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2009-09-15 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 15, 2009 Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Tim O'Hare David Koch Tim Scott Harold Froehlich Ben Robinson Michelle Holmes The following members of the Administration were present: City Manager Assistant City Manager City Secretary City Attorney Finance Director Director of Parks and Rec. City Engineer Director of Community Services Director of Public Works Human Resources Director Library Director Director of Communications Police Chief Fire Chief Gary D. Greer Matt Benoit Cindee Peters Pete Smith Charles Cox Jeff Fuller Jerry Murawski Michael Spicer Mark Pavageaux Kathy Shields Danita Barber Tom Bryson Sid Fuller Kyle King B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Robinson gave the invocation and Councilman Froehlich led the pledge of allegiance. B.2 INTRODUCTION OF NEW ASSISTANT CITY MANAGER MATT BENOIT. City Manager Gary Greer introduced Assistant City Manager Matt Benoit. B.3 CONSIDER APPOINTMENT OF HUGH MCWHORTER AS A BOARD MEMBER EMERITUS OF THE SENIOR ADVISORY BOARD, PRESENTATION OF Volume 102, page 118 ~h i PROCLAMATION RECOGNIZING HIS SERVICE, AND TAKE APPROPRIATE ACTION. Mayor O'Hare explained the Senior Advisory Board voted unanimously at its September 10th meeting to recommend to City Council that Hugh McWhorter be appointed as a Board Member Emeritus under the guidelines of Ordinance No. 2668. Mayor O'Hare presented a proclamation to Hugh McWhorter. A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye", appointed Hugh McWhorter as a Board Member Emeritus of the Senior Advisory Board. B.4 PRESENTATION OF SERVICE AWARD - CYNTHIA SLATE - HUMAN RESOURCES DEPARTMENT - 10 YEARS. Mayor O'Hare presented Cindy Slate with a 10 year employee service award. B.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. There were no board applications presented. 1 B.6 REPORT ON STUDY SESSION ITEMS. Members of the City Council gave a brief explanation of items discussed in study session. B.7 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION 551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS, CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY. Mayor O'Hare announced that a press conference would be held on September 17, 2009 at the new Texas Hospital for Advanced Medicine with the world renowned conjoined twins from Egypt. He also encouraged people to take precaution if they have symptoms of the Swine Flu and to see a doctor. David Koch announced a blood drive would be held on September 18, 2009 next to the post office and encouraged citizens to donate blood. n C. CONSENT ITEMS Volume 102, page 119 Mayor O'Hare 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 Tem Koch, a second by Councilman Froehlich, all voting "aye", approved the consent agenda as amended with the removal of item C.7 and heard as item E.O. C.I APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 1, 2009. C.2 ADOPTED RESOLUTION NO. 2009-060 TO MAINTAIN THE CITY'S INVESTMENT POLICY. C.3 ADOPTED RESOLUTION NO. 2009-067 AWARDING EMPLOYEE AND RETIREE GROUP MEDICAL INSURANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT. CA ADOPTED ORDINANCE NO. 3055 OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 30 "EMERGENCY SERVICES," ARTICLE I "IN GENERAL," BY ADDING A NEW SECTION 30-1 "MOTOR VEHICLE ACCIDENT CLEAN UP FEE;" ESTABLISHING A FEE TO BE CHARGED FOR CITY RESOURCES EXPENDED IN CLEANING UP AFTER A MOTOR VEHICLE ACCIDENT, PROVIDING FOR A WAIVER FOR THE FEE IN CERTAIN CIRCUMSTANCES, AND PROVIDING FOR A REDUCTION OR REFUND IN CERTAIN CIRCUMSTANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C.5 ADOPTED RESOLUTION NO. 2009-065 AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT, AND ADMINISTER THE TEXAS COMPTROLLER'S 2010 TOBACCO COMPLIANCE GRANT IN THE AMOUNT OF $3,000. C.6 ADOPTED RESOLUTION NO. 2009-064 APPROVING A CONTRACT WITH THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL FOR PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE. C.8 ADOPTED HISTORICAL PARK MASTER PLAN UPDATE. D.1 PUBLIC HEARING: 2009-2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Volume 102, page 120 Charles Cox, Director of Finance, explained a public hearing is being held to consider the 2009-10 operating and capital improvement program budget. The proposed budget was filed with the City Secretary on July 31, 2009 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library, the Farmers Branch Police Department and on the City's website. A public work session of the City Council was held on September 1, 2009 to discuss the budget; the meeting was televised and has been regularly rebroadcast on the City's Cable Channel 16. The proposed budget anticipates increasing the current property tax rate of $0.4945 by $0.025 for a total of $0.5195 per $100 assessed value. The Dallas Central Appraisal District recently certified the City's taxable property values. Including new construction, these values reflect a 2.7% increase overall. The proposed 2009-10 operating and capital improvement program budget will raise more total property taxes than last year's budget by $1,793,952 or 9.36% and of this amount $180,153 is tax revenue to be raised from new property added to the tax roll this year. The procedure tonight will be as follows: The Mayor will open the public hearing. Comments will be heard from citizens. The hearing will be closed. City Council discussion will follow. Mayor O'Hare opened the public hearing on the proposed budget. No one spoke. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", closed the public hearing. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3049 FOR A SPECIFIC USE PERMIT-INTERIM USE (3 YEAR PERIOD) ALLOWING INDOOR COMMERCIAL AMUSEMENT LIMITED TO SMALL CONCERT EVENTS IN THE EXISTING BUILDING LOCATED AT 13300 BRANCH VIEW LANE AND WITHIN PLANNED DEVELOPMENT NO. 25 (PD-25) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Director of Planning, explained the subject property is a 2.3 acre lot located on the east side of Branch View Lane approximately 450 feet north of the Valley View Lane intersection. The existing building on the site is approximately 25,000 square feet in area and has been used as a music recording studio for the past 7 years. The applicant is requesting the opportunity to expand current operations to include recording concerts before a live audience. These live concerts would be held in the existing 5,000 square foot soundstage space inside the building. The applicant would be required to undertake some interior remodel work in order to comply with building code requirements for a public assembly use prior to any concerts taking place. Volume 102, page 121 Neighboring land uses include: light industrial to north and west; office to the south and two motels to the east. No residential development is located within 2,000 feet of the site. The Planning & Zoning Commission voted unanimously to recommend approval of the proposed Specific Use Permit-Interim Use and associated Site Plan for an Indoor Commercial Amusement at 13300 Branch View Lane with following conditions: Interim Use period shall not exceed three (3) years. A new masonry dumpster enclosure shall be in installed prior to the issuance of a Certificate of Occupancy for the soundstage area. Occupancy of the soundstage area shall not exceed 300 persons. Concerts will conclude by 12:00 am (Midnight) A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye", adopted the following captioned Ordinance No. 3049. ORDINANCE NO. 3049 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT-INTERIM USE WITH SPECIAL CONDITIONS FOR AN INDOOR COMMERCIAL AMUSEMENT FACILITY ON PROPERTY LOCATED IN PLANNED DEVELOPMENT NO. 25 (PD-25) ZONING DISTRICT, BEING AN APPROXIMATELY 2.26 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF BRANCH VIEW LANE APPROXIMATELY 450 FEET NORTH OF VALLEY VIEW LANE AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE E.0 CONSIDER ADOPTING RESOLUTION NO. 2009-066 APPROVING A PUBLIC TRAIL EASEMENT AND CONSTRUCTION AGREEMENT WITH COLINAS CROSSING CORPORATION AND APPROVING AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY RELATIVE TO A PUBLIC TRAIL ALONG THE ELM FORK OF THE TRINITY RIVER BETWEEN ROYAL LANE AND LUNA ROAD AND TAKE APPROPRIATE ACTION. [l Volume 102, page 122 Jerry Murawski, City Engineer, explained a public trail along the east side of the Elm Fork of the Trinity River between Royal Lane and Luna Road is identified in the City's West Side Plan and is included in the City's trail master plan presently being prepared. Two agreements have been negotiated that provide for the construction of a public trail along the east side of the Elm Fork of the Trinity River between Royal Lane and Luna Road with funding by Colinas Crossing Corporation, a PacTrust company and Dallas County. The City is not providing any of the funding. The public trails easement and construction agreement with Colinas Crossing, L.P. provides for the dedication of land to the public for the trail and funding for half of the design and construction of the trail. The City will administer the contract for the construction of the concrete trail and maintain the trail after it is completed. The property owner will install and maintain the irrigation system and the landscape within the trail easement. The interlocal agreement with Dallas County provides for the County to fund half of the construction of the trail. The total cost for the design and construction of the trail is estimated at $352,000. The design, which was paid for by Corporation, has been completed. After approval and execution of the two agreements by all parties, City staff will proceed to bid the trail project with the anticipation that construction will begin in December 2009 and be completed in March 2010. City Administration recommends adopting Resolution No. 2009-066 approving a public trail easement and construction agreement with Colinas Crossing Corporation and approving an interlocal agreement with Dallas County relative to the public trail along the Elm Fork of the Trinity River between Royal Lane and Luna Road. A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", approved Resolution No. 2009-066. E.1 CONSIDER ADOPTING ORDINANCE NO. 3044 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2008-09 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 3044 amends the 2008-09 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. Changes suggested during the September 1, 2009 budget workshop relating to transferring both $500,000 from the Non-Bond CIP fund and $700,000 from the Water & Sewer Fund to the General Fund, are included in this amendment. The year-end budget amendments, as presented, meet all the City's financial objectives and fund balance target levels. Volume 102, page 123 City Administration recommends the adoption of Ordinance No. 3044 amending the 2008-09 fiscal year operating and capital improvement budget. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 3044. ORDINANCE NO. 3044 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2008-09 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. E.2 CONSIDER ADOPTING ORDINANCE NO. 3045 APPROVING THE 2009 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained proposed Ordinance No. 3045 approves the 2009 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 $4,128,275,336 (four billion, one hundred twenty-eight million, two hundred seventy-five thousand, three hundred thirty-six dollars). This amount includes new construction, but excludes properties still under protest. This represents a $108,467,845 increase (approximately a 2.70% increase) in taxable value from the July 25, 2008 certified tax roll. A historical perspective of the City's total property (real and business personal) value follows. For the 2009-10 fiscal year, each one-cent on the tax rate equates to approximately $412,828 (assuming 100% collection and excluding values under protest). Total property values increased 2.70% (including an estimated minimum taxable value of property values still under protest changes this increase to 1.02%). Residential property decreased 0.3% (footnotes detail change excluding new construction), commercial real property increased 0.16%, and business personal property increased 10.56%. Fiscal Year Certified Total Value (excl. protests) % Change from Prior Year Residential Values % Change from Prior Year (Res. Only) 1996-97 $2,761,133,652 6.52% $486,984,614 2.2% (1) 1997-98 $3,054,061,709 10.61% $499,023,333 2.5% (2) 1998-99 $3,352,343,707 9.77% $513,658,997 2.9% (3) 1999-2000 $3,543,222,558 5.69% $541,181,526 5.4% (4) 2000-2001 $3,688,451,149 4.10% $582,221,052 7.6% (5) 2001-02 $3,911,100,976 6.04% $628,654,815 8.0% (6) 2002-03 $3,760,164,414 -3.86% $659,647,434 4.9% (7) 2003-04 $3,558,212,393 -5.37% $742,821,817 12.6% (8) 2004-05 $3,253,626,077 -8.56% $774,870,167 4.3% (9) 2005-06 $3,297,741,028 1.36% $814,819,029 5.2% (10) 2006-07 $3,505,655,470 6.30% $825,654,877 1.3% (11) 2007-08 $3,819,397,977 8.95% $856,718,458 3.8% (12) 2008-09 $4,019,807,491 5.25% $893,518,861 4.3% (13) 2009-10 $4,128,275,336 2.70% $890,876,012 -0.3% (14) Note: Certfified values are as of July of the corresponding year. Volume 102, page 124 (1) Excluding new 1996-97 14% ~2) Excluding new 1997-98 1.6% (3) Excluding new 1998-99 1.8% (4) Excluding new 1999-2000 4.9% (5) Excluding new 2000-01 74% (6) Excluding new 2001-02 7.5% m Excluding new 2002-03 4.8% (8) Excluding new 2003-04 12.1% (9) Excluding new 2004-05 3.8% (10) Excluding new 2005-06 4.6% Excluding new 2006-07 0.9% ('Z) Excluding new 2007-08 3.1% (13) Excluding new 2008-09 2.5% (14) Excluding new 2009-10 -1.2% City Administration recommends the adoption of Ordinance No. 3045 approving the tax roll certified by the Dallas Central Appraisal District. A motion by Mayor Pro Tem Koch, a second by Councilman Froehlich, all voting "aye", adopted the following captioned Ordinance No. 3045. ORDINANCE NO. 3045 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2009 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. E.3 CONSIDER ADOPTING ORDINANCE NO. 3053 INCREASING THE ANNUAL FEE FOR COLLECTION PERMITS BY AMENDING ORDINANCE NO. 2698 AND THE FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 66 - SOLID WASTE, ARTICLE I, SECTION 66-7(A); AND REMOVING CODE 1969, SECTION 14-16 AND THE FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 66 - SOLID WASTE, ARTICLE II, SECTION 66-37; AND, TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 2698, adopted September 23, 2002, provided for the implementation of a five percent franchise fee on the gross revenues derived from the collection of garbage from commercial and industrial premises within Farmers Branch. By Ordinance No. 3053, City Administration proposes amending the franchise fee to ten percent. This fee increase, which is comparable to many metroplex cities, will help to partially cover the cost of repairing damage to public streets, highways, and thoroughfares of the City caused by heavy garbage collection vehicles. Payment of the fee will continue to be quarterly. The anticipated $150,000 increase in General Fund revenue is included in the proposed FY '10 budget. The effective date of the ordinance will be October 1, 2009. By Code 1969, Section 14-16, the City established the supply and distribution of refuse sacks to residents. City administration recommends removing this section of the code in order to better manage this service through the budgetary process. Volume 102, page 125 City Administration recommends the adoption of Ordinance No. 3053. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 3053. ORDINANCE NO. 3053 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 66 - SOLID WASTE, ARTICLE I, SECTION 66-7(a); AND REMOVE CODE 1969, SECTION 14-16 AND THE FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 66 - SOLID WASTE, ARTICLE II, SECTION 66-37; AND, TAKE APPROPRIATE ACTION. E.3(b) CONSIDER ADOPTING ORDINANCE NO. 3052 PROVIDING FOR THE ISSUANCE AND SALE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2009, IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $10,000,000; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID CERTIFICATES; APPROVING THE OFFICIAL STATEMENT; APPROVING EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT AND PAYING AGENT AGREEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND, TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained on August 11, 2009, the City Council approved Resolution No. 2009-057 authorizing the publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Taxable Series 2009, in a principal amount not to exceed $10,000,000, for the purpose of paying contractual obligations to be incurred for acquiring and demolishing dangerous structures located within the City and paying for professional services of attorneys, financial advisors and other professionals in connection with the project and the issuance of the Certificates. This notice was published in the manner required by law on August 13th and August 20th, 2009, with a scheduled meeting date and time of September 15, 2009. All legal requirements necessary to issue these bonds have been met. The bonds will be sold on September 15, 2009 pending approval of this ordinance. City Administration recommends adopting Ordinance No. 3052 providing for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Taxable Series 2009, in an amount not to exceed $10,000,000. Mayor O'Hare read a lengthy statement explaining the reasons for the issuance of these Certificates of Obligation. The following people spoke in favor of issuing the Certificates of Obligation: Calla Davis - 2828 Selma Rick Johnson - 2930 Harlee Volume 102, page 126 Steve Morrison -14608 Cherry Hills Tim Hagan - 2976 Selma Larry Lenzen - 12461 Wood Manor Circle Sam Aceves -14106 Birchlawn Pat Edmiston -14215 Tanglewood Beverly Burrow - 3323 Brookhaven Club Drive Yvette Kaplinsky - 13650 Littlecrest Ed Bonneau - 2710 Farmers Branch Lane Becky Fisher - 13935 Stardust Tom Bohmier - 14506 Oakmont Jamie Jewell - 2771 Baymeadow Jim McIntosh - 2741 Leta Mae Virginia Hunt Royal -13303 Shahan Jim Barrett - 3411 Gatwick David Silver - 2879 Millwood Debbie King - 13562 Braemar The following people spoke in opposition of the Certificates of Obligation: Marty Giehrl - 3404 Bevann George Grimmer - 3040 Eric Michael Archer - 13206 George St. Matt Wenthold - 3033 Primrose Vernon Smith - 2715 Bay Meadows Cir. Rick Lyon - 3720 Wooded Creek Ruben Rendon -13240 Veronica (handed Council a petition with a list of names against this) Dan Gill - 3111 Rolling Knoll T. E. Jarnagin - Longmeade Mike Harrison - 3706 Ridgeoak Way Gordon Peterson - 3124 Pin Oak Ct. After a lengthy discussion, a motion by Councilman Scott, a second by Councilman Robinson, all voting "aye", adopted the following captioned Ordinance No. 3052 with the corrections suggested by the City Attorney on page 2. ORDINANCE NO. 3052 CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION TAXABLE SERIES 2009 EA CONSIDER ADOPTING ORDINANCE NO. 3046 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2009-10 FISCAL YEAR; RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE BUDGET; AND, TAKE APPROPRIATE ACTION. Volume 102, page 127 Charles Cox, Director of Finance, explained on July 31, 2009, the proposed 2009-10 fiscal year operating and capital budget was delivered to the City Council and copies were delivered to the Farmers Branch Manske Library and the Farmers Branch Police Department. A copy of the budget was also placed on the City's Website for review. The proposed budget was discussed with City Council during a budget workshop held September 1, 2009 and citizen comments were requested at a public hearing held earlier this evening. Public hearings concerning the proposed tax rate were held on August 25th and September 1 st and all applicable laws and City Charter provisions necessary for adoption of the budget have been followed. Ordinance No. 3046 approves the operating and capital improvement program budget for the 2009-10 fiscal year, which raises more total property taxes than last year's budget by $1,793,952 or 9.36%, and of this amount $180,153 is tax revenue to be raised from new property added to the tax roll this year. Approximately $933,000 of this increase is associated with additional debt service requirements on newly issued certificates of obligation. The proposed budget meets all financial objectives and fund balance targets of the City on a most realistic budget basis. A bill was passed during the 2007 legislative session affecting the budget and tax adoption process. Specifically, any budget to be enacted after September 1, 2007 must meet certain requirements. In particular, adoption of a budget that raises more property tax revenue than was generated the previous year requires two separate motions and votes: (a) motion and vote to adopt the budget; and (b) motion and vote to "ratify" the property tax revenue increase reflected in the budget. City Administration recommends the adoption of Ordinance No. 3046 approving the 2009-10 fiscal year budget and recommends ratifying the property tax revenue increase reflected in the budget. A motion was made by Councilman Robinson, a second by Councilman Scott, to approve Ordinance No. 3046. Mayor Pro Tem Koch explained he would like to see certain items delayed in the budget and returned to the general fund in the form of merit increases for the employees. Councilman Robinson stated he would amend his motion to include this suggestion. Councilman Scott stated he would remove his second. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, to approved the amended changes as suggested, with Robinson and Koch voting "aye", and Holmes, Froehlich and Scott voting "nay". The motion failed. A motion by Councilman Scott, a second by Councilman Froehlich to adopt the following captioned Ordinance No. 3046, with Holmes, Froehlich and Scott voting "aye", and Robinson and Koch voting "nay". The motion passed with a 3 to 2 vote. Volume 102, page 128 ORDINANCE NO. 3046 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; 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; AND PROVIDING AN EFFECTIVE DATE. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", ratified the tax revenue rate increase. E.5 CONSIDER ADOPTING ORDINANCE NO. 3048 TO LEVY THE TAX RATE FOR 2009-10 AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 3048 sets the tax rate for the 2009 tax year at $0.5195 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents a 2.5 cent increase from the previous tax year. This increase is entirely due to the debt service associated with newly issued certificates of obligation. The City of Farmers Branch has one of the lowest tax rates in Dallas County. The $0.5195 tax rate will be distributed as follows: $0.451567 per $100 of assessed value for general fund maintenance and operations distribution and $0.067933 per $100 of assessed value for debt service distribution. City Administration recommends the adoption of Ordinance No. 3048 to levy the tax rate for the 2009-10 fiscal year at $0.5195 per $100 of assessed value. Councilman Scott moved that the property tax rate be increased by the adoption of a tax rate of $0.5195, which is effectively a 9.3 percent increase in the tax rate, seconded by Councilman Froehlich, all voting "aye". A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", adopted the following captioned Ordinance No. 3048. ORDINANCE NO. 3048 AN ORDINANCE OF THE CITY OF FARMERS BRANCH LEVYING THE AD VALOREM TAXES FOR THE YEAR 2009 (Fiscal Year 2009- 2010) AT A RATE OF $0.5195 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF FARMERS Volume 102, page 129 BRANCH AS OF JANUARY 1, 2009; TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF FARMERS BRANCH; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. E.6 CONSIDER ADOPTING RESOLUTION NO. 2009-068 ACCEPTING THE FILING OF A PETITION TO CREATE A PUBLIC IMPROVEMENT DISTRICT; SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING NOTICE OF SAID HEARING; AND, TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained the City Administration has conducted several meetings with property owners concerning improvements to the neighborhood screening wall surrounding the Chapel View neighborhood along Valley View Lane and Webb Chapel Road. The existing screening walls are unsafe, unsightly and pose a danger to the public. Establishment of a public improvement district requires that property owners affected must initiate a petition calling for the declaration of a public improvement district and such petition must be signed by owners of more than 50 percent of the taxable real property value subject to assessment under the proposal. Once verified, notice of a public hearing must be given at least 15 days prior to the public hearing and must be published in a newspaper of general circulation and must be mailed to owners of the property within the proposed public improvement district. The affected property owners have initiated a petition that calls for the area to be declared a public improvement district. The petition has been verified and signed by property owners representing 58.49% of the property value to be assessed for the improvements. The estimated cost of the improvements is $184,388 and the City is proposing to pay $75,000 of this amount with the remaining balance paid for by property assessments. All 116 residential parcels delineated in "Exhibit A" will pay an annual assessment over five years without interest. Balances remaining after this time period will accrue an annual interest rate of 5%. The 17 property parcels abutting the screening wall (parcel numbers 2, 18, 46, 49, 53, 67, 81, and 107-116) will pay an assessment not to exceed $322. The remaining property parcels will pay an annual assessment not to exceed $166. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", adopted Resolution No. 2009-068 and calling for a public hearing for October 6, 2009. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 4:32 P.M. AND CONCLUDED AT 5:18 P.M. AND CONVENED FOR THE Volume 102, page 130 GENERAL SESSION. 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. F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline, I-635 and Denton Drive. Mayor O'Hare stated staff was present to discuss this item with the Council. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare explained no action was necessary that Council was updated on this item. G.2 ADJOURNMENT. A motion by Mayor Pro Tem. Koch, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of September 15, 2009 at 8:20 p.m. Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 102, page 131