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HomeMy WebLinkAbout2006-08-29 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL AUGUST 29, 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 29, 2006, in the Precouncil Conference Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tem Linda Martin, Council Members Carl Tyson, Leon Hogg, Charlie Miller, Glenn Porterfield, and Michael Brown. The precouncil meeting included a photo presentation by Building Official Kurt Kasson of a mission trip taken by his church to New Orleans, Louisiana, to clean up a home hit by Hurricane Katrina; financial reports for the month of July by Finance Administrator Vicki Rodriquez and Finance Controller Gary Yakesch; a development code update by Director of Planning and Development Mike Collins; discussion regarding the Euless Athletic Association (EAA) by Director of Parks and Community Services Ray McDonald; discussion led by Director of Public Works Ron Young regarding busing children affected by the Glade Road construction project to school in the Grapevine-Colleyville Independent School District; discussion regarding the Vision North Texas by City Manager Joe Hennig; and a review of agenda items. The city council convened into closed session at 6:40 p.m. for deliberation regarding economic development incentives for The Shops at Vineyard Village as authorized by Section 551.087 of the Texas Government Code. The city council reconvened into open session at 6:55 p.m. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:03 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 Planning and Development Mike Collins, Director of Parks and Community Services Ray McDonald, Director of Public Works Ron Young, Fire Chief Lee Koontz, Assistant Police Chief Bob Freeman, Assistant Fire Chief Robert Isbell, City Engineer Robert Barker, Finance Administrator Vicki Rodriquez, Finance Controller Gary Yakesch, Texas Star General Manager Glenda Hartsell-Shelton, Library Administrator Kate Lyon, Fleet and Facility Administrator Kyle McAdams, Planning and Development Manager Chris Barker, Water Office Billing Manager Kathryn Tipton, Human Resources Manager Carolyn Marshall, Victims Assistant Kathy Haecker, Public Works Leadman Greg Cameron, Information Services Administrator Dan McLain, Computer Services Specialist Jake Dilliplane, Communications/Marketing Manager Betsy Boyett, and Reserve Police Officer Clyde Cullum. City Council Minutes Page 2 of 14 August 29, 2006 VISITORS Ken Harp, Terry Goodrich, Faye & Tim Stinneford, Burk Collins, George Schrader, Larry Cline, Gaynel Tyson, Anna Webb, Joy Baldwin, John Sanders, Mike Utzman, George Moore, Robert and Sonia McMillon, Alex Horton, Carroll Scott, Billy Owens, and others as noted in the visitor register. INVOCATION Reverend Ken Harp, Restoration Church, gave the invocation. PLEDGE OF ALLEGIANCE Council Member Charlie Miller led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR SEPTEMBER Director of Public Works Ron Young introduced Public Works Leadman Greg Cameron, and Mayor Saleh presented Greg with a plaque for being selected employee of the month for September. REGULAR AGENDA ITEM NO. 2 APPROVAL OF TEMPORARY USE PERMIT NO. 06-09-CC Council Member Miller motioned to approve Temporary Use Permit No. 06-09-CC for St. John the Baptist Greek Orthodox Church Food Festival on Lot 6 and portion of Lot 7, Alexander-Cullum Addition, 303 Cullum Drive, for three days on October 20, from 11 a.m. to 11 p.m., October 21, from 11 a.m. to 11 p.m., and October 22, from 11 a.m. and 4 p.m. 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. ITEM NO. 3 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-08-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1747 Mayor Saleh opened the public hearing at 7:10 p.m. regarding Specific Use Permit No. 06-08-SUP for All Paws Go To Heaven Pet Crematory located on Tract 1 B3, Kitty City Council Minutes Page 3 of 14 August 29, 2006 House Survey, A-678, in TX-10 (Texas Highway 10-Multi-Use District) zoning, 2215 West Pipeline Road #A. Director of Planning and Development Mike Collins stated that the applicant, Mike Pizzelanti, is requesting approval to operate a pet crematory in an existing 5,000 sq. ft. building located at 2215 West Pipeline Road near Arrow Bolt and Supply and Voss Trucking. The applicant currently operates the pet crematory in the Texas Star Business Centre, and there have been no complaints received by the state or city regarding the operation since it began in January, 2003. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:12 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1747 for Specific Use Permit No. 06-08-SUP for All Paws Go To Heaven Pet Crematory on Tract 1B3, Kitty House Survey, A-678, in TX-10 (Texas Highway 10-Multi-Use District) zoning, located at 2215 West Pipeline Road #A, subject to the following conditions: (1) Tied to Mike Pizzelanti, d.b.a. All Paws Go To Heaven; (2) All activities confined to the interior of the structure; (3) No specimens allowed on the premises longer than 24 hours; (4) All animals awaiting cremation to be held in freezers; (5) An emergency secondary power source be provided; (6) No direct drop off; and (7) Mr. Pizzelanti will report any violations or enforcement actions taken by any state or federal agency(s) regarding the operation of"All Paws". Mayor Pro Tern 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. 4 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-07-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1746 Mayor Saleh opened the public hearing at 7:13 p.m. regarding Specific Use Permit No. 06-07-SUP for Wild West Industries Motorcycle Dealership, on Lot 5D, Jasper Addition, in C-2 (Community Business District) zoning, located at 2021 West Airport Freeway. Director of Planning and Development Mike Collins stated that Wild West Custom Cycles, represented by Karl Drusch, is requesting approval for the fabrication, customization, and sale of high-end custom motorcycles in the building owned by Al Sankary. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:16 p.m. City Council Minutes Page 4 of 14 August 29, 2006 v.. Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1746 for Specific Use Permit No. 06-07-SUP for Wild West Industries Motorcycle Dealership, on Lot 5D, Jasper Addition, in C-2 (Community Business District) zoning located at 2021 West Airport Freeway, subject to the following conditions: (1) All of the activity is internal to the structure, and will not negatively impact adjacent property/business owners; (2) No permanent outdoor display/storage of merchandise; (3) The Fire Marshal has established that a maximum of twenty gallons of fuel will be allowed, including fuel in vehicle tanks; (4) Tied to business owner Karl Drusch; and (5) valid for five (5) years, consistent with the applicant's initial building lease term. 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. 5 APPROVAL OF DEVELOPMENT AGREEMENT FOR A REGIONAL RETAIL CENTER `, Council Member Hogg motioned to approve a development agreement with Burk Collins & Co., Inc., detailing incentives for development of a regional retail shopping center on the east side of SH 121 between Centurion Way and Glade Road. Mayor Pro Tern Martin seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, and Brown Nays: Council Member Porterfield Mayor Saleh declared the motion carried. Burk Collins, Burk Collins & Co., Inc., 1848 Norwood Plaza, Suite 214, Hurst, Texas, 76054, thanked the city council and staff for their assistance in developing this project. He stated the center is 98 to 99% leased, and the tenants include Lowes, Staples, Ross, Marshalls, Bed Bath & Beyond, Dollar Tree, LA Fitness, Shoe Pavillion, Chili's, Raising Cane's, Starbucks, San Francisco Oven, and Mattress Giant. He stated that Lowe's and LA Fitness will own their sites. George Schrader, Schrader and Cline, 4800 Broadway, Suite A, Addison, Texas, 75001, introduced his associate Larry Cline, and also thanked council and staff. City Council Minutes Page 5 of 14 August 29, 2006 ITEM NO. 6 PUBLIC HEARING FOR THE EULESS DEVELOPMENT ... CORPORATION BUDGET FOR FY 2006-2007 Mayor Saleh opened the public hearing at 7:27 p.m. for the Euless Development Corporation Budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Assistant City Manager Loretta Getchell stated the Euless Development Corporation (EDC) met on August 14, and recommended approval of the proposed budget for FY2006-07. The EDC budget is supported by a '/ ¢ sales tax that was approved by the citizens of Euless in 1993 for the exclusive purpose of economic development, park & library projects. The EDC is expected to begin FY 2006-07 with a fund balance of $1,471,237 and is expected to receive sales tax revenue and related interest totaling $3,118,213. Proposed operating expenditures total $2,885,578 and fund a portion of the park, library and economic development personnel, supplies, equipment, library books, economic development incentives, and debt service on outstanding bonds. The FY2006-07 budget includes the addition of one field tech to assist with park maintenance and includes capital totaling $795,954. If approved as submitted, this fund would have an estimated ending fund balance of $907,918, which exceeds the board's recommended minimum reserve level of$500,000. Currently, 24% of the total budget is committed to debt service. Proposed capital expenditures include upgrades to the library computer & inventory systems, new aerial photographs of the city that can be distributed to potential developers, shade structures for spectators at the T-ball field at the Parks at Texas Star, playground lighting and lighting for the parking lot at the Preserve, an update to the park master plan, funding for seasonal and contract laborers to keep our parks properly maintained and replacement of the related maintenance equipment. It also includes funds to connect the trail along Main Street to Midway Park on the north side of the drainage channel to allow safer access for residence to enter Midway Park. This funding will provide three pedestrian bridges, park benches, landscaping and lighting along the trail. Additionally, funding has been requested for the renovation of several park gazebos and pavilions that have aged and deteriorated and to add additional picnic stations, grills, and trash receptacles as funding allows. The board also recommended approval of $300,000 in incentives to be paid from the Capital Fund to assist with the redevelopment of the long- vacant Sutherlands building. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:30 p.m. ITEM NO. 7 APPROVAL OF THE EULESS DEVELOPMENT CORPORATION BUDGET FOR FY 2006-2007 Council Member Tyson motioned to approve the Euless Development Corporation Budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Council Member Miller seconded the motion. City Council Minutes Page 6 of 14 August 29, 2006 ‘4 . Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. Council Member Miller stated that the EDC budget included a gazebo to be built at Midway Park and noted the McMillons had made the suggestion. ITEM NO. 8 PUBLIC HEARING FOR THE CITY OF EULESS FY 2006-2007 OPERATING AND CAPITAL BUDGET Mayor Saleh opened the public hearing at 7:32 p.m. for the City of Euless Operating and Capital Budget for FY 2006-2007 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. Assistant City Manager Loretta Getchell stated the General Fund is the city's largest fund and supports the primary governmental functions such as public safety, street maintenance, code enforcement etc. The FY2007 budget includes resources of $28.6 million of which $26.5 million is expected from current revenues and $2.1 million represents a planned drawdown of fund balance for capital and one-time expenditures. Property tax represents the city's largest revenue source at 28% of total revenues. The remainder of the funding for the budget is derived from sales tax, franchise fees, fines, and other miscellaneous sources. Projected property tax revenue is based on a tax rate of 48.95¢ per$100 of assessed value. Proposed General Fund expenditures total $28.6 million, which includes capital and one-time expenditures of $2.1 million and departmental expenditures totaling $26.5 million, of which 46% is dedicated to public safety. Increases in the current year budget are attributed to a 4% salary package for employees, increased funding for the city's health insurance plan, increased utility costs, and additions to personnel including three firefighter/paramedics, three dispatchers, a juvenile case manager, a court clerk and the upgrade of a part-time accountant. The additional three firefighter/paramedics will allow the third ambulance to become fully staffed and the addition of the three police & fire dispatchers will allow for the enhancement of the emergency medical dispatch program. Proposed capital expenditures include funding to continue the street overlay program, the sidewalk program, needed public safety equipment, computer hardware & software, facility improvements, and a dog park that has been a top request of many of our citizens. City Council Minutes Page 7 of 14 August 29, 2006 The second largest operating fund is the water & sewer fund with proposed resources �..- totaling $16.3 million of which $15.3 million is expected from current revenues, primarily water & sewer user charges and $993,000 is a planned drawdown of fund balance for capital and one-time expenditures. Proposed expenditures of the water & sewer fund total $16.3 million. This budget covers the cost of purchasing water from Trinity River Authority, the cost of sewer treatment by Trinity River Authority, all expenses associated with water production and distribution, meter reading & billing, debt payments, overhead expense and infrastructure replacement. Increases in this budget are attributed to utility costs, fuel costs, a 4% salary package for the water & sewer personnel, increased funding for the city's health insurance plan, and capital expenditures including computer equipment, water meter & transponder replacements, water well equipment, and replacement of several water & sewer lines that have aged and deteriorated. Projected water revenue is based on a proposed increase of 130, which will bring the cost per 1000 gallons to $2.93. Projected sewer revenue is based on a proposed increased of 150, which will bring the cost per 1000 gallons to $2.15. The city purchases much of its water from Trinity River Authority and has all sewage treated by Trinity River Authority. These projected increases are based on information from Trinity River Authority indicating the city's cost will be increasing by an equivalent amount due to significant increases in their utility costs. It is important to note that any rate changes would not occur until December and would not be effective without additional action by the city council. The cost of water and sewer in the City of Euless remains competitive with area cities. The Car Rental Fund is fully supported by a 5% tax that was authorized by the citizens of Euless in 1999 to be imposed on the short-term rental of motor vehicles. Per an agreement that resulted in the car rental facility at DFW Airport being located within the boundaries of the City of Euless, two-thirds of this revenue is rebated to the owner cities of DFW Airport. The remaining one-third has been of enormous benefit to the City of Euless. To date, approximately $17 million of equipment, infrastructure and facility improvements have been accomplished without the issuance of debt and without additional property taxation to our citizen. For FY2007, the proposed budget includes estimated total revenues of approximately $11.3 million with a net of $3.9 million after rebate. Based on council direction, approximately a third of these funds are used to pay a portion of the general government operations and general obligation debt service, which has a direct reduction on the property tax burden. Additionally, a portion of these funds will be allocated for a new fire truck, the public works facility site, and additional monument signs. Other projects of note include $408,000 of street improvements, $320,000 of drainage improvements and $435,000 of park improvements, which will be funded by the Euless Development Corporation. The city has several other special revenue funds, debt service funds, internal service fund, and enterprise funds that are included in the city's total budget. Details of these funds can be found in the Preliminary budget that is on file in the Library or the City Secretary's Office. City Council Minutes Page 8 of 14 August 29, 2006 ... The city's total resources are projected at $83.7 million which includes approximately $6.6 million of planned draw-down of fund balance and $77.1 million of current revenues. Proposed operating expenditures total $80.1 million and include $73.5 million of operating costs and $6.6 million of capital and one-time expenditures. There being no proponents, Mayor Saleh asked for any opponents. George Moore, 1104 Aransas, stated he had a problem with the proposed water and sewer rate. He said he believed there was an error in the revenue projected to be received for water and sewer fees, and he was opposed to the method used to figure the sewer rates. There being no additional opponents, Mayor Saleh closed the public hearing at 7:45 p.m. ITEM NO. 9 APPROVAL OF FIRST READING OF ORDINANCE NO. 1744 ADOPTING THE CITY OF EULESS OFFICIAL OPERATING AND CAPITAL BUDGET EXCLUDING EMPLOYEE HEALTH INSURANCE AND RETIREMENT CONTRIBUTIONS FOR FISCAL YEAR 2006- 2007 AND AMENDING THE FISCAL YEAR 2005-2006 BUDGET Council Member Tyson stated he is in favor of the expenditures, but will not vote in favor of this item because the revenue requires a $0.4895 tax rate, which is $400,000 greater than what he is willing to vote for. The tax rate of$0.472131 is what he believes the tax rate should be to bring the expenditures and revenue more in line. City Manager Hennig noted that the budget is only approving the expenditures, not the revenues. Assistant City Manager Loretta Getchell clarified that if the expenditures are approved, it is only the appropriations. If the council were to direct staff to lower the tax rate and to use funding from other sources, it has no impact on this item. The revenue sources staff is depending on to pay these are the ones proposed, but the council could propose other revenue sources if they choose to. Council Member Tyson stated he will not vote for the expenditures until the revenue sources are settled. Council Member Hogg motioned to approve the first reading of Ordinance No. 1744, with an amendment to the Hotel-Motel fund to include an expenditure of $7,500 for a security system at Heritage Park, adopting the official Operating and Capital Budget, excluding employee health insurance and retirement contributions, for the City of Euless for the fiscal year beginning October 1, 2006, and ending September 30, 2007, amending the budget for fiscal year beginning October 1, 2005, and ending September 30, 2006. Mayor Pro Tern Martin seconded the motion. City Council Minutes Page 9 of 14 August 29, 2006 Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Hogg, and Brown Nays: Council Members Tyson, Miller, and Porterfield Mayor Saleh declared the motion carried. Due to a Charter requirement that five affirmative votes are required in order for an ordinance to be approved on a single reading, the ordinance will require a second reading on September 12, 2006. ITEM NO. 10 ORDINANCE NO. 1745 ADOPTING THE CITY OF EULESS BUDGET FOR EMPLOYEE HEALTH INSURANCE CONTRIBUTIONS AND EXPENDITURES, AND ANNUAL CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR FISCAL YEAR 2006-2007 AND AMENDING THE FISCAL YEAR 2005-2006 BUDGET Mayor Pro Tern Martin motioned to approve Ordinance No. 1745 adopting the official budget for the City of Euless employee health insurance contributions and expenditures and annual contributions to the Texas Municipal Retirement System for the fiscal year beginning October 1, 2006, and ending September 30, 2007, and amending the budget for fiscal year beginning October 1, 2005, and ending September 30, 2006. Council Member Hogg seconded the motion. Council Member Tyson stated he will not vote in favor of this item until the revenue is squared away. City Manager Joe Hennig stated the only two items in this ordinance are the employee health insurance and the Texas Municipal Retirement System for employees and retirees. The first portion of the budget did not include these two items. He stated that Council Member Brown must recuse himself since he has a direct connection to both items. The vote was as follows: Ayes: Mayor Saleh, Mayor Pro Tern Martin and Council Member Hogg Nays: Council Members Tyson, Miller, and Porterfield Present and Not Voting: Michael Brown Mayor Saleh declared the motion did not carry. City Manager Hennig asked if there was any opportunity for reconsideration of this item. Mayor Saleh stated that this action is affecting the employees and retirees and not the citizens, and it is not a good message to send. City Council Minutes Page 10 of 14 August 29, 2006 City Attorney Bob McFarland explained the procedure to allow this item to be ... reconsidered. Assistant City Manager Loretta Getchell clarified that the budget must be approved by law before the tax rate is approved, so if it is on the September 12th agenda, it must come before the vote on the tax rate. ITEM NO. 11 PUBLIC HEARING FOR PROPOSED TAX RATE Mayor Saleh opened the public hearing at 7:57 p.m. for discussion of the proposal to adopt an ad valorem tax rate of$0.4895 per $100 valuation for tax year 2006. In order to provide a little more clarity regarding the city's proposed tax rate and the effective tax rate for those who were not at the council meeting last Thursday night, Assistant City Manager Loretta Getchell stated the city has been fortunate to see its tax base expand from just over $1 billion in FY 1996 to $2.4 billion for FY 2007. The tax base is comprised of approximately 44% residential, 25% multi-family, 17% personal property, and 14% commercial/industrial. The proposed tax rate for all entities for FY 2007 is $2.7337 per $100 assessed value for those in the Hurst-Euless-Bedford Independent School District and $2.7067 for those in the Grapevine-Colleyville Independent School District. The school district represents about 58% of the total tax bill, the city 18%, the county 10%, the hospital 9%, and the community college 5%. The Euless tax rate has declined steadily from 60.6¢ in 1996 to a proposed rate of 48.95¢ for FY 2007. The significant reduction in 1997 was due to the 1/4¢ sales tax passed by citizens in 1996 for the purpose of reducing their property tax liability. There are two components to the tax rate; a debt component and an operations component. The debt component has reduced from a high of 19.80 in 2003 to 14.630 in 2006. State law requires that the city levy a tax rate sufficient to pay the required debt payments on outstanding bonds. The remainder of the tax rate can be used to fund the city's general government operations. The operations component has reduced from a high of 45.620 in 1996 to 34.320 for FY 2007. As of FY 2007, the city has total tax supported debt outstanding of $35,995,000. The required debt payment and associated fees for the upcoming year is $3.7 million of which the car rental fund pays $195,237 and $100,000 is paid from fund balance. The remaining $3.4 million requires a tax levy of 14.62730. The operations portion of the tax rate is determined by considering all other current revenue sources that are available to pay projected expenditures and calculating revenue needed from property taxes. Based on current projections, an operations rate of 34.32270 is needed to generate sufficient revenues to balance the budget per the current council adopted fiscal policies, which require that we submit a balanced budget using current revenues to fund current expenditures. City Council Minutes Page 11 of 14 August 29, 2006 The proposed rate is a reduction of .22770 from the current rate of 49.1777¢. However, individual taxes may vary based on changes in the assessed value of each property. The average home value in the City of Euless for FY 2007 is $132,567. After applying the 20% homestead exemption given by the City of Euless, a taxpayer of an average home would pay $519.13 annually or $43.26 per month. The average home value for a senior citizen in the City of Euless is $118,672. After applying the 20% homestead exemption and the $35,000 senior citizen exemption, a senior citizen with an average home value would pay $293.39 annually or $24.45 per month. This amount may be further reduced due to the fact that Euless has passed a freeze on senior citizen taxes so that when an individual reaches age 65, taxes will be frozen and the citizen will never pay more than the frozen amount. The effective tax rate is a calculated rate that would provide the City of Euless with about the same amount of property tax revenue for operations as was received in the prior year from properties taxed in both years. It does not determine whether an individual taxpayer will pay more or less than they paid in the prior year. The City of Euless did receive an increase in appraised values for FY 2006 which came primarily from reappraisal of the multi-family units and additions to the personal property rendered by DFW Car Rental agencies. There were also increased valuations from sales of properties to new owners and some valuation increases due to reappraisal of existing properties. Since total appraised value increased, the tax rate that would generate the same revenue decreased. This is known as the effective tax rate which is calculated at 47.21310. An individual's tax bill is their assessed value, less a 20% homestead exemption times the adopted tax rate. If a taxpayer's home value is unchanged, they will pay less tax under either the proposed rate or the effective rate. A review of residential accounts indicates that approximately 91% of our citizens saw no increase in their valuations and thus they would see a decrease in their tax bill under either rate. Finally, if a homeowner did see an increase in the appraised value, they may pay more under either rate. Based on a $100,000 value, a homeowner would have paid $393.42 last year. That same homeowner would pay $391.60 this year at the proposed rate which is a reduction of $1.82 annually and they would pay $377.70 under the effective rate which is a reduction of $15.72 annually. Again, if value is unchanged, a taxpayer will pay less tax on any rate that is less than the prior year rate. This example does not include any consideration of the additional exemptions granted to senior citizens. For $43.26 per month, Euless citizens receive 24-hour police and fire protection, city infrastructure including streets, traffic lighting, sidewalks, library services, park amenities, animal control services, health inspection & code services. The following people spoke in opposition to the proposed tax rate of $0.489500, which would be a reduction from the current tax rate of $0.491777 and instead wanted the effective tax rate of $0.472131: Curtis Bjornlie, 1405 El Camino Real #109; George Moore, 1104 Aransas; Jake Thomasson, 1816 Tyler Avenue; Alex Horton, 1909 City Council Minutes Page 12 of 14 August 29, 2006 Fountain Meadow Drive; Jo Svochak, 1603 N. Main Street; Robert McMillon, 415 �.. Stageline Drive; Carroll Scott, 201 Fountainview Drive; Mike Utzman, 316 Calvary; Vince Basset, 804 Peterstow Drive. Tonya Makar, 700 Creekside Drive, registered against the proposed tax rate but did not speak. Tim Stinneford, 2408 Bayberry Lane, spoke in favor of the proposed tax rate of $0.489500 and Kathy Haecker, 403 John Vernon, registered in favor of the proposed tax rate but did not speak. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:46 p.m. ITEM NO. 12 ANNOUNCED THE DATE, TIME AND PLACE OF VOTE ON TAX RATE Mayor Saleh announced that the vote on the ad valorem tax rate would take place on Tuesday, September 12, 2006, at 7:00 p.m. in the City Council Chambers, 201 N. Ector Drive, Euless, Texas. ITEM NO. 13 APPROVAL OF CITY COUNCIL MINUTES Council Member Hogg motioned to approve the minutes of the Regular City Council Meeting of August 15, 2006. Mayor Pro Tem 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. 14 PUBLIC COMMENTS Anna Webb, 904 Ector Drive, addressed the council regarding a drainage problem in her yard that she believed had not been adequately handled by city staff. ITEM NO. 15 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Joe Hennig stated in response to earlier comments that the city did receive one-time bonus payments from two different gas contracts totaling $3.1 million. City Council Minutes Page 13 of 14 August 29, 2006 He noted the checks have been deposited, as instructed by the city council members, into the accounts in direct proportion to the acreage affected for the Texas Star Golf Course, Parks at Texas Star, Softball World, animal shelter, and Parks and Community Services. He stated the 2006 sales tax will be one of the best. In FY 2005, the city received only 97% of the projected sales tax. Several things happened unexpectedly this year with the gas lease and sales tax, but about $6.2 million was budgeted for sales tax this year. In FY 2007, $7.5 million has been budgeted for sales tax. He further stated that staff is conservative when preparing the budget and projecting revenues. He stated he is astounded at the situation because everyone wants the same thing. Staff takes citizens into consideration in everything they do. If the proposed tax rate is cut to the effective rate, staff will find a way to live with it. He noted the $0.4895 tax rate projection is made because the city has so many more things to do. Many things have already been done in the last 10 years; however, yet to come are street improvements on Baze Road, Ash Lane, Cullum Drive; $50 million worth of drainage repair; library expansion, senior citizen center, and water and sewer line replacements. He stated these items are what the proposed tax rate recommendation is based on. Aggregately together we can use that little bit of tax money to do great things for the citizens. CITY ATTORNEY City Attorney Bob McFarland stated that the council needs to be cautious if the budget is not adopted or is adopted without the benefits because they are putting themselves in a precarious position. He noted the budget can only be amended under very limited circumstances under Texas laws. CITY COUNCIL Council Member Tyson stated that during the public hearings council is not supposed to answer citizens. He pointed out that the mayor answered citizens a couple of times and answered them wrong. He stated the council is not drawing down the 60-day budget reserves; that the city has plenty of money. He stated that the mayor is not supposed to answer anyone during public hearings and she did it and did it in error. In regards to the $400,000 difference between the tax rates, he stated three accounts have increased over $400,000 since the figures the council was given in May. He stated that in looking at the budget after the September 11 disaster, the revenues did not decrease, but had a 1.4% increase. September 11 did not affect the city in anyway. Council Member Hogg thanked the citizens for coming to the meeting. Mayor Pro Tem Martin stated that with absolute certainty, everyone at the meeting has the best interest of Euless citizens at heart, but are expressing it from different points of view. She stated the city could get by on the effective tax rate, but one of the major components making Euless a great city is the employees. The council needs to dedicate extra effort to securing the financial future of not only the citizens, but also the employee group. She stated no one can predict if another disaster is in the city's future, but believes extra reserves are vitally important. She thanked the citizens for coming. City Council Minutes Page 14 of 14 August 29, 2006 Council Member Miller stated he appreciated everyone for coming to the meeting. He r.. stated that 2006 is going to be a good financial year and that 2007 will also be a profitable year, which is why he believes the lower tax rate can be approved. He said the budget is a faucet and it's turned on, and the citizens are entitled to the lowest tax rate. He stated he is willing to raise taxes if they need to be raised, but he believes that the city can do all the improvements City Manager Hennig was talking about with the effective tax rate. Council Member Porterfield stated that he hoped no one thinks that because of his vote that he does not appreciate the employees. He congratulated Public Works Leadman Greg Cameron for being selected employee of the month stating he is typical of the city's employees. He stated it is difficult having an opinion that others do not share, and he will be happy to talk to anyone about his reasons for the way he voted on the issues. Council Member Brown stated former Dallas Mayor Ron Kirk expressed it best when he said that a vision without a plan is an hallucination. He stated that all of the council has the same vision of a strong and vibrant Euless able to withstand an economic downturn. Some have a plan to do that by building reserves for that downturn. He expressed to the council that they shouldn't count the tax dollars before they have been generated or collected. Mayor Saleh thanked everyone for caring enough to come to the meeting and welcomed everyone to come back on September 12. r.. ITEM NO. 16 ADJOURNMENT Mayor Saleh adjourned the meeting at 9:15 p.m. APPROVED: i L, Mary Lib Sal h Mayor ATTEST: i usan Crim TRMC City Secretary