Loading...
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