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2005-11-07 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 7, 2005 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Charlie Bird Deputy Mayor Pro Tem Ben Robinson Councilmembers Junie Smith Tim O'Hare The following member of the City Council was absent: Bill Moses The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick Assistant to the City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Director of Economic Development Norma Nichols Reed Finance Director Charles Cox Acting City Engineer Randy Walhood Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Library Director Danita Barber Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of November 7, 2005 to order at 7:30 p.m. The meeting was televised. Volume 96, page 14 Announcements Mayor Phelps announced that Councilman Moses was not present due to the death of his mother. He also stated city employee Jan Richardson passed away on Sunday. Mayor Phelps asked that the families of Councilman Moses and Jan Richardson be remembered. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman O'Hare all voting "aye," accepted Councilman Moses absence. Councilman O'Hare announced that the City's restaurant survey deadline is December 1St. He encouraged all residents to fill out the survey available on the Internet or at City facilities or when they receive it in the "Branch Review." A.I INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman O'Hare gave the invocation and led the pledge of allegiance. A.2 RECOGNITION OF 2005 TEXAS MUNICIPAL LIBRARY DIRECTORS ASSOCIATION'S OUTSTANDING SUPPORTER OF LIBRARIES AWARD TO JOAN ABBEY. Mayor Phelps presented the following information. On October 28, 2005, the Texas Municipal Library Directors Association recognized Friends of the Manske Library President Joan Abbey with the 2005 Outstanding Supporter of Libraries Award. Joan joined the Friends of the Manske Library in 1977 and has served as president since 1988. Joan is very active in the community and promotes the Library wherever she goes. She serves on the Parks and Recreation Board and is an active member of the Farmers Branch Chamber of Commerce. In 1994, she was named Woman of the Year for Farmers Branch. In 1997, she was recognized as Citizen of the Year for the Northeast Texas Library System. From 1996 to 1998, she served as Chair of the Texas Library Association Friends & Trustees Roundtable, and she served as a Counselor for the Roundtable from 1998 to 2000. Joan is the driving force behind all of the Friends' fundraising events, including the annual book sales, annual author dinner and the annual English High Tea. Under Joan's leadership, the Friends of the Library donated $15,000 in 1995 for a new Library online catalog system. In 1997, the Friends donated $10,000 for new computers. In 2000, $5,000 was donated toward the Library Master Plan. In 2004, the Friends donated $6,000 for the Library's wireless Internet network. For many years, the Friends have also provided funding for the children's summer reading club and other programs and materials as needed, including purchasing a popcorn machine that is frequently used during children's programs. Volume 96, page 15 With Joan as President, the Friends of the Library organization has flourished and has helped the Library provide many enhanced services through creative fundraisers and programs. Joan has recruited many volunteers in support of the Library and continues as the president of the Friends to this very day. Mayor Phelps presented a plaque from the Texas Municipal Library Directors Association recognizing Friends of the Manske Library President Joan Abbey with the 2005 Outstanding Supporter of Libraries Award. A.3 RECOGNITION OF CITY EMPLOYEES' ASSISTANCE WITH HURRICANE EMERGENCY RESPONSE AND RECOVERY OPERATIONS. Mayor Phelps presented the following information. Several City Employees recently assisted with emergency operations and disaster assistance relating to Hurricanes Katrina and Rita. The employees responded in conjunction with State and Federal agencies. We would like to recognize those individuals and their contributions tonight. 1. Fire/Emergency Service Officer Paramedic Dennis Gross Dennis is a member of the Texas Task Force 1, Urban Areas Search and Rescue Team. His team was deployed twice to the New Orleans area for a total of 22 days. The first deployment involved boat rescues in flooded areas. On one occasion he assisted with triaging 288 residents trapped on top of a levy and coordinated their rescue by helicopters and boats. His second deployment involved house-to-house searches for victims of the tragedy. Dennis was later deployed for eight days to the East Texas towns of Hemphill, Lufkin and Woodville to provide searches and other disaster assistance for the victims of Hurricane Rita. Mayor Phelps presented a certificate to Dennis Gross recognizing him for his assistance with Hurricane Emergency Response and Recovery Operation. 2. Battalion Chief Mike Lafon, Fire/Emergency Service Officer Paramedics Eric Hurley and Ron Morrison and 2nd Driver Jerry Cromer Mayor Phelps announced Battalion Chief Mike Lafon and Emergency Service Officer Paramedic Eric Hurley were unable to attend. These Farmers Branch firefighters responded to the United States Fire Academy's request for 1000 two-person career firefighter teams to assist FEMA in helping citizens of Louisiana, Mississippi and Alabama affected by Hurricane Katrina. After completing FEMA training, they were deployed to Jackson County, Mississippi, where they were assigned to the Community Relations/Temporary Emergency Housing Operations Center. Here, FEMA in Volume 96, page 16 conjunction with private contractor Bechtel Corporation, provided temporary housing for families displaced by Hurricane Katrina. Eric, Ron, Jerry, Mike and other firefighters assisted Bechtel in the pre-site and pre-occupancy inspections for temporary housing. As of October 6, Mississippi residents had moved into nearly 4,000 emergency housing units provided by FEMA and Bechtel with assistance of the nation's firefighters. Mayor Phelps presented a certificate to Emergency Service Officer Paramedic Eric Hurley and Driver Jerry Cromer recognizing them for their assistance with Hurricane Emergency Response and Recovery Operation. 3. Mark Gorton, Traffic Signal Technician, Engineering Department Mark is a member of the Texas Air National Guard. His unit was activated for three weeks to serve in the hurricane relief efforts. He spent the first week at the joint reserve base in Fort Worth where he loaded supplies that were flown to the areas of Louisiana and Mississippi ravaged by hurricane Katrina. Mark spent the following two weeks in southeast Texas helping those affected by Hurricane Rita. His unit cleared roads and distributed generators to schools and other public facilities that were without electric power. Mark has been alerted that his unit may be activated again in 2006 to serve in Iraq. We join together in expressing our pride and extending our appreciation to these dedicated employees for their unselfish efforts to help our nation in this time of need, and for being courageous representatives of the City of Farmers Branch. Mayor Phelps presented a certificate to Traffic Signal Technician Mark Gorton recognizing him for his assistance with Hurricane Emergency Response and Recovery Operation. A.4 PRESENTATION OF SERVICE AWARD - DENNIS GROSS OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Dennis Gross of the Fire Department. A.5 PRESENTATION OF SERVICE AWARD - JIM JONES OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Jim Jones of the Fire Department. Volume 96, page 17 A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. 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. A motion by Mayor Pro Tern Bird, seconded by Councilman O'Hare, all voting "aye," added agenda item DA to the Consent Agenda. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," accepted the Consent Agenda as presented. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 17, 2005. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF OCTOBER 24, 2005. B.3 ADOPTED RESOLUTION NO. 2005-134 AMENDING THE RESOLUTION ORIGINALLY NOMINATING ESSILOR OF AMERICA, INC. AS AN ENTERPRISE ZONE PROJECT. B.4 ADOPTED RESOLUTION NO. 2005-136 APPROVING AN ARCHITECTURAL SERVICES AGREEMENT WITH TGS ARCHITECTS, INC. FOR DESIGN OF MERCER CROSSING DEVELOPMENT SIGNS. B.5 ADOPTED ORDINANCE NO. 2842 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 4, TURNING MOVEMENTS, SECTION 82-61 RELATIVE TO PROHIBITING U- TURNS AT FOUR LOCATIONS; EASTBOUND AND WESTBOUND VALLEY VIEW LANE AT TOM FIELD ROAD AND THE MEDIAN Volume 96, page 18 OPENINGS APPROXIMATELY 300 FEET, 400 FEET, AND 600 FEET EAST OF MARSH LANE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 4, TURNING MOVEMENTS, SECTION 82-61, U-TURNS PROHIBITED; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.6 ADOPTED RESOLUTION NO. 2005-135 AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A SUB-RECIPIENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT FOR FISCAL YEAR 2005 HOMELAND SECURITY GRANT PROGRAM FUNDS. B.7 ADOPTED RESOLUTION NO. 2005-129 AWARDING BIDS FOR THE ANNUAL SUPPLY OF TYPE "D" ASPHALT TO AUSTIN ASPHALT AND APAC, INC. B.8 ADOPTED THE FOLLOWING ORDINANCES PERTAINING TO THE 2003 EDITIONS OF THE INTERNATIONAL CODE SERIES OF CONSTRUCTION CODES. A. ORDINANCE NO. 2835 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE AND LOCAL AMENDMENTS; B. ORDINANCE NO. 2836 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE AND LOCAL AMENDMENTS; C. ORDINANCE NO. 2837 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PLUMBING CODE AND LOCAL AMENDMENTS; D. ORDINANCE NO. 2838 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE AND LOCAL AMENDMENTS; E. ORDINANCE NO. 2839 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS CODE AND LOCAL AMENDMENTS; F. ORDINANCE NO. 2840 ADOPTING THE INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS; AND G. ORDINANCE NO. 2841 ADOPTING THE INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS. Volume 96, page 19 ORDINANCE NO. 2835 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE, AMENDING SPECIFIC SECTIONS; ADOPTING APPENDICES; REPEALING ORDINANCE NUMBER 2644; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2836 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2645; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2837 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PLUMBING CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2647; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. Volume 96, page 20 ORDINANCE NO. 2838 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2646; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2839 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2648; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2840 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2649; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2841 Volume 96, page 21 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES BY ADOPTING THE PROVISIONS OF THE INTERNATIONAL FIRE CODE, 2003 EDITION, AS THE FIRE CODE FOR THE CITY OF FARMERS BRANCH; AMENDING OR ADDING SEPCIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2652; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. DA ADOPTED RESOLUTION NO. 2005-122 APPROVING AN AGREEMENT WITH BIRKHOFF, HENDRICKS AND CONWAY, LLP FOR ENGINEERING SERVICES FOR PAINTING THE 1.5 MILLION GALLON ELEVATED WATER STORAGE TANK LOCATED AT BELT LINE ROAD AND MARSH LANE. C.l CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2826 AMENDING THE COMPREHENSIVE ZONING ORDINANCE INCLUDING BUT NOT LIMITED TO ARTICLE 8 - USE REGULATION DISTRICTS, ARTICLE 9 - AREA REGULATIONS AND ARTICLE 17 - MINIMUM ACCESS STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The current Farmers Branch Comprehensive Zoning Ordinance was adopted in its original form in 1969. Staff has identified Comprehensive Zoning Ordinance provisions that need revisions. These amendments to the ordinance will be processed in a phased manner. Those provisions that pose high risk and those provisions that can be amended with less time will be processed in the first phase. Provisions that pose lesser risk and require more research will be processed in future phases. The first phase of amendments to the Comprehensive Zoning Ordinance includes addressing the following topics: • requiring specific use permits for truck parking lots; • defining open storage and refining open storage standards; • clarifying sanitation container screening requirements; • modifying the minimum street access standards to be consistent with the Subdivision Ordinance and Master Thoroughfare Plan; and • clarifying front yard setback requirements for the Light Industrial and Heavy Industrial zoning district. Volume 96, page 22 The Planning and Zoning Commission unanimously recommends approval of proposed Ordinance No. 2826 amending the Comprehensive Zoning Ordinance. Mayor Phelps opened the public hearing. No comments were presented. A motion by Mayor Pro Tern Smith, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," approved the following captioned Ordinance No. 2826 amending the Comprehensive Zoning Ordinance. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING ARTICLE 8 - USE REGULATION DISTRICTS, ARTICLE 9 - AREA REGULATIONS AND ARTICLE 17 - MINIMUM ACCESS STANDARDS; REPEALING RESOLUTION NOS. 85- 018 AND 85-044; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. D.9 CONSIDER ADOPTING RESOLUTION NO. 2005-130 AUTHORIZING THE CITY MANAGER TO PURCHASE NINE POLICE SEDANS AND THREE SPORT UTILITY VEHICLES, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2005-2006 Fixed Asset budget includes funds in the amount of $330,000 for the purchase of 12 replacement police vehicles. Bid requests for replacement police vehicles were sent out to 20 vendors, and six vendors responded with bids that were opened on October 20, 2005. Texoma Ford of Denison, Texas submitted the low bid meeting specifications including options for three sport utility vehicles in the total amount of $78,927, a unit price of $26,309. Philpott Ford of Nederland, Texas submitted the low bid meeting specifications including options for nine police patrol sedans in the total amount of $237,807, a unit price of $26,423. The total bid cost for all police vehicles is $316,734. In addition to obtaining bids from local vendors, staff also contacted Philpott Ford, the Texas Local Government Purchasing Cooperative vendor and Houston Galveston Area Council of Governments vendor. Philpott Ford advised that Volume 96, page 23 Philpott's bid to the City was lower than either of the two purchasing cooperatives contract pricing. There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution 2005-130 awarding bids for 12 replacement police vehicles. D.l CONSIDER RESOLUTION NO. 2005-119 ADOPTING AN EARLIER STARTING TIME FOR REGULAR CITY COUNCIL MEETINGS, EFFECTIVE JANUARY 9, 2006, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Council has discussed and found that it may be appropriate to change the meeting times for the regular City Council meetings. The proposed change is in anticipation that an earlier start time would be more conducive for residents, business and other participants to conduct business, as well as for City Council and staff. It is not anticipated that this change will require Study Session meetings to move from its usual 4:30 p.m. time, although depending on the agenda topics, an earlier start time may become necessary at times. As proposed, the start time for City Council meetings will change to 6:30 p.m. beginning December 5, 2005. Council may also consider a start time of 7:00 p.m. as an alternative. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tern Robinson all voting "aye," approved Resolution No. 2005-119 changing the start time for City Council meetings to 6:30 p.m. beginning December 5, 2005. D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-131 AUTHORIZING THE CITY MANAGER TO SIGN A PRE-DEVELOPMENT AND PROFESSIONAL SERVICES AGREEMENT WITH PRIME INCOME ASSET MANAGEMENT TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH THE ESTABLISHMENT OF A WESTSIDE PUBLIC IMPROVEMENT DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Prime Income Asset Management Company has asked the City to consider the creation of a Public Improvement District that would encompass approximately 900 acres of land in the west portion of the City. The district would be used as a mechanism to finance public improvements such as streets, drainage, utilities and lake improvements for the purpose of accelerating development in the area. The creation of such a district requires the use of substantial professional services including, but not limited to, planning services, engineering services, financial services, and legal services. The proposed Pre-Development and Professional Services Agreement provides that Prime Income Asset Management Company will reimburse the City for all Volume 96, page 24 costs associated with the creation of the district and for the potential issuance of bonds. If bonds are issued, they will be secured solely by assessments on property located within the district. Approval of this item does not create the Public Improvement District. If approved by Council, the resolution authorizes only the Pre-Development and Professional Services Agreement to secure funding for all costs associated with creating the district. Prime Asset Management Company has agreed to participate in this agreement. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2005-131 authorizing the City Manager to sign a Pre-Development and Professional Services Agreement with Prime Income Asset Management Company. D.3 CONSIDER ADOPTING THE FOLLOWING ORDINANCES: 1) ORDINANCE NO. 2845 DENYING THE PROPOSAL BY ATMOS ENERGY TO IMPLEMENT INTERIM GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2004 AND 2) ORDINANCE NO. 2847 ASKING ATMOS ENERGY TO SHOW CAUSE THAT ITS CURRENT RATES ARE JUST AND REASONABLE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. ATMOS Energy Corporation, formerly TXU Gas Company, filed a Gas Reliability Infrastructure Program, or GRIP, surcharge with the City on September 19, 2005. This filing was made pursuant to the GRIP legislation that was passed by the State Legislature in 2003. GRIP filings allow the utility the potential to earn a regulated rate of return on invested capital without the regulatory burdens of a full rate case. The City of Farmers Branch has original jurisdiction over gas utility rates within the city limits under the Gas Utility Regulatory Act. ATMOS filed its first GRIP filing on December 17, 2004. The City Council denied that filing on August 1, 2005. A Steering Committee of cities of which Farmers Branch is a member, determined that the December GRIP filing was premature and recommended the denial. After reviewing the new GRIP filing information along with the previous GRIP filing, the Steering Committee is recommending that the cities also deny the current GRIP filing. The Committee has determined many shortcomings in the current filing which requests over $6 million in revenues with a proposed residential flat monthly surcharge of 29 cents and 98 cents per month for commercial businesses. Proposed Ordinance No. 2845 would deny the GRIP filing, if approved. Volume 96, page 25 Upon acquisition of the TXU Gas system by ATMOS Energy, ATMOS stated publicly that it expected to experience annual cost savings of at least $40 million over the former TXU costs. In conjunction with the GRIP filing, the Steering Committee recommends that a review of ATMOS' current rates take place. Proposed Ordinance No. 2847 asks ATMOS to show cause and file a full rate case with the City in order for the City to determine whether ATMOS's current rates are excessive. ATMOS has publicly stated that it expects the higher price of natural gas to increase customer bills by 60 to 90 percent this winter. For the month of January, the average customer last year used 13,000 cubic feet of gas and paid $145. The same amount of gas this year will cost the customer between $200 and $270. The actual cost of natural gas is a direct cost that ATMOS passes through to the customer. Staff recommends that Council adopt Ordinance No. 2845 denying the GRIP Surcharge and adopting Ordinance No. 2847 asking ATMOS to show just cause for the current rates that are charged to customers. There being no discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinances No. 2845 and Ordinance No. 2847. ORDINANCE NO. 2845 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. ORDINANCE NO. 2847 Volume 96, page 26 AN ORDINANCE BY THE CITY OF FARMERS BRANCH, TEXAS ORDERING ATMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31,2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. DA CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 2005-125 APPROVING STREETS FOR INCLUSION IN THE 2005-2006 STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An important element of the City's commitment to maintain its streets is the Street Resurfacing Program. The Non-bond Capital Improvement Program has $1,020,000 budgeted for the 2005- 06 Street Resurfacing Program. The following streets have been recommended for asphalt resurfacing this year: STREETS: LIMITS: Amber Lane Austell Parkway Belfield Drive Bergin Lane Cameo Lane Castleton Drive Castleton Circle Castleton Place Ivanwood Drive to Webb Chapel Road Valley View Lane to Maydelle Lane Valley View Lane to Castleton Drive Cochise Lane to Heartside Place Ivanwood Drive to Webb Chapel Road Belfield Drive to Longmeade Drive Castleton Drive to cul-de-sac Castleton Drive to cul-de-sac Challaburton Drive Longmeade Drive to Valley View Lane Chatsworth Drive Webb Chapel Road to Mountcastle Drive Charcoal Lane Josey Lane to Rawhide Parkway Cochise Lane Windmill Lane to Fyke Road Colchester Drive Webb Chapel Road to Mountcastle Drive Emeline Drive Webb Chapel Road to Longmeade Drive Glenside Drive Webb Chapel Road to Longmeade Drive Glenside Circle Glenside Drive to cul-de-sac Golfing Green Drive Webb Chapel Road to Brookhaven Club Drive Golfing Green Court Golfing Green Drive to cul-de-sac Goodland Place Goodland Street to south end Volume 96, page 27 Heartside Place Amber Lane to Valwood Parkway Heartside Place Josey Lane to Longmeade Drive Mountcastle Drive Valley View Lane to Longmeade Drive Selma Lane Josey Lane to Veronica Road Stardust Lane Josey Lane to Valwood Parkway ALTERNATE STREETS: Bay Meadow Circle Josey Lane to cul-de-sac Bay Meadow Court Bay Meadow Circle to cul-de-sac Mark Twain Drive Heartside Place to Webb Chapel Road Meadow Port Drive Bay Meadow Circle to cul-de-sac Sunny Hill Lane Bay Meadow Circle to cul-de-sac If approved by the City Council, notices will be sent to property owners abutting the streets to be resurfaced, including the alternate streets, and a public notice will be prepared for publication in local newspapers. The notification will inform residents of the petition process required to request a public hearing to discuss the procedures to be followed to have their street reconstructed with reinforced concrete in lieu of asphalt resurfacing. If a street is removed from the list due to the residents' request that their street not be resurfaced, a street from the alternate list will be selected to replace the deleted street. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye,' adopted Resolution No. 2005-125 approving streets for inclusion in the 2005-2006 Street Resurfacing Program and initiating the notification of property owners. D.6 CONSIDER ADOPTING RESOLUTION NO. 2005-126 AWARDING THE BID FOR THE RECONSTRUCTION OF LONGMEADE DRIVE AND BRAEMAR CIRCLE TO JIM BOWMAN CONSTRUCTION COMPANY, L.P. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The reconstruction of Braemar Circle and Longemeade Drive from Webb Chapel Road to Golfing Green Drive consists of replacing the water and sanitary sewer lines and reconstructing the street pavement and drive approaches. The reconstruction of Longmeade Drive consists of the following: • Replacing the water and sanitary sewer lines • Reconstructing the street pavement, sidewalks and drive approaches. • Upgrading the storm sewer system. • Raising the intersections at Emeline Drive and Castleton Drive with one- inch high brick pavers to slow traffic. Raising the intersections was a traffic calming measure that came from the neighborhood meeting with Longmeade Drive residents on January 20, 2005. Volume 96, page 28 There is $2,178,400 in the 2005-2006 Capital Improvement Program budget for these projects. Six bids were received and opened on October 6, 2006, with all bids meeting specifications. Jim Bowman Construction Company, L.P. submitted the low bid in the amount of $1,966,874.25. The contract time is 300 calendar days. Jim Bowman Construction Company, L.P. has provided adequate qualifications and references for similar work, and has satisfactorily completed several projects for the City within the past five years. The City Engineer recommends adopting Resolution 2005-126 awarding the bid for the reconstruction of Braemar Circle and Longmeade Drive from Webb Chapel Road east to Golfing Green Drive to Jim Bowman Construction Company, L.P. in the amount of $1,966,874.25. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2005-126 awarding the bid for the reconstruction of Braemar Circle and Longmeade Drive from Webb Chapel Road east to Golfing Green Drive to Jim Bowman Construction Company, L.P. in the amount of $1,966,874.25. D.7 CONSIDER ADOPTING RESOLUTION NO. 2005-128 AWARDING A BID FOR UTILITY CUT REPAIRS AT VARIOUS LOCATIONS TO RELIABLE PAVING, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Public Works Department is responsible for the maintenance of street infrastructure and requests annual bids for pavement repairs necessitated by utility repair work. Thirty bids were mailed out, and two bids were received and opened for utility cut repairs at various locations. Reliable Paving, Inc., submitted a bid that met all specifications. Reliable Paving, Inc., has worked for several area cities, and has also performed satisfactory work for the City of Farmers Branch in the past. Utility cut repair items were bid on a unit basis. The most common repairs include curb and gutter, and sidewalk and street pavement replacement. The Utilities Division budget contains $110,000 for this work. The contract for the repairs will be for a one-year period with an option for an additional one-year period, if agreeable to both parties. A comparison to last year's prices revealed that the prices bid are very competitive. Staff recommends adopting Resolution No. 2005-128 awarding the bid not to exceed the budgeted amount of $110,000 for utility cut repairs at various locations. There being no discussion, a motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-128 Volume 96, page 29 awarding a bid to Reliable Paving, Inc., not to exceed the budgeted amount of $110,000 for utility cut repairs at various locations. D.8 CONSIDER ADOPTING RESOLUTION NO. 2005-124 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO DURO BAG MFG. COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Four bids were received for the purchase of the annual supply of paper refuse sacks. Two bids were "no bid," and two met specifications. Duro Bag Manufacturing Company submitted the low bid of $.244 cents per sack for combination one-ply recycled and one-ply natural paper. Staff recommends that Duro Bag Mfg. Company be awarded the refuse sack bid for sacks made of one-ply recycled paper and one-ply natural paper. The City has not used Duro Bag Mfg. Company in the past, but the normal testing process by an independent laboratory will occur on the sacks as with past vendors. This contract will be for a one-year period. Using recycled paper helps conserve natural resources and prolongs the life of the landfill by reducing the amount of waste being buried. Funds in the amount of $236,930 are budgeted in the Public Works operating budget for this purchase and for the cost of delivery to single-family households by City crews. Deputy Mayor Pro Tem Robinson stated 24 cents per sack is expensive and asked if there was a less expensive alternative such as plastic sacks. He asked if Council would be agreeable to raise this issue with Farmers Branch citizens to see if the cost could be reduced. Public Works Director Mark Pavageaux replied pricing for the plastic sacks last year was 14 cents per sack; the price for plastic sacks this year has gone up to 19 cents per sack. Mayor Pro Tern Bird commended Deputy Mayor Pro Tern Robinson for his concern regarding the cost but stated he did not believe the plastic bags were as durable as the paper sacks. City Manager Linda Groomer stated that staff were continuing to look into alternatives. She also stated that the residents are very attached to the paper sacks, which are biodegradable. Mr. Pavageaux stated there are no companies that make biodegradable plastic bags. Assistant City Manager Greg Vick stated the cost gap between paper and plastic has narrowed significantly in the last six to eight months. Mr. Pavageaux stated he would provide Council with a summary of the information he has received. Volume 96, page 30 There being no further discussion, a motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-124 awarding the bid for the purchase of the annual supply of paper refuse sacks to Duro Bag Mfg. Company for a unit price of $.244 per sack in the amount not to exceed $236,930. D.9 THIS ITEM WAS MOVED AND READ AFTER C.2 AGENDA ITEM. D.10 CONSIDER ADOPTING RESOLUTION NO. 2005-132 ESTABLISHING THE NUMBER OF COMMITTEE MEMBERS ON THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1997, the City Council created the Educational Task Force comprised of residents interested in the quality of education in the Carrollton-Farmers Branch Independent School District (C-F13 ISD). In April 2000, the Educational Task Force became the School-Community Relations Committee. The City Council created the Committee to be comprised of 20 members, with three-year staggered terms. Debra Marshall serves as the Committee Chair. The Committee's mission is "promoting quality educational opportunities and promoting equality in all schools serving Farmers Branch students." The Committee places emphasis on fostering relationships between the City and the public and private campuses serving Farmers Branch by keeping current with the activities of the districts and communicating those activities to the City. Committee members closely monitor the Carrollton Farmers Branch ISD bond program and its impact on Farmers Branch facilities, and representatives attend all C-FB ISD school board meetings. And because education is such a crucial element of the future of the community, as part of the City's developing strategic plan, one of the stated initiatives is to enhance educational partnerships. Fostering the goals of the School-Community Relations Committee is an important objective of that initiative. As part of their responsibilities, members serve as liaisons to work with each of the 12 campuses that serve Farmers Branch students. Of those campuses, 5 are C- FB ISD schools within the Farmers Branch City limits, plus R. L. Turner High School and McLaughlin Elementary in the C-FB ISD but in the Carrollton city limits. Cabell Elementary is in the Farmers Branch City limits, but in the Dallas ISD and W. T. White is in the Dallas ISD and in the Dallas city limits, but serves some Farmers Branch resident students. Mary Immaculate, Parish Episcopal, and Texas Can Academy are private schools located in the City. To more effectively conduct the business of the Committee towards accomplishing its mission, the Committee concurs with staff's recommendation to adjust the number of Committee members from 20 to 14 members. This number Volume 96, page 31 would also relate the number of campuses to committee member liaisons, and would allow flexibility for some overlap. Staff recommends approval of Resolution No. 2005-132 establishing the number of committee members on the School-Community Relations Committee and take appropriate action. There being no discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2005-132 establishing the number of committee members on the School- Community Relations Committee. D.11 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE, ZONING BOARD OF ADJUSTMENT, VALWOOD IMPROVEMENT AUTHORITY, CONFIRMATION OF THE CITY OF CARROLLTON'S APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY BY APPROVING RESOLUTION NO. 2005-133, AND TAKE APPROPRIATE ACTION. There are three vacancies on the Community Watch Committee. A motion by Councilwoman Smith, seconded by Mayor Pro Tern Bird, all voting "aye," reappointed Bruce DeGrasse, Robert Schies, Phil Sizer and Fred Sawyer on the Zoning Board of Adjustment and Building Code Board of Appeals A motion by Mayor Pro Tern Bird, seconded by Deputy City Manager Robinson, all voting "aye," reappointed Michael Fitzpatrick and Buddy Rees to the Valwood Improvement Authority. A motion by Councilwoman Smith, seconded by Mayor Pro Tern Bird, all voting "aye," approved Resolution No. 2005-133 confirming the appointment of Richard (Dick) Calvert by the City of Carrollton to the Metrocrest Hospital Authority Board of Directors. D.12 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no Council travel reports or requests. D.13 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith reported on the October 20th Metrocrest Hospital Authority meeting. Volume 96, page 32 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 6:50 P.M. AND THEN CONCLUDED AT 7:20 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 stated that staff was present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; and deliberation regarding economic development negotiations -Texas Government Code Section 551.087. Discuss status of economic development project. Mayor Phelps stated that staff was present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained 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 November 7, 2005 at 8: .m. , i Bob Phelps, Mayor Cindee Peters, City Secretary Volume page 33