Loading...
2005-10-17 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 17, 2005 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern 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 Finance Director Director of Public Works Director of Parks and Recreation Police Chief Fire Chief Director of Community Services City Engineer Director of Communications Director of Equipment Services Library Director Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters Norma Nichols Reed Charles Cox Mark Pavageaux Jeff Fuller Jimmy Fawcett Kyle King Michael Spicer Jerry Murawski Tom Bryson Don Moore Danita Barber Suzanne Reynolds Mayor Phelps called the City Council meeting of October 17, 2005 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps gave the invocation and led the pledge of allegiance. Volume 96, page 1 Announcements Councilman O'Hare announced that the City has a survey on the website called "Grab a Bite in the Branch." He encouraged all residents to fill out the survey on the Internet or when they get the survey in their water bill. Mayor Phelps announced that Councilman Moses' mother is in the hospital and asked for him and his family to be remembered. A.2 PRESENTATION OF FARMERS BRANCH SPORTS HALL OF FAME AWARD. Mayor Phelps presented the following information. At the recommendation of the Farmers Branch Sports Council and the Parks and Recreation Board, the Farmers Branch Sports Hall of Fame Award was created in 1998. Sports Hall of Fame honorees are individuals involved in the City's athletic leagues who have served unselfishly by volunteering their time and efforts to assist local youth. Nancy Watten, Treasurer of the Girls' Softball League, was nominated to the Farmers Branch Sports Hall of Fame for 2005 by the Carrollton-Farmers Branch Girls' Softball League, and the Farmers Branch Parks and Recreation Board approved her nomination. Nancy has been heavily involved with the Carrollton- Farmers Branch Girls' Softball League where she has served on the Board of Directors for 37 years and as the secretary/treasurer while also managing the concession stand. She was also honored as Farmers Branch Woman of the Year in 1997. Nancy has dedicated countless hours to the entire community through the softball league as well as Janie Stark Elementary School where she taught for 32 years. A positive role model, she is a strong youth advocate and a firm believer in the benefits of sports participation for young people. Farmers Branch is indeed fortunate to have Nancy Watten in our community working with and for our children. Mayor Phelps presented a plaque to Ms. Watten, Treasurer of the Girls' Softball League, to be named to the Hall of Fame for 2005 by the Carrollton Farmers Branch Girls Softball League. A.3 RECOGNITION OF 2005 TEXAS AMERICAN PLANNING ASSOCIATION'S COMMISSIONER OF THE YEAR AWARD TO NANCY HARDIE. Mayor Phelps presented the following information. On October 7, 2005, the Texas Chapter of the American Planning Association recognized Planning and Zoning Commissioner Nancy Hardie with the 2005 Commissioner of the Year Award. Volume 96, page 2 During 1997, Nancy was appointed to the Planning and Zoning Commission after serving on the City Council because of her knowledge and understanding of the goals for the community, as well as for her leadership and professionalism. Nancy's extensive experiences at the local, national and international levels have assisted her in evaluating issues facing the community and in making decisions and recommendations affecting the community. Nancy not only contributes to the community she has called home for the past 33 years by serving on the Planning and Zoning Commission, but also by participating in the Farmers Branch Chamber of Commerce, Sister Cities International Farmers Branch program, the Civic League and many other organizations. Mayor Phelps presented a plaque from the Texas Chapter of the American Planning Association recognizing Planning and Zoning Commissioner Nancy Hardie with the 2005 Commissioner of the Year Award. A.4 RECOGNITION OF AWARDS FROM THE AMERICAN PLANNING ASSOCIATION - TEXAS CHAPTER. Mayor Phelps presented the following information. On October 7, 2005, the Texas Chapter of the American Planning Association recognized Farmers Branch's planning efforts with multiple planning awards at its annual conference in Fort Worth. The awards presented to the City were: • the Current Planning Award for the Station Area Form-based Code • the Project Planning Award for e-planning efforts • the Student Planning Award for the assessment of the Farmers Branch zoning ordinance • the Planning Excellence Award • the 2005 Texas Community of the Year Award Previously, Cameron Walker, Awards Committee Chairman, commented that he did not recall any one city receiving so many awards. He also mentioned that Farmers Branch "blew out the competition" in the Current Planning category with the Station Area Form-based Code. Mayor Phelps presented Senior Planner Tina Firgens, Associate Planner Becky Baggett, Planning Analyst Jim Sellards and Director of Planning Kaizer Rangwala with awards from the Texas Chapter of the American Planning Association. A.5 PRESENTATION OF SERVICE AWARD - AVA HARRIS OF THE PARKS AND RECREATION DEPARTMENT - 5 YEARS. Volume 96, page 3 Mayor Phelps presented a five-year employee service award to Ava Harris of the Parks and Recreation Department. A.6 PRESENTATION OF SERVICE AWARD - LIZ MULLIS OF THE TOURISM DEPARTMENT - 5 YEARS. Mayor Phelps presented a five-year employee service award to Liz Mullis of the Tourism Department. A.7 PRESENTATION OF SERVICE AWARD - JOHN CAMPBELL OF THE COMMUNICATIONS DEPARTMENT - 10 YEARS. Mayor Phelps presented a 10-year employee service award to John Campbell of the Communications Department. A.8 PRESENTATION OF SERVICE AWARD - DUANE BISHOP OF THE COMMUNICATIONS DEPARTMENT - 20 YEARS. Mayor Phelps presented a 20-year employee service award to Duane Bishop of the Communications Department. A.9 PRESENTATION OF PLAQUE TO THE CITY OF FARMERS BRANCH FROM NATIONAL LEAGUE OF CITIES FOR 25 YEARS OF MEMBERSHIP. Mayor Phelps presented City Manager Linda Groomer with a plaque from National League of Cities for 25 years of membership. A.10 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.11 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 96, page 4 A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," accepted the Consent Agenda as submitted. B.I APPROVED OF MINUTES OF CITY COUNCIL MEETING OF OCTOBER 3, 2005. C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2005-120 APPROVING THE BROOMFIELD ADDITION REPLAT AND ABANDONING A 24-FOOT FIRE LANE, UTILITY AND DRAINAGE EASEMENT AND A 27-FOOT ACCESS EASEMENT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Broomfield Addition is a 1.533-acre tract located at 4901 LBJ Freeway, which is between the LBJ Freeway westbound access road and Galleria Circle. A four-story office building is presently located on the north portion of the tract. A 2,000 square-foot, one-story restaurant building with a drive-through window is proposed for the southern portion of the tract. The proposed restaurant is a coffee shop selling coffee beverages, soft drinks, smoothies, ice cream, assorted baked goods, coffee beans, and related coffee merchandise. To create the site for the new restaurant, two actions are required. The property needs to be replatted. The replat dedicates a new 24-foot fire lane, access, utility, drainage, and storm sewer easements, and abandons an existing 24- foot fire lane and access easement and a drainage easement dedicated by previous plat in 1996. Two existing easements need to be abandoned by resolution because the easements were previously dedicated by separate instrument and not by plat. One easement is a 20-foot fire lane, utility, and drainage easement dedicated in 1985. The second easement is a 27-foot access easement dedicated in 1979. Texas Local Government code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. Written notifications are not required. Broomfield Addition plat conforms to the site plan approved by the City Council September 6, 2005. The plat is consistent with the Texas Local Government code and with City requirements for a replat. The Planning and Zoning Commission recommends approving the proposed Broomfield Addition replat. The City Engineer recommends abandoning the Volume 96, page 5 existing 24-foot fire lane, utility and drainage easement and the existing 27-foot access easement. Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman Moses, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Moses, seconded Councilwoman Smith, all voting "aye," approved Broomfield Addition and Resolution No. 2005-120 approving the replat of Broomfield Addition and abandoning a 24-foot fire lane, utility and drainage easement and a 27-foot access easement. D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-115 AUTHORIZING THE PURCHASE OF A 2006 AMBULANCE ON THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Fire Department's 1996 ambulance is scheduled for replacement in this budget year. The Ford/Wheeled Coach ambulance has increasingly high mileage and has incurred increasing repair costs. Funds are available in the amount of $145,000 in the Fire Department 2005-06 fixed asset budget to replace this ambulance. The Houston-Galveston Area Council of Governments Purchasing Cooperative received bids for an ambulance manufactured by Frazer, Ltd. that satisfies the specifications of the Farmers Branch Fire Department. The Houston-Galveston Area Council of Governments purchasing program complies with State purchasing laws, and the City has an interlocal agreement with HGAC through which to purchase the ambulance. The local North Central Texas Council of Governments does not have a cooperative purchasing program. Since 1993, the Fire Department has satisfactorily purchased five fire engines and three ambulances utilizing HGAC contracts. According to HGAC purchasing guidelines, the purchase will be made through Freeway Ford in Houston, Texas in the amount of $130,625. This price includes the HGAC administrative fee of $1,000. The new ambulance will be a Type I style, which is the preferred style of ambulance that the Fire Department has purchased for many years. The Type I configuration allows maximum access to the patient and provides preferred storage for advanced life support equipment. The ambulance will be assigned to Fire Station No.1 and is expected to be delivered in January 2006. Volume 96, page 6 Following the purchase, approximately $11,000 will be used to acquire required accessory equipment and provide the necessary installation of communications equipment. The installation includes radios, mobile data computer, cell phone, and printer to support the Zoll patient data tablets. The expected total cost for the new ambulance is $141,625. Deputy Mayor Pro Tern Robinson asked what would happen with the old ambulance. Fire Chief King replied the old ambulance would either be sold at auction or may be used for other Fire Department purposes. Deputy Mayor Pro Tern Robinson asked if any equipment would be transferred to the new ambulance. Chief King replied that some of the equipment is being transferred and some would need to be purchased. Deputy Mayor Pro Tern Robinson asked what type vehicle the Fire Marshall uses. Chief King replied they are driving an expedition. There being no further discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," adopted Resolution No. 2005- 115 authorizing the purchase of a 2006 ambulance on the Houston Galveston Area Council of Governments Contract in the total amount of $130,625. D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-116 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE 1NTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 2002, Dallas County and the City of Farmers Branch entered into an annual Household Hazardous Waster Interlocal Agreement for the period of October 1, 2003 through September 30, 2004, with options to renew for four additional one-year terms. Dallas County has submitted Amendment No. 3 for extension of the annual Household Hazardous Waste Interlocal Agreement between Dallas County and the City of Farmers Branch for approval. The request is to renew the agreement for a fourth year from October 1, 2005 through September 30, 2006. The Dallas County Home Chemical Collection Center is located at 11234 Plano Road, Dallas, Texas. Hours of operation are: Tuesday 9:00 a.m. to 7:30 p.m., Wednesday and Thursday, 8:30 a.m. to 5:00 p.m., and the second and fourth Saturday of each month from 9:00 to 3:00 p.m. This collection center is a free service to residents of participating cities, including the City of Farmers Branch. Common items that can be disposed of at the collection center are: pesticides, herbicides, paint, pool chemicals, motor oil, anti-freeze, cleaners, glues and other hobby products, fluorescent light tubes, batteries, and tires. Prohibited items are scanners, dumb terminals, fax machines, analog phones, televisions and any other electronics or appliances. Other items added this year at no additional cost are Volume 96, page 7 computer and cell phone recycling. This service includes personal computers, laptops, monitors, printers, drives, circuit boards, cables and wiring, battery backup systems and cellular phones with batteries. The 2003-2004 cost to Farmers Branch was $8,765.20, and the estimated cost for 2004-05 is $7,818.06. Federal grant monies were available in 2004-05 for operation of the collection center, which resulted in reduced costs for member cities. Grant funds are not available for 2005-06, and, as a result, the cost to member cities will return to prior levels. Also, Dallas County added two new personnel positions to the 2005-06 budget for the household hazardous waste center. All personnel, programming, operations, and maintenance costs are shared by the cities of the HHW Network under this agreement. In addition, the cities have budgeted $20,000 in set-aside funds for capital expenses, as they are needed for equipment replacement such as anticipated replacement of aging vehicles and capital structural repairs. Total estimated cost to year-end is $7,900.52 with 31 participating households or an average cost per household of $254.86. For year 2002-2003, the cost was $5,564.77, with 58 participating households, or an average cost per household of $95.94. For year 2003-2004, the cost was $8,818.26, with 61 participating households, or an average cost per household of $144.56. It is estimated the cost for 2005-06 will be within the Public Works budget of $10,600 for participation in the household hazardous waste program. Cost will be based on the number of Farmers Branch households in proportion to the other participating cities' households as well as a monthly handling cost based on the number of Farmers Branch residents who use the Collection Center. Disposal costs, as well as collection event costs, will be billed to the City at the end of each billing period, according to the number of residents participating during that period. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2005-116 authorizing the City Manager to execute Amendment No. 3 to the Interlocal Agreement with Dallas County for participation in a household hazardous waste program. D.3 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND COMMUNITY WATCH COMMITTEE, AND TAKE APPROPRIATE ACTION. There were no nominations to the School-Community Relations Committee or the Community Watch Committee. Volume 96, page 8 DA CONSIDER RESOLUTION NO. 2005-118 APPROVING THE APPOINTMENT OF MILBURN GRAVLEY TO THE BOARD OF DIRECTORS OF THE METROCREST HOSPITAL AUTHORITY, AND APPROVAL OF RESOLUTION NO. 2005-127 APPROVING THE REAPPOINTMENT OF JAMES ROBBS TO THE BOARD OF DIRECTORS OF THE METROCREST HOSPITAL AUTHORITY, AND TAKE THE APPROPRIATE ACTION. There is a vacancy on the Metrocrest Hospital Authority Board of Directors with the resignation of Max Raulins. The Metrocrest Hospital Authority Board recommends that Milburn Graveey be appointed to fill that vacancy with a term ending December 1, 2006. In addition, the Metrocrest Hospital Authority Board recommends that James Robbs be reappointed to a term ending December 1, 2007. Appointments to the Metrocrest Hospital Authority Board are made by resolution of the City Council. A motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," approved Resolution No. 2005-118 appointing Milburn Gravely to a term ending December 1, 2006 on the Metrocrest Hospital Authority Board and approved Resolution No. 2005-127 reappointing James Robbs to a term ending December 1, 2007, on the Metrocrest Hospital Authority Board. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORT. Councilwoman Smith reported she attended the Planning and Zoning Commissions lecture series on October 10th featuring guest speaker Karl Zavitkovsky on "Financing Sustainable Development." On October 8th she stated she attended the Archeology Fair held at the Historical Park and the Arts and Craft Fair held at the Senior Center. Councilman Moses stated he attended the Senior Advisory Board meeting, and "Game Night" in March was discussed. He also reported on a letter he received from Sue Winscom, Sister City coordinator for Bassetlaw. Mayor Pro Tem Bird reported he served as Acting Mayor while Mayor Phelps was out of town Celebrating his 50th Anniversary with his wife Dee. Volume 96, page 9 Deputy Mayor Pro Tern Robinson stated while Mayor Phelps was out of town and Mayor Pro Tern Bird was busy with another function he welcomed the NAACP conference to Farmers Branch. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:34 P.M. AND THEN CONCLUDED AT 7:23 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 551.086. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps explained that staff was present to update the City Council on this item. 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 update the City Council on these items. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Christopher Bailey v. Farmers Branch- Cause No. 03-09177. Mayor Phelps stated that staff was present to update the City Council on this item. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Volume page 10 Mayor Phelps stated that staff updated City Council on items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Bird, a second by Deputy Mayor Pro Tem Robinson, all voting "aye," adjourned the City Council meeting of October 17, 2005 at 8:27 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 96, page 11