. 1658
granting the right, privilege and franchise to TXU Electric Delivery Company to use the
public rights-of-way for delivery of electric power.
Council Member Massey seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
Council Member Miller stated that this franchise agreement is moving in the right
direction.
Council Disposition Page 5 of 11 August 17, 2004
ITEM NO. 12 APPROVAL OF SECOND AND FINAL READING OF ORDINANCE
�.. NO. 1642
Director of Planning and Development Mike Collins stated that the applicant, Gurdwara
Sikh Sangat Temple has complied with the original conditions placed on the specific use
permit.
Mr. P. S. Aurora, 336 Park Valley Drive, Lewisville, Texas, a member of the
congregation, stated that they used concrete for the parking lot instead of the asphalt
allowed. He noted the dumpster enclosure has been completed, and they have also
met with city staff regarding the landscaping. He stated they have spent $65,000 on
improvements and requested that there not be a time limit on the specific use permit.
Council Member Miller asked if the applicant would remove the asphalt on the west side
replacing it with grass and consider installing ballards to prevent parking in that area.
Mr. Aurora stated they would install ballards and that removing the asphalt and planting
grass is in their plans, but funds are limited.
Mayor Pro Tem Porterfield motioned to approve second and final reading of Ordinance
No. 1642 for Specific Use Permit No. 04-09-SUP for one year on Tracts 3E1 & 3N, Allen
M. Downen Survey, A-415, for Gurdwara Sikh Sangat Temple in TX-10 (Texas Highway
10 Multi-use District) zoning at 1400 West Euless Blvd.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, and Massey
Nays: Council Members Hogg, Martin, and Miller
Mayor Saleh declared the motion carried.
Council Members Miller and Hogg stated the reason they voted no was because of the
time limit condition.
ITEM NO. 13 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 04-02-SUP
AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1652
Mayor Saleh opened the public hearing at 8:06 p.m. regarding Specific Use Permit No.
04-02-SUP on Lot 1, Park Center Addition, for The Right Step, a chemical dependency
treatment center, in 1-2 (Heavy Industrial District) zoning at 2219 West Euless Blvd.
Director of Planning and Development Mike Collins stated that TRS Behavioral Care,
Inc., d.b.a. The Right Step, requests to operate a chemical dependency treatment
facility at 2219 W. Euless Blvd. The 126 bed facility will include short-term residency
and outpatient care. No federal or state government funds will be accepted that would
enable individuals involved in the criminal justice system to be treated. The fire marshal
Council Disposition Page 6 of 11 August 17, 2004
has worked with the applicant on an agreement to phase in the reconstruction of the fire
r... lanes.
Mayor Saleh asked for any proponents.
Kevin King, The Right Step Director of Operations for the North Texas Region, showed
a video aired on the Discovery Channel about the program. The average length of stay
for primary care patients is 14 - 30 days and for extended care clients is between 30
and 90 days. The facility is staffed 24 hours a day, seven days a week. This is not a
lock- down facility and patients can leave at will. They plan to be in the facility about
October 1.
There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 8:17 p.m.
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1652 for Specific Use Permit No. 04-02-SUP on Lot 1, Park Center Addition, for The
Right Step, a chemical dependency treatment center, in 1-2 (Heavy Industrial District)
zoning at 2219 West Euless Blvd. subject to the following conditions: (1) Valid for two
years, or upon completion of the Phase II fire lane construction, the applicant may
pursue renewal of the SUP; (2) Applicant volunteers to allow internal audits to be
performed by the City of Euless to verify funding sources; and (3) Tied to TRS
Behavioral Care, Inc., d.b.a. The Right Step.
Council Member Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1653
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1653 for the vacation and abandonment of a 15' sanitary sewer easement located in
Tract 2E3, Levi Franklin Survey, Abstract No. 513 (Bear Creek Estates, Phase IV).
Council Member Massey seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
Council Disposition Page 7 of 11 August 17, 2004
ITEM NO. 15 AWARD OF RFP NO. 022-04 FOR PPO NETWORK, THIRD PARTY
ADMINISTRATION, RE-INSURANCE, AND PRE-CERTIFICATION/
LARGE CASE MANAGEMENT
Director of Fiscal and Administrative Services recommended that health insurance
services be awarded to PHCS for PPO provider network, Web TPA for third party
administration, and American Health Holdings for large case management and pre-
certification.
Council Member Miller motioned to award PPO Network to PHCS at a cost of $4.75 per
employee per month; third party administration to Web TPA at a cost of $71,206;
utilization management to American Health Holdings at a cost of $2.10 per employee
per month for all in-patient and out-patient pre-certification, and large-case management
at an hourly rate of $95 per hour; and re-insurance to International Assurance of
Tennessee at an annual cost of$76,499.52.
Mayor Pro Tern Porterfield seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
Council Member Miller stated that staff presented council with the best options.
Council Member Tyson stated that Loretta Getchell and her staff did a very good job.
Mayor Saleh thanked Council Member Miller for his expertise in helping staff
understand the insurance issues.
ITEM NO. 16 PUBLIC HEARING AND ADOPTION OF PROPOSED CRIME
CONTROL AND PREVENTION DISTRICT BUDGET FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER
30, 2005
Mayor Saleh opened the public hearing at 8:27 p.m. regarding the proposed Crime
Control and Prevention District Budget for fiscal year beginning October 1, 2004, and
ending September 30, 2005.
Director of Fiscal and Administrative Services Loretta Getchell stated that the CCPD
budget is funded by the '/4 cent sales tax, generating $1.1 million/year. Total personnel
funded includes 14 officers and an assistant chief. They have requested a draw-down
of fund balance of $131,624 to be used for a part-time PSO, ballistic vests and shields,
rifles for sergeant and lieutenant command vehicles, directional sensing radars, and
Prisim shoot/don't shoot simulator. The estimated ending fund balance is $274,049.
Council Disposition Page 8 of 11 August 17, 2004
There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:30
Council Member Hogg motioned to adopt the proposed Euless Crime Control and
Prevention District Budget for the Fiscal Year beginning October 1, 2004, and ending
September 30, 2005.
Council Member Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 17 APPOINTMENTS TO THE CRIME CONTROL & PREVENTION
DISTRICT BOARD
Council Member Miller motioned to appoint Mayor Pro Tem Glenn Porterfield, Council
Member Carl Tyson, and Ron Shields to the Crime Control and Prevention District
Board for additional two-year terms to expire September 1, 2006.
Council Member Massey seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 18 SET PUBLIC HEARING DATE FOR PROPOSED FISCAL YEAR 2005
BUDGET FOR TUESDAY, AUGUST 31, 2004
Mayor Pro Tern Porterfield motioned to set the public hearing date for August 31, 2004,
regarding the proposed budget for Fiscal Year 2005.
Council Member Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
Council Disposition Page 9 of 11 August 17, 2004
ITEM NO. 19 RECEIPT OF VERIFICATION OF MAXIMUM IMPACT FEES AND
`.- AUTHORIZE MAYOR TO CERTIFY COMPLIANCE TO THE
ATTORNEY GENERAL
Council Member Massey motioned to receive verification of the maximum impact fees
for water and sanitary sewer and authorized the Mayor to certify to the Attorney General
that the impact fees of the City of Euless comply with state law.
Council Member Martin seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Porterfield, Council Members Tyson, Hogg, Martin,
Miller, and Massey
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 20 REQUEST FROM MIKE UTZMAN TO ADDRESS CITY COUNCIL
Mike Utzman, 811 Rock Creek Drive, addressed the council regarding budget and code
enforcement issues of high grass and weeds, tree limbs over streets, and the unpaved
church parking lot at Harwood Road and Fuller-Wiser Road. He expressed his
appreciation for the striping of traffic lanes at Denton Drive and Main Street, but stated
that there are many other streets in the city lacking adequate traffic lane designations.
ITEM NO. 21 REQUEST FROM HERITAGE PLACE HOMEOWNERS
ASSOCIATION REPRESENTED BY JOHN ROSS OF ROSS
PROPERTY MANAGEMENT TO ADDRESS CITY COUNCIL
Terry Jones, president of Heritage Place Homeowners Association addressed the
council regarding recent homeowners association issues related to covenants,
conditions, and restrictions within Heritage Place Addition related to the flying of the
American flag.
ITEM NO. 22 PUBLIC COMMENTS
John Knight, Mary Hall, and Linda Martin addressed the council regarding the Heritage
Place Homeowners Association issues. Linda Martin stated that she is asking the city
council for their support of legislation being proposed by Senator Jane Nelson to
prevent restrictions regarding flying the United States and Texas flags.
City Attorney Bob McFarland stated that the state can pass a bill, but restrictive
covenants are enforceable and the city cannot do anything about them.
Mayor Saleh thanked everyone for coming and encouraged communication between
the residents and the homeowners association.
Council Disposition Page 10 of 11 August 17, 2004
ITEM NO. 23 REPORTS
CITY MANAGER
City Manager Joe Hennig stated that the United Way campaign will start soon and
presented a film on United Way featuring Mayor Saleh as a speaker.
CITY ATTORNEY
City Attorney Bob McFarland had nothing to report.
CITY COUNCIL
Mayor Pro Tern Porterfield stated he is proud of the employees and corporate partner
honored tonight. He said he was pleased to hear from so many citizens, and he
expressed his appreciation for their involvement.
Council Member Massey stated she appreciated all who attended the meeting. She
congratulated Gary Gerland for being employee of the month; Charles Anderson, Greg
Cameron, Bill Woods, and Carol Agee for receiving their service pins; and Jimmy Beck,
Ralph Klein, and Jerry Poteet for receiving Arbor Daze awards.
Council Member Miller stated that he is proud of the employees and staff. He noted that
Jerry Poteet has a tough job getting volunteers. He stated that code enforcement staff
do a good job, and he appreciated citizens bringing concerns to council members and
staff.
Council Member Martin congratulated Gary Gerland, Charles Anderson, Greg Cameron,
Bill Woods, and Carol Agee, and Ray McDonald and his parks department staff. She
thanked the citizens for coming to the meeting.
Council Member Hogg congratulated the employees honored tonight. He stated that he
recently made a trip to Austin to attend a TML Governmental Affairs Committee meeting
and will have a full report by the next meeting.
Council Member Tyson stated that Euless has great employees. He congratulated Ron
Young on being back to work after his illness. He thanked the citizens for attending the
meeting. He stated that the National Transportation Committee's bill will probably not
get passed this year. He stated he is serving on the Mass Transit Committee and they
are proposing a one-half cent sales tax in areas not covered by the Fort Worth "T" and
DART. A five county election will be required to determine participation.
Mayor Saleh noted that the council is busy attending various meetings. She noted that
Mayor Pro Tern Porterfield is on the DFW Airport Board, Council Member Massey is
liaison for the HEB Teen Court Board, Council Member Miller helped evaluate the
insurance bids, Council Member Hogg is attending TML Governmental Affairs
Committee meetings, and Council Member Martin is willing to serve on any committee.
Council Disposition Page 11 of 11 August 17, 2004
City Secretary Susan Crim gave the dates for early voting, which are August 25,
r► through September 7, for the September 11, local option election to determine the sale
of wine in retail establishments.
Mayor Saleh welcomed Ron Young back and noted that the budget will be heard at the
next meeting. She stated she appreciated the city staff and citizens.
ITEM NO. 24 ADJOURNMENT
Mayor Saleh adjourned the meeting at 9:35 p.m.
APPROVED:
//Le
Mary Lib aleh
Mayor
ATTEST:
dirAk
Sus n rim, f
City Secretar