HomeMy WebLinkAbout2007-09-11 �.r
MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
SEPTEMBER 11, 2007
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Mary Lib
Saleh at 4:07 p.m. on Tuesday, September 11, 2007, in the Precouncil Conference
Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh,
Mayor Pro Tem Leon Hogg, Council Members Tim Stinneford, Linda Martin, Charlie
Miller, Glenn Porterfield, and Perry Bynum.
The precouncil meeting included:
> A presentation by Jon Sinclair and Ben Burns, regarding a proposed American
Golf Institute teaching bay at Texas Star Golf Course;
> A report by City Manager Gary McKamie regarding a proposed dog park;
,` > A report from Deputy City Manager Loretta Getchell regarding post employment
health benefits;
• and the review of agenda items.
The city council convened into closed session at 6:25 p.m. for deliberation of
contemplated litigation regarding Composite Investment/Three New Millennium as
authorized by Section 551.071, deliberation concerning real property as authorized by
Section 551.072, and deliberation concerning economic development incentives
regarding Glade Park and Shops at Vineyard Village as authorized by Section 551.087
of the Texas Government Code. They reconvened into open session at 6:59 p.m.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS
The Euless City Council continued their meeting in the Council Chambers at 7:05 p.m.
for the consideration of scheduled items.
STAFF MEMBERS PRESENT
City Manager Gary McKamie, Deputy City Manager Loretta Getchell, City Attorney Bob
McFarland, City Secretary Susan Crim, Deputy City Secretary Becky Null, Fire Chief
Lee Koontz, Police Chief Mike Brown, Finance Director Vicki Rodriquez, Director of
Planning and Development Mike Collins, Assistant Police Chief Bob Freeman, Assistant
Fire Chief Robert Isbell, Planning and Development Manager Chris Barker, Fleet and
Facility Administrator Kyle McAdams, Public Works Manager J. T. Ackerman,
Purchasing Manager Mike Lowry, Texas Star General Manager Glenda Hartsell-
City Council Minutes Page 2 of 9 September 11, 2007
Shelton, Library Administrator Kate Lyon, Water Office Billing Manager Kathryn Tipton,
Finance Internal Auditor Doug Burkham, Police Sgt. Gary Landers, Police Sgt. David S.
Chaney, Fire Battalion Chief Darrell Rutledge, Fire Captain Richard Clark, Fire Lt. Scott
Stamps, Fire Lt. Chanc Bennett, Fire Driver Engineer Kelly Varwig, Fire Driver
Engineers Jason Moon and Michael Parks, Fire Training Chief Dale Skinner, Fire
Inspector Vernon Gilmore, Fire Inspector Ken Rawlinson, Firefighter/Paramedics
George Grim, Brandon Herron, Aaron Schmidt, James Cowger, Michael Hanks, Saul
Padilla, Jarrod Goodman, Rusty Cade, Irving Alvarado, and Cody Skinner, Finance
Office Tech Julie Mitchell, Administrative Secretary Diana Ryan, Facilities Attendant
Jerald Lively, Assistant Library Administrator Tammi Trull, Library Administrative
Secretary Karan Jasper, Information Services Administrator Dan McLain, Computer
Services Specialist Brett Bennett, and Communications/Marketing Manager Betsy
Boyett.
VISITORS
Mike Trull, Kay Lively, Edward Mitchell, Faye Stinneford, Dylan Ratliff, J. R. and Kay
Goad, Lou and Vicki Baum, Helen Lightbody, Katie Edwards, Luann Portugal, Martin,
Cathy, Crystal, Joseph, and Johnathan Valdez, Warren Wilson, Jerri Keller, Jake
Thomasson, Geri Sorg, Barney Snitz, Carroll Scott, Billy Owens, Rolland Gilliam and
others as noted in the visitor register.
SEPTEMBER 11, 2001, MEMORIAL PRESENTATION
N..
The Euless Fire Department Honor Guard, commanded by Fire Inspector Vernon
Gilmore, presented the colors of the flags. The Honor Guard members included
Training Chief Dale Skinner, Driver Engineer Jacob Smith, and Firefighter/Paramedics
David Cooper, Jarod Goodman, George Grim, Mike Hanks, Jason Moon, Brad
Shupbach, and Chris Sutterfield. Training Chief Dale Skinner rang the traditional 5-5-5
bell in memory of all the lives lost on September 11, 2001.
Police Sgt. Gary Landers gave the invocation, and Police Sgt. David S. Chaney led the
Pledge of Allegiance.
ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS
Director of Finance Vicki Rodriquez introduced Internal Auditor Doug Burkham,
Facilities Attendant Jerald Lively and his wife, Kay, and Finance Office Tech Julie
Mitchell, and her husband, Edward. Mayor Saleh presented 5-year service pins to
Doug and Jerald, and a 10-year service pin to Julie.
ITEM NO. 2 PRESENTATION OF CERTIFICATE OF RECOGNITION
Johnathan Valdez introduced his parents, Martin and Cathy, his sister, Crystal, and his
brother, Joseph. Mayor Saleh presented Johnathan with a Certificate of Recognition for
his heroic actions in tackling a purse snatcher, holding him until the police arrived, and
recovering the woman's purse.
City Council Minutes Page 3 of 9 September 11, 2007
CONSENT AGENDA
Council Member Stinneford motioned to approve Consent Agenda Items No. 3, 4, 6 and
7.
Council Member Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 3 APPROVAL OF RESOLUTION NO. 07-1260
Approved Resolution No. 07-1260 reappointing Kenneth C. Whitely and Tim Murphy as
municipal court associate judges for two-year terms, which will expire September 30,
2009.
ITEM NO. 4 AWARD OF REQUEST FOR PROPOSAL NO. 028-07
Awarded Request for Proposal No. 028-07 for re-insurance coverage for the city's
health insurance program for October 1, 2007, to September 30, 2008, to Gerber
Life/International Assurance of Tennessee, in the estimated expenditure of$227,408.
ITEM NO. 6 APPROVAL OF EXTENSION OF INTERLOCAL AGREEMENT
Approved the extension of an interlocal agreement for participation in Fort Worth's
Environmental Collection Center, Household Hazardous Waste Program, from October
1, 2007, to September 30, 2008, at the rate of$47.00 per participating household.
ITEM NO. 7 APPROVAL OF CITY COUNCIL MINUTES
Approved the minutes of the Regular City Council Meeting of August 28, 2007.
REGULAR AGENDA
ITEM NO. 5 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT
Council Member Miller motioned to approve authorizing the city manager to negotiate
and execute a contract in the amount of $173,277.00 with Byron Folse and Associates,
2275 Westpark Court, Suite 200, Euless, Texas, 76040, for architectural services for the
expansion of the Texas Star Conference Centre, with the stipulation that proof of
insurance be given to the City Manager's Office or the Risk Manager's Office showing
that the architect carries professional liability of at least one million dollars to cover us in
the event there is a design issue on the project.
City Council Minutes Page 4 of 9 September 11, 2007
Council Member Bynum seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1783 ADOPTING AN AD VALOREM TAX RATE FOR TAX YEAR
2007
Director of Finance Vicki Rodriquez stated the tax rate has declined steadily from
52.48¢ in 1999 to a proposed rate of 47.00¢ for tax year 2007. The proposed rate of
47.000 is a reduction of 1.950 from the current rate of 48.950. 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 12.970 in 2008. State law
requires that we 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 remained fairly steady at
approximately 34.000
Council Member Martin motioned to approve the first and final reading of Ordinance No.
1783 adopting an ad valorem tax rate of $0.47 per $100 valuation for tax year 2007.
Mayor Pro Tern Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 9 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1784 ADOPTING THE TAX ROLL FOR 2007
Director of Finance Vicki Rodriquez stated the approved tax rate will be entered by the
tax collector, and taxes levied will be calculated based upon the approved tax roll.
Council Member Bynum motioned to approve the first and final reading of Ordinance
No. 1784 adopting the Tax Roll for 2007.
Mayor Pro Tern Hogg seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
City Council Minutes Page 5 of 9 September 11, 2007
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 10 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1787 AMENDING WATER AND SEWER SERVICE MONTHLY RATES
Director of Finance Vicki Rodriquez stated the FY 2008 water and sewer revenue is
based on a projected increase in both water and wastewater rates. The city purchases
most of its water from the Trinity River Authority (TRA) and has all sewage treated by
TRA. These projected increases are based on information provided to the member
cities from TRA during their recent budget work session.
The projected water revenue is based on a proposed increase of 17¢, which will bring
the cost per 1,000 gallons to $2.97. For the average user of 8,000 gallons, this equates
to an increase of$1.36 a month and for a 10,000 gallon user $1.70.
The projected sewer revenue is based on a proposed increase of 21¢, which will bring
the cost per 1,000 gallons to $2.21. For the average user of 8,000 gallons, this equates
to an increase of$1.68 a month and for a 10,000 gallon user $2.10.
An average household in the city of Euless would pay approximately $52.42 for water
and sewer service. As compared to surrounding cities, the City of Euless water and
.` sewer rates remain very competitive.
Council Member Miller motioned to approve the first and final reading of Ordinance No.
1787 amending Chapter 30, "Fees", Section 30-35, "Water and Sewer Service —
Monthly Rates", increasing the cost of water from $2.80 to $2.97 and cost of sewer from
$2.00 to $2.21 per 1,000 gallons.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 11 PUBLIC HEARING AND APPROVAL OF FIRST AND FINAL
READING OF ORDINANCE NO. 1785
Mayor Saleh opened the public hearing at 7:36 p.m. regarding the amendment to
Chapter 78, Article 1, of the Code of Ordinances, by adding a new Section 78-2 entitled
"Taxation of Tangible Personal Property in Transit" providing for the ad valorem taxation
of Tangible Personal Property In Transit, or "Super Freeport Goods", pursuant to
Section 11.253 of the Texas Tax Code.
City Council Minutes Page 6 of 9 September 11, 2007
Director of Finance Vicki Rodriquez stated the 80th session of the Texas Legislature
Na- passed HB 621, which allows for a new type of Freeport exemption. The existing
Freeport exemption allows Freeport goods that leave the state within 175 days to be
exempt from taxation.
The new exemption would allow goods to be exempt if they are shipped to another
location either inside or outside the State of Texas within 175 days provided they are
held in a location in the state that is not owned by or under the control of the owner of
the goods.
The bill states that a taxing unit can opt out of the exemption by taking action to tax the
goods before January 1, of the first tax year that the governing body proposes to tax
goods in transit. This must be done by official action of the governing body after a
public hearing has been held.
Based on information provided by Tarrant Appraisal District, this new exemption,
commonly referred to as the Super Freeport Exemption, could result in a loss of
approximately $21 million of taxable value to the City of Euless tax roll, equating to
nearly $100,000 in lost property tax revenue.
City staff recommends that the City of Euless opt out of this exemption and provide
taxation on these goods in transit.
Now There being no additional proponents or opponents, Mayor Saleh closed the public
hearing at 7:40 p.m.
Council Member Bynum motioned to approve the first and final reading of Ordinance
No. 1785 amending Chapter 78, Article 1, of the Code of Ordinances, by adding a new
Section 78-2 entitled "Taxation of Tangible Personal Property In Transit" providing for
the taxation of Tangible Personal Property In Transit, or "Super Freeport Goods",
pursuant to Section 11.253 of the Texas Tax Code.
Council Member Miller seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 12 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-08-SUP
AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE
NO. 1788
Mayor Saleh opened the public hearing at 7:41 p.m. for Specific Use Permit No. 07-08-
�`" SUP on Lot 4, Block 1, Vine Addition, for R & R Mid-Cities Motor Trike in C-2
(Community Business District) zoning, located at 401 Huffman Road #A.
City Council Minutes Page 7 of 9 September 11, 2007
Director of Planning and Development Mike Collins stated the applicant, Ram
`�- Marketing, dba R & R Mid-Cities Motor Trike, owned by Rolland Gilliam and Ronald
Davis, is requesting to continue the specific use permit originally approved on August
15, 2006, but without a time limit.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:44
p.m.
Council Member Martin motioned to approve the first and final reading of Ordinance No.
1788 for Lot 4, Block 1, Vine Addition, for R & R Mid-Cities Motor Trike in C-2
(Community Business District) zoning, located at 401 Huffman Road #A, with the
following conditions: 1) Tied to current business name, R & R Mid-Cities Motor Trike; 2)
Tied to owners Ronald Davis and Rolland Gilliam; 3) All of the activity is contained
within the building, no permanent outdoor display or sales; 4) No fabrication; and, 5)
The Fire Marshal has established that a maximum of twenty gallons of fuel will be
allowed, including fuel in vehicle tanks.
Council Member Stinneford seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
i..
Mayor Saleh declared the motion carried.
ITEM NO. 13 PUBLIC HEARING AND APPROVAL OF FIRST AND FINAL
READING OF ORDINANCE NO. 1789
Mayor Saleh opened the public hearing at 7:45 p.m. regarding the amendment to
Chapter 84 "Unified Development Code", Section 84-84, "Permitted Uses Table"
requiring a specific use permit for an antenna of any height in any zoning classification.
Director of Planning and Development Mike Collins stated staff is proposing the
amendment as an interim step to allow time to do research and prepare recommended
amendments to better control their placement. He stated that a municipality cannot
prohibit cell towers, however.
There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:48
p.m.
Council Member Porterfield motioned to approve the first and final reading of Ordinance
No. 1789 amending Chapter 84 "Unified Development Code", Section 84-84, "Permitted
Uses Table" requiring a specific use permit for an antenna of any height in any zoning
classification.
`"' Council Member Bynum seconded the motion.
City Council Minutes Page 8 of 9 September 11, 2007
Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller,
Porterfield, and Bynum
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 14 PUBLIC COMMENTS
There were no public comments.
ITEM NO. 15 REPORTS
STAFF REPORT
Library Administrator Kate Lyon gave a presentation regarding the many library
activities that occurred during the summer and the resources available to the citizens.
She reported that the Rosetta Stone language-learning software that is available in the
library has been very popular and described how TexShare is a virtual research library
that is constantly updated for use by our citizens.
CITY MANAGER
City Manager Gary McKamie had nothing to report.
CITY ATTORNEY
City Attorney Bob McFarland had nothing to report.
CITY COUNCIL
Mayor Pro Tern Hogg expressed thanks to all the employees and to Library
Administrator Kate Lyon for giving a great report on the library.
Council Member Martin congratulated Kate Lyon on the library activities, and stated she
loves the library and online renewal. She thanked Fire Chief Lee Koontz and Police
Chief Mike Brown on their departments' participation in the September 11, 2001,
memorial presentation at the beginning of the meeting. She congratulated Finance
Internal Auditor Doug Burkham, Facilities Attendant Jerald Lively, and Finance Office
Tech Julie Mitchell on receiving their service pins. She stated that Euless is a great city,
with exemplary employees and caring citizens. She thanked everyone for being at the
meeting.
Council Member Miller congratulated Doug Burkham, Jerald Lively, and Julie Mitchell
for their years of service. He congratulated Johnathan Valdez and stated his actions of
bravery deserved much more than the small article in the newspaper. He thanked
Police Sgt. Gary Landers on a great prayer, noting that the United States is one of the
few countries with the freedom to remember. He stated he was glad to see former
council member Katie Edwards in attendance at the meeting.
City Council Minutes Page 9 of 9 September 11, 2007
Council Member Porterfield thanked the Honor Guard, Police Sgt. Gary Landers, and
Police Sgt. David S. Chaney on their participation in the memorial presentation. He also
congratulated all who were honored tonight. He stated his appreciation for the library
and Kate Lyon's report. He stated that Johnathan Valdez is a special young man and is
exemplary of today's youth.
Council Member Bynum stated he has special remembrance of this day, and hopes the
citizens never forget what this day represents. He stated Euless has great firefighters
and police officers who would do the same thing that those in New York did. He
expressed appreciation for the library and remembered when he participated in the
summer reading program as a child in the Euless Public Library.
Council Member Stinneford congratulated Doug Burkham, Jerald Lively, and Julie
Mitchell, and thanked Johnathan Valdez for what he did and his integrity. He thanked
the library for their reading program. He also thanked the Honor Guard for a great
tribute and stated that we live in the greatest city, county, and state.
Mayor Saleh stated her appreciation for the Honor Guard and the police participation.
She thanked everyone for being at the meeting. She reminded everyone of the
upcoming book sale at the library and the bicycle rodeo.
ITEM NO. 16 ADJOURNMENT
r.. Mayor Saleh adjourned the meeting at 8:07 p.m.
APPROVED:
4/2 Qitt/ i �
t
Mary Lib aleh
Mayor
ATTEST:
usan Crim, RMC
City Secretary