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2007-04-16 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 16, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Ben Robinson Deputy Mayor Pro Tern Tim O'Hare Councilmembers Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney City Engineer Director of Economic Development Assistant to the City Manager Finance Director Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Communications Director of Equipment Services Recording Secretary Gary Greer Mary Jane Stevenson Greg Vick Cindee Peters John Boyle Jerry Murawski Norma Nichols Reed John Roach Charles Cox Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of April 16, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Reggie Mayo gave the invocation and Boy Scout Troop No. 713 posted the colors and led the Pledge of Allegiance. Volume 99, page 56 Mayor Phelps stated the Scouts were working on their Communications Merit Badge and asked them to introduce themselves to the audience. A.2 CONSIDER ACCEPTING A DONATION OF ANIMAL OXYGEN MASKS FOR THE FARMERS BRANCH FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Deputy Mayor Pro Tern Tim O'Hare stated he and City employee Melody Drake wish to donate two sets of animal oxygen masks to the Farmers Branch Fire Department. The donation will be used by the Fire Department to help resuscitate pets rescued during fire operations. The masks come in three sizes and are uniquely designed to fit dogs and cats of different shapes. The Fire Department has successfully resuscitated pets in the past using smaller sized human oxygen masks, but the donated masks will be more effective. Many fire departments across the nation have begun using the animal oxygen masks provided through similar donations. The masks were ordered from H.E.L.P. Animals, Inc. and the total value of this donation is $110. Ms. Drake was in attendance to present the animal oxygen masks to Fire Chief King. A motion by Councilman Smith, seconded by Councilman Moses, all voting "aye," accepted the donation of animal oxygen masks for the Farmers Branch Fire Department, with appropriate letter. A.3 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation wishes to make a donation of $1,000 to the Police Department on behalf of the local Farmers Branch Wal-Mart store located at 13307 Midway Road. This generous gift represents their appreciation to the Police Department for continued efforts to make Farmers Branch a safer place to live and work. The donation will be utilized by the Police Department to purchase an additional bicycle and related bike equipment for the bike patrol program. Bike patrol officers interact more easily with the public and have been well received by the community. A motion by Mayor Pro Tem Robinson, seconded by Councilman Bird, all voting "aye," accepted the $1,000 donation from Wal-Mart to be used to purchase a bicycle and related equipment. Volume 99, page 57 A.4 PRESENTATION BY DAVID MERRITT, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION, OF THE 2006 ANNUAL PLANNING AND ZONING REPORT. David Merritt, Chairman of the Planning and Zoning Commission, presented the 2006 Planning Division Annual Report to the City Council and gave a brief PowerPoint presentation. A.5 PRESENTATION OF SERVICE AWARD - DON MOORE OF THE EQUIPMENT SERVICES DEPARTMENT - RETIREMENT RECOGNITION. Mayor Phelps presented a 35-year employee service award to Don Moore of the Equipment Services Department and congratulated him on his upcoming retirement. Mayor Phelps announced that Heather Halsworth a government student at Collin County Community College was in attendance. 1 A.6 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, LIBRARY BOARD, COMMUNITY WATCH COMMITTEE, AND TAKE APPROPRIATE ACTION. There were no board applications presented. A motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all voting "aye," appointed Gary Worthington to Place 4 on the School-Community Relations Committee. A motion by Councilman Smith, seconded by Councilman Bird, all voting "aye," reappointed Susan Saiter, Ruth Ann Parish, Carolyn Rogers and Bruce Crozier to the Library Board. A.7 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. Volume 99, page 58 A motion by Mayor Pro Tern Robinson, seconded by Councilman Bird, all voting "aye," added Agenda Items D.2, DA and D.5 to the Consent Agenda. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 2, 2007. B.2 ADOPTED RESOLUTION NO. 2007-047 ABANDONING TWO FIRE LANE EASEMENTS ON THE PROPERTY AT 4055 VALLEY VIEW LANE KNOWN AS GRANITE TOWER AT THE CENTRE ADDITION. D.2 ADOPTED RESOLUTION NO. 2007-049 ESTABLISHING THE INTENT TO BE REIMBURSED FOR ELIGIBLE EXPENDITURES FROM THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT. DA ADOPTED RESOLUTION NO. 2007-051 DESIGNATING GRANT THORNTON LLP AS THE CITY'S INDEPENDENT AUDITOR AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER OF AGREEMENT FOR AUDIT SERVICES. D.5 ADOPTED RESOLUTION NO. 2007-050 REJECTING ALL BIDS FOR THE LOST VALLEY SANITARY SEWER PROTECTION PROJECT. C.1 PUBLIC COMMENTS. Tony Salerno, 2519 Danny Lane, reported on weekly certificates of occupancy of the businesses continuing to make Farmers Branch their home. John Wells, 13521 Heartside Place, commended the City for having police cars in his neighborhood. He stated the City's "Green Grabber" does a good job but he does not like the restriction of putting garbage in the front of the house. He also expressed concerns about the political signs littering the park and would like to see "City in a Park" painted on the Farmers Branch water tower on Marsh Lane. Paul Heller, 13806 Wooded Creek Drive, invited the Mayor, City Council and the audience to the candidate forum on April 24 at the Farmers Branch Manske Library beginning at 6:30 p.m. He stated the five candidates running for City Council would be in attendance. Tim Scott, 3008 Eric Lane, 3008 Eric Lane, informed Council regarding the outstanding achievement program "Destination Imagination" at Janie Start Elementary School in Farmers Branch. He stated the group of fifth graders won Volume 99, page 59 region and state level and are now on their way to compete at the global competition against 10 countries. He stated that Mary Immaculate School also had a team that went to regional and state competitions. Mr. Scott presented the Council with Janie Stark/Farmers Branch pins. He also stated Janie Stark is putting a fundraising plan together for the children to attend the global competition in Knoxville, Tennessee. Jose Galvez, 2661 Danny Lane, spoke in opposition of Ordinance No. 2903, which will be on the May 12th ballot. John Oechsner, 3509 Brookline Lane, spoke regarding economic development in downtown Farmers Branch, the Mustang Crossing area. Dave Blair, 3224 Gatwick, referred to a recent newspaper article in the Dallas Morning News that was misleading regarding statements which he gave the newspaper concerning conversations he had with several members of the Council. He also spoke in opposition to Ordinance No. 2903 and stated he hope defeat of the ordinance would reduce the cost of the lawsuits. David Koch, 3243 Brincrest, thanked Mr. Blair for the clarification on the Dallas Morning News article. He also reviewed the weekly certification of occupancy report and the increase of sales tax to the city. Elaine Luttrell, 13439 Glenside Drive, invited all candidates and citizens to three political forums to be held at City Hall on April 26, April 30 and May 1, 2007 at 6 p.m. She also asked the candidates if they would consider funding the forum. D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-048 RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007, PROVIDING AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the past year, staff and Council have held several public meetings to review and prioritize major capital improvement needs for the next few years. This resolution gives notice of the City's intent to issue short-term certificates of obligation, in an amount not to exceed $8 million, for four of the highest priority projects. These projects include street improvements for Webb Chapel from I-635 to Southern Pines, Midway Road from I-635 to Spring Valley, and Benchmark Drive. The fourth project is a new animal shelter. The City Council anticipates authorizing the sale of these bonds at the regularly scheduled Council meeting on September 17, 2007. Volume 99, page 60 City Administration recommends approving Resolution No. 2007-048 providing for notice to be given of the City's intent to issue Combination Tax and Revenue Certificates of Obligation, Series 2007. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-048 providing for notice to be given of intent to issue certificates of obligation. D.2 CONSENT. D.3 CONSIDER ADOPTING ORDINANCE NO. 2913 AMENDING THE CITY'S 2006-07 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Staff presented City Council with updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on April 2, 2007. Ordinance No. 2913 amends the 2006-07 fiscal year operating and CIP budget to reflect the changes presented during the Mid-Year Budget Review, including expenditure and revenue adjustments made within each operating fund. A copy of the proposed amended budget is available for public review at the Manske Library and on the City's Web site. City Administration recommends the adoption of Ordinance No. 2913 amending the 2006-07 fiscal year operating and capital improvements program budget. Berry Grubbs, 3521 Brookline, made note of the increasing cost of construction and that construction projects need to be designed by engineers. As such, he asked the Council to support legislation to fund summer programs to introduce middle school students to engineering and to encourage high school students to pursue careers and education in engineering. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2913 as presented amending the City's 2006-07 fiscal year operating budget, amending the capital improvement program budget and directing that City expenditures be made in accordance with the budget as amended. ORDINANCE NO. 2913 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2006-2007 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET Volume 99, page 61 AS AMENDED. D.4 CONSENT. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 2007-052 APPROVING AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH DALLAS COUNTY TO USE DALLAS COUNTY'S CONTRACTOR TO RESURFACE SELECTED STREETS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City annually budgets funds in the Capital Improvement Program, Non-bond Fund for the Street Resurfacing Program, which is an integral part of the City's efforts to maintain its streets. On April 5, 2006 the City entered into an interlocal agreement with Dallas County to utilize the County's forces and the County's contractor for rotomilling and resurfacing the streets that were approved by the City Council in the 2006 fiscal year. The interlocal agreement is in an amount not to exceed $759,751 based on the County's hourly rates for rotomilling and unit prices bid by the County's annual contractor. The contractor's price of asphalt in the interlocal agreement was estimated at $41.50 per ton. The actual bid price for asphalt received after execution of the interlocal agreement was $60 per ton. The increase is due to a combination of the high price of oil and a high demand for asphalt. In order to resurface all of the streets approved for resurfacing, the "not to exceed amount" of the interlocal agreement needs to be increased by $212,472.50. There is approximately $1,237,000 available in the annual Street Resurfacing Program to fund the increased cost. City Administration recommends adopting Resolution No. 2007-052 approving Amendment No. 1 to the Interlocal Agreement with the County of Dallas to use Dallas County's contractor to resurface selected streets in an amount not to exceed $972,223.50. Berry Grubbs, 3521 Brookline, commented on the increase of construction cost and would like to see the City decrease discretionary spending that is being applied to the lawsuits regarding illegal immigration. There being no further discussion a motion by Mayor Pro Tern Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," adopted Resolution No. 2007-052 approving Amendment No. 1 to the Interlocal Agreement with Dallas County. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. Volume 99, page 62 There were no Council travel reports, requests, committee or organization reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:39 P.M. AND CONCLUDED AT 5:51 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 PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al., v. Farmers Branch Villas at Parkside Partners, et.al., v. Farmers Branch Alfredo Vasquez, et.al., v. Farmers Branch Anderson v. City of Farmers Branch Mayor Phelps explained the City Attorney was present to update the City Council on this item. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on the items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Mayor Pro Tern Robinson, all voting "aye," adjourned the City Council meeting of April 16, 2007 at 7:50 p.m. ob Phelps, May Cindee Peters, City Secretary Volume 99, page 63