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2004-11-01 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 1, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Charlie Bird Paul Walden Junie Smith Ben Robinson The following members of Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney John Boyle Director of Finance Charles Cox Director of Community Services Michael Spicer Director of Economic Development Norma Nichols Fire Chief Kyle King Police Chief Jimmy Fawcett Library Director Danita Barber City Engineer Jerry Murawski Director of Communications Tom Bryson Director of Public Works Mark Pavageaux Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of November 1, 2004 to order at 7:34 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Walden presented the invocation and led the pledge of allegiance. Volume 94, page 46 A.2 CONSIDER ACCEPTING DONATION OF FUNDS TO PURCHASE DISPLAYS FOR THE HOLIDAY TOUR OF LIGHTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2004 holiday lighting season will be the second year the City has invited organizations to sponsor tour displays. Brochures were mailed to organizations asking for participation in the Holiday Lighting Program. Organizations could select a display from the catalog and donate funds to the City to purchase the selected item. The display would be used during the Holiday Tour of Lights in the Historical Park. Signs denoting the participating organizations will be placed at each display. The following organizations have donated funds to purchase displays for the 2004 Holiday Tour of Lights, which will be exhibited during three consecutive holiday seasons. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," accepted donations from Hi-Line Inc., Mr. Mike Sheaffer and Ms. Leslie Marquis $515 and from Glazer's Wholesale Distribution, Mr. Rink Lanham, General Donation, $1000, with appropriate letter. A.3 CONSIDER ACCEPTANCE OF DONATION FROM THE NORTH TEXAS TOLLWAY AUTHORITY TO THE PARKS AND RECREATION DEPARTMENT FOR THE 2004 CHRISTMAS TREE LIGHTING CEREMONY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The North Texas Tollway Authority wishes to make a donation of $1,000 to the Parks and Recreation Department for the 2004 Christmas Tree Lighting event. The event will be held at the Historical Park on Saturday, December 4, 2004 at 7:00 p.m. Some of the activities for the evening include a fireworks-laser show, the official lighting of the Christmas tree and Tour of Lights display, the arrival of Santa Claus, Radio Disney 620 AM games and prizes, tours of historical structures, and refreshments of cookies and hot chocolate. Attendance at the 2003 event was estimated at 3,000. The donation will be used to sponsor part of the Radio Disney 620 AM on-air advertisements and children's activities for the 2004 Christmas Tree Lighting Ceremony. Dave Blair, Chairman of the Board for the North Texas Tollway Authority, and Wally the mascot for the Tollway Authority's Wave at Wally campaign presented to the City of Farmers Branch a $1,000 donation. Volume 94, page 47 A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," accepted the $1,000 donation from the North Texas Tollway Authority to be used for the 2004 Christmas Tree Lighting Ceremony. A.4 RECOGNITION OF THE AMERICAN PLANNING ASSOCIATION - TEXAS CHAPTER AWARDS. Mayor Phelps presented the following information. On October 15, 2004, the Texas Chapter of the American Planning Association recognized the Farmers Branch Planning Division with two planning awards at its annual conference in Austin, Texas. Mayor Phelps presented the 2004 Current Planning Award for "The Public Outreach and Education Program" to Planning Division staff, Community Service Director Michael Spicer, Director of Planning Kazier Rangwala, Senior Planner Tina Firgens and Planning Analyst Jim Sellards. The Current Planning Award is given for an outstanding program directed to the implementation of a City's plan. The Planning Division created a variety of public education programs geared towards different segments of the population to inform them about the benefits of planning. Mayor Phelps also presented the second award "The 2004 Comprehensive Planning Award for the West Side Plan" adopted by City Council in October 2003. A.5 RECOGNITION OF THE AMERICAN PLANNING ASSOCIATION - TEXAS CHAPTER AWARD TO MR. RICHARD ESCALANTE. Mayor Phelps presented the following information. On October 15, 2004, the Texas Chapter of the American Planning Association recognized former city manager Richard Escalante with the 2004 Texas Chapter Award. The Farmers Branch Planning Division, on behalf of the North Central Texas Section, nominated Mr. Escalante for this award, which is given to an individual candidate outside the planning profession who has contributed significantly to planning. The award cites Mr. Escalante for his contributions to the planning field at local, state, national and international levels. Mr. Escalante's accomplishments while city manager in Farmers Branch included overseeing a full range of municipal services, as well as coordinating the development of capital planning and the construction of numerous municipal facilities for Farmers Branch. Mr. Escalante's planning accomplishments include promoting the streamlined development review process, developing the Neighborhood Renaissance program, and creating a Public Improvement District to facilitate over $100 million of development for the City's east side. He was instrumental in the adoption of the City's first Comprehensive Plan and subsequent updates to facilitate a new vision for the DART Light Rail Station Area and west side of Farmers Branch. Additionally, Mr. Escalante has spoken to professional groups all over the country Volume 94, page 48 on topics ranging from neighborhood revitalization to municipal budgeting to electronic government. Mr. Escalante brought national acclaim to Farmers Branch with the development of the tax dividend program, making Farmers Branch the first city in the country to return dividends to taxpayers. Mayor Phelps presented the Texas Chapter of the American Planning Association 2004 Texas Chapter Award to former city manager Richard Escalante. A.6 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD AND CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. Mayor Phelps presented the following information. The Government Finance Officers Association, or GFOA, of the United States and Canada has presented an award of Distinguished Budget Presentation to the City of Farmers Branch for its 2003-04 budget and an award of Certificate of Achievement for Excellence in Financial Reporting for the City's 2003 Comprehensive Annual Financial Report. These awards represent a significant achievement by Farmers Branch and reflect the commitment of the City Council and staff to meet the highest principles of governmental budgeting, accounting, and financial reporting. The GFOA programs were instituted to encourage all government units to prepare and publish easily readable and understandable financial documents covering all funds and financial transactions of the government during the year. The GFOA believes that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. These financial reports go beyond the requirements of generally accepted accounting principles to provide the many users of governmental financial statements with a wide variety of information useful in evaluating the financial condition of a government. Bond rating agencies favorably consider these awards during the credit evaluation process. This is the seventh consecutive year that the City has received the Distinguished Budget Presentation award and the fourteenth consecutive year for receiving the Certificate of Achievement for Excellence in Financial Reporting. Mayor Phelps presented the distinguished Budget Presentation award Certificate of Achievement for Excellence in Financial Reporting to Finance Director Charles Cox. A.7 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five employee service award to Charles Purvis of the Police Department. Announcement Volume 94, page 49 Mayor Phelps announced the Stars Center is officially open and the Grand Opening will be held on November 201H A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items 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 Tern Moses, seconded by Councilman Walden, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 18, 2004. B.2 APPROVED VACATING THE FINAL PLAT OF THE COURTYARDS PREVIOUSLY BY THE CITY COUNCIL ON FEBRUARY 21, 2000 AND APPROVING A NEW FINAL PLAT OF THE COURTYARDS ADDITION. C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING. CONSIDER ADOPTING ORDINANCE NO. 2794 RENEWING AND ESTABLISHING CURFEW HOURS FOR MINORS AND PARENTAL RESPONSIBILITY AND REPEALING ORDINANCE NO. 2217 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1971, the Farmers Branch City Council adopted an ordinance establishing curfew hours for minors along with parental responsibility for contributing to the neglect or delinquency of minor children. In 1995, the ordinance was amended to comply with legal standards set forth by rulings of the federal courts. Local Government Code Volume 94, page 50 Section 370.002 requires a review and renewal of any existing curfew ordinance before the third anniversary of the date of adoption and every third year thereafter. Proposed Ordinance No. 2217 is the product of the required review by staff and the City Attorney of law changes and court rulings as related to the current Ordinance No. 2217. Changes in the proposed ordinance include requiring a minor who is out during curfew hours to possess a note from his or her parent or guardian. Additionally, business owners and operators who allow a minor to stay on their property after curfew face a change in the allowed defenses. Other changes add a severability clause allowing the ordinance to remain in effect in its entirety even if specific portions are found to be invalid or unconstitutional, and non-substantive wording changes have been made throughout the ordinance. The proposed ordinance maintains the current curfew hours of between 11 p.m. Sunday, Monday, Tuesday, Wednesday, or Thursday until 6 a.m. of the following day, and midnight until 6 a.m. on Saturday and Sunday. Mayor Phelps opened the public hearing. A motion by Councilman Walden, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance No. 2794 and repealing Ordinance No. 2217. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RENEWING AND ESTABLISHING CURFEW HOURS FOR MINORS AND PARENTAL RESPONSIBILITY; AMENDING SECTION 46-31 THROUGH 46-36 OF THE CODE OF ORDINANCES IN ITS ENTIRETY; PROVIDING FOR DEFENSES TO PROSECUTION; PROVIDING A PENALTY NOT TO EXCEED $500.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.I CONSIDER RESOLUTION NO. 2004-119 NOMINATING FISCHBACH USA, INC. AS AN ENTERPRISE ZONE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Fischbach USA, Inc. is an international company with their corporate headquarters located in Engelkirchen, Germany. They have entered into a lease arrangement for a manufacturing facility that is located at 1901 Hutton in Valwood Business Park. The plastic packaging component manufacturing company has requested nomination as an Volume 94, page 51 Enterprise Zone project. The company has stated that they will create forty new jobs within the first eighteen (18) months and will increase the number to seventy at year three. If the City Council approves the nomination, an application will be submitted to the Governor's Office of Economic Development for consideration. Approval is anticipated within sixty days after the submission of the application. The nominating body is required to monitor the qualified business to determine whether the project has followed through on any commitments or goals. This evaluation may occur on the date on which a certificate of occupancy is issued or at the completion of the enterprise project designation period. The nominating body then shall submit a report of its findings to the bank and the comptroller. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," approve Resolution No. 2004-119 nominating Fischbach USA, Inc. as an Enterprise Zone project. D.2 CONSIDER APPROVING RESOLUTION NO. 2004-112 AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH GENUINE PARTS COMPANY, OR NAPA, TO OUTSOURCE THE CITY'S WAREHOUSE OPERATION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the September 20, 2004 Council Study Session, Equipment Services staff presented a proposal to Council for outsourcing the City's warehouse operation. This proposal was for an on-site, turnkey warehouse providing an integrated parts and supply-sourcing operation, staffed with personnel from Genuine Parts Company, better known as NAPA. In the Dallas-Fort Worth area, there are three local governments and the Dallas Independent School District that currently outsource their warehouse parts operations with NAPA. All entities reported increased efficiencies and improved productivity as a result of the program. City staff explored the opportunity to enter into an interlocal agreement with other participating entities. However, it was not possible to complete an interlocal agreement within the time period the City needs to have the operation in effect. As a result, an independent personal services contract with NAPA is proposed. The current and continued estimated monthly parts sales for the warehouse is $35,000.00. The contract provides that NAPA will purchase the existing warehouse inventory at the price paid by the City. The City's warehouse hours are from 6 a.m. until 6 p.m., and it has been operated with one warehouse employee with additional support from fleet technicians. The warehouse position became vacant in late June, and the position was eliminated in the 2004-05 budget. The contract with NAPA includes operating expenses of $5,909.00 for one manager, a part-time driver, and other expenses. NAPA will receive a 10% markup over their cost for parts of approximately $3,500.00, resulting in an estimated total Volume 94, page 52 monthly cost of $9,409.00. This will be allocated to all departments based on their usage, as is currently done through this internal services department. The cost to outsource the warehouse operation is roughly equivalent to the cost of providing the same service internally; however, staff anticipates a significant increase in efficiencies and productivity to result from this outsourcing. With more than 500 pieces of equipment to maintain, the Equipment Services staff anticipates substantial improvements in customer services and overall efficiencies using this service. There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting "aye," adopted the amended Resolution No 2004-112 authorizing the City Manager to execute a personal services contract with Genuine Parts Company, or NAPA, to outsource the City's warehouse operation. D.3 CONSIDER AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2004-05 BUDGET AND TAKE APPROPRIATE ACTION. A. SENIOR ADULT SERVICES B. METROCREST CHAMBER OF COMMERCE C. METROCREST SOCIAL SERVICE CENTER D. SPECIAL CARE AND CAREER SERVICES E. FARMERS BRANCH CHAMBER OF COMMERCE Mayor Phelps presented the following information. Agreements have been prepared for the organizations that are funded in the 2004-05 budget. Generally the agreements are similar to the 2003-04 agreements, with financial reporting requirements on a quarterly basis, where appropriate, and submission of a fiscal year financial statement prepared by a certified public accountant. Councilman Walden stated he believes that less taxes are better than more taxes and that less government is better than more government. He stated the City's mandate is for city services, limited government and less taxes. He stated he would not support the expenditures to the social service agencies. Deputy Mayor Pro Tern Bird stated he is in favor of supporting these social service agencies. It was moved by Councilman Robinson, seconded by Mayor Pro Tem Bird, to authorize the City Manager to execute agreements with the following organizations: Senior Adult Services, Metrocrest Chamber of Commerce, Metrocrest Social Service Center, Special Care and Career Services, and Farmers Branch Chamber of Commerce with Councilmembers Smith, Bird, Moses, and volume 94, page 53 Robinson voting "aye," and Councilman Walden voted "nay." This motion carried with a three to one vote. DA CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, HISTORICAL PRESERVATION AND RESTORATION BOARD, METROCREST HOSPITAL AUTHORITY, ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, VALWOOD IMPROVEMENT AUTHORITY AND THE ANIMAL SHELTER ADVISORY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the School-Community Relations Committee would be on the November 15, 2004 City Council meeting. A motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tern Moses, all voting "aye," appointed Marjorie Cutler to the Historical Preservation and Restoration Board. Mayor Phelps stated the Zoning Board of Adjustment and Building Code Board of Appeals appointments would be on the November 15, 2004 City Council meeting. A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," reappointed Gerald V. Pendery, DVM, to the Animal Shelter Advisory Committee. A motion by Councilwoman Smith, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2004-122 appointing Gail M. McFaddin to serve as the Farmers Branch appointee to the Board of Directors of the Metrocrest Hospital Authority Board and Resolution No. 2004-124 reappointing Max Raulins to serve as the Farmers Branch appointee to the Board of Directors of the Metrocrest Hospital Authority. A motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," approved Resolution No. 2004-123 reappointing RL S. Lemke to the Valwood Improvement Authority. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. City Manager Linda Groomer reported on the ICMA Conference, which she and Assistant City Manager Mary Jane Stevenson attended on October 17" through October 20tH D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Volume 94, page 54 I Mayor Pro Tem Moses reported on his meeting with the Korean delegation representing Korean Airlines who are considering choosing Farmers Branch Hotel as their layover spot. Councilwoman Smith stated on October 25th she attended the Planning Division's Winter Speakers Series, Beyond Telecom by Tom Siems with Federal Reserve Bank. Councilwoman Smith reported on the October 27th mini medical school lecture, which she and Councilman Robinson attended. Councilwoman Smith stated on October 27th, City Manager Linda Groomer, Economic Development Director Norma Nichols and she welcomed the Zamboni to the Stars Center. 1 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. AND THEN CONCLUDED AT 7:22 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss property acquisition at the southwest corner of Golfing Green Drive and Webb Chapel Road, Farmers Branch, Texas. Discuss land acquisition of property located at 12815 Bee Street. Discuss land acquisition of property located at 12821 Bee Street. Mayor Phelps stated staff was present to discuss this item with the City Council. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss the Texas Commission on Environmental Quality Inspection and Potential Enforcement Action/Camelot Landfill. 0 Mayor Phelps stated staff was present to discuss these items with the City Council. Volume 94, page 55 L~ 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 Moses, a second by Councilwoman Smith, all voting "aye", approved Resolution No. 2004-127 authorizing the City to purchase the property and authorizing the City Manager or her designee to execute the necessary documents to acquire the property. A motion by Councilwoman Smith, a second by Councilman Walden, all voting "aye", approved Resolution No. 2004-128 authorizing the City to purchase the property and authorizing the City Manager or her designee to execute the necessary documents to acquire the property. Mayor Phelps stated Staff updated Council on the remaining items in Executive Session. I F F.2 ADJOURNMENT. A motion by Mayor Pro Tern Moses, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of November 1, 2004 at 8:28 p.m. N ~ V Bob Phelps, Mayor t Cindee Peters, City Secretary Volume 94, page 56