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2002-10-28 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 28, 2002 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Councilmembers Bob Phelps Charlie Bird Paul Walden Bill Moses Jim Robbs Calla Davis The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Finance Director Chief Accountant Assistant to the City Manager City Attorney Director of Economic Development Fire Chief Police Chief Director of Engineering Director of Public Works Director of Community Services Richard Escalante Linda Groomer John Burke Cindee Peters Charles Cox Mayve Strong John Roach John Boyle Norma Nichols Kyle King Jim Fawcett Jerry Murawski Mark Pavageaux Michael Spicer Communications Director Tom Bryson Assistant Director of Parks and Recreation Jeff Harting Library Director Mary Jane Stevenson Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of October 28, 2002 to order at 7:30 p.m. The meeting was televised. Volume 89, page 68 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Reggie Mayo of the First Baptist Church of Carrollton gave the invocation and Boy Scout Troop 836 from the Presbyterian Convent Church presented the flag, and led the pledge of allegiance. Mayor Phelps welcomed Girl Scout Troop 1540 from Holy Cross Lutheran School who are working on their Model Citizen Badge. A.2 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD. Mayor Phelps presented the following information. The Government Finance Officers Association of the United States and Canada (GFOA) recently presented an award of Distinguished Budget Presentation to the City of Farmers Branch for its 2001-02 budget. The award represents a significant achievement by Farmers Branch. It reflects the commitment of the City Council and staff to meet the highest principles of governmental budgeting. This is the fifth consecutive year that the City has won this award. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 700 entities have received the award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. Mayor Phelps presented the Distinguished Budget Presentation award to Charles Cox, Finance Director, and Mayve Strong, Chief Accountant. A.3 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. Mayor Phelps presented the following information. The City of Farmers Branch was recently notified it received the Certificate of Achievement for Excellence in Financial Reporting for its 2001 Comprehensive Annual Financial Report. This award is given by the Government Finance Officers Association (GFOA) as the highest form of recognition in government accounting and financial reporting. The Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program was founded in 1945. The program was instituted to encourage all government units to prepare and publish an easily readable and understandable comprehensive annual financial report covering all funds and financial transactions of the government during the year. Volume 89, page 69 The GFOA believes that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. These annual 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 this award during the credit evaluation process. The City of Farmers Branch has received a Certificate of Achievement for the past twelve consecutive years. Out of 1,400 governmental units in the State of Texas, fewer than 200 have received this award. Mayor Phelps presented a Certificate of Achievement for Excellence in Financial Reporting to Charles Cox, Finance Director, and Mayve Strong, Chief Accountant. A.4 CONSIDER ACCEPTING A DONATION TO THE HISTORICAL PARK FROM THE IRIS SOCIETY OF DALLAS. Mayor Phelps presented the following information. The Iris Society of Dallas approached the City in 1996 with the proposal of planting an iris garden in the Historical Park in preparation of the 2000 National Iris Convention, which was to be held in Dallas. The Historical Preservation and Restoration Board welcomed the plantings and the visitation to the Historical Park that the plantings would draw during the convention. The convention was a success, with several hundred visitors touring the Historical Park's grounds. Many of the Iris Conventioneers stated that the Historical Park gardens were some of the best of their tour. Because irises multiply and in time require division, a cooperative effort between the City and the Iris Society took place on September 4th, 2002 to dig and divide the irises. The irises were replanted and relabeled and the increases were sold at the Iris Society sale this fall. Thanks to a successful sale, the Society would like to make a donation of $1,151.00 to the Historical Park. The Director of Parks and Recreation recommends accepting the $1,151.00 donation to the Historical Park from the Iris Society of Dallas. A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," accepted the $1,151.00 donation from the Iris Society of Dallas. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year employee service award to Donna Womack of the Public Works Department. Mayor Phelps read a letter from a former citizen thanking all the staff for a job well done. Volume 89, page 70 A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps stated the items discussed were Executive Items and they would be reported on later in the meeting. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated under the title of consent items are items that are to be considered and action taken 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 established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," adopted the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 14, 2002. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF OCTOBER 21, 2002. B.3 ADOPTED RESOLUTION NO. 2002-127 AUTHORIZING THE PURCHASE OF A STREET EASEMENT ON PROPERTY ADDRESSED AS 14350 JOSEY LANE FROM POPCARR LTD. FOR THE JOSEY LANE IMPROVEMENT PROJECT. B.4 ADOPTED RESOLUTION NO. 2002-139 AMENDING RESOLUTION NO. 2002-112 NOMINATING ADEA GROUP INC. AS AN ENTERPRISE ZONE PROJECT. B.5 ADOPTED RESOLUTION NO. 2002-128 APPROVING THE PLANNING AND ZONING COMMISSION RULES OF PROCEDURE. B.6 APPROVED AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2002-03 BUDGET. Volume 89, page 71 1. SENIOR ADULT SERVICES 2. METROCREST CHAMBER OF COMMERCE 3 BROOKHAVEN COLLEGE 4. NORTHWEST FAMILY OUTREACH 5. METROCREST SOCIAL SERVICE CENTER 6. SPECIAL CARE AND CAREER SERVICES C.1 CITIZEN PARTICIPATION. Bill Sheveland, 3185 Golden Oak Court, read a letter to the Mayor and City Council expressing his concerns about the recent cancellation of curbside recycling. John Wells, 13521 Heartside, repeated Mr. Sheveland's concerns about the cancellation of curbside recycling. C.2 PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2631 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2696 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. There are no changes proposed from the current Standards of Care. The Parks and Recreation Director recommends rescinding Ordinance No. 2631 and adopting Ordinance No. 2696 relative to Farmers Branch youth programs' Standards of Care in compliance with Senate Bill 212. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tern Walden, all voting "aye," rescinded the following captioned Ordinance No. 2631 and adopted Ordinance No. 2696. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2631 AND ADOPTING Volume 89, page 72 ORDINANCE NO. 2696 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. D.1 CONSIDER ADOPTING RESOLUTION NO. 2002-142 OPPOSING THE DALLAS REGIONAL MOBILITY COALITION (DRMC) RESOLUTION THAT PROPOSES ALTERNATIVE REVENUE PLEDGES FOR THE DALLAS AREA RAPID TRANSIT (DART) SYSTEM AND SUPPORTING NECESSARY LEGISLATION TO ALLOW EXPANSION AND EXTENSION OF DART SERVICES TO LOCAL GOVERNMENT JURISDICTIONS BY STREAMLINING VOTING PROCEDURES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As charter members of DART since 1983, the taxpayers of Farmers Branch have supported and provided significant funding for the improvement of mobility throughout the region. DART has enjoyed many successes with light rail service, and a line servicing Farmers Branch is due to open in 2008. As these successes have been publicly recognized and as improved mobility has been desired, many other cities in the region have expressed a desire for DART to serve their cities, as well. Current State law and DART policy provide for extension and expansion of DART services to other areas upon the implementation of a one percent sales tax within the existing State cap on sales tax of 8.25 percent. Many of the non-DART cities have adopted an economic development sales tax that would prevent them from allocating a full one percent to DART. These cities and the Dallas Regional Mobility Coalition have expressed an interest in keeping their economic development sales tax and pledging alternative revenue sources that would be equivalent to the one percent sales tax. The City Council and staff have concerns that the use of an alternative revenue pledge equivalent to the one percent sales tax would have serious constitutional, legal, financial, fairness, and practical problems. The proposed resolution supports current State law that does not provide for the use of a revenue pledge. The resolution does provide support for legislative changes that would allow non- DART cities to streamline the voting process by allowing voters to terminate the economic development sales tax and adopt the DART sales tax at the same time rather than being required to vote at separate elections. City staff recommends the adoption of Resolution No. 2002-142 opposing the Dallas Regional Mobility Coalition (DRMC) resolution that proposes alternative revenue pledges for Dallas Area Rapid Transit (DART) System and supporting necessary legislation regarding DART in order to allow expansion and extension of DART Services to Local Government Jurisdictions by streamlining voting procedures. Volume 89, page 73 There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002-142. D.2 CONSIDER ADOPTING RESOLUTION NO. 2002-135 AWARDING THE BID FOR THE RECONSTRUCTION OF GOLDENDALE DRIVE BETWEEN KEYPORT DRIVE AND CLOVERDALE LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2002-2003 Capital Improvement Program, Non-bond fund provides $716,000 for the reconstruction of Goldendale Drive from Keyport Drive to Cloverdale Lane. Goldendale Drive is an asphalt street and will be reconstructed with concrete paving. Drive approaches, sidewalks, water line, sanitary sewer line and drainage improvements are included in the project. Fourteen bids were received and opened on October 8, 2002. All bids met specifications. JRJ Paving, Inc., submitted the low bid in the amount of $446,462.76. JRJ Paving, Inc. has provided adequate qualifications and references, and has performed similar work for the City of Farmers Branch. Construction of this project is scheduled to begin in January 2003, with a contract time of 210 calendar days. The City Engineer recommends the adoption of Resolution No. 2002-135 awarding the bid for the reconstruction of Goldendale Drive to JRJ Paving, Inc. in the amount of $446,462.76. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002-135 awarding the bid for the reconstruction of Goldendale Drive to JRJ Paving, Inc. in the amount of $446,462.76. D.3 CONSIDER APPOINTMENTS TO THE METROCREST HOSPITAL AUTHORITY AND TAKE APPROPRIATE ACTION. A motion by Councilwoman Davis, seconded by Councilman Robbs, all voting "aye," reappointed Max Raulins and Dave Blair to the Metrocrest Hospital Authority for another term. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Volume 89, page 74 Councilman Moses stated last Thursday morning at the Senior Center there were 550 people who received their flu shot. Councilman Robbs gave an update on the Veterans Day celebration on November 11, 2002. He invited everyone to attend. Deputy Mayor Pro Tem Walden stated he and Councilman Moses attended a Farmers Branch Business Review on Tuesday, October 22°d in which Richard Escalante was one of the keynote speakers. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:01 P.M. AND RECESSED AT 7:00 P.M. THEN RECONVENED AT 7:07 P.M. 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 land acquisitions - Texas Government Code Section 551.072. Discuss land acquisition of property at 13408 Dennis Lane and take appropriate action. Discuss lease, sale, or trade of City-owned property located at the southwest corner of Golfing Green Drive and Josey Lane and take appropriate action. Discuss sale or trade or lease of City owned property or acquisition of property located in the area known as Old Farmers Branch and take appropriate action. Mayor Phelps explained that Staff was present to discuss these items with the City Council. E.2 Discuss pending and contemplated litigation - Texas Government Code Section 551.071. Discuss pending litigation regarding Edmond and Liljana Perona vs the City of Farmers Branch, Texas and take appropriate action. Discuss pending or contemplated litigation regarding Thomas and Bonneau, Inc./Branch Crossing and take appropriate action. Volume 89, page 75 Mayor Phelps explained that Staff was present to discuss these items with the City Council. E.3 Discuss Economic Development - Texas Government Code Section 551.087. Discuss Economic Development Incentive and Sales Agreement with Southwestern Bell Telephone Company concerning two tracts of land north of Valley View Lane and on the east side of Denton Drive and take appropriate action. Mayor Phelps explained that Staff was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps called for necessary action on items discussed Executive Session. A motion by Mayor Pro Tem Bird, a second by Councilman Robbs, all voting "aye", authorized the City Manager to pay $120,000 to the owners of the property addressed as 13408 Dennis Lane and execute all necessary documents associated with the sale. Mayor Phelps explained that staff updated the City Council on the remaining land acquisitions, pending and contemplated litigation and economic development items. No action was necessary. F.2 Adjournment. A motion by Deputy Mayor Pro Tern Walden, a second by Councilwoman Davis, all vo "aye", adjourned the City Council meeting of Oc oob r 28, 2002 at 8:20 p• , ! I fj j Bob Phelps, Mayor Cindee Peters, City Secretary Volume 89, page 76