2006-08-07 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, August 7, 2006
6:30 p.m.
The following members of the City Council were present:
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem
Councilmembers
Bob Phelps
Ben Robinson
Tim O'Hare
Charlie Bird
Bill Moses
Jim Smith
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Secretary
Assistant to the City Manager
Finance Director
City Engineer
Director of Public Works
Director of Parks and Recreation
Acting Police Chief
Fire Chief
Library Director
Director of Community Services
Director of Communications
Director of Equipment Services
Recording Secretary
Linda Groomer
Mary Jane Stevenson
Greg Vick
John Boyle
Cindee Peters
John Roach
Charles Cox
Jerry Murawski
Mark Pavageaux
Jeff Fuller
David Hale
Kyle King
Danita Barber
Michael Spicer
Tom Bryson
Don Moore
Suzanne Reynolds
Mayor Phelps called the City Council meeting of August 1, 2006 to order at 6:30
p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Bird gave the invocation and Councilman Moses led the pledge of
allegiance.
Volume 97, page 56
A.2 LEGISLATIVE UPDATE FROM CONGRESSMAN KENNY MARCHANT.
Congressman Kenny Marchant presented an update to the City Council and
audience on legislative issues regarding DART, immigration, the Wright
Amendment and discussion of a new post office in Farmers Branch.
A.3 PRESENTATION OF PROCLAMATION DECLARING SUNDAY,
SEPTEMBER 10, 2006, AS "PARK YOUR CAR DAY" IN THE CITY OF
FARMERS BRANCH.
Mayor Phelps presented the following information. During the July 17 Council
Study Session, Farmers Branch resident Frank Shor discussed a proposal to have
all City residents refrain from operating any non-emergency motorized vehicles
for a designated period of time to help preserve the environment. Mr. Shor
suggested that this period might be set for a Sunday afternoon.
Mayor Phelps proclaimed Sunday, September 10, 2006, from 2 p.m. to 6 p.m. as
"Park Your Car Day" in Farmers Branch.
A.4 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
Mayor Pro Tern Robinson gave an apology to City Manager Linda Groomer and
staff for his earlier statement in the Study Session. Ms. Groomer thanked Mayor
Pro Tern Robinson for his comments and assured him that public participation and
customer service are both very important to City staff.
A.5 REPORT ON STUDY SESSION ITEMS.
Mayor and City Council gave a brief summary of the items discussed in Study
Session.
B.0 Consider the following as Consent Items and take appropriate action.
Mayor Phelps stated consent items are items that are to be considered that may
not need discussion individually. Any member of the City Council or the
audience may request to withdraw any item from the consent items and place the
item before the Council for full discussion. The concept for consent items is to
speed up discussion for those items that need more time for discussion.
A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all
voting "aye," added Agenda Item DA to the Consent Agenda.
A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all
voting "aye," accepted the Consent Agenda as amended.
Volume 97, page 57
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 17,
2006.
B.2 ADOPTED RESOLUTION NO. 2006-077 APPROVING THE
REQUEST OF HOLT LUNSFORD COMMERCIAL FOR SITE PLAN
APPROVAL FOR TWO 10,400 SQUARE-FOOT OFFICE
WAREHOUSE BUILDINGS LOCATED AT 13700 DIPLOMAT DRIVE
WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING
DISTRICT.
B.3 ADOPTED RESOLUTION NO. 2006-080 APPROVING THE 2006-2007
OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER
SUPPLY CORPORATION.
B.4 ADOPTED RESOLUTION NO. 2006-073 AWARDING THE BID IN
THE AMOUNT OF $76,574.00 FOR DRAINAGE CHANNEL REPAIRS
TO KEN-DO CONTRACTING, L.P.
B.5 ADOPTED RESOLUTION NO. 2006-081 CREATING A SINGLE
NON-PROFIT TRUST ALLOWING THE CITY OF FARMERS
BRANCH TO BE EXEMPT FROM INSURANCE PREMIUM TAXES,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID TRUST
DOCUMENTS ON BEHALF OF THE CITY OF FARMERS BRANCH,
AND DESIGNATING THE DIRECTOR OF FINANCE AS TRUSTEE.
B.6 ADOPTED RESOLUTION NO. 2006-082 AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE PUBLIC EMPLOYEE BENEFIT ALLIANCE (PEBA).
B.7 ADOPTED RESOLUTION NO. 2006-083 AUTHORIZING THE CITY
MANAGER TO ENTER INTO ADMINISTRATIVE SERVICE
AGREEMENTS WITH THE INTERNATIONAL CITY/COUNTY
MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
(ICMA-RC) AND EXECUTE THE ASSOCIATED TRUST
DOCUMENTS TO CREATE A RETIREE HEALTH SAVINGS PLAN
FOR EMPLOYEES.
DA ADOPTED RESOLUTION NO. 2006-074 AWARDING THE BID IN
THE AMOUNT NOT TO EXCEED $80,000.00 FOR STREET
MARKINGS AT VARIOUS LOCATIONS TO ROAD MASTER
STRIPING, LLC.
C.1 CITIZEN PARTICIPATION.
John Wells, 13521 Heartside Place, expressed his concerns regarding the dog
droppings around Rawhide Creek, poison ivy in the alleys, vehicles speeding on
Volume 97, page 58
Josey Lane near Janie Stark Elementary School, the City Manager's retirement,
the request for a new post office in Farmers Branch, and adequate City staffing
levels.
D.1 PRESENTATION OF ANNUAL CODE ENFORCEMENT PERFORMANCE
MEASURES AND BENCHMARKS REPORT.
Building Official Jim Olk gave an abbreviated version of the Annual Code
Enforcement Report that was presented earlier during the Study Session. He
stated the complete report could be seen on Channel 15 at 3 p.m. beginning the
week of August 14th.
D.2 CONSIDER ADOPTING A MOTION PROPOSING THAT THE CITY
MAINTAIN A $0.4945 PROPERTY TAX RATE, SCHEDULE TWO PUBLIC
HEARINGS FOR AUGUST 21, 2006 AND SEPTEMBER 5, 2006, SCHEDULE
ADOPTION OF THE TAX RATE ON SEPTEMBER 18, 2006, AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The 2006-07 proposed
budget was submitted to Council on July 31, 2006, and is also available to the
public for review on the City's website and at the Manske Library. The City
Council will discuss the 2006-07 proposed budget in a workshop during the
afternoon of August 21, 2006. The proposed budget contains a recommendation
to maintain the property tax rate at $0.4945 per $100 assessed value.
The Dallas Central Appraisal District recently certified the City's taxable property
values. Including new construction, these values reflect a 7.5% increase overall,
primarily due to growth in commercial values. Overall residential values
increased 1.3%. Increased property values will result in an increase in property
tax revenues even though the property tax rate is not being increased. The 2006-
07 budget contains recommendations for the use of the added revenues, largely to
begin to address some of the issues that have been delayed during the downturn of
the past several years.
Maintaining a 49.45-cent tax rate will require the publication of a notice in the
newspaper notifying taxpayers of the proposed effective tax increase. Dallas
County is responsible for calculating and certifying the information on this notice,
which is expected to be finalized and published in the Dallas Morning News on
August 11 th. Under the State Property Tax Code, maintaining the 49.45-cent tax
rate requires that the City Council first pass a motion to propose a tax rate and set
two public hearing dates. Tonight's motion proposes to maintain the current tax
rate, but does not adopt any tax rate. The public hearings are proposed to take
place on August 21 and September 5, 2006 at 6:30 p.m. at City Hall during the
regular City Council meeting. City Council will adopt a tax rate at the regular
City Council meeting of September 18.
Volume 97, page 59
Staff recommends that the City Council adopt a motion proposing that the City
maintain a 49.45-cent property tax rate for 2006-07, set public hearings for
August 21 and September 5, 2006 at the City of Farmers Branch City Hall, and
schedule adoption of the tax rate on September 18, 2006 at 6:30 p.m.
Paul Heller, 13806 Wooded Creek Drive, stated the taxes he pays to the City are
spent very well and encourages the City to look into debt financing for larger
projects as they come up.
There being no further discussion, a motion by Councilman Smith, seconded by
Councilman Bird, all voting "aye," that the City maintain a 49.45-cent property
tax rate, schedule public hearings for August 21 and September 5, 2006, and
schedule adoption of the tax rate on September 18, 2006.
D.3 CONSIDER ADOPTING ORDINANCE NO. 2872 MAKING IT UNLAWFUL
FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 2,000 FEET OF
PREMISES WHERE CHILDREN COMMONLY GATHER AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The protection of our
children is paramount to creating a safe environment in which to live, work, and
play in our community. The National Center for Missing and Exploited Children
reports that there are more than 400,000 registered sex offenders in the United
States, of which the State of Texas is home to over 46,000, or approximately 11
percent of the national total. The Police Department currently has 26 known sex
offenders registered in the City, 21 of whom victimized children under the age of
16.
Proposed Ordinance No. 2872, as amended by City Council, would make it
unlawful for persons required to register as sex offenders, whose victims were
under the age of 16 at the time of the offense, to live within 2,000 feet of places
where children commonly gather. These areas will include, but are not limited to,
a park, school, youth center, public swimming pool or childcare facility as defined
by Section 2 of the proposed ordinance.
Sexual offenders that have established permanent or temporary residence prior to
the passage of Ordinance No. 2782, as established by police department records,
shall have an affirmative defense to prosecution for violation of the Ordinance.
Acting Police Chief David Hale recommends adopting Ordinance No. 2872
making it unlawful for certain sex offenders to live within 2,000 feet (as amended
by City Council), of premises where children commonly gather.
City Attorney John Boyle stated the motion needed to include "and amending the
map accordingly."
Volume 97, page 60
Paul Heller, 13806 Wooded Creek Drive, asked what percent of the single-family
residents and apartments become prohibited, and of the 26 sex offenders
registered in the city, how many would fall under the grandfather clause within a
prohibited area.
Mayor Phelps explained that the original proposed staff provided a 1,000 foot
prohibited area. During Study Session Council asked for the prohibited area to be
extended to be 2,000, which excludes most residential areas of Farmers Branch.
City Manager Linda Groomer stated staff will update the map as instructed by
Council and bring it back to the August 21" Council Meeting.
Acting Police Chief David Hale stated that based on the preliminary numbers for
the 1,000 feet area, 76 percent of single-family residents would be within the
prohibited area, and that with the 2,000 foot restriction it will change
significantly.
Mayor Pro Tem Robinson asked about the sex offenders currently living in the
City that would not be impacted by the ordinance. Acting Police Chief Hale
stated with the 1,000-foot rule it included 13 of the current registered sex
offenders.
There being no further discussion, a motion by Mayor Pro Tern Robinson,
seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," adopted Ordinance
No. 2872 making it unlawful for certain sex offenders to live within 2,000 feet of
premises where children commonly gather, and amending the map accordingly.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO
RESIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN
COMMONLY GATHER; PROVIDING THAT A CULPABLE MENTAL
STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE;
PROVIDING FOR CERTAIN AFFIRMATIVE DEFENSES;
PROVIDING FOR SEVERABILITY; A PENALTY OF $500; AND AN
EFFECTIVE DATE.
DA CONSENT
D.5 CONSIDER ADOPTING RESOLUTION NO. 2006-079 AUTHORIZING THE
PURCHASE OF SEWER TELEVISING EQUIPMENT IN THE AMOUNT OF
$106,261 THROUGH HOUSTON GALVESTON AREA COUNCIL AND
TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Public Works
Department is responsible for the maintenance and operation of approximately
100 miles of sewer lines throughout the City. As part of normal operations, sewer
Volume 97, page 61
lines become clogged with various items such as oils and grease, tree roots, and
other materials. Lines also break or shift causing stoppages as well.
The ability to place a camera into a line allows crews to locate and evaluate the
cause of the stoppage quickly and make the appropriate repairs. Without the
camera, crews are forced to dig up the lines until the problem is located, causing
additional costs and resulting in residents being without service for longer periods
of time. The City's current camera is eleven years old; replacement is budgeted
for this fiscal year.
The Houston-Galveston Area Council of Governments, or HGAC, Purchasing
Cooperative received bids for the sewer televising equipment from
Envirosight/Green Equipment Company in the amount of $106,261 that satisfy
the City's specification for this equipment. The City has an interlocal agreement
with HGAC allowing the purchase of the sewer camera and its associated
equipment, cable reels, video cable, computer, DVD recorder, printer and tools.
This equipment will be installed into a cargo van that was purchased in June
2006.
Funds were budgeted and are available in the Utilities Division's fixed assets
account for the purchase of the sewer camera and associated equipment in the
amount of $106,261.
Staff recommends adopting Resolution No. 2006-079 authorizing the purchase of
the sewer televising equipment though the Houston Galveston Area Council
Purchasing Cooperative.
There being no discussion, a motion by Councilman Smith, seconded by
Councilman Bird, all voting "aye," adopted Resolution No. 2006-079 authorizing
the purchase of the sewer televising equipment.
D.6 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH
COMMITTEE, PARKS AND RECREATION BOARD AND THE SCHOOL-
COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE
ACTION.
A motion by Deputy Mayor Pro Tern O'Hare, seconded by Mayor Pro Tem
Robinson, all voting "aye," appointed Pat Thompson to Alternate Place 2 on the
Parks and Recreation Board.
A motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all
voting "aye," appointed Sherry Murray to the School-Community Relations
Committee.
D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
Volume 97, page 62
1
Councilman Smith reported that on Tuesday, August 1, 2006, National Night Out
was a tremendous success. Mayor Phelps and Councilman Smith thanked Angie
Mayo for an excellent job.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY
COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL
RECESSED AFTER THE REGULAR CITY COUNCIL MEETING AT 7:50 P.M. AND
THEN CONVENED INTO EXECUTIVE SESSION AT 8:00 P.M. MAYOR PHELPS
ANNOUNCED CITY COUNCIL CONCLUDED THE EXECUTIVE SESSION AT 8:57
P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING
LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND
ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE
DISCUSSED IN CLOSED SESSION.
E.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS
GOVERNMENT CODE SECTION 551.087.
Discuss economic development incentives for businesses with which the City is
conducting economic development negotiations.
Mayor Phelps stated that staff was present to discuss this item with City Council.
E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE
SECTION 551.072.
Discuss Farmers Branch Keenan Cemetery.
Mayor Phelps stated that staff was present to discuss this item with City Council.
E.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE
SECTION 551.074.
Discuss issues related to the City Manager's position.
Mayor Phelps stated that staff was present to discuss this item with City Council.
F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
Mayor Phelps stated that City Council was updated on the items in Executive
Session and no action was necessary.
Volume 97, page 63
F.2 ADJOURNMENT.
A motion by Councilman Smith, a second by Mayor Pro Tern Robinson, all
voting "aye," adjourned the City Council meeting of August , 2006 at 8:58 p.m.
t
i
Bob Phelps, Mayor Cindee Peters, City Secretary
1
Volume 97, page 64