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2006-10-16 CC Minutes City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 16, 2006 6:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern 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 Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Attorney Matthew Boyle City Secretary Cindee Peters Finance Director Charles Cox Director of Economic Development Norma Nichols City Engineer Jerry Murawski Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Library Director Danita Barber Deputy Police Chief David Hale Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of October 16, 2006 to order at 6:32 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps presented the invocation and the pledge of allegiance. Volume 98, page 7 A.2 RECOGNITION OF KEVIN HICKEY OF EQUIPMENT SERVICES FOR THE CCG FASTER SYSTEMS HERO AWARD. Mayor Phelps presented Equipment Services Foreman/Technician Kevin Hickey with the Faster Hero Award, which he received during the Faster Fleet professionals annual meeting in Norfolk, Virginia on October 3. A.3 PRESENTATION OF SERVICE AWARD - MIKE CAMPBELL OF THE FIRE DEPARTMENT - 5 YEARS. Mayor Phelps presented a 5-year employee service award to Mike Campbell of the Farmers Branch Fire Department. A.4 PRESENTATION OF SERVICE AWARD - AUDIE POPE OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Audie Pope of the Farmers Branch Fire Department. A.5 PRESENTATION OF SERVICE AWARD - RONNIE INMAN OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Ronnie Inman of the Farmers Branch Fire Department. A.6 PRESENTATION OF SERVICE AWARD - NORMAN REYNOLDS OF THE HUMAN RESOURCES DEPARTMENT - RETIREMENT RECOGNITION. Mayor Phelps presented a 30-year employee service award to Norman Reynolds of the Human Resources Department, and congratulated him on his upcoming retirement. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.8 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. City Engineer Jerry Murawski gave a presentation on proposed infrastructure projects on the west side, including those within the Tax Increment Financing District No. 1, the development plan for the west side, and the pending new public improvement district to finance future capital improvements. Volume 98, page 8 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 Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," adopted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 2, 2006. B.2 ADOPTED RESOLUTION NO. 2006-111 ACCEPTING FOUR MONUMENT SIGN EASEMENTS FROM THREE WEST SIDE PROPERTY OWNERS FOR THE INSTALLATION OF FOUR MERCER CROSSING DEVELOPMENT SIGNS. B.3 ADOPTED RESOLUTION NO. 2006-100 APPROVING THE MERCER CROSSING LANDSCAPE MAINTENANCE AGREEMENT FOR IMPROVEMENTS ON THE CITY'S WEST SIDE. B.4 ADOPTED RESOLUTION NO. 2006-107 APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO.4 WITH AMERICAN REALTY TRUST, INC. AND INCOME OPPORTUNITY REALTY INVESTORS, INC. FOR SUMP AND LAKE IMPROVEMENTS NORTH OF IH-635. B.5 ADOPTED RESOLUTION NO. 2006-108 APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 WITH AMERICAN REALTY TRUST, INC., INCOME OPPORTUNITY REALTY INVESTORS, INC., AND TRANSCONTINENTAL REALTY INVESTORS, INC. FOR CONSTRUCTION OF MERCER PARKWAY FROM 300 FEET EAST OF LUNA ROAD TO I1-1-35, KNIGHTSBRIDGE ROAD, BOND STREET, AND THE EAST LIFT STATION. B.6 ADOPTED RESOLUTION NO. 2006-109 APPROVING DEVELOPMENT AGREEMENT NO. 9 WITH TRANSCONTINENTAL REALTY INVESTORS, INC. FOR CONSTRUCTION OF A LAKE SOUTH OF IH-635. B.7 ADOPTED RESOLUTION NO. 2006-106 AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF Volume 98, page 9 UNDERSTANDING AGREEMENT WITH DALLAS COUNTY AND OTHER PARTICIPATING CITIES FOR BIOTERRORISM OR HEALTH EMERGENCY ASSISTANCE. B.8 ADOPTED RESOLUTION NO. 2006-113 AMENDING THE CITY'S COMPREHENSIVE POLICY STATEMENT ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS INCENTIVES PURSUANT TO CHAPTER 380, TEXAS LOCAL GOVERNMENT CODE. B.9 CONTINUED ORDINANCE NO. 2880 APPROVING THE REQUEST FROM METROPCS FOR A SPECIFIC USE PERMIT TO COLLOCATE A SIX-PANEL CELLULAR ANTENNA SYSTEM ON THE FARMERS BRANCH WATER TOWER LOCATED ON APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE DISTRICT- 2 ZONING DISTRICT. C.1 PUBLIC COMMENTS. Judi Hacker, 2972 Maydelle, spoke in support of a new Animal Shelter in Farmers Branch. Larry Lenzen, 12461 Wood Manor Circle, spoke in support of the economic revitalization and redevelopment in Farmers Branch, and stated he would like to see people stop in Farmers Branch for a reason not just pass through. He also spoke supporting proposals regarding illegal immigation. Jamie Jewell, 2771 Bay Meadow Circle, stated she supports the Council for their hard work. She delivered envelopes to the Mayor, Council and City Manager with a questionnaire. Ms. Jewell stated she would like to read the Council's answer to these questions at the next Council meeting as a public service. Sue Bucy, 2726 Golfing Green Drive, spoke supporting the Farmers Branch Fire Deparment for their immediate response. Ms. Bucy also spoke supporting proposals regarding illegal immigration and has concerns regarding parking in front driveways and streets. Robin Bernier, 13830 Heartside Place, spoke supporting proposals regarding illegal immigration. Tom Bohmier, 14506 Oakmont, spoke supporting a new animal shelter, proposals regarding illegal immigration, and revitalization and redevelopment. Joe Reynolds, 12117 Brisbane Ave, spoke supporting proposals regarding illegal immigration. Volume 98, page 10 D.1 CONSIDER ADOPTING ORDINANCE NO. 2888 AUTHORIZING THE DEFEASANCE OF AND CALLING FOR REDEMPTION OF CERTAIN OF THE OUTSTANDING CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004A; APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT; AND, ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the budget workshop on August 21St, staff presented a plan to provide for an early pay-off of Combination Tax and Revenue Certificates of Obligation, Series 2004A debt using Hotel/Motel Fund balances. This tax-exempt debt is scheduled to finally mature in the year 2028 and was used to finance the conference portion of the Dr Pepper StarCenter. As of October Ist, the remaining principal balance totals $945,000. The first date that the certificates can legally be called for payoff is November 1, 2009. Defeasing the certificates provides an opportunity for the City to deposit principal and interest payments with an escrow agent who will then make principal and interest payments until 2009 and then fully payoff the principal balance at that time, thus providing for an interest savings. Once the certificates have been defeased, the debt is removed from the City's balance sheet. Bond counsel will provide a completed bond ordinance with final defeasance pricing prior to the City Council meeting tonight. Finance Director Charles Cox recommended to the Council that the combination tax and revenue Certificates of Obligation, Series 2004A bonds be effectively paid off twenty years early, saving the City approximately $520,000 in interest. Mr. Cox mentioned that the Certificates paid for the conference center portion of the Dr Pepper StarCenter and that lower than anticipated construction costs and improved hotel occupancy tax revenues provided an opportunity to fund this early payoff. Mr. Cox stated that Marti Liljekvist from First Southwest and Julie Partain from Vinson & Elkins, LLP the City's financial advisory firm and bond counsel are present to answer any questions the Council may have. There being no further discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2888 authorizing the defeasance of City of Farmers Branch, Texas Certificates of Obligation, Series 2004A. A ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AUTHORIZING THE DEFEASANCE OF AND CALLING FOR REDEMPTION OF CERTAIN OF THE OUTSTANDING CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004A; APPROVING Volume 98, page ll THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT D.2 CONSIDER ADOPTING RESOLUTION NO. 2006-114 AUTHORIZING THE CITY MANAGER TO PURCHASE A REPLACEMENT 28-PASSENGER BUS FROM LASSETER BUS & MOBILITY FOR THE SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 fixed assets budget includes $86,000.00 for the purchase of one replacement, 28-passenger activity bus for the Senior Center. Staff met with the Senior Center Advisory Board to discuss and prioritize vehicle needs. Staff prepared vehicle specifications including Senior Advisory Board input and sent bid requests to 18 vendors. Bids were opened on October 3, 2006. Bids were received from two vendors, each bidding on a 2006 model chassis and a 2007 model chassis. Two bids meeting specifications were received from local vendor, Lasseter Bus & Mobility. The bids were for a 2006 model International chassis with E1Dorado National body with select options for $105,483 and a 2007 model International chassis with the same body and options for $111,378. Both bids exceeded the amount budgeted for this replacement vehicle. Additional funds needed for this purchase are available in the 2006-2007 fixed asset equipment replacement fund balance. Mayor Phelps stated the difference in price for a 2006 model International chassis and the 2007 model International chassis is due to emission standards. There being no further discussion, a motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted Resolution No. 2006- 114 awarding the bid for one 2006 model International chassis with E1Dorado National Body, 28-passenger activity bus to Lasseter Bus & Mobility in the total amount of $105,483; in the event that a 2006 model International chassis is no longer available at time of order placement, the bid is awarded to purchase a 2007 model International chassis for an amount not to exceed $111,378. D.3 CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, METROCREST HOSPITAL AUTHORITY, VALWOOD IMPROVEMENT AUTHORITY, AND THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," reappointed RL Lemke to the Valwood Improvement Authority. Volume 98, page 12 A motion by Mayor Pro Tem Robinson, seconded Councilman Bird, all voting "aye," appointed Matt Burton and Monica Low to the Community Watch Committee. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. A motion by Councilman Smith, seconded by Mayor Pro Tem Robinson, all voting "aye," approved travel for the City's Municipal Court Judges to attend Certification classes in Richardson, Texas. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:03 P.M. AND RECESSED AT 6:20 P.M. FOR THE REGULAR CITY COUNCIL MEETING AT 6:30 P.M., RECONVENED AFTER THE REGULAR CITY COUNCIL MEETING AT 7:57 P.M. AND CONCLUDED AT 8:55 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 ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps explained that staff was present to discuss this item with the City Council. Discuss sale, lease, or trade of property at the northwest corner of Keenan Bridge Road and Davis Lane. Mayor Phelps explained that staff was present to discuss this item with the City Council. Discuss economic development incentives for properties within the redevelopment areas. Mayor Phelps explained that staff was present to discuss this item with the City Council. Volume 98, page 13 E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Keenan Cemetery acquisition. Mayor Phelps explained that the City Attorney was present to discuss this item with the City Council. Discuss land sale, purchase, trade or lease of properties at 500 Huffines Road. Mayor Phelps explained that staff was present to discuss this item with the City Council. Discuss land sale, purchase, trade or lease of property at Camelot Landfill. Mayor Phelps explained that staff was present to discuss this item with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss potential settlement with Wellmark. Mayor Phelps explained that staff was present to discuss this item with the City Council. EA DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss city manager evaluation. Mayor Phelps stated the City Council discussed the city manager's evaluation. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in executive session. A motion by Mayor Pro Tem Robinson, a second by Councilman Smith, all voting "aye," adopted Resolution No. 2006-112 authorizing the city manager to enter into a 20 year lease with Club Soccer, Inc. to develop, operate and maintain a soccer facility on City property. Volume 98, page 14 F.2 ADJOURNMENT. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adjourned the City Council meeting of October 16, 2006 at 8: m. r,7~ X411-4t. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 98, page 15