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2005-09-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 19, 2005 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Ben Robinson Junie Smith Tim O'Hare Bill Moses The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Economic Division Finance Director Director of Public Works Director of Parks and Recreation Police Chief City Engineer Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters Norma Nichols Reed Charles Cox Mark Pavageaux Jeff Fuller Jimmy Fawcett Jerry Murawski Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of September 19, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Smith gave the invocation and led the pledge of allegiance. A.2 CONSIDER ACCEPTING A $2,500 DONATION FROM THE FARMERS BRANCH ROTARY CLUB FOR THE CITY'S YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Volume 95, page 109 The Farmers Branch Rotary Club would like to donate $2,500 to the City of Farmers Branch for its Youth Scholarship Program. The Rotary Club raised the funds through its annual golf tournament, which was held on April 25. In 1992 the City began the Youth Scholarship Program, which is designed to assist children by making it possible for them to participate in activities they would otherwise not be able to afford. Funding for the program is raised through donations and grants secured from individuals, businesses, and civic organizations. The Youth Scholarship Program helps young people secure the required supplies and equipment to participate in activities such as sports, band, and dance. Participants have benefited through the purchase of equipment such as athletic and dance shoes, baseball gloves, art supplies, band instruments, and Scout uniforms. It also supports children by helping with registration fees for athletic leagues. The Rotary Club has been a long-term supporter of the Youth Scholarship Program with numerous generous donations in the past. The Rotary Club is also involved in other civic projects and activities. Deputy Mayor Pro Tern Ben Robinson, President of the Farmers Branch Rotary Club, presented the donation to Mayor Phelps and the City Council that will be used for the Youth Scholarship Program. A motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye", accepted the $2,500 donation from the Rotary Club. A.3 RECOGNITION OF HONG SAE, DIRECTOR OF INFORMATION SERVICES, AND JOSE TORRES, PARK MAINTENANCE TECHNICIAN, FOR ATTAINING U.S. CITIZENSHIP. Mayor Phelps presented the following information. Jose Torres, Park Maintenance Technician, took his oath of citizenship in June. Jose has been with the City since April 2004. His daily work adds to the beauty of the City's landscapes and the fun found in the playgrounds. Mayor Phelps on behalf of the City Council presented a certificate to Jose recognizing him for attaining his U.S. citizenship. Hong Sae, Director of Information Services, took an oath to become a United States citizen on September 8, 2005. Sae has been employed by the City since April 22, 1996 and has established himself as a highly valued member of the City staff. His technical expertise is unparalleled and benefits the City every day. Mayor Phelps on behalf of the City Council presented a certificate to Sae recognizing him for attaining his U.S. citizenship. Mayor Phelps stated that Sae and Jose show their dedication to the City by exceeding expectations at every turn. Volume 95, page 110 A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the 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 Bird, seconded by Councilman O'Hare, all voting "aye," added agenda item D.1 to the Consent Agenda. I A motion by Mayor Pro Tem Bird, seconded by Councilman O'Hare all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 6, 2005. B.2 ADOPTED RESOLUTION NO. 2005-110 RENEWING A CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS FOR ANALYSIS OF POTABLE WATER AND WASTEWATER, INDUSTRIAL FACILITIES INSPECTIONS, AND WASTEWATER SAMPLING. B.3 ADOPTED RESOLUTION NO. 2005-106 AUTHORIZING CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH. B.4 ADOPTED RESOLUTION NO. 2005-109 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FERRELL MADDEN ASSOCIATES RELATIVE TO PREPARATION OF DEVELOPMENT CODES FOR FARMERS BRANCH WEST SIDE. C B.5 ADOPTED RESOLUTION NO. 2005-105 TO MAINTAIN THE CITY'S INVESTMENT POLICY. Volume 95, page 111 D.1 ADOPTED ORDINANCE NO. 2827 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2004-05 FISCAL YEAR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2004-05 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. C.1 CITIZEN PARTICIPATION. There was no citizen participation. D.1 CONSENT. D.2 CONSIDER ADOPTING ORDINANCE NO. 2828 AMENDING APPENDIX A - FEE SCHEDULE, CHAPTER 86 - UTILITIES AND APPENDIX A - FEE SCHEDULE, CHAPTER 50 - PARKS AND RECREATION OF THE FARMERS BRANCH CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2005-2006 proposed budget includes an increase of 13.50% in water and sewer rates. Water and sewer rates were last increased on October 1, 2004. Increased costs for purchased water, lower than planned consumption levels, and fund balance depletion below required levels have resulted in this increase proposal. The monthly utility bill of an average residential customer with 10,000 gallons water consumption, considering both the water and sewer rate change, will increase from $50.89 to $57.76 for a change of $6.87 per month. Even with this increase, Farmers Branch rates remain low compared to area cities and state averages. The 2005-2006 proposed budget also includes an increase in Youth Program registration fees. The proposed fees are reasonable when compared to the City's direct cost to provide these programs. Direct costs include program staff salaries and program supplies. There is a financial aid program available whereby fees are reduced if children are eligible for the lunch assistance program at their school or their family receives aid for dependent children. Youth Programs include the Summer Funshine Program, the After School Program, and the Holiday Craze Program. For the Summer Funshine Program the proposed rate increase is $10 per week for open registration and $5 per week for financial aid. For the After School Program the open registration is proposed to Volume 95, page 112 increase by $10 per month and the financial aid fees are proposed to increase by $5 per month. For the Holiday Craze Program the proposed fee increases are $2 per day for open registration and $1.50 per day for financial aid. Deputy Mayor Pro Tem Robinson stated his objection to the Ordinance. He stated the increase should be 3 percent and not 13%2 percent. He stated his objections as being 1) opposition to increasing the fund balance from $1.825 million to $2 million; 2) the transfer of $1,089,000 to the water and sewer capital improvement program for future projects; and 3) the rate of flow demand charges that were increased in 1998 and continue at present. Deputy Mayor Pro Tem Robinson further stated that the City should approach the City of Dallas for a reduction in the rate of flow, as the City has not met the demand in several years. Mr. Robinson asked if water rates could be raised at mid-year or just at annual budget adoption. The City Manager replied that a mid-year adjustment was possible. Mr. Robinson concluded by stating that he regretted that the recreation fee increases were included in the Ordinance, as he believed they were justified, but he was opposed to the increase in water and sewer rates. Mayor Phelps stated when the rate of flow increase was made it was done a million gallons at a time, because of a dry, hot summer with no rain. The City was not getting enough water to keep up with the demand at the time, to keep water tanks full creating a serious safety issue for the fire department to get enough water pressure to fight fires. Mayor Phelps stated the City could request a reduction from the City of Dallas, however the contract provides that the City must pay for the 19.4 gallons for five years after giving notice of the reduction. Mayor Phelps stated further if development on the west side takes off, the City would need the additional water. Ms. Groomer stated an increase set at 3% instead of 13.5% would require a significant reduction in expenditures in the department, and that the primary increases in the Water and Sewer Fund were due to increases from the City of Dallas and the Trinity River Authority. She stated these increases were appropriate for "pass through" to the residents; otherwise, they would have to be absorbed by the City, which had already reduced operations expenses with the elimination of two positions and other expenditure cuts. Ms. Groomer stated that the $2,000,000 working capital fund balance was established by Council policy and is not based on a percentage of the budget, as is the general fund balance. This amount represents an approximate 45-day operating reserve, which would be used quickly in case of an emergency. She stated that if Council wishes to look at the policy, staff would be open to doing so; however, she did not recommend a change in the fund balance policy. Ms. Groomer said that the City is exploring the legal aspects of asking the City of Dallas to reduce the rate of flow controller. Staff is in discussion with the Dallas Water Utilities Legal Department to see if there is a penalty provision if the City Volume 95, page 113 lowers the rate of flow and then has to subsequently increase it if necessary. She stated that many variables affect the rate of flood controller and that staff is also examining the possibility of hiring a third party to make a recommendation to Council. Deputy Mayor Pro Tem Robinson stated since the rate of flow setting has not been looked at since 1998, maybe it should be addressed. He thanked Ms. Groomer for addressing the issue and Mr. Cox for all the work he has done. He emphasized his desire to see something worked out with the City of Dallas. There being no further discussion a motion by a Mayor Pro Be Bird, seconded by Councilman Moses, adopted the following captioned Ordinance No. 2828 amending Appendix A - Fee Schedule, Chapter 86 - Utilities and Appendix A - Fee Schedule, Chapter 50 - Parks and Recreation, of the Farmers Branch Code of Ordinances. The motion passed by a four to one vote, with Councilmembers O'Hare, Bird, Smith, Moses voting "aye," and Councilmember Robinson voting no. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING UTILITY FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, CHAPTER 86 AND APPENDIX A - FEE SCHEDULE, CHAPTER 50. D.3 CONSIDER ADOPTING ORDINANCE NO. 2829 APPROVING THE 2005 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2829 approves the 2005 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,297,741,028 (three billion, two hundred ninety- seven million, seven hundred forty-one thousand, twenty-eight dollars). This amount includes new construction, but excludes properties still under protest. This represents a $44,114,951 increase (slightly more than 1.35%) in taxable value from the July 25, 2004 certified tax roll. Mayor Phelps stated the appraised value in the City of Farmers Branch has gone up this year by 1.35 percent but in the past three years it has gone down 17.9 percent. Mayor Phelps stated staff has done an excellent job of containing spending and keeping the City's tax rate low and City services high. Mayor Phelps expressed his appreciation to the staff, which was followed by a round of applause from the Council. Volume 95, page 114 There being no further discussion, a motion by Councilman O'Hare, seconded by Mayor Pro Tem Bird, all voting "aye," adopted the following captioned Ordinance No. 2829 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2005 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. DA CONSIDER ADOPTING ORDINANCE NO. 2830 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2005-06 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 29, 2005, the proposed 2005-06 fiscal year operating and capital budget was delivered to the City Council and a copy was delivered to the Farmers Branch Manske Library and placed on the City's website for citizen review. The proposed budget was discussed with City Council during a budget workshop held August 15, 2005 and citizen comments were requested at a public hearing held on September 6, 2005. Ordinance No. 2830 approves the operating and capital improvement program budget for the 2005-06 fiscal year. All applicable laws and City Charter provisions necessary for adoption of the budget have been followed. Deputy Mayor Pro Tem Robinson asked if Council would be voting on the operating and capital budget exclusive of the water and sewer budget. Mayor Phelps replied the water and sewer budget is part of the overall budget. There being no further discussion, a motion by Mayor Phelps seconded by Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance No. 2830 approving the 2005-06 fiscal year operating and capital budget. The motion passed by a four to one vote, with Councilmembers O'Hare, Bird, Smith, Moses voting "aye," and Councilmember Robinson voting "no." AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. Volume 95, page 115 D.5 CONSIDER ADOPTING ORDINANCE NO. 2831 TO LEVY THE TAX RATE FOR 2005-06 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2831 sets the tax rate for the 2005 tax year at $0.4945 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents the same tax rate in place as the 2004 tax year. The proposed tax rate is actually about 1 cent less than the 2005 effective tax rate, or the rate necessary to generate the same amount of revenue as in the 2004-05 fiscal year. The City of Farmers Branch has one of the lowest tax rates in Dallas County. The $0.4945 tax rate will be distributed as follows: $0.398452 per $100 of assessed value for general fund maintenance and operations distribution and $0.096048 per $100 of assessed value for debt service distribution. Mayor Phelps stated nine cents for debt service is unheard anywhere in this area. There being no further discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinance No. 2831 to levy the tax rate for the 2005-06 fiscal year at $0.4945 per $100 of assessed value. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO LEVY THE TAX RATE FOR THE 2005-2006 FISCAL YEAR. D.6 CONSIDER NOMINATING A CANDIDATE FOR ELECTION TO THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Property Tax Code provides for the election of a five-member Board of Directors to govern the Dallas Central Appraisal District (DCAD) and represent each of its five constituent governmental agencies. Three of these agencies, the City of Dallas, Dallas Independent School District (DISD), and Dallas County, are each allowed to appoint one member to the board. The remaining two agencies, comprised of suburban cities and towns other than Dallas, and suburban independent school districts served by DCAD, other than DISD, are each allowed to nominate one candidate to serve on the board. Entities wishing to nominate a candidate must do so by official resolution by October 15, 2005. A slate of all the nominees will be prepared by DCAD for each city to vote on by official resolution by December 15, 2005. The Chief Appraiser will declare winners by January 1, 2006. To be eligible to serve on the board, an individual must be a resident of DCAD and must have resided in the district for at least two years immediately preceding Volume 95, page 116 the date the individual takes office. Members of the board serve two-year terms beginning on January 1 of even numbered years with no term limitations. Mr. Bill Binford of Farmers Branch is currently serving on the DCAD Board of Directors. However, Mr. Binford has advised that he does not wish to be reappointed to serve on the DCAD Board of Directors. Mayor Phelps asked if Council would like to nominate a candidate to brought back to the October 3rd City Council meeting. D.7 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE COMMUNITY WATCH COMMITTEE AND THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. There were no nominations to the School-Community Relations Committee or the Community Watch Committee. A motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," reappointed Josephine Good, Roy Morales, David Martinez and Robert Davis to the Parks and Recreation Board. D.8 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Moses stated he would like the thank the Sister City Organization and Janie Scarbrough for their fantastic celebration that was held with the Sister Cities Bassetlaw, England, and Garbsen and Shonebeck, Germany. He stated the couple he hosted from Garbsen, Germany was a delight. Councilman Moses stated he would also like to thank the City staff who assisted in this program. Mayor Phelps stated the couple he hosted from Bassetlaw enjoyed their stay and the Texas hospitality. Mayor Phelps also thanked Ms. Scarbrough and also the 53 families that hosted the guests. Deputy Mayor Pro Tern Robinson stated the family he hosted asked that he express their appreciation to the Mayor, Council and the City for the grand time they had. Mayor Phelps stated all the staff, especially Traci Leach, did a super job. Councilman Moses also thanked Buford Watson for all his help in hosting the delegations Monday night at the Senior Center event. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Volume 95, page 117 A motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," approved travel for Mayor and Councilmembers to attend the Texas Municipal League Conference that will be held in Grapevine beginning October 26tH MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:04 P.M. AND THEN CONCLUDED AT 7:16 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 PERSONNEL MATTERS -TEXAS GOVERNMENT CODE SECTION 551.074. Discuss City Manager evaluation. Discuss compensation for the Municipal Court Judge and Alternate Municipal Court Judges as required by State Law and take appropriate action. Mayor Phelps explained that City Council evaluated the City Manager and reviewed the compensation of the Municipal Court Judges. E.2 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery. Discuss land sale, purchase, trade or lease of properties in the DART Station Area located in Farmers Branch, Texas. Discuss status of Economic Development Project. Mayor Phelps stated that staff was present to discuss these items with City Council. E.3 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps stated that staff was present to discuss these items with City Council. Volume 95, page 118 F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED rnT THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in executive session. A motion by Mayor Pro Tern Bird, a second by the entire Council, all voting "aye", increased the City Manager's salary by 5.5 percent [3% merit and 2.5% for the across the board included for all employees in the budget] and extended her contract by one year to September 30, 2009, effective October 1, 2005. The vote was followed by a standing ovation from Council. A motion by Councilwoman Smith, a second by Councilman O'Hare, all voting "aye," adopted Resolution No. 2005-114 increasing the Municipal Court Judges salary by 2.5 percent, effective October 1, 2005. A motion by Councilman Robinson, a second by Councilwoman Smith, all voting "aye," approved the lease of a city owned house on Dennis Lane to be leased with the first month's rent free and $400 a month thereafter for a term of six months. F.2 ADJOURNMENT. A motion by Councilman Robinson, a second by Councilwoman Smith, all voting "aye," adjourned the City Council meeting of September 19, 2005 at 8:22 p.m. Bob Phelps, May r Cindee Peters, City Secretary Volume 95, gage 119