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2011-09-06 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 6, 2011 Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Council members William P. Glancy David Koch Michelle Holmes Tim Scott Ben Robinson Harold Froehlich The following members of the Administration were present: City Manager Gary Greer Assistant City Manager Shanna Sims-Bradish Assistant City Manager Matt Benoit City Secretary Cindee Peters City Attorney Pete Smith Finance Director Charles Cox Director of Public Works Mark Pavageaux Fire Chief Steve Parker Police Chief Sid Fuller Director of Equipment Services Kevin Muenchow B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Robinson gave the invocation and Councilwoman Holmes led the Pledge of Allegiance. B.2 CONSIDER ACCEPTING A DONATION OF $1,021.50 FROM MORGAN STANLEY SMITH BARNEY FOR A PLAQUE FOR LIBERTY PLAZA AND TAKE APPROPRIATE ACTION. Shanna Sims-Bradish, Assistant City Manager, explained the City Manager's Office has received a donation of $1,021.50 to be used for the installation of a plaque at Liberty Volume 104, page 127 Plaza. In April 2010, the City began a program to install plaques along the walking path at Liberty Plaza to commemorate significant U.S. military events. Mr. Ben Fujihara, Senior Vice President and Dallas West Complex Manager, with Morgan Stanley Smith Barney presented the City Council with the donation. A motion by Mayor Pro Tern Koch, a second by Councilwoman Holmes, all voting "aye", accepted the donation. B.3 CONSIDER ACCEPTING FUNDS FROM VARIOUS DONORS IN THE AMOUNT OF $5,275 TO PURCHASE A NEW PIANO FOR THE SENIOR CENTER AND TAKE APPROPRIATE ACTION. Frances Glancy from the Farmers Branch Woman's Club, Mr. Rodney Bryan from Womack Machine Supply Company, Pete Smith of Nichols, Jackson, Dillard, Hager & Smith, and Matt Oliver from Capital One Bank were recognized for their contribution to purchase a new piano for the Senior Center. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye', accepted the donations for a new piano for the Senior Center. L B.4 PROCLAIM SEPTEMBER 17, 2011 TO BE FARMERS BRANCH, TEXAS' GYMNASTICS DAY. Mayor William P. Glancy, proclaimed and presented the proclamation to the Palaestra Gymnastics Center located at 4335 Beltwood in Farmers Branch. B.5 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem David Koch, a second by Councilwoman Holmes, all voting "aye", appointed Ernest Tiller to the Parks and Recreation Board. B.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief overview of items discussed in the Study Session. 1 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. Volume 104, page 128 Gary Greer, City Manager, gave the City Manager's report. C. CONSENT ITEMS. Mayor Glancy stated consent items are items that are to be considered and action taken 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 the consent items is established in order to speed up discussion for those items that need more time for discussion. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 16, 2011 AND THE SPECIAL MEETING HELD ON AUGUST 22, 2011. C.2 ADOPTED RESOLUTION NO. 2011-057 APPROVING A MASTER UTILITY ADJUSTMENT AGREEMENT RELATIVE TO THE RELOCATION OF CITY WATER AND SEWER LINES NECESSITATED BY THE LBJ MANAGED LANES PROJECT. C.3 ADOPTED RESOLUTION NO. 2011-058 APPROVING THE APPOINTMENT OF OFFICERS FOR THE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION. CA ADOPTED RESOLUTION NO. 2011-052 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CUSTODIAL SERVICES WITH BRITTON BUILDING MAINTENANCE, INC., IN THE AMOUNT OF $307,147.08. C.5 ADOPTED RESOLUTION NO. 2011-061 APPROVING ECONOMIC DEVELOPMENT INCENTIVES PURSUANT TO THE RESIDENTIAL DEMOLITION/REBUILD PROGRAM FOR THE RESIDENCE LOCATED AT 12633 EPPS FIELD. D.1 PUBLIC HEARING: 2011-2012 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Charles Cox, Director of Finance, explained a public hearing is being held to consider the 2011-12 operating and capital improvement program budget. The proposed budget was filed with the City Secretary on July 29, 2011 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. Mayor Glancy opened the public hearing on the proposed budget. Ms. Robin Bernier, stated she would like to see an additional code enforcement officer including in the budget. Volume 104, page 129 A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye closed the public hearing. There followed a lengthy discussion among the City Council on organizational funding, code enforcement personnel, projected revenues for next year, CIP projects, amount in the reserve funding, 2 cent rate decrease on taxes, green grabber service, and economic development. E.1 CONSIDER ADOPTING ORDINANCE NO. 3152 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2010-11 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 3152 amends the 2010-11 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adopted Ordinance No. 3152. E.2 CONSIDER ADOPTING RESOLUTION NO. 2011-059 TO ADOPT THE CITY'S INVESTMENT POLICY AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained the Texas Public Funds Investment Act and the City's Investment Policy require an annual review by the City Council of the investment strategies and policies of the City. The City's existing policy has provided excellent guidance to staff and has been used as a model policy for other government entities. Additionally, the Investment Policy has been recognized with a Certification of Excellence Award by the Municipal Treasurers' Association of the United States and Canada. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye", approved Resolution No. 2011-059. E.3 CONSIDER ADOPTING ORDINANCE NO. 3153 AMENDING THE FARMERS BRANCH CODE OF ORDINANCES RELATED TO CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II, SECTION 30-35 AND APPENDIX A - FEE SCHEDULE, AND CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II, SECTION 30-33, AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained the City of Farmers Branch provides emergency ambulance service through the Fire Department at an annual cost exceeding $2.5 million. During the budget workshop, City staff discussed increasing the City's emergency ambulance service transport rates as a measure to reduce the subsidy to the cost of providing ambulance service and to maximize Medicare, Medicaid and private insurance revenues while minimizing a patient's out-of-pocket expenses. Volume 104, page 130 A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye", adopted Ordinance No. 3153. EA CONSIDER ADOPTING RESOLUTION NO. 2011-060 AWARDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE AND RETIREE GROUP BENEFIT INSURANCE AND TAKE APPROPRIATE ACTION. Baby Raley, Human Resources Manager, explained the City has historically provided a competitive and innovative benefits package to employees, offering a selection which best suits employee individual and family needs. Providing these options has benefitted not only recruitment efforts, but also retention of employees, which addresses Core Value 6. Options include primary benefits consisting of basic life insurance, accidental death and dismemberment insurance, long-term disability insurance, and major medical (cost shared with employees) and health savings accounts (HSA). City administration solicited requests for proposals in order to seek less cost for City-paid insurance. Ms. Raley also detailed employee and City contributions towards these benefits. A motion by Councilman Robinson, a second by Councilman Scott, with Robinson, Scott, Holmes, Froehlich, voting "aye", and Mayor Pro Tern Koch voting "nay", approved Resolution No. 2011-060. The motion passed by a 4 to 1 vote. E.5 CONSIDER ADOPTING ORDINANCE NO. 3154 APPROVING THE 2011 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained the proposed Ordinance No. 3154 approves the 2011 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 $3,631,789,854 (three billion, six hundred thirty-one million, seven hundred eighty-nine thousand, eight hundred fifty-four dollars). This amount includes new construction, but excludes properties still under protest. This represents a $137,707,487 decrease (approximately a 3.65% decrease) in taxable value from the July 21, 2010 certified tax roll. A motion by Councilwoman Holmes, a second by Councilman Scott, all voting "aye", adopted Ordinance No. 3154. E.6 Consider adopting Ordinance No. 3155 approving the Operating and Capital Improvement Program Budget for the 2011-12 fiscal year and take appropriate action. Charles Cox, Director of Finance, explained on July 29, 2011, the proposed 2011-12 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 Volume 104, page 131 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 work session in August and citizen comments were requested at a public hearing held earlier this evening. A motion by Mayor Pro Tem Koch to increase employer cost and decrease employee cost on the employee insurance by $100,000. The motion died for lack of a second. A motion by Councilman Robinson, a second by Councilman Froehlich, with Robinson, Froehlich and Scott, voting "aye", and Koch and Holmes voting "nay" to reinstate City employee operated Green Grabber residential bulk trash service by adding $250,000 and $150,000 in fixed assets for a total of $400,000 in the solid waste collection division expenditures. The motion carried by a 3 to 2 vote. A motion by Councilman Robinson, a second by Scott, with Robinson, Scott, and Froehlich voting "aye", and Holmes and Koch voting "nay", to set aside $720,000 from the non-bond utility CIP fund to rebate to rate payers on water and sewer charges. The motion carried with a 3 to 2 vote. A motion by Councilwoman Holmes, a second by Councilman Koch, with Holmes, Scott, and Koch voting "aye", and Robinson and Froehlich voting "nay", to reduce Metrocrest Social Services increased funding request by $7500 and reinstate the funding for The Family Place in the amount of $7500. The motion carried by a 3 to 2 vote. A motion by Councilman Robinson, a second by Councilman Koch, with Robinson, Koch, Scott, Froehlich voting "aye", and Holmes voting "nay", to transfer $350,000 from the non-bond utility CIP fund to the general fund and reduce the service center project funding accordingly. The motion carried by a 4 to 1 vote. A motion by Councilman Robinson, a second by Councilman Froehlich, with Robinson, Scott, Froehlich voting "aye", and Holmes and Koch voting "nay", to approve Ordinance No. 3155 adopting the budget as amended. The motion carried by a 3 to 2 vote. E.7 CONSIDER ADOPTING ORDINANCE NO. 3156 TO LEVY THE TAX RATE FOR 2011-12 AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 3156 sets the tax rate for the 2011 tax year (2011-12 fiscal year) at $0.5295 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents no change from the previous tax year. The City of Farmers Branch continues to have one of the lowest tax rates in Dallas County. Each 1 cent of the tax rate results in approximately $360,000 in revenues to the City. Each 1 cent of the tax rate is equivalent to $11.45 per year on an average value home with a homestead exemption or $4.95 per year on an average value home with a homestead and over-65 exemption. A motion by Mayor Pro Tem. Koch, a second by Councilman Robinson, all voting "aye", adopted Ordinance No. 3156. Volume 104, page 132 E.8 RECEIVE UPDATE ON LIBRARY SERVICES Shanna Sims-Bradish, Assistant City Manager, gave a brief presentation and update on current activities and future plans at the Manske Library. MAYOR GLANCY ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AT THE BEGINNING AND AFTER THE 4:00 P.M. WORK SESSION. MAYOR GLANCY EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 4:03 P.M. AND THEN RECESSED AT 4:33 P.M. FOR THE STUDY SESSION AND THE 6:00 P.M. CITY COUNCIL MEETING. THE CITY COUNCIL RECONVENED INTO EXECUTIVE SESSION AT 9:22 P.M. AND CONCLUDED AT 10:51 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTER, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. F.1 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch, et.al., Case Nos. 06-12227; 07-04936 and 08-01277, 116th Judicial District Court, Dallas County, Texas Villas at Parkside Partners d/b/a Villas at Parkside, et.al. v. The City of Farmers Branch, Texas, Case No. 03-08-cv- 01551, U.S. Dist. Ct. (N.D. Texas) Fabela, et.al. v City of Farmers Branch, et.al., Civil Action No. 3:10-CV-1425-D in the U.S. Dist. Ct. for the Northern District of Texas (Dallas Division) Mayor Glancy explained the City Attorney was present to discuss this item with the City Council. F.2 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Consider Economic Development incentives for the retention of a manufacturing and distribution center. Mayor Glancy explained the Economic Development Director was present to discuss this item with the City Council. F.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss City Manager's Evaluation. Mayor Glancy explained the City Council met to evaluate the City Manager. Volume 104, page 133 G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Glancy called for necessary action on items discussed in Executive Session. A motion by Councilman Froehlich, a second by Councilwoman Holmes, all voting "aye", authorized the City Manager to negotiate and execute an economic development agreement with Manchester Industries, a part of Paperworks Industries, Inc. to provide one time grant equal to amount of 100% of the property taxes on the new business personal property added to 4750 Simonton, Farmers Branch, Texas, conditioned on the execution of a new 5 year lease with a 5 year option. A motion by Councilman Robinson, a second by Councilwoman Holmes, with Holmes, Robinson, Scott and Koch voting "aye", and Councilman Froehlich voting "nay", extended the City Manager's employment agreement by one year to March 19, 2016 and to pay the retainage fee of $12,500. The motion carried by a 4 to 1 vote. G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye", adjourned the September 6, 2011 City Council meeting at 10:52 p.m. 1__, Volume 104, page 134 Cindee Peters, City Secretary