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HomeMy WebLinkAbout2007-11-13 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 13, 2007 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, November 13, 2007, in the Precouncil Conference Room of City Hall, 201 N. Ector Drive. Those present included: Mayor Mary Lib Saleh, Mayor Pro Tern Leon Hogg, Council Members Tim Stinneford, Linda Martin, Charlie Miller, Glenn Porterfield, and Perry Bynum. The precouncil meeting included: > Introduction of new administrative employees, Administrative Secretary Danette Thorpe and Special Projects Manager Kay Godbey; > A report on the options to redesign the intersection of State Highway 10 and West Pipeline Road and the ramp modifications between Mid-Cities Boulevard and Glade Road along northbound State Highway 121 by Director of Public Works Ron Young and consultant, Jody Short, Lee Engineering; > A report of the library expansion and remodel by Fleet and Facility Administrator Kyle McAdams; > and the review of agenda items. The city council convened into closed session at 6:42 p.m. for deliberation concerning contemplated and pending litigation regarding Merced Lawsuit and Composite Investment/Three New Millennium, and deliberation of real property, as authorized by Sections 551.071, and 551.072 of the Texas Government Code. They reconvened into open session at 7:00 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, Director of Economic Development Bill Ridgway, Police Chief Mike Brown, Fire Chief Lee Koontz, Director of Public Works Ron Young, Director of Parks and Community Services Ray McDonald, Director of Planning and Development Mike Collins, Special Projects City Council Minutes Page 2 of 15 November 13, 2007 Manager Kay Godbey, City Engineer Robert Barker, Texas Star General Manager Now. Glenda Hartsell-Shelton, Planning and Development Manager Chris Barker, Fleet and Facility Administrator Kyle McAdams, Public Works Manager J. T. Ackerman, Library Administrator Kate Lyon, Human Resources/Risk Administrator Carolyn Marshall, Purchasing Manager Mike Lowry, Assistant Fire Chief Robert Isbell, Fire Marshal Paul Smith, Fire Division Chief/EMS Jeff Morris, Fire Training Chief Dale Skinner, Fire Inspector Vernon Gilmore, Fire Inspector Ken Rawlinson, Battalion Chief Darrell Rutledge, Captain Keith Smith, Lt. Scott Stamps, Driver Engineer Kelly Varwig, Driver Engineer Jason Moon, Driver Engineer Michael Parks, Firefighter/Paramedics, Saul Padilla, Brad Smith, James Cowger, Jeff Hayden, Brandon Herron, Jarrod Goodman, Cody Skinner, and Ken Kelly, Fire Secretary Melissa Thomas, Water Distribution Foreman Herby Joseph, Public Works Facilities Foreman Kenny Spargur, Water Utilities Superintendent Paul Wrzesinski, Wastewater Foreman Terry McGahey, Executive Secretary Diana Ryan, Administrative Secretary Danette Thorpe, Facility Attendant Jerald Lively, Computer Services Specialist Brett Bennett, Information Services Administrator Dan McLain, and Reserve Police Officer Clyde Cullum. VISITORS Jan Joseph, Krystalene and Kayla Spargur, Sharon, Casey, and Braden Wrzesinski, Carlema McGahey, Malasia McHenry, Michael Franco, Coleman Dill, Sydney Anderson, Leticia Mancillas, Leah Bernhardt, Robert Miller, Tom Hoover, Manny Singh, Jerrie Keller, Bill Williams, Warren Wilson, Jake Thomasson, Billy Owens, and others as noted �.. in the visitor register. INVOCATION Mayor Saleh gave the invocation. PLEDGE OF ALLEGIANCE Council Member Martin led the Pledge of Allegiance. ITEM NO. 1 PRESENTATION OF EMPLOYEE SERVICE PINS Fire Chief Lee Koontz introduced Firefighter II/Paramedic Brad Smith and Driver/Paramedic Jason Moon. Director of Public Works Ron Young introduced Water Distribution Foreman Herby Joseph and his wife, Jan; Public Works Facilities Foreman Kenny Spargur, his girlfriend, Teresa, and daughters, Krystalene and Kayla; Water Utilities Superintendent Paul Wrzesinski, his wife, Sharon, daughter, Casey, and son, Braden; and Wastewater Foreman Terry McGahey and his wife, Carlema. Council Member Stinneford presented Brad Smith with a 10-year service pin; Mayor Pro Tem Hogg presented Jason Moon with a 10-year service pin; Council Member Martin presented Herby Joseph with a 15-year service pin; Council Member Miller presented Kenny Spargur with a 15-year service pin; Council Member Porterfield presented Paul Wrzesinski with a 20-year service pin; and Council Member Bynum presented Terry McGahey with a 25-year service pin. City Council Minutes Page 3 of 15 November 13, 2007 v.. ITEM NO. 2 PRESENTATION OF CERTIFICATES TO FIRE PREVENTION POSTER WINNERS Mayor Saleh presented Certificates of Congratulations to the following Grand Prize Winners of the Fire Prevention Week - 2007 Fire Safety Poster Contest for Grades One through Six: First Grade - Malasia McHenry, Lakewood Elementary Second Grade - Michael Franco, Wilshire Elementary Third Grade - Coleman Dill, Wilshire Elementary Fourth Grade - Sydney Anderson, Midway Park Elementary Fifth Grade - Leticia Mancillas, North Euless Elementary Sixth Grade - Leah Bernhardt, Wilshire Elementary Two of the Fire Safety Clowns; Snuffy, aka Fire Training Officer Dale Skinner, and Lippy, aka Driver Engineer Jacob Smith, presented Mayor Saleh and City Manager Gary McKamie with pictures of the clowns taken in their offices, in appreciation of their support. CONSENT AGENDA Council Member Miller motioned to approve Consent Agenda Items numbered 3 through 11. Council Member Stinneford 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. 3 APPROVAL OF PURCHASE OF INSURANCE Approved the purchase of group term life insurance, accidental death and dismemberment, long term disability, and optional life insurance products from Standard Insurance Company through an interlocal agreement with the Public Employee Benefit Alliance (PEBA). ITEM NO. 4 APPROVAL OF PURCHASE FOR REPLACEMENT COMPUTERS Approved the purchase of replacement computers from Dell Computer Corporation through the State of Texas Contract No. DIR-SDD-192, at a cost of $1,140 per computer for a total amount not to exceed $76,000. City Council Minutes Page 4 of 15 November 13, 2007 ITEM NO. 5 AWARD OF BID NO. 030-07 FOR ROOF STRUCTURES Awarded Bid No. 030-07 to SLR — Steel Lite Roofing, Dallas, for the removal and replacement of the roof structures for Fire Station No. 1, 201 E. Ash Lane, and the Animal Shelter, 1517 Westpark Way, in the amount of $150,100. ITEM NO. 6 APPROVAL OF JOINT PURCHASE AGREEMENT FOR FUEL Approved the Joint Purchase Agreement with the City of Fort Worth for the purchase of reformulated unleaded gasoline, red-dyed off-road usage diesel fuels, E85 Ethanol, and B5/B10 bio-diesel fuel from Martin-Eagle Oil Company, Denton, in the amount of $336,000 for unleaded fuel and $113,400 for diesel fuel, for a total expenditure of $449,400. ITEM NO. 7 APPROVAL OF PURCHASE OF VEHICLES Approved the purchase of the following vehicles through the Houston-Galveston Area Cooperative Purchasing Program from Philpott Ford, Port Neches: (1) Two Ford Fusion Sedans for CID in the amount of $19,073.24 each; (2) Three Ford 3/4-ton pickups for the Parks and Public Works departments in the amount of $20,304.40 each; (3) One Ford F350 1-ton cab & Chassis for Public Works, in the amount of $27,069.96; and (4) One Ford F550Nersalift 40 ft. aerial bucket truck for Facility Maintenance in the amount of $82,715.72. ITEM NO. 8 AWARD OF ANNUAL CONTRACT FOR PURCHASE OF WATER METERS AND TRANSPONDERS Awarded the annual contract for the purchase of water meters and transponders, and authorized the city manager to enter into an agreement with Atlas Utility Supply Company, Fort Worth, in the amount of $383,875. ITEM NO. 9 APPROVAL OF PURCHASE OF ELECTRONIC CITATION DEVICES Approved the purchase of the current technology version of the Automated Citation Management System for Police Department from Duncan Technologies, 4129 Avenida de la Plata, Oceanside, California, 92056, in the amount of $121,328. ITEM NO. 10 APPROVAL OF PURCHASE OF FIRE HYDRANT ADAPTORS AND CAPS Approved the purchase of Hydra-Storz adaptors for fire hydrants from Hydra-Shield Manufacturing, Inc., for the Fire Department, and 5" blind caps from Casco Industries for the Public Works Department, in the total amount of $99,211.20. ITEM NO. 11 APPROVAL OF CITY COUNCIL MINUTES Approved the minutes of the Regular City Council Meeting of October 23, 2007. City Council Minutes Page 5 of 15 November 13, 2007 REGULAR AGENDA ITEM NO. 12 APPROVAL OF RESOLUTION NO. 07-1266 Council Member Martin motioned to approve Resolution No. 07-1266 casting 12 votes for John Clanton and 12 votes for John T. Eubanks to serve as Directors on the Tarrant County Appraisal District Board for two-year terms beginning January 1, 2008. Mayor Pro Tern Hogg 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. 13 AWARD OF BID NO. 001-08 FOR EMPLOYEE LEASING Mayor Pro Tern Hogg motioned to award Bid No. 001-08 to Workforce 2000, 1903 Central Drive, Suite 200, Bedford, Texas, 76021, for professional employee leasing at Texas Star Golf Course, Conference Centre and Raven's Grille, in the amount of $146,001 for 27 full-time employees and 50,700 hours of part-time labor at a total base leasing rate of 21.95%. The term is for a period of two years with an option to renew for two additional one-year periods by mutual written consent. Council Member Stinneford 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. 14 APPROVAL OF THE SECOND AND FINAL READING OF ORDINANCE NO. 1786 Council Member Bynum motioned to approve the second and final reading of Ordinance No. 1786 granting the franchise to Allied Waste Services for solid waste services for the collection of residential and commercial garbage and trash within the City of Euless from March 1, 2008, and for five years thereafter. Council Member Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Hogg, Council Members Stinneford, Martin, Miller, Porterfield, and Bynum Nays: None City Council Minutes Page 6 of 15 November 13, 2007 Mayor Saleh declared the motion carried. ITEM NO. 15 APPROVAL OF THE SECOND AND FINAL READING OF ORDINANCE NO. 1790 Council Member Martin motioned to approve the second and final reading of Ordinance No. 1790 granting the franchise to Community Waste Disposal (CWD), L.P for recycling services for the collection of residential and apartment recyclables within the City of Euless from March 1, 2008, and for five years thereafter. 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. 16 AUTHORIZED MAYOR TO NEGOTIATE AND EXECUTE CONVEYANCE DOCUMENTS Mayor Pro Tem Hogg motioned to authorize the mayor to negotiate and execute ,,ger conveyance documents for the purchase of approximately 10.338 acres of commercial property in the Kitty House Survey, A-678, located on Trinity Boulevard in the City of Fort Worth. Council Member Stinneford 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. 17 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-12-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1798 Mayor Saleh opened the public hearing at 7:38 p.m. for Specific Use Permit No. 07-12- SUP on Tracts 1E4, 1E6, and 1E, Andrew Huitt Survey, A-684, and Lot 5, Euless Gardens Addition, for a La Quinta Inn and Suites and Comfort Suites in C-2 (Community Business District) zoning, located on the southwest corner of West Airport Freeway and Vine Street. Planning and Development Manager Chris Barker stated the applicant, MOE Hospitality, LLC, represented by Mandreet Singh, is proposing to construct two limited City Council Minutes Page 7 of 15 November 13, 2007 service, all-suite hotels on 3.4 acres located at the northeast corner of Huffman Road ti.. and Vine Street, along the eastbound frontage road of State Highway 183. The property will be replatted into three lots. Immediately adjacent to the Texaco Station to the east will be Lot 1, Block A. This 1.2 acre tract would remain undeveloped as a future restaurant site. Lot 2, Block A, will be a 1.46 acre parcel located at the hard corner of Huffman Road and Vine Street and will contain a four-story, 44,696 sq. ft. Comfort Suites Hotel with 66 rooms. This site would also include an outdoor pool. Lot 3, Block A, will be a 1.6 acre tract on the southern end of the property containing a four- story, 50,528 sq. ft. La Quinta Inn and Suites Hotel with 73 rooms. The hotels will share a pole sign that would be located on the west side of the entrance off of Huffman Road. There would also be a secondary entry point monument sign located on the north side of the entrance off of Ector Drive. Driveways would be located off of Huffman Road and Vine Street. An additional access drive would be established off of Ector Drive, south of the current Texaco Station and north of the current car repair business. Several specimen size pecan trees were preserved on the site. No trees are to be removed from the undeveloped tract until a site plan is considered. There is no masonry screening requirement when an incoming commercial use abuts commercial zoned property. However, the applicant proposes to provide masonry screening on the south side, extending northward on the Vine Street side approximately 80 feet. Consistent with other hotel developments, the remainder of the perimeter does not contain masonry screening. This would enable sight visibility to be maintained at the drive approaches, as well as providing clear views of the parking lot areas for the Police �.. Department. If the specific use permit is approved, a site plan and preliminary plat will be brought forward for formal consideration. If one or both of the individual hotel properties were to change owners or a contract was signed with a different hotel flag, the specific use permit would become invalid. Mayor Saleh asked for any proponents. Manny Singh, 1001 West Airport Freeway, Euless, owner of the proposed hotels, stated they will be two stories, have indoor pools, continental breakfast, and meeting rooms. The rates will be from $109 to $139. He noted that the rooms do not have kitchens and will not be extended stay hotels. However, the rooms will have microwaves and 32" televisions. He noted that the current La Quinta on SH 183 will receive a face lift and become a Quality Hotel. In response to questions, Mr. Singh stated that he is ready to start as soon as he receives approval, and hoped that actual construction on La Quinta could be started in January and on Comfort Suites in March. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 7:45 p.m. Council Member Miller motioned to approve the first and final reading of Ordinance No. 1798 on Tracts 1E4, 1E6, and 1E, Andrew Huitt Survey, A-684, and Lot 5, Euless Now Gardens Addition, for a La Quinta Inn and Suites and Comfort Suites in C-2 (Community Business District) zoning, located on the southwest corner of West Airport Freeway and Vine Street, subject to the following conditions: (1) Tied to the owner of City Council Minutes Page 8 of 15 November 13, 2007 the hotel development, MOE Hospitality, LLC, represented by Mandreet Singh; (2) tied .• to La Quinta Inn and Suites operating on the proposed Lot 3, Block A; and (3) Tied to Comfort Suites operating on the proposed Lot 2, Block A. 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. 18 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-13-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1799 Mayor Saleh opened the public hearing at 7:49 p.m. for Specific Use Permit No. 07-13- SUP on Lot 3, Block A, Shops at Vineyard Village Addition, for Planet Tan, a tanning salon, in TX-121 (The 121 Gateway District) zoning, located at 2750 State Highway 121, #300. Planning and Development Manager Chris Barker stated the applicant, Planet Tan, �.. represented by Jeff Keeler, is requesting to locate a tanning salon, Planet Tan, in the Shops at Vineyard Village. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:50 p.m. Council Member Bynum motioned to approve the first and final reading of Ordinance No. 1799 on Lot 3, Block A, Shops at Vineyard Village Addition, for Planet Tan, a tanning salon, in TX-121 (The 121 Gateway District) zoning, located at 2750 State Highway 121, #300, with the following conditions: (1) Tied to the owner, Tony Hartl; and (2) Tied to the business name Planet Tan. 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. 19 APPROVAL OF SITE PLAN NO. 07-10-SP `"' Planning and Development Manager Chris Barker stated that Robert Miller, Miller Sierra Contractors, is requesting approval of a site plan for a single lot commercial development with professional offices and warehousing, on 2.921 acres of land on Tract City Council Minutes Page 9 of 15 November 13, 2007 9, G. W. Couch Survey, A-278, and Tract 1, J. Brooks Survey, A-95, located at 1760 4111gr South Pipeline Road West, across the street from the entrance to the Parks at Texas Star. The project is located on property currently zoned "1-2" (heavy industrial district). The development will consist of a 5,894 square foot, single-story professional office building, residential in nature set approximately 87 feet from South Pipeline Road. The applicant has worked very hard to position this office building to preserve and take advantage of the existing mature trees located on the lot. Behind this residential styled office building, the applicant will construct an 18,300 square foot, single-story (max height of 33 ft. 10 in.) office/warehouse structure. There will be no outdoor storage and all activities will be internal to the structure. The site plan under consideration for approval meets and/or exceeds all district development standards. The applicant is requesting no exceptions or variances from these standards. Council Member Martin motioned to approve Site Plan No. 07-10-SP for professional offices and warehousing on Tract 9, G. W. Couch Survey, A-278, and Tract 1, J. Brooks Survey, A-95, located at 1760 South Pipeline Road West. Council Member Stinneford 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. 20 PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 06-19-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1796 Mayor Saleh opened the public hearing at 7:57 p.m. for Specific Use Permit No. 06-19- SUP on Lot 2, Block 45, Midway Park Addition, for a Telecommunication Facility, cell phone tower to be located at the site of the First United Pentecostal Church, 709 Midway Drive, in R-1 (Single-Family Detached Dwelling District) zoning. Director of Planning and Development Mike Collins stated that the applicant, T-Mobile Texas, L.P., is requesting to locate a 70 ft. stealth cell phone tower at the southwest rear corner of the First United Pentecostal church property at 709 Midway Drive. The distance to the residential subdivision to the east is approximately 500 feet and 320 feet to the north. All ground mounted equipment will be enclosed with an 8 ft. masonry screening wall on a concrete pad. He stated that as a result of this specific use permit, a new plat will be required to show fire lanes and all other appropriate easements. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:00 p.m. `or Council Member Stinneford motioned to approve the first and final reading of Ordinance No. 1796 on Lot 2, Block 45, Midway Park Addition, for a Telecommunication Facility, cell phone tower to be located at the site of the First United Pentecostal Church, 709 City Council Minutes Page 10 of 15 November 13, 2007 Midway Drive, in R-1 (Single-Family Detached Dwelling District) zoning, with the •.. following conditions: (1) Antenna not to exceed 70 feet in height; (2) A stealth monopole that incorporates architectural design elements; (3) No antenna elements external to the pole; (4) Monopole must be removed at the applicant's expense in the event that the facility is inactive for the period of one year, and the city must be notified in writing that the facility has become inactive; (5) Tied to T-Mobile Texas, L.P., as the owner, or its successors; and in the event that such a change in ownership occurs, the city must be notified in writing; and (6) That the required new plat show the fire lanes and all other appropriate easements. 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. 21 CONTINUED PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 07-06-SUP AND APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1797 Mayor Saleh continued the public hearing at 8:05 p.m. for Specific Use Permit No. 07- 06-SUP on Lot 1A1, Block 1, J. E. Whitener Estates Addition, for a Telecommunication Facility, cell phone tower to be located at the site of the First Tongan Church, 151 South Pipeline Road East in R-1 (Single-Family Detached Dwelling District) zoning. Director of Planning and Development Mike Collins stated that the applicant, T-Mobile Texas, L.P., is requesting to locate a 90 ft. stealth cell phone tower towards the northwest rear corner of the First Tongan Church property at 151 South Pipeline Road East. All ground mounted equipment will be enclosed with an 8 ft. masonry screening wall on a concrete pad. Mayor Saleh asked for any proponents. In response to questions, Robert Fornander, 5011 Quail Ridge, McKinney, Texas, 75070, stated the sites are checked about once a month. He also stated the proposed cell tower is to be 90 ft. instead of 70 ft. because of the topography along Pipeline Road. There being no additional proponents or opponents, Mayor Saleh closed the public hearing at 8:07 p.m. Council Member Martin motioned to approve the first and final reading of Ordinance No. 1797 on Lot 1A1, Block 1, J. E. Whitener Estates Addition, for a Telecommunication Facility, cell phone tower to be located at the site of the First Tongan Church, 151 South ,■••. Pipeline Road East, in R-1 (Single-Family Detached Dwelling District) zoning, with the following conditions: (1) Antenna not to exceed 90 feet in height; (2) A stealth monopole that incorporates architectural design elements; (3) No antenna elements City Council Minutes Page 11 of 15 November 13, 2007 external to the pole; (4) Monopole must be removed at the applicant's expense in the �.., event that the facility is inactive for the period of one year, and the city must be notified in writing that the facility has become inactive; and (5) Tied to T-Mobile Texas, L.P., as the owner, or its successors; and in the event that such a change in ownership occurs, the city must be notified in writing. Council Member Bynum 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. Council Member Martin thanked staff for working hard to create standards for cell phone towers. She stated she just returned from Hawaii where they do not have any standards and there are big cell phone towers with lots of antennas hanging from them all over the islands. ITEM NO. 22 APPROVAL OF TEMPORARY USE PERMIT NO. 07-10-CC Council Member Porterfield motioned to approve Temporary Use Permit No. 07-10-CC for Christmas tree sales on Tracts 1M and 10, James P. Hallford Survey, A-711, located at 219 West Airport Freeway, from November 22, 2007, through December 22, 2007, between the hours of 9 a.m. and 10 p.m. Council Member Bynum 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. 23 APPROVAL OF AN EASEMENT AGREEMENT NO. 07-11-CC Mayor Pro Tem Hogg motioned to approve Easement Agreement No. 07-11-CC with Texas Midstream Gas Services, Inc., on Tracts 1, 1C, 2, and 2F, William R. Loving Survey, A-944, owned by the City of Euless. The agreement creates an easement 50 ft. wide and 1,556 ft. long for a 24 inch gas distribution pipeline. The city would receive a one-time payment of$70,033.50 ($45 per linear foot). Council Member Stinneford seconded the motion. 'kes. Ayes: Mayor Saleh, Mayor Pro Tem Hogg, Council Members Stinneford, Martin, Miller, Porterfield, and Bynum City Council Minutes Page 12 of 15 November 13, 2007 Nays: None NOW Mayor Saleh declared the motion carried. ITEM NO. 24 APPROVAL OF DEVELOPERS AGREEMENT NO. 07-12-CC Council Member Martin motioned to approve authorizing the mayor to enter into Developer's Agreement No. 07-12-CC with Weekley Homes, L.P., and Enclave at Wilshire Park, LTD., dedicating Lot 19, Block B, to the Enclave at Wilshire Park Homeowner's Association for use as open space for the benefit of the residents of the subdivision. 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. 25 PUBLIC COMMENTS .. Bill Williams, 516 Aransas Drive, expressed his concern that the solid waste and recycling franchises were not put out for bids. ITEM NO. 26 REPORTS STAFF REPORT There was no staff report. CITY MANAGER City Manager Gary McKamie noted that Thanksgiving is a week from Thursday, and stated that he is thankful for the employees and their families. He stated that there has not been a serious injury among our employees this past year, but that an employee in attendance tonight had recently returned to work after a serious illness. CITY ATTORNEY City Attorney Bob McFarland commented that the Texas State Attorney General's office had recently confirmed that the City of Euless was well within state statutes in negotiating the solid waste and recycling franchises in the way that they did. CITY COUNCIL Council Member Bynum stated he appreciated Gary McKamie's comments about the employees. He stated the board & commission dinner and program was very good, and City Council Minutes Page 13 of 15 November 13, 2007 that Council Member Linda Martin presided over the volunteer awards and did a great Ns. job. He explained there is a program for seniors who have special needs through the Tarrant County Emergency Management. Citizens of Tarrant County with special needs can go on-line and register, so that first responders; i.e., police and fire, will be aware of the situation. Council Member Porterfield stated he is amazed at the quality and stability of the staff as the council continues to honor and recognize so many long-tenured employees. He stated he is also amazed at the students and their winning posters, and he thanked the fire department for what they are teaching the students. He read the following comments related to the recent death of former Council Member Carl Tyson: It is with a heavy heart that I comment on the death of Carl Tyson. Carl was an intellectual giant when it came to financial matters and served the City of Euless tirelessly for many years including twelve years on the City Council preceded by several years on the Planning and Zoning Commission. He also served the city as our representative on the Regional Transportation Commission, actually representing several cities. Carl was ever watchful of opportunities for the city to benefit from nuances in legal or contractual financial issues. He was dedicated to providing the needs for city services with funds derived from sources other than taxes on property. Economic development and new sources for sales taxes were his passion. He knew these would be less burdensome on Euless folks. As the Fort Worth Star-Telegram reported, "His precision was one example of how he cared for the community. He volunteered for Euless for more than 30 years, starting as a Planning and Zoning Commission member in 1972. He served on numerous other committees as well." The reason for my heavy heart is not only the loss of a friend, but the way in which one of his last actions in budget matters was so misunderstood by so many. In 2006 as the City Council considered the budget for the coming year, fiscal 2007, the council was divided on the appropriate tax rate for our citizens for the coming year. Carl voted against the budget because he felt a slightly lower tax rate would adequately fund all the operations proposed for our city, including all proposed employee benefits and a reasonably healthy salary increase package for the city's employees. Because one of the council members had formerly been an employee of the city and couldn't vote on issues directly benefiting him, the budget was segregated in a most unfortunate manner. There were two parts to the budget to be voted on; one, dealing with the employee health plan and the employee retirement plan and a separate issue relating to the remaining budget items. The first vote taken was on the budget excluding the two specific employee benefit items. Carl voted against this budget. The second vote was for the segregated portion of '"" the budget, which Carl also voted against. City Council Minutes Page 14 of 15 November 13, 2007 *.. The furor which resulted from this action was unbelievable. One would have thought that Carl along with the others who voted in a similar fashion were enemies of all employees of the City of Euless. This was not the case, but that's the way it was perceived. I know that Carl loved and appreciated the dedication and devotion our employees have for the citizens of Euless and that he had no intent to harm any of them. There was a great deal of heartbreak for Carl as the misunderstanding of his action was published in the Fort Worth Star-Telegram. The Star- Telegram reported that he voted against the employee benefits with little effort to explain the real circumstances of his vote. Both reporters and editors castigated Carl and his vote as being a mean, underhanded action to hold the city at ransom so that Carl could have his way. The news item published at Carl's death stated, "Many believe that he lost his council seat in May because he voted against employee benefits the previous year as a way to cut taxes, creating a political firestorm." This statement is a terrible legacy for one who has served his city so devotedly and would lead one to believe that Carl was voting to cut employee benefits so that taxes could be lowered. That is not correct. He was not voting to cut benefits, though that is one way one could interpret his action without considering the real issues. r.. Though I did not always agree with Carl as we voted on various issues I knew he was sincere in making Euless the best place it could possibly be. I would encourage, and even beg, each member of the City Council, each employee and resident of the City of Euless to search your hearts and forgive Carl Tyson for the hurt he inadvertently created by his action last year and to finally accord to him the appreciation for his service that he so richly deserves. Council Member Miller stated the fire department does a wonderful job the way they relate to children. He noted that there were 95 years of experience and service recognized tonight, which says a lot about the quality of employees. He stated he didn't realize how long Carl Tyson had served the city until he figured the hours. He stated that Carl Tyson had served 23 years on the Planning and Zoning Commission with at least 22 meetings a year. That figures out to 506 weeks he volunteered on the Planning and Zoning Commission. He stated that Carl spent every Sunday going out and looking at sites, which adds another 502 days to his performance. As a council member he spent 252 meetings serving the city and also served on the Regional Transportation Council. He stated the council members become family, through the good and bad times, and that he lost a good friend. He asked that everyone keep the Tysons in their thoughts and prayers, noting that the holidays will be difficult. Council Member Martin stated that the board and commission dinner and the honoring `'"" of the volunteers was great. She stated Carl Tyson was a great volunteer, and did give a lot to the city, and everyone appreciates that. She noted that there is a great camaraderie among all the departments. She commented that the reason there are City Council Minutes Page 15 of 15 November 13, 2007 great things happening in Euless is because of the volunteers, boards and commission ‘.. members, citizens, and city employees. She thanked everyone for helping to make Euless great. Council Member Hogg thanked all the employees. He stated he will have more to report when he returns from the National League of Cities Conference next week. Council Member Stinneford stated that his grandson, who is 9 years old, learned so much in kindergarten regarding the fire prevention program. He wished everyone a Happy Thanksgiving. Mayor Saleh stated her appreciation for the 95 years of service to the city by the employees recognized tonight. She suggested the audience walk the new trails in Midway Park during the holidays. She thanked Ray McDonald for the great work in the parks and noted that Preservation Park is a wonderful park also. She wished everyone a wonderful Thanksgiving. ITEM NO. 27 ADJOURNMENT Mayor Saleh adjourned the meeting at 8:45 p.m. APPROVED: Mary Lib'Saleh Mayor ATTEST: ��//_ i� usan Crim, "MC City Secret. y Nur