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2004-10-04 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 4, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Charlie Bird Paul Walden Junie Smith Ben Robinson The following members of Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Director of Community Services Director of Economic Development Fire Chief Police Chief Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Roach John Boyle Michael Spicer Norma Nichols Kyle King Jimmy Fawcett Danita Barber Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of October 4, 2004 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Reggie Mayo gave the invocation and Mayor Phelps led the pledge of allegiance. Volume 94, page 25 A.2 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE THIRD QUARTER 2004 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommended the following for Council for approval. Toiletries, including shaving tools and canned medications dated from about 1915 to 1930 from Sheri Bailey of Farmers Branch. Textiles, including baby clothes, dresser scarves, pillowcases, and doilies dated from 1920-40. A painted stein dated from about 1905 from Mr. and Mrs. Gus Hoehn of Dallas, Texas. A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," accepted the second quarter donations to the Historical Park, with appropriate letter. A.3 PROCLAIM OCTOBER 3-9,2004 AS "FIRE PREVENTION WEEK". Mayor Phelps presented the following information. The Fire Department will be busy throughout the month of October presenting fire prevention programs at schools in Farmers Branch. The programs are age specific and teach a variety of fire and life safety topics. The Branch Brigade Clowns, made up of Fire Department personnel, will perform for the youngest students. Fire Administration and the Fire Prevention Division will use storytelling, games and demonstrations to teach the older children about safety. The firefighters will be bringing their apparatus to the schools to reinforce the lessons learned in class. The Fire Department is also sponsoring the Ninth Annual Fire Prevention Poster Contest for the third grade students in Farmers Branch schools. Mayor Phelps read and presented a proclamation to Chief King, Deputy Chief Steve Parker, Division Chief/ Fire Marshal Tim Dedear, Lieutenant Matt Grant and Fire Prevention Training Coordinator Wendi Kimpton, proclaiming October 3-9, 2004 as "Fire Prevention Week" in Farmers Branch, Texas. A.4 PRESENTATION OF AWARDS FOR FIRE PREVENTION POSTER CONTEST. The Mayor and Fire Department staff presented awards to winners in the Seventh Annual Fire Prevention Poster Contest. All third grade students from Cabell Elementary, Farmers Branch Elementary, Janie Stark Elementary, Dave Blair Intermediate, Parish Episcopal School and Mary Immaculate School were invited to participate. Volume 94, page 26 A.5 CONSIDER ACCEPTING SAFEWAY COMPANY GIFT CARD FROM THE TEXAS CREDIT UNION LEAGUE FOR THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On September 11, 2004, representatives of the Texas Credit Union League brought a $425 Safeway Company gift card to Fire Station No. 1 as an expression of thanks to the Farmers Branch firefighters for their service. The card can be used at several grocery stores including Tom Thumb. This gift card will be used to purchase grocery staples such as oil, flour and spices for meals at the two stations. These items are normally purchased by the firefighters monthly after money is collected from each firefighter. The gift card will benefit all firefighters. The Fire Chief recommends accepting the $425 Safeway Company gift card from the Texas Credit Union League for the purchase of grocery staples for all of the firefighters. A motion by Mayor Pro Tern Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," accepted the $425 gift card from the Texas Credit Union League for the purchase of grocery staples for all of the firefighters, with appropriate letter. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 10-year employee service award to Wendi Kimpton of the Fire Department. A.7 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Cherilyn Hughes of the Public Works Department. A.8 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 25-year employee service award Charles Tucker of the Public Works Department. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 94, page 27 A.10 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the item discussed in Study Session prior to the regular meeting. 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 the consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 20, 2004. B.2 ADOPTED RESOLUTION NO. 2004-080 ACCEPTING A DRAINAGE, UTILITY, AND SIDEWALK EASEMENT DONATED BY TRIPLE A. OIL PROPERTIES, LTD. ON THE PROPERTY ADDRESSED AS 2360 VALWOOD PARKWAY KNOWN AS LOT 1, BLOCK 1, DALTEX ADDITION. B.3 ADOPTED RESOLUTION NO. 2004-111 AUTHORIZING THE CITY MANAGER TO EXECUTE A PARAMEDIC TRAINING AFFILIATION AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT. C.1 CITIZEN PARTICIPATION. There was no citizen participation. D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-100 AUTHORIZING CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City has maintained a health services contract with the Dallas County Health Department since 1984. The agreement ensures that Dallas County will provide communicable disease control and laboratory health services to Farmers Branch residents including the following: Volume 94, page 28 • communicable disease control and laboratory health services provided at 2377 N. Stemmons Freeway in Dallas a well child clinic one day per month at the Farmers Branch Recreation Center and a senior citizens clinic one day per month at the Farmers Branch Senior Center • immunization services for Farmers Branch residents available four days per week at 1235 South Josey Lane, Suite 518, in Carrollton. The well child, senior and immunization clinics would not be conducted in Farmers Branch nor at the Carrollton location for Farmers Branch residents if the City did not enter into a contract for services and agree to furnish facilities, utilities, telephones, and maintenance as needed for clinic programs. With no contract, Farmers Branch residents would have to travel to the central Dallas location at 2377 N. Stemmons Freeway for these services. Fees charged to patients by the County are based on the patients' ability to pay. The current agreement expired on September 30, 2004, but services to Farmers Branch residents have continued without interruption. The total cost of services for fiscal year 2004-2005 will be $14,853. The cost of the proposed contract is the same as last year's contract. There are no changes in the contract other than adjustments in the fee schedule to users, which establishes the direct point of service charges to users. Funds are available in the Community Services Department budget for the health services contract. There being no discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2004-100 authorizing the City Manager to enter into a health services agreement with Dallas County for the fiscal year 2004-2005. D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-110 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps stated Dallas County has submitted the renewal of the 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 third year from October 1, 2004 through September 30, 2005, as provided in Section I of the Agreement. The original agreement permits up to four additional one-year renewals. Volume 94, page 29 The requested amendment will continue the Household Hazardous Waste Program through fiscal year 2005 with no change to the City's budgeted amount for this program. 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 8:00 a.m. 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. Items not accepted include: business waste, common trash and recyclables, radioactive materials, explosives, ammunition, and bio-medical waste. Most of the items accepted are recycled. The 2002-03 cost to the City was $8,390.41 and the estimated completed cost for 2003-04 is $8,840.20. It is estimated the cost for 2004-2005 will be within the Public Works budget of $10,000 for participation in the household hazardous waste program. There being no discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2004-110 authorizing the City Manager to execute Amendment No. 2 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 THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the School-Community Relations Committee and the Historical Preservation and Restoration Board appointments would be brought back to the October 18a` City Council meeting. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Moses reported while on the Sister Cities trip to Bassetlaw, England that the City of Farmers Branch was honored by having a Bassetlaw street named Farmers Branch, and recognized that Garbsen, Germany had previously named a park "Farmers Branch Platz." Volume 94, page 30 i D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Pro Tem Moses congratulated the Parks and Recreation Department for their outstanding efforts in hosting the 2004 Special Olympics Fall Games and along with all the participants in the games. Councilwoman Smith reported on the Greater Dallas Planning Council's Forum, which she attended on September 23rd and September 30th, with the third and final of the series scheduled for October 7th n MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:19 P.M. AND THEN CONCLUDED AT 7:10 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 AND DELIBERATE ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086 DISCUSS AND DELIBERATE ECONOMIC DEVELOPMENT INCENTIVES FOR BUSINESSES WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mayor Phelps stated staff was present to discuss this item with Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land acquisition of property addresses 12809, 12815, and 12821 Bee Street and property addressed as 2520 Pepperwood Street located in the Farmers Branch DART station area and take necessary action during the public segment of the meeting. Discuss property acquisition at the southwest corner of Golfing Green Drive and Webb Chapel Road, Farmers Branch, Texas. Mayor Phelps stated staff was present to discuss these items with the City Council. Volume 94, page 31 E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss pending or contemplated litigation with Horseshoe Construction Company. Mayor Phelps stated 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 conducted the City Manager's evaluation. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive items. A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye," adopted Resolution No. 2004-104 authorizing the City Manager to make a final offer to acquire property addressed as 12809 Bee Street and authorizing the use of eminent domain should the final offer not be accepted. A motion by Councilwoman Smith, a second by Councilman Walden, all voting "aye", adopted Resolution No. 2004-105 authorizing the City Manager to make a final offer to acquire property addressed as 12815 Bee Street and authorizing the use of eminent domain should the final offer not be accepted. A motion by Councilman Bird, a second by Councilman Walden, all voting "aye", adopted Resolution No. 2004-106 authorizing the City Manager to make a final offer to acquire property addressed as 12821 Bee Street and authorizing the use of eminent domain should the final offer not be accepted. A motion by Councilman Walden, a second by Councilman Robinson, all voting "aye", adopted Resolution No. 2004-109 authorizing the City Manager to make a final offer to acquire property addressed as 2520 Pepperwood Street and authorizing the use of eminent domain should the final offer not be accepted. A motion by Mayor Phelps, a second by all Councilmembers, all voting "aye", extended the City Manager's contract for one year and authorized a 2% increase in salary to be applied to base pay or deferred comp as the City Manager may desire. Volume 94, page 32 Mayor Phelps reported the Council was updated on the remaining items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of October 4, 2004 at 8:29 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary rl l~ Volume 94, page 33