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HomeMy WebLinkAbout2006-08-15 ... MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL AUGUST 15, 2006 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 15, 2006, in the Precouncil Conference Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Linda Martin, Council Members Carl Tyson, Leon Hogg, Charlie Miller, Glenn Porterfield, and Michael Brown. The precouncil meeting included discussion on fiber cement board by Director of Planning and Development Mike Collins and Building Official Kurt Kasson; a waste water report and Baze Road escrow discussion by Director of Public Works Ron Young; 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 7:04 p.m. for the consideration of scheduled items. STAFF MEMBERS PRESENT City Manager Joe Hennig, Deputy City Manager Gary McKamie, Assistant City Manager Loretta Getchell, City Attorney Bob McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Director of Economic Development Bill Ridgway, Director of Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Director of Public Works Ron Young, Assistant Police Chief Bob Freeman, Assistant Fire Chief Robert Isbell, City Engineer Robert Barker, Texas Star General Manager Glenda Hartsell-Shelton, Human Resources/Risk Administrator J. T. Ackerman, Library Administrator Kate Lyon, Fleet and Facility Administrator Kyle McAdams, Planning and Development Manager Chris Barker, Recreation Manager Suzanne Hendrickson, Police Sgt. Ron Williamson, Purchasing Manager Mike Lowry, Special Events Coordinator Michael Davenport, Graphic Artist Jeff Towne, Fleet Coordinator Michael Renaker, Chief Mechanic John Downing, Mechanic John Wood, Facilities Tech William Shafer, Police Secretary Pam Trawick, Administrative Secretary Gail Jones, Facility Tech Jerald Lively, Information Services Administrator Dan McLain, Computer Services Specialist Brett Bennett, Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. VISITORS Mercedes Downing, Stuart Deck, James, Pennie, and Ashley Boyett, Roger Keck, Randy Marsh, Kevin Caldwell, Gene Richardson, Trevor Rogers, Bill Brown, Antoinette Bone, Charles Cinquemani, Terry Goodrich, Veva Lou Massey, Boyce Byers, Helen Voss, George Moore, Robert and Sonia McMillon, Alex Horton, Carroll Scott, Billy Owens, and others as noted in the visitor register. City Council Minutes Page 2 of 12 August 15, 2006 INVOCATION Reverend Roger Keck, North Euless Baptist Church, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Carl Tyson led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF SERVICE PINS Assistant Police Chief Bob Freeman introduced Patrol Secretary Pam Trawick, and Fleet & Facility Administrator Kyle McAdams introduced Chief Mechanic John Downing and his wife, Mercedes. Mayor Saleh presented Pam with a 10-year service pin and John with a 20-year service pin. ITEM NO. 2 PRESENTATION OF EMPLOYEE OF THE MONTH FOR AUGUST City Manager Joe Hennig introduced Communication and Marketing Manager Betsy Boyett, her boyfriend, Stuart Deck, mother and father, Pennie and James Boyett, and sister, Ashley Boyett. Mayor Saleh presented Betsy with a plaque for being selected employee of the month for August. ITEM NO. 3 PRESENTATION OF TEXAS FESTIVALS AND EVENTS V... ASSOCIATION AWARDS Director of Parks and Community Services Ray McDonald introduced Recreation Manager Suzanne Hendrickson, Special Events Coordinator Michael Davenport, and Graphic Artist Jeff Towne noting that their work, along with the work of many other city employees, resulted in the city receiving the following four awards from the Texas Festivals and Events Association: Best Promotional Poster for the 2005 Christmas Parade of Lights; Best Education Program for the PoeTree Contest conducted with fourth grade classes in Euless; Best Event/Organization Newsletter for the Euless Today Magazine; and Best Event Photograph taken at the Euless Easter Egg Scramble. Mayor Saleh read the winning poem written by the Lakewood Elementary School fourth grade class entitled, "A Special Tree." ITEM NO. 4 PRESENTATION OF PROCLAMATION Director of Parks and Community Services Ray McDonald introduced Randy Marsh, educator with HEB ISD at the KEYS Learning Center, and Mayor Saleh presented Randy with a proclamation congratulating him on retirement from his volunteer service with the Summer Youth Work Program. CONSENT AGENDA Mayor Pro Tern Martin motioned to approve Consent Agenda Items numbered 5 `41.■ through 9. Council Member Brown seconded the motion. City Council Minutes Page 3 of 12 August 15, 2006 Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, �.. Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 5 AWARD OF BID NO. 026-06 Awarded Bid No. 026-06 to Mom's Food Products, 4117 Garland Drive, Fort Worth, Texas, 76117, for the annual contract for the purchase of jail food in the estimated expenditure of $45,000. ITEM NO. 6 APPROVAL OF EXTENSION OF A FUEL SUPPLY AGREEMENT Approved extending a joint purchase agreement with the City of Hurst for the purchase of bulk gasoline and diesel fuels from Martin-Eagle Oil Company, Denton, Texas, in the estimated expenditure of $662,398. This is the second and final one-year renewal of the original contract approved in 2004. ITEM NO. 7 APPROVAL TO RENEW REQUEST FOR PROPOSAL NO. 022-04 FOR THIRD PARTY ADMINISTRATION AND RELATED SERVICES FOR THE EMPLOYEE HEALTH INSURANCE PLAN Approved renewal of Request for Proposal No. 022-04 for third party administration and related services for the employee health insurance plan with Web TPA for the period of October 1, 2006, through September 30, 2008, in the total estimated expenditure of $130,000. Web TPA will use Hines & Associates for utilization management services and the PHCS network. ITEM NO. 8 APPROVAL OF RESOLUTION NO. 06-1231 Approved Resolution No. 06-1231 supporting an application to establish a Municipal Setting Designation (MSD) for a tract of land located in the City of Grapevine at 108 W. Northwest Highway, Lot 1, Block 1, Elliott's Hardware Addition. ITEM NO. 9 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of June 27, 2006. REGULAR AGENDA ITEM NO. 10 PUBLIC HEARING AND APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. 1738 Mayor Saleh opened the public hearing at 7:32 p.m. regarding the second and final reading of Ordinance No. 1738 amending the existing TXU Electric Delivery Company franchise agreement to provide for a different payment schedule and an extension of the franchise term. City Council Minutes Page 4 of 12 August 15, 2006 r.■ Director of Economic Development Bill Ridgway stated that franchise payments are currently made on an annual basis, and the agreement is being changed to provide for quarterly payments and to extend the contract five years. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:33 p.m. Council Member Miller motioned to approve the second and final reading of Ordinance No. 1738 amending the existing franchise Ordinance No. 1658 to allow the city to begin receiving quarterly payments, and extending the existing TXU Electric Delivery Company franchise agreement for an additional five years to expire on April 30, 2025. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-05-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1742 Mayor Saleh opened the public hearing at 7:34 p.m. regarding Specific Use Permit No. 06-05-SUP for R & R Motor Trike, a motorcycle dealership, on Lot 4, Block 1, Vine Addition, in C-2 (Community Business District) zoning located at 401 Huffman Drive #A. Director of Planning and Development Mike Collins stated R & R Motor Trike has an exclusive franchise agreement as the sole distributor in the Metroplex for conversion kits to convert two-wheel motorcycles into three-wheel motorcycles. Conversions will be performed at this location as well as the sale of completed trikes. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:37 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1742 for Specific Use Permit No. 06-05-SUP for R & R Motor Trike, a motorcycle dealership, on Lot 4, Block 1, Vine Addition, in C-2 (Community Business District) zoning located at 401 Huffman Drive #A subject to the following conditions: (1) All the activity is contained within the building with no permanent outdoor display or sales; (2) No fabrication; (3) The Fire Marshal has established that a maximum of 20 gallons of fuel will be allowed, including fuel in vehicle tanks; and (4) Valid for one year. Mayor Pro Tem Martin seconded the motion. City Council Minutes Page 5 of 12 August 15, 2006 Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-06-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1743 Mayor Saleh opened the public hearing at 7:40 p.m. regarding Specific Use Permit No. 06-06-SUP for Express Fitness, a membership sports and recreation club, on Lot 3, Block 1, Century Plaza Addition, located at 1200 N. Main Street. Director of Planning and Development Mike Collins stated Express Fitness would occupy the remaining 12,000 sq. ft. of space in the building occupied by the 99 Cent Only store. Because of the significant capital investment, the type of land use, and the fact the non-assignable lease is for 10 years, staff recommends that there not be a time limit. He noted that the fitness club could locate by right in the adjacent Harwood Crossing Shopping Center without a specific use permit. Mayor Saleh asked for any proponents. Kevin Caldwell, 8235 Douglas Avenue #720, Dallas, Texas, 75225, and Gene Richardson, 1901 N. Akard Street, Dallas, Texas, 75201, co-owners of the building, spoke in favor of the request. Trevor Rogers, 6811 Aberdeen Avenue, Dallas, Texas, 75230, stated the facility will contain cardio machines, free weights and kid's club, and locker rooms with full showers. Hours of operation would be Monday through Friday, 5:00 a.m. to 10:00 p.m., Saturday from 6:00 a.m. through 8:00 p.m., and Sunday 7:00 a.m. to 7:00 p.m. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:49 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1743 for Specific Use Permit No. 06-06-SUP for Express Fitness, a membership sports and recreation club, on Lot 3, Block 1, Century Plaza Addition, located at 1200 N. Main Street, and it being tied to the applicant, Express Fitness. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown `` Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 6 of 12 August 15, 2006 ITEM NO. 13 APPROVAL OF RESOLUTION NO. 06-1230 Council Member Tyson motioned to approve Resolution No. 06-1230 supporting the Trans-Texas Corridor-35 Project with a realignment of the corridor to a location central to the Dallas/Fort Worth Metroplex as proposed by the Regional Transportation Council. Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14 AUTHORIZED CITY MANAGER TO EXECUTE A CONTRACT Mayor Pro Tern Martin motioned to authorize the city manager to execute a contract in the amount of $49,000 to prepare an erosion study with Half Associates that will define the extent of creek erosion along Little Bear Creek and derive conceptual solutions to address the erosion. Council Member Brown seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 15 APPROVAL OF PURCHASE Council Member Hogg motioned to approve the purchase of a wireless network system from Preferred Technology Solutions, 212 W. Spring Valley Road, Richardson, Texas, 75081, in the amount of$33,159.02. Council Member Brown seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. City Council Minutes Page 7 of 12 August 15, 2006 ITEM NO. 16 APPOINTMENT OF BOARD AND COMMISSION MEMBERS Council Member Miller motioned to reappoint Ron Shields and Council Members Carl Tyson and Glenn Porterfield to the Crime Control and Prevention District Board for two- year terms to expire September 1, 2008. Mayor Pro Tem Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 17 PUBLIC HEARING AND APPROVAL OF CRIME CONTROL & PREVENTION DISTRICT (CCPD) BUDGET FOR FY 2006-2007 Mayor Saleh opened the public hearing at 7:59 p.m. regarding the Crime Control & Prevention District (CCPD) Budget for the Fiscal Year beginning October 1, 2006, and ending September 30, 2007. Assistant City Manager Loretta Getchell noted the CCPD fund is derived from the 1/4¢ sales tax approved by the citizens of Euless in 1995 to assist in crime prevention. The Euless Crime Control and Prevention District Board approved the proposed FY 2006-07 budget on June 15, 2006. The anticipated beginning fund balance for FY 2006-07 is $651,019. With the 1/4¢ sales tax and interest earned, the total projected revenue is $1,446,243. From those revenues, it is proposed to fund 15 police officers and an assistant police chief with related benefits in the amount of $1,296,702. It is also requested that operating money be provided in the amount of $66,552 for crime prevention supplies, training, wearing apparel, and miscellaneous apparatus, and $74,638 for radios, bringing the total operating expenditures to $1,437,892. In addition, capital items requested to be funded from the fund balance include $255,632 of new capital items and $10,000 carried over from the current year's budget for the Prism Shoot/Don't Shoot Simulator. If all these items are approved, the estimated ending fund balance will be $393,738 of which $236,366 will be designated for the required 60-day reserve, leaving excess reserves of$157,372 on September 30, 2007. Assistant Police Chief Bob Freeman stated the capital requests include a laptop in the Emergency Operation Center, upgrading the Automated Fingerprint Information System, scanning fingerprint cards and mug shots, crash/crime scene reconstruction software, part-time Public Service Officers, digital video recorder upgrade, and a digital recording system. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:09 p.m. City Council Minutes Page 8 of 12 August 15, 2006 Council Member Porterfield motioned to approve the Crime Control & Prevention District �.. (CCPD) Budget for the Fiscal Year beginning October 1, 2006, and ending September 30, 2007. Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 18 SET PUBLIC HEARING FOR AUGUST 29, 2006, FOR PROPOSED CITY OF EULESS BUDGET FOR FY 2006-2007 Council Member Brown motioned to set a public hearing for August 29, 2006, to allow citizens the opportunity to express their opinions concerning items of expenditure, giving their reasons for wishing to increase or decrease any items of expense for the proposed City of Euless Budget for FY 2006-2007. Mayor Pro Tern Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 19 PLACE A PROPOSAL TO ADOPT CITY OF EULESS AD VALOREM TAX RATE ON THE SEPTEMBER 12, 2006, AGENDA Council Member Tyson stated he will not vote in favor of this item because the proposed tax rate of$0.4895 is higher than what is needed. Council Member Miller stated he concurred with Council Member Tyson and also will not vote for it. Mayor Pro Tern Martin motioned to place a proposal to adopt an ad valorem tax rate of $0.4895 on the September 12, 2006, agenda. Council Member Brown seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Hogg and Brown Nays: Council Members Tyson, Miller, and Porterfield City Council Minutes Page 9 of 12 August 15, 2006 Mayor Saleh declared the motion carried. ITEM NO. 20 SCHEDULE PUBLIC HEARINGS ON PROPOSED CITY OF EULESS AD VALOREM TAX RATE FOR AUGUST 24, AND AUGUST 29, 2006 Council Member Tyson stated he will not vote in favor of this item because if the council would set the effective tax rate, the public hearings would not be necessary. Council Member Miller asked City Attorney Bob McFarland to clarify for the audience that the ad valorem tax rate will not be voted on until September, after the public hearings have been held. City Attorney Bob McFarland stated that due to strict state law requirements, the council must propose an ad valorem tax rate and then set the date for the vote on the tax rate, which is being set for September 12. There must also be two public hearings held on the proposed ad valorem tax rate prior to that vote, which are being scheduled for August 24, and August 29. The council will determine the actual tax rate on September 12. Council Member Hogg motioned to schedule public hearings on the proposed ad valorem tax rate of $0.4895 for Thursday, August 24, 2006, and Tuesday, August 29, 2006, at 7:00 p.m. Mayor Pro Tern Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Hogg, Porterfield, and Brown Nays: Council Members Tyson and Miller Mayor Saleh declared the motion carried. ITEM NO. 21 PRESENTATION BY JOHN PURCELL John Purcell, president of the Euless Athletic Association, requested the City of Euless assume responsibility for programming recreational baseball within the city due to lack of parental and volunteer involvement. Mayor Saleh stated the council and staff will take the request under consideration and thanked him and his wife for their commitment and work with the Euless Athletic Association. ITEM NO. 22 REQUEST BY HAROLD BRIGGS TO ADDRESS CITY COUNCIL Harold Briggs, 211 Shelmar, addressed the city council regarding traffic control and pollution. He requested traffic lights be changed to blinking during low traffic time periods and that the boundaries of school zones be re-evaluated. City Council Minutes Page 10 of 12 August 15, 2006 �.. ITEM NO. 23 PUBLIC COMMENTS Bill Brown, former Hurst-Euless-Bedford Independent School District Tax Assessor/Collector, 900 Royce Drive, addressed the city council members about people running red lights and stop signs in the city. He also stated he is very impressed with the city and its progressiveness in being able to pay cash for things. ITEM NO. 24 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig stated his sixth grandchild was born today at 3:30 p.m. Clint Hennig weighed 6 lbs. 10 oz. He and his wife are thrilled and now have two grandsons and four granddaughters. In regards to the budget and tax rate, he stated it is always a difficult time for any city or governmental entity. There are different philosophies on the direction that the city is going with the recommended tax rate, the budget and how the reserves are used. The city is operated on a very conservative, but professional basis. He stated the city is in a stronger financial position than it has been at any point in the �•- past 14 years. He noted that the proposed tax rate is a reduction of $0.00227 cents less than last year's tax rate. He stated there are very few, if any, other cities in Northeast Tarrant County that are lowering their tax rate. Although the city could afford to lower the tax rate another 1.75 cents to the effective rate, it is his and staff's position that the city needs to take a more conservative approach and think about the future of this city and be prepared to keep this city strong for years in the future. CITY ATTORNEY City Attorney Bob McFarland thanked John Purcell for his work with the Euless Athletic Association, and stated that some of his best friends today were made when he played youth baseball. He stated that arguments were recently heard in district court regarding a lawsuit challenging the Texas Open Meetings Act, and he will keep the council informed when a ruling is announced. CITY COUNCIL Council Member Brown thanked the city employees who were honored tonight. He stated that the employees take care of the council and the citizens, and the council needs to take care of them. He stated that he has a son who is currently in the Euless Athletic Association baseball league and one who has been all the way through the organization. He stated he couldn't say enough about what a great organization the EAA is, and hopes it can be restored to its past glory because it is a tremendous asset to the community. City Council Minutes Page 11 of 12 August 15, 2006 `1 • Council Member Porterfield stated the council spent the first weekend in August discussing the budget and although there is a disagreement among the council regarding the tax rate, it is not big and doesn't amount to a lot of money. He stated, however, he is convinced the city has good reserves and are providing for the employees, as well as for the citizens in terms of police and fire protection, streets, water, parks, etc. He stated that Euless is a marvelous city for the citizens to live in and a good place for the employees to work. He noted the city has been able to pay cash for a lot of things and has a significant amount of money set aside for a potential downturn. He stated he will be voting his convictions. Council Member Miller stated he attended the Grapevine-Colleyville Independent School District rally for teachers this past week, which was a very good event with an excellent speaker. He expressed thanks to John Purcell who has put in a lot of time with the Euless Athletic Association. He noted the Euless Lonestars is a great league finishing third in their division, and he stated that they still need sponsoring families for the college players. He stated he agrees with Council Members Porterfield and Tyson that the city can live with the effective tax rate and currently has a tremendous amount of reserves. Mayor Pro Tern Martin congratulated Police Secretary Pam Trawick and Chief Mechanic John Downing on receiving their service pins and Communications and Marketing Manager Betsy Boyett for being selected employee of the month for August. She congratulated Ray McDonald and the Parks Department for the awards they keep winning. She stated that because we live in uncertain times, have volatile sources of revenue, and the possibility of facing appraisal and revenue caps, she will stand by her convictions and continue to work diligently to strengthen the financial future of the city and vote for the proposed tax rate. Council Member Hogg thanked the employees for what they do for the council. He congratulated Randy Marsh for all his work with special students. He congratulated City Manager Joe Hennig on his new grandson and noted that he became a great grandfather this past month. Council Member Tyson congratulated City Manager Joe Hennig and Council Member Hogg on the new babies in their families. He congratulated John Downing and Pam Trawick for a combined service of 30 years and all of the employees for doing a good job. He also congratulated Betsy Boyett on being named employee of the month for August. He stated he has been on the council 11 years and the council has continually built up the fund balances. He stated Euless has had a very good year and can continue increasing the fund balances even if they go back to the effective tax rate. He said the citizens should pay only the taxes that are required to run the city efficiently, and he invited everyone back to the August 24th council meeting to further discuss the tax rate. Mayor Saleh stated this year has had the best sales tax, but the city cannot just rely on sales tax. She noted that the city council is elected for tomorrow, not just for today, and the city council members need to have vision for the future. She congratulated Ray McDonald on his department's awards and noted the fourth grade Poetree contest City Council Minutes Page 12 of 12 August 15, 2006 winners were so excited. She congratulated Randy Marsh stating he has served the �.. city well and has done a great job working with special needs children and teaching at the KEYS center. ITEM NO. 25 ADJOURNMENT Mayor Saleh adjourned the meeting at 9:00 p.m. APPROVED: 1 /,., Mary L.: a eh Mayor ATTEST: - -4/.&:v\-- usan Crim, RMC City Secretary