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.
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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.
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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
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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
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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
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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.
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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
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