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HomeMy WebLinkAbout2006-09-12 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL SEPTEMBER 12, 2006 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 7:00 p.m. on Tuesday, September 12, 2006, in the Council Chambers of Euless 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. 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, Fire Chief Lee Koontz, Assistant r.. Police Chief Harland Westmoreland, Assistant Fire Chief Robert Isbell, City Engineer Robert Barker, Finance Administrator Vicki Rodriquez, Finance Controller Gary Yakesch, General 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, Water Office Billing Manager Kathryn Tipton, Human Resources Manager Carolyn Marshall, Purchasing Manager Mike Lowry, Information Services Administrator Dan McLain, Computer Services Specialist Brett Bennett, Computer Services Specialist Jake Dilliplane, Communications/Marketing Manager Betsy Boyett, Reserve Police Officer Clyde Cullum, Recreation Manager Suzanne Hendrickson, Police Secretary Carol Agee, Senior Police Officer Jay Alexander, Municipal Courts Manager Teresa Alexander, Building Inspector Jesse Alfaro, Fire Inspector Charles Anderson, Recycling Coordinator Kaye Anderson, Public Works Field Tech Humberto Arriaga, Accountant Diana Ayala, Police Dispatcher Tammy Barnes, Parks Foreman Jimmy Beck, Senior Police Officer Todd Bellah, Fire Lt. Chanc Bennett, Firefighter Paramedic Dustin Benton, Senior Police Officer Bo Berry, Animal Control Officer Richard Boatright, Park Superintendent Terry Boaz, Golf Superintendent Scott Boven, Public Works Equipment Operator Glen Boyett, Internal Auditor Doug Burkham, Senior Police Officer Tony Burnett, Senior Police Officer Randy Burns, Senior Police Officer, Brenda Buske, Firefighter Driver George Buttler, Public Works Field Tech Brett Byers, Senior Police Officer Pam Byers, Firefighter Rusty Cade, Parks Field Tech Troy Cain, Public Works Leadman Greg Cameron, Police Records Clerk Celia Carrillo, Fire Administrative Secretary Penny Carrillo, Firefighter Driver Allan Cavender, Police Technical Specialist David M. Chaney, Police Sgt. David S. Chaney, Firefighter Driver Michael Christenson, Computer Programmer/Analyst Tommy Christopherson, Fire Captain Rick Clark, Librarian Assistant Ellen Collins, Senior Police Officer Jerry Cook, Parks Leadman Larry Council Minutes Page 2 of 15 September 12, 2006 Cook, Firefighter Paramedic David Cooper, Police Office Technician Kami Copeland, .. Firefighter Paramedic Tommy Crist, Engineering Administrative Secretary Cynthia Daniel, Public Service Officer Kevin Daniel, Public Works Field Tech Randy Dault, Recreation Special Events Coordinator Michael Davenport, Parks Foreman Daniel Dearborn, Firefighter Cody Delmere, Facilities Supervisor T. J. Donoghue, Athletic/Aquatics Coordinator John Douthit, Chief Mechanic John Downing, Senior Police Officer Michael Duff, Web Designer Adam Eakins, Librarian Assistant Carolyn Edge, Police Lt. Steve Eskew, Firefighter Paramedic Scott Evans, Recreation Office Clerk Mary Ofa Faiva, Police Records Clerk Amber Fanning, Parks Field Tech Derrick Fennell, Senior Police Officer Rogelio Fimbres, Police Sgt. Joe Foran, Police Officer Ramon Fraticelli, Librarian Assistant Nicole Galindo, Senior Police Officer Roger Gatlin, Fire Inspector Vernon Gilmore, Firefighter Paramedic Jeremy Goodman, Senior Police Officer James Gordon, Parks Manager Johnnie Green, Senior Police Officer John Haecker, Firefighter Paramedic Michael Hanks, Senior Police Officer Mark Harris, Police Officer Sheli Hartley, Engineering Technician Buddy Hartman, Senior Civil Engineer Allen Harts, Police Records Supervisor Michele Hastings, Firefighter Paramedic Ryan Hayes, Dispatcher Robyn Hayley, Senior Police Officer Gene Haywood, Police Records Clerk Ashlea Hill, Public Works Miguel Hinojos, Senior Police Officer Scott Ho, Librarian Assistant Carolyn Hoaldridge, Firefighter Paramedic Robert Hopkins, Planning Secretary Deborah Howard, Librarian Assistant Danene Hudson, Parks Field Tech Chris Hurst, Firefighter Paramedic Ronnie Ikeler, Library Administrative Secretary Karan Jasper, Firefighter Paramedic David Johnson, Public Works Field Tech Tim Johnson, Library Clerk Marilyn Johnston, Administrative Secretary Gail Jones, Building Official Kurt Kasson, Police Officer Lauren Kinney-Smith, Assistant Library Administrator Sherry Knight, Police Lt. Steve Kockos, Court Office Supervisor Diana Kopecky, Field Tech Jared Kraft, Police Lt. Joe Kraft, Police Sgt. Gary Landers, Building Inspector Jeff Lee, Senior Police Officer Sal Lewis, Finance Office Technician Tamra Lewis, Facilities Attendant Jerald Lively, Athletic/Aquatic Supervisor Mark Long, Parks Administrative Secretary Linda Lux, Public Works Equipment Operator Joe Lyons, Office Technician Lloyd Marlowe, Public Works Field Tech Harlan Martin, Firefighter Driver Steve Mayo, Health Inspector Brian McGarry, Receptionist Sandi McGarry, Human Resources Benefit Technician Anniece McKanna, Police Records Clerk Jolie McManus, Library Clerk Vickie Miller, Public Works Field Tech Blake Mills, Library Clerk Minnie Mims, Court Clerk Linda Minor, Firefighter Paramedic Jason Moon, Firefighter Paramedic Cliff Moore, Court Clerk Roslyn Moore, Mechanic Edgar Morales, Library Technical Specialist Becky Moren, Senior Police Officer Brett Morgan, Senior Police Officer Scott Morgan, Court Clerk Emily Murphy, Librarian Assistant Paula Myers, Senior Police Officer Michael Nafziger, Senior Librarian Susan Neal, Battallion Chief John O'Brien, Firefighter Paramedic Chad Olsen, Court Clerk Kristi Olvera, Public Works Field Tech Mark Olvera, Firefighter Paramedic Saul Padilla, Senior Police Officer David Parker, Firefighter Driver Michael Parks, Police Lt. Wayne Pavlik, Police Dispatcher Cynthia Pena, Signal Tech Pat Perrault, Public Works Field Tech Brian Peterson, Senior Police Officer Scott Peterson, Police Officer Jon Pettit, Secretary Ann Pope, Volunteer Coordinator Jerry Poteet, Senior Police Officer Robert Powell, Police Officer Jon Price, Police Dispatcher Cathy Pruitt, Code Inspector Ken Rawlinson, Parks Field Tech Javier Resio, Public Works Field Tech Juan Reyes, Purchasing Clerk Jennifer Rhodes, Senior Police Officer Bill Richardson, Parks Field Tech Tim Rolen, Inspection Services Supervisor Richard Ross, Firefighter Paramedic James Rowell, Firefighter Driver Tommy Rush, Administrative Secretary Diana Ryan, Council Minutes Page 3 of 15 September 12, 2006 Firefighter Paramedic Aaron Schmidt, Firefighter Paramedic Brad Schupbach, Public �.. Works Field Tech Robert Serrato, Facilities Tech William Shafer, Public Works Field Tech Hal Sinclair, Fire Training Officer Dale Skinner, Fire Captain Keith Smith, Fire Lt. Kip Smith, Fire Marshal Paul Smith, Recreation Center Supervisor Randy Smith, Firefighter Paramedic Shawn Soule, Public Works Foreman Kenny Spargur, Fire Lt. Scott Stamps, Finance Office Technician Julie Stephens, Parks Field Tech Cary Stevenson, Claims Adjuster Zella Stierwalt, Senior Police Officer Carl Swindell, Softball World General Manager Chris Thames, Fire Secretary Melissa Thomas, Parks Administrative Secretary Dolores Tijerina, Water Office Technician Leigh Ann Toney, Police Communications Supervisor Debra Torrez, Public Works Field Tech Ernest Torrez, Parks Field Tech Will Totsch, Graphic Artist Jeff Towne, Police Secretary Pam Trawick, Senior Librarian Tammi Trull, Firefighter Paramedic Tom Tyre, Firefighter Drive Kelly Varwig, Library Clerk Leticia Villegas, Texas Star Secretary Stephanie Wickham, Public Works Field Tech Charles Williams, Police Lt. John Williams, Police Sgt. Ron Williamson, Parks Field Tech Steve Wiltshire, Facility Tech Clay Witt, Senior Police Officer Richard Wong, Mechanic John Wood, Water Utilities Superintendent Paul Wrzesinski, Building Attendant Ana Ahovelo, Library Aide Annelle Apple, Library Aide Stasha Barriere, Parks Field Tech Randy Leach, and Accountant Alice Norwood. VISITORS Scott Fisher, Paula McKamie, Jan Hennig, Gaynel Tyson, Don Martin, Linda Young, Margaret & Emily Collins, Jessica DeLeon, Faye & Tim Stinneford, Bill & Boyce Byers, �.. James & Juanita Benshoof, Al & Betty Heinemann, Maxine Sustaire, Keith Eggers, Charles Cinquemani, Fern Romine, Helen Lightbody, Sue & Richard Morrow, Betty Fuller, Della Ferris, Richard & Barbara Girouard, Helen & John Voss, John & Carmen Deithloff, John & Peggy Vandiver, Sonia McMillon, Tommy & Gloria Daves, Byron & Leah Benoit, Lou & Vicki Baum, Madyson McGarry, Terri Goines, Brenda Richardson, Amanda Chaney, Charlie Copeland, Randy & Terry Byers, Nadine Barnes, Austin Sizemore, Maurice LaBelle, Patsy & Donald Hill, Pat Kent, Michelle Goodman, Donna Mickan, Regena & John English, Rick Morrow, Lynda Tomlinson, Sue Omlor, Dr. Gayla Maas, Melanie Freeman, Annette Briggs, Jerry Coon, Charles & Sandie Ferris, Patsy Howell, Barbara Grant, Terry Barriere, Vernon & Betty Suhr, Esther Johnson, David Latham, Bill Stone, Naomi Svochak, Allen & Thelma Mathew, Pat Smith, Barney Snitz, Ray Yamada, David Mishkin, Wayne McNeill, Perry Bynum, Ellen Dinkins, Barbara Thompson, Jerry Shiflet, Sara & Lissa Stamp, Sharon Finnegan, Don Scott, Tiffany Morrow, Judith Faurot, Rose-Marie Stevens, Katherine Banice, Essie Dougherty, Mark Lipman, J. R. & Kay Goad, Lynn Adams, Ron Hyde, John Woodall, Charlotte Nafziger, Jerrie Keller, Ricardo Royce, Mary Springer, Shawn Heaton, Jack Weiss, Greg & Marie George, David & Tracye Albone, Ralph Williamson, Latrice Totsch, Michael Van Meter, Dr. Kevin Witt, Dorothy Gardner, Bill Johnston, Judie Nolden, John Sanders, William W. Weeks, Carroll Scott, H. Chad Bailey, Mike Utzman, and others who did not sign the visitor register. INVOCATION Reverend Scott Fisher, Metroplex Chapel, gave the invocation. Council Minutes Page 4 of 15 September 12, 2006 �. PLEDGE OF ALLEGIANCE Council Member Leon Hogg led the Pledge of Allegiance. ITEM NO. 1 APPROVAL OF EXTENSION OF INTERLOCAL AGREEMENT Council Member Miller motioned to approve an extension of an interlocal agreement with the City of Fort Worth for participation in Fort Worth's Environmental Collection Center, Household Hazardous Waste Program from October 1 2006, through September 30, 2007, at the rate of $46 per participating household, in the estimated expenditure of$33,000. 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. 2 RECEIVED VERIFICATION OF MAXIMUM IMPACT FEES AND AUTHORIZED MAYOR TO CERTIFY COMPLIANCE TO THE ATTORNEY GENERAL Council Member Hogg 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. 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. 3 APPROVAL OF A PROFESSIONAL OFFICE BUILDING SITE PLAN NO. 06-08-SP Council Member Miller motioned to approve Site Plan No. 06-08-SP for an 8,000 sq. ft. professional office building on Lot 1, Block A, Kosambo Addition, located at 345 Westpark Way. Council Member Porterfield seconded the motion. Council Minutes Page 5 of 15 September 12, 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. 4 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-09-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1750 Mayor Saleh opened the public hearing at 7:09 p.m. regarding Specific Use Permit No. 06-09-SUP on Lot 2A2, Block 1A, Morrisdale Addition, for Central Cleaners in C-2 (Community Business District) zoning, located at 4319 West Pipeline Road. Director of Planning and Development Mike Collins stated this is a renewal of the specific use permit for the existing dry cleaners. He stated the applicant is currently operating under a lease that will expire in 2011. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:10 p.m. Mayor Pro Tern Martin motioned to approve the first and final reading of Ordinance No. 1750 for Specific Use Permit No. 06-09-SUP on Lot 2A2, Block 1A, Morrisdale Addition, for Central Cleaners in C-2 (Community Business District) zoning, located at 4319 West Pipeline Road, with the stipulation that it be tied to the current owner, Hee D. Hwang. 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. ITEM NO. 5 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-10-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1751 Mayor Saleh opened the public hearing at 7:12 p.m. for Specific Use Permit No. 06-10- SUP for Arena Athletics, an indoor soccer arena, on Lots 27ER and 27A, Block C, Somerset Place Addition, in Planned Development No. 1029 based on C-2 (Community Business District) and C-1 (Neighborhood Business District) zoning, located at 100 E. Midway Drive. ``" Director of Planning and Development Mike Collins stated this is a renewal of the specific use permit for the existing Arena Athletics. He stated Jim Mertz, owner, has Council Minutes Page 6 of 15 September 12, 2006 completed all the previous Planning and Zoning requirements and staff and the �.. Planning and Zoning Commission recommends it be approved without a time limit. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:13 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1751 for Specific Use Permit No. 06-10-SUP for Arena Athletics, an indoor soccer arena, on Lots 27ER and 27A, Block C, Somerset Place Addition, in Planned Development No. 1029 based on C-2 (Community Business District) and C-1 (Neighborhood Business District) zoning, located at 100 E. Midway Drive, with the stipulation that it be tied to the current owner, Jim Mertz. Council Member Miller 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. 6 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-11-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE Near NO. 1752 Mayor Saleh opened the public hearing at 7:14 p.m. for Specific Use Permit No. 06-11- SUP, for Town and Country Cigars with alcohol sales on Lot 1, Block B, Heritage Towne Crossing Addition, in TX-121 (121 Gateway District) zoning, located at 1301 West Glade Road, #180. Director of Planning and Development Mike Collins stated the original owners have sold the business to Charles Peacock and Michael Bowman, which causes a new specific use permit to be required. There are no plans for change to the current operations of the business. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:17 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1752 for Specific Use Permit No. 06-11-SUP, for Town and Country Cigars with alcohol sales on Lot 1, Block B, Heritage Towne Crossing Addition, in TX-121 (121 Gateway District) zoning, located at 1301 West Glade Road, #180, subject to the following conditions: (1) Tied to the owners, Charles M. Peacock and Michael L. Bowman; and (2) tied to alcohol sales representing less than 25% of total sales annually. Mayor Pro Tem Martin seconded the motion. Council Minutes Page 7 of 15 September 12, 2006 Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, v.. Porterfield, and Brown Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-12-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1753 Mayor Saleh opened the public hearing at 7:18 p.m. for Specific Use Permit No. 06-12- SUP for Bear Creek Car Wash on Lot 8, Block 2, Villages of Bear Creek Addition, in C-2 (Community Business District) zoning, located in 801 East Mid-Cities Boulevard, #100. Director of Planning and Development Mike Collins stated the applicant is requesting a renewal of the specific use permit to continue operating the car wash. The car wash has been in operation since 2003 with no reported code violations. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:20 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. r, 1753 for Specific Use Permit No. 06-12-SUP for Bear Creek Car Wash on Lot 8, Block 2, Villages of Bear Creek Addition, in C-2 (Community Business District) zoning, located at 801 East Mid-Cities Boulevard, #100, with the stipulation that it be tied to the owner, Paran Vision Investment, Sang Yoon Kwon, President. 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. 8 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-13-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1754 Mayor Saleh opened the public hearing at 7:21 p.m. for Specific Use Permit No. 06-13- SUP for TRS Behavioral Care, Inc., dba The Right Step on Lot 2, Park Center Addition, in 1-2 (Heavy Industrial District) zoning, located at 2219 West Euless Boulevard. Director of Planning and Development Mike Collins stated the applicant proposes to continue operating a chemical dependency treatment program in a 126 bed facility located on a 10-acre tract at 2219 W. Euless Boulevard. He stated the average length of stay for primary care patients is 14 to 30 days and for extended care clients it is Council Minutes Page 8 of 15 September 12, 2006 between 30 and 90 days. The facility will be staffed 24 hours a day, seven days a v.. week. Their business model targets clients that are either insured under health insurance plans or can pay cash. No federal or state government funds are accepted that would enable individuals involved in the criminal justice system to be treated. This will not be a lock-down facility; individuals can leave at will. The 53,000 square foot building was extensively renovated & remodeled. All fire lanes were brought into compliance. There have not been any significant issues relating to the facility's operations. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:25 p.m. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1754, for Specific Use Permit No. 06-13-SUP for TRS Behavioral Care, Inc., dba The Right Step on Lot 2, Center Addition, in 1-2 (Heavy Industrial District) zoning, located at 2219 West Euless Boulevard, subject to the following conditions: (1) Applicant volunteers to allow internal audits to be performed by the City of Euless to verify funding sources; and (2) Tied to TRS Behavioral Care, Inc., dba The Right Step. 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. 9 APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. 1744 ADOPTING THE CITY OF EULESS OFFICIAL OPERATING AND CAPITAL BUDGET EXCLUDING EMPLOYEE HEALTH INSURANCE AND RETIREMENT CONTRIBUTIONS FOR FY 2006- 2007 AND AMENDING THE FY 2005-2006 BUDGET Council Member Miller stated he would not be voting in favor of the budget because he does not agree with the tax rate being recommended. Council Member Hogg motioned to approve the second and final 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 City of Euless 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. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Hogg, Porterfield, and Brown Council Minutes Page 9 of 15 September 12, 2006 Nays: Council Members Tyson and Miller Mayor Saleh declared the motion carried. ITEM NO. 10 MOTION TO RECONSIDER THE VOTE BY WHICH ORDINANCE NO. 1745 RELATED TO EMPLOYEE HEALTH INSURANCE AND RETIREMENT CONTRIBUTIONS FAILED TO BE ADOPTED AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 29, 2006 Council Member Porterfield motioned to reconsider the vote by which Ordinance No. 1745 related to employee health insurance and retirement contributions failed to be adopted at the Regular City Council Meeting of August 29, 2006. Council Member Miller seconded the motion. ITEM NO. 11 APPROVAL OF THE VOTE ON A MOTION TO RECONSIDER THE VOTE ON ORDINANCE NO. 1745 WHICH FAILED ON AUGUST 29, 2006 Council voted as follows on the motion to reconsider the vote by which Ordinance No. 1745 related to employee health insurance and retirement contributions failed to be adopted at the Regular City Council Meeting of August 29, 2006. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, and Porterfield Nays: None Council Member Brown was present but did not vote. Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVED FIRST AND FINAL READING OF ORDINANCE NO. 1745 APPROVING THE FY 2006-2007 EMPLOYEE HEALTH INSURANCE AND TEXAS MUNICIPAL RETIREMENT SYSTEM CONTRIBUTIONS Mayor Saleh stated that although this was not a public hearing, a large number of people wanted to express their feelings on this issue. She noted that speaker registration forms received prior to 5:00 p.m. today had been copied and distributed to each council member. She read the following names of employees and retirees who had submitted opinion/speaker registration forms in favor of this item, but who did not wish to speak: Ryan Hayes, Kip Smith, Joe Kraft, Robert Powell, Pam Trawick, Gail Jones, Debra Riley-Torrez, Ernest Torrez, Susan Lynn Neal, James J. Gordon, Ray McDonald, John Douthit, Cary Stevenson, Javier Resio, Beverly McCalmont, Kelly LaBrie, Margaret Adaha, Kaye Welborn, Delia Kelly, Carolyn Hoaldridge, Annelle Apple, Sharon Shiflet- White, Chris Courtney, Nancy Ruiz, Francisco Pena, Brady Templeton, Bill Ridgway, Kevin Daniel, Danene Hudson, Sandi McGarry, Steve Kockos, Kimberly Miller, Vickie Council Minutes Page 10 of 15 September 12, 2006 Miller, Julie Hasse, Marilyn Johnston, Troy Cain, Joseph P. Lyons, Becky Moren, ... Johnnie Green, Carol Agee, Karan Jasper, Ashlea Hill, H. W. "Bo" Berry, Scott W. Stamps, Cynthia Pena, Jimmy Beck, Kaye Anderson, Ken Rawlinson, Jay & Teresa Alexander, Kelly Varwig, Brian McGarry, Sheila L. Williams, and Sue Morrow. Mayor Saleh read the names of citizens who had submitted opinion/speaker registration forms in favor of this item, but who did not wish to speak. Wendell Finnegan, Ken Builta, Joyce Builta, Bill & Marianne McGinnis, Sue A. Omlor, William K. Johnston, Jr., Kenneth Stone, James Pell, Tim & Jamie Horton, Richard Morrow, Sr., Julie Ratliff, Betty Fuller, Dr. Roy Yamada, Nadine Barnes, Rose-Marie Stevens, Regena English, Jesus Ramos, Ellen Dinkins, Christy Rousch, Judi Faurot, Faye Stinneford, Don Martin, H. Chad Bailey, William W. Weeks, Pat Kent, Sandy Nivone, Kevin Nivone, Alya Phanthavong, Armando Silva, Steve Ragsdill, Jaycee Rector, C. R. White, Joe L. Vega, and Ralph A. Williamson. Mayor Saleh then called on the following employees who submitted opinion/speaker registration forms in favor of this item wanting to speak before the council: David W. Johnson, Jerry Poteet, Michael Duff, Sherry Knight, and Tim Rolen spoke before the council regarding this item. Charles Anderson and Kenny Spargur signed up to speak, but declined to do so. Mayor Saleh called on the following citizens who spoke before the council in favor of this item: Bill Byers, Boyce Byers, Jack Weiss, Melanie Wright, Dr. David Mishkin, Todd Hill, and Tim Stinneford. Helen Voss signed up to speak, but declined to do so. Mayor Pro Tem Martin motioned to approve the first and final reading of Ordinance No. 1745 approving the FY 2006-2007 employee health insurance and Texas Municipal Retirement System contributions. Council Member Miller seconded the motion. Prior to the vote, Council Member Glenn Porterfield stated that he pleaded guilty to a severe lapse of judgment and although he did not realize the implication of his actions, he stated he does now. He stated that he could only sincerely apologize for the concern he had caused in the minds and hearts of the employees and their families and stated he would be voting for the ordinance approving the employee benefits portion of the budget. Council Member Tyson stated that in retrospect, his vote was not the correct vote and apologized for the lapse of judgment he also had. He stated that he would also be voting for the ordinance. Council Member Miller stated that he cares for employees and will be voting for this item and that he made a bad decision. He stated that from his perspective when the motion was made, he was trying to convey that when you put the two items together it was one '4r budget. At the time he was just trying to let everyone know that he was recommending the lower tax rate. He stated that he was sorry for the anxiety he caused to the people he liked. Council Minutes Page 11 of 15 September 12, 2006 r.. Ayes: Mayor Saleh, Mayor Pro Tern Martin, Council Members Tyson, Hogg, Miller, and Porterfield Nays: None Council Member Brown was present but did not vote. ITEM NO. 13 CONSIDER FIRST AND FINAL OR SECOND AND FINAL READING OF ORDINANCE NO. 1745 ADOPTING THE CITY OF EULESS BUDGET FOR EMPLOYEE HEALTH CONTRIBUTIONS AND EXPENDITURES, AND ANNUAL CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR FY2006-2007 AND AMENDING THE FY2005-2006 BUDGET This item was not considered since Ordinance No. 1745 was approved in Item No. 12. ITEM NO. 14 APPROVAL OF FIRST READING OF ORDINANCE NO. 1748 Council Member Brown motioned that property taxes be increased by the adoption of a tax rate of .4895, with first and final reading of Ordinance No. 1748 adopting a tax rate for the City of Euless for tax year 2006, providing for certain exemptions, providing for publication and an effective date. y.. Mayor Pro Tern Martin seconded the motion. Mayor Pro Tern Martin stated for clarification that the verbiage used in Council Member Brown's motion was legislatively mandated language. She stated that it is true that the total tax revenues will increase; however, the actual proposed tax rate is lower than last year's tax rate of .4917. She stated the average citizen will either see no change or an actual reduction in their tax bills with the proposed tax rate of .4895. Council Member Miller stated that this is going to pass, but that he wanted everybody to know that the other item regarding employee health benefits and retirement is taken care of, but he has a different opinion on the tax rate. He stated that he will vote no on the proposed tax rate because he believes .4721 is the best rate. Council Member Brown stated that the council praises city staff and administration for the good economic condition the city is in today, but then do not trust their recommendation. He stated his belief is that you have to have built-in reserves in order to function and provide city services for the time when the economic downturn comes. He stated the city has got to be able to provide and ensure the economic and professional lives of its employees. He stated that the .4721 tax rate sacrifices too much, and he will vote for the proposed tax rate of .4895. Council Member Tyson stated that regardless of the tax rate, the employee benefits, raises, and other items in the budget will be funded. He stated that he did not see the need to raise taxes given this is the best year the city has had. Council Minutes Page 12 of 15 September 12, 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 26, 2006. ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1749 Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1749 adopting the tax roll as presented by the Tax Assessor Collector for 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. 16 RESOLUTION NO. 06-1232 RESCHEDULING REGULAR CITY COUNCIL MEETING Resolution No. 06-1232 rescheduling the regular city council meeting from Tuesday, September 26, 2006, to Tuesday, September 19, 2006, if necessary, was not considered since Ordinance No. 1745 was approved on first and final reading in Item No. 12. ITEM NO. 17 AWARD OF REQUEST FOR PROPOSAL NO. 027-06 FOR RE- INSURANCE COVERAGE Council Member Hogg motioned to award Request for Proposal No. 027-06 for re- insurance coverage for the city's health insurance program for October 1, 2006, to September 30, 2007, to Gerber Life/International Assurance. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Tyson, Hogg, Miller, and Porterfield Nays: None Council Member Brown was present but did not vote. Council Minutes Page 13 of 15 September 12, 2006 ITEM NO. 18 APPROVAL OF CITY COUNCIL MINUTES Council Member Hogg motioned to approve the minutes of the Special Called City Council Meeting of August 24, 2006, and the Regular City Council Meeting of August 29, 2006. 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. ITEM NO. 19 PUBLIC COMMENTS Dave Stonecipher, 204 Wildbriar, thanked the Public Works Department for repairing the sidewalk in front of his home. He stated he was proud to live in Euless and thanked the council for providing the benefits for the employees. Esther Johnson, 1205 Pebble Creek, addressed the council about the need for cleaning up the Morrisdale strip center along W. Pipeline Road near the Morrisdale Subdivision. Ellen Collins, 2410 Amber Hill Lane, commended the police and fire personnel involved in the recent hostage situation near her home, stating they operated in a professional manner and did a wonderful job. Richard Crowe, 511 Sage Lane, stated he works for the City of Grapevine and expressed his concern for what took place regarding the issue on the Euless employee benefits. Jack Weiss, 518 E. Ash Lane, stated he didn't mind paying a little more in taxes for getting outstanding service. Mike Utzman, 316 Calvary, stated he appreciated the council passing the budget, but proposed in the future that a citizen panel be formed to assist in preparing the budget before it goes to council. ITEM NO. 20 REPORTS There was no staff report. CITY MANAGER City Manager Joe Hennig stated that he could not say enough about the employees and asked God to bless the employees and retirees. He stated that Bill & Boyce Byers and Council Minutes Page 14 of 15 September 12, 2006 other citizens like them have made Euless special, and noted that Bill & Boyce have �1/ lived their whole lives here and are still serving the city. He pointed out that a great budget was approved tonight, and there is a great deal of work to do; i.e., replacement of sewer lines, water lines and sidewalks. He noted that W. Pipeline Road and Glade Road are under construction. He stated the budget also allows for three new dispatchers and three new firefighters in order to add a third ambulance. He stated he looks forward to doing these things for the citizens through the implementation of this budget. CITY ATTORNEY City Attorney Bob McFarland stated he had nothing to report. CITY COUNCIL Council Member Tyson stated he had nothing to report. Council Member Hogg stated that everything has been said and said well. He stated his appreciation for everyone coming out and that the council is here to work for them. Mayor Pro Tem Martin read the following comments: "It has been an extremely difficult two weeks resulting in many sleepless nights for all of us. My heart was breaking as I read the letters and emails outlining your individual worries. Ultimately, all of the comments speak to the high moral character of our employees. Even though you were facing the possibility of great personal hardships, you urged me to stay strong, to stay the course. You could have easily taken the easy way and asked us to give in, but you were adamant about sending the right message. I thank you for your support and strength during this very trying time. I'll end my comments this evening with an old Kenyan proverb: Sticks in a bundle are unbreakable." Council Member Miller stated he was glad everyone came out to the meeting. Council Member Porterfield stated he had said all he needed to say. Council Member Brown stated it was a great evening. He stated it was good to look out and see some dear friends and men and women he served with and who continue to serve the city with honor. He stated it is good to be a part of a community that value commitment and dedication to service. He stated the community has let the council know what they expect from them. Mayor Saleh read the following comments: "As I listened to all the remarks this weekend regarding the 911 events, I could not help but compare the terror and sadness of that event to the recent events in our city. What was to have been the last holiday of the summer turned into a nightmare for our employees, our citizens, and some of our council members. I doubt that any of us have truly been the same since. When the names of the known deceased were read at ground zero, I felt like naming each and everyone of our city family that had been touched by the unjust vote against the employee benefits at the last council meeting. Each letter and e-mail received during this time was evident of the pain and concern and caring for each other and your Council Minutes Page 15 of 15 September 12, 2006 families. Believe me, we suffered right along with you. Many of us keep our problems to ourselves and are reluctant to share with others. Not this time, you have shared so very much. But, in doing so, my hope is that you have bonded in closer friendships and concern for one another. You have truly become one family and showed your love for this great city. When I first came on board as a city councilperson in 1989 we had a strategy session to see just what we could do to change the image of USELESS to EULESS. A staff member at my table commented that the only way to do so was to have a city council that could know the employees and know their needs and work together to change the image. It had to be a partnership. Well, I think we have accomplished that. Euless is recognized throughout the community, the state of Texas and the United States for the great city we are. We will continue to keep this city great! We have all suffered through these "tough" times but tomorrow is another day and I know we will continue to work together to "BUILD A BETTER TOMORROW FOR OUR CITIZENS." Thank you each and every person for your letters, your attendance tonight and your support and for caring about Euless." ITEM NO. 21 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:55 p.m. APPROVED: 2die e, Mary Lib Saleh Mayor ATTEST: •san Crim, RMC City Secretary