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2001-06-04 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, June 4, 2001 6:00 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Calla Davis Councilmembers Charlie Bird Jim Robbs Paul Walden The following member of the City Council were not present: Councilmembers Bill Moses The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager John Roach Assistant to City Manager Margaret Somereve City Attorney John Boyle City Secretary Cindee Peters Communications Director Tom Bryson Director of Community Services Michael Spicer City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jim Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Recording Secretary Suzanne Reynolds A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps called the City Council meeting of June 4, 2001 to order at 6:02 p.m. The meeting was televised. Volume 86, page 68 A.2 PROCLAIM JACK AND LAVERNE GILBERT AS HONORARY, PERMANENT CITIZENS OF THE CITY OF FARMERS BRANCH, TEXAS. Mayor Phelps read and presented Honorary Permanent Citizens Proclamations to Jack and Laverne Gilbert for their dedicated service to the City of Farmers Branch. A.3 RECOGNITION OF G.Y. SPRADLIN FOR 21 YEARS OF SERVICE AS A SCHOOL CROSSING GUARD. Mayor Phelps presented a recognition plaque to Mr. Spradlin for his numerous years of valuable service to the City and Police Department as a school crossing guard. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. 1 B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. A motion by Mayor Pro Tom Davis, seconded by Councilman Robbs, all voting "aye," added agenda item DA to the Consent Agenda. A motion by Mayor Pro Tom Davis, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 21, 2001. B.2 ADOPTED ORDINANCE NO. 2606 GRANTING A LICENSE AGREEMENT TO THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR THE USE OF CITY RIGHT-OF-WAY FOR THE PURPOSE OF INSTALLING A FIBER OPTICS NETWORK. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING A LICENSE TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH FOR THE PURPOSE OF THE INSTALLATION AND Volume 86, page 69 MAINTENANCE OF FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. B.3 ADOPTED RESOLUTION NO. 2001-048 AUTHORIZING THE CITY MANAGER TO ENTER INTO ADDITIONAL DESIGN SERVICES WITH RTKL ASSOCIATES INC. FOR THE PROPOSED RENOVATIONS OF THE FARMERS BRANCH CONFERENCE CENTER. B.4 ADOPTED RESOLUTION NO. 2001-051 AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS AND AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY TXU GAS IN PROCEEDINGS INVOLVING TXU GAS COST RECONCILIATION MATTERS. B.5 ADOPTED ORDINANCE NO. 2604 ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS KNOWN AS AT&T BROADBAND. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC. B.6 ADOPTED RESOLUTION NO. 2001-050 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2001/2002. B.7 ADOPTED RESOLUTION NO. 2001-052 APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF GOVERNMENTAL AGGREGATION PROJECT, A POLITICAL SUBDIVISION CORPORATION AND ACCEPTING MEMBERSHIP IN THE CORPORATION FOR ELECTRIC AGGREGATION. DA ADOPTED RESOLUTION NO. 2001-029 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR VARIOUS SERVICES ASSOCIATED WITH MOLD REMEDIATION AT THE CITY'S CONFERENCE CENTER LOCATED AT 12700 STEMMONS. Mayor Phelps stated Councilman Moses was not in attendance for the Council meeting. Volume 86, page 70 D.1 CONSIDER APPROVAL OF PLAN OF ACTION TO CONTACT PROPERTY OWNERS NEAR SANITARY SEWER CROSSINGS TO DISCUSS THEIR INTEREST IN PARTNERING WITH THE CITY TO CONSTRUCT HARD POINTS AT THOSE LOCATIONS, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the May 7, 2001 City Council meeting, the City Council responded to resident requests for the City to assist in addressing erosion occurring along Farmers Branch Creek. Council directed staff to contact property owners located near sanitary sewer crossings to discuss their interest in partnering with the City to construct erosion control improvements. Crossings may provide an opportunity for the City and property owners to work cooperatively to address the erosion occurring along the creek. Hard points at sanitary sewer crossings could be constructed in a manner that better protects City utilities and makes it easier for property owners to construct their own improvements by reducing the amount of future downcutting. The proposed plan consists of obtaining a preliminary indication from affected property owners as to their interest in cooperating with the City in constructing a hard point that will have positive benefits for both parties. Once the City has received this initial response, staff will meet with property owners at sanitary sewer locations where a majority seemed receptive to the idea of a partnership. Although cooperation of 100% of the property owners near a sanitary sewer crossing may not be required for the construction of a hard point, the cooperation of property owners immediately adjacent to the sanitary sewer crossing will be required. Staff will present an interim report to the Council in July 2001 regarding the responses received from the letters to the property owners and initial meetings with property owners. A full report of the information gathered from all of the meetings will be presented to the Council in October 2001. Staff recommends approval of the plan of action to contact property owners near sanitary sewer crossings to discuss their interest in partnering with the City to construct hard points at those locations. Dennis Redwine, 2624 Dixiana, commended the City Council for moving forward on the creek problem. He stated it is a well-reasoned approach and residents who live along the creek will appreciate it. Carol Dingman, 13223 Glad Acres Drive, asked if the previous action and tonight's action would be opting for Alternative No. 2 in the Erosion and Sedimentation Issues and Policy Alternatives Part 1 report. She also asked Council if there would be a timeframe for discussing other alternatives identified in the report. Mayor Phelps stated staff would be giving Council a full report with the information obtained from meetings with property owners in October 2001. Volume 86, page 71 Mrs. Dingman asked when the City would come up with a policy dealing with the creeks. Mayor Phelps stated this is the first step of a policy; nothing can be done until the Council receives the report in October. Richard Escalante, City Manager, stated staff would present an interim report in July as to the level of interest by property owners. Mrs. Dingman asked if there was ever going to be a discussion on all the alternatives or will it be piecemeal a little at a time. Mr. Escalante stated the idea is to take one step at a time and look at this alternative, bring it back so Council can get an indication of the potential interest of the property owners in the vicinity of each sanitary sewer crossing. This could allow the City to protect its infrastructure while at the same time assisting adjoining property owners in reducing the amount of down cutting. He stated that this does not preclude consideration of other alternatives that are incorporated in the study. Councilman Bird stated the hardpoints are a good place to start. After Council receives the report in October, the City in partnership with residents can decide what needs to be done. Councilman Walden stated he does not feel that the characterization as a "piecemeal" process is accurate as he views it as an evolutionary process. He stated Council would have to obtain a lot of information to determine the results of the first step. The City also needs to determine the citizens' participation before a decision can be made. Councilman Walden stated he feels this will be a long-term project to try and resolve this issue. He stated the Council and the property owners must have patience and work together. Mrs. Dingman recommended that Council look at more than one alternative at a time. Councilman Walden responded the monetary value of this alternative for one or two hardpoints is $600,000 and may require a change in the City pay-as-you-go monetary strategy. Mr. Redwine asked how the City would finance these drainage problems in the City and spoke in support of a drainage fee. Mayor Phelps stated the City does not have the funds to issue bonds. Councilman Bird stated a one or two percent increase in water bills would not provide enough funding. Mayor Pro Tem Davis stated the majority of citizens she has spoken with that do not live along the creek do not want to be taxed for repairs on the creek. Volume 86, page 72 Gail Gatcomb, 2638 Farmers Branch Lane, stated that the Council needs to get this project underway before several residents lose their homes to erosion in the creek. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved a plan of action for staff to contact property owners near sanitary sewer crossings to discuss their interest in partnering with the City to construct hard points at those locations and bring an interim report to the July 16, 2001 City Council meeting. D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-049 APPROVING DEVELOPMENT AGREEMENT NO. 1 FOR THE CONSTRUCTION OF LAKEWAY BOULEVARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On December 21, 1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved by the City Council to fund public street, sidewalk, drainage, water, sanitary sewer, and enhancement improvements on the west side of the City. TIF No. 1 was created to provide a financing tool for the public improvements to encourage and facilitate new development. Six taxing entities are participating in the TIF. Each participating taxing entity is invoiced on an annual basis for a percentage of the incremental increase in taxes generated from new development. The TIF fund is then utilized to finance projects within the approved project plan. The construction of Lakeway Boulevard is the first improvement proposed within TIF No. 1. Lakeway Boulevard is a new street that will be constructed south of Valley View Lane between Luna Road and Senlac Drive. Included with the construction of Lakeway Boulevard is the extension of Senlac Drive south to Lakeway Boulevard. Currently funds available within TIF No. 1 are not sufficient to fund the Lakeway Boulevard improvements. When TIF No. 1 was created, it was contemplated that the developers would fund the initial improvements and that the developers would be reimbursed when there were sufficient TIF No. 1 funds available. The intent to reimburse developers was expressed in Resolution No. 2000-081, approved by the City Council on May 15, 2000. American Realty Trust, Inc. and Income Opportunity Realty Investors, Inc. are the collective developers of the property adjacent to the proposed Lakeway Boulevard. The developers have proposed to advance the City funds for the Lakeway Boulevard improvements. A development agreement has been negotiated with the developers that provides for the City to design and construct the improvements with the developers advancing the funds. The agreement provides for the developers to be reimbursed and the conditions required for Volume 86, page 73 reimbursement. The major conditions are that reimbursement will be made only after sufficient funds are available for reimbursement and other financial obligations are met. The reimbursement will only be for the amount of the funds advanced by the developers and the amount is not to exceed $3,717,700 plus a maximum of 6% interest per year. The amount is based on the estimated cost to design and construct Lakeway Boulevard as determined in the TIF No.I Project Plan and Financing Plan approved by the City Council on July 21, 1999. The Economic Development Director and the City Engineer recommend the adoption of Resolution No. 2001-049 approving the development agreement for the construction on Lakeway Boulevard. A motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2001-049 approving the development agreement for the construction on Lakeway Boulevard. D.3 CONSIDER ADOPTING ORDINANCE NO. 2603 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATE CHARGED BY TCI CABLEVISION OF DALLAS KNOWN AS AT&T BROADBAND AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the applicant has asked that this item be tabled until the July 16, 2001 City Council meeting. A motion by Mayor Pro Tem Davis, seconded by Councilman Bird, all voting "aye," tabled this item until the July 16, 2001 City Council meeting. DA CONSENT. D.5 CONSIDER APPOINTMENTS TO THE TAX INCREMENT FINANCING REINVESTMENT ZONE NO. TWO BOARD AND THE SCHOOL- COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The following members of the Tax Increment Financing Reinvestment Zone No. Two Board have terms that will expire on June 21, 2001: Richard Escalante, Jerry Murawski, John Burke, Jeff Fuller, Linda Groomer, Mary Jane Stevenson, and Margaret Somereve. Carol Dingman, 13223 Glad Acres Drive, asked if city employees were the only members on the Tax Increment Financing Board (TIF). John Boyle, City Attorney, stated TIF boards are made up of a combination of citizens, staff, and councilmembers. He stated he knows of no one that has applied to be on the Tax Increment Financing Board. Volume 86, page 74 Mrs. Dingman asked if the other taxing entities also serve on the TIF boards. Mr. Escalante replied there are representatives from all taxing entities. Mrs. Dingman suggested that perhaps it would be better to have a mix of people on the board for a better balance. Mr. Escalante stated the Council could appoint anyone who meets the requirements of the statute to this position. Mary Creason, 12314 Veronica, asked what is the function of the Tax Increment Financing Board and how do you apply to get on the board. Mr. Escalante stated there are two Tax Increment Financing Boards and their function is to advise the Council on tax related matters in the Tax Increment Financing districts. Mayor Phelps stated if Mrs. Creason or any other resident would like to apply for a board they could contact Cindee Peters, City Secretary, and obtain an application. A motion by Mayor Pro Tem Moses, seconded by Councilman Robbs, all voting "aye," reappointed the following to the Tax Increment Financing Reinvestment Zone No. Two Board for a term of two years: Richard Escalante, Jerry Murawski, John Burke, Jeff Fuller, Linda Groomer, Mary Jane Stevenson, and Margaret Somereve. Mayor Phelps stated the School-Community Relations Committee has six vacant positions from members who have resigned and would be on the next City Council agenda. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Carol Dingman, 13223 Glad Acres Drive, asked what the expense to the City was for Mr. Escalante's trip to Serbia and if he took his vacation time for this trip. Mr. Escalante stated he was asked by the International Republican Institute to travel to Serbia. He stated this is a non-profit organization that is under contract with the United States Agency for International Development and is funded by the federal government. He stated these organizations work with emerging democracies in order to strengthen those democracies to make the world freer and open to trade and spread the ideals of democracy. Mr. Escalante stated during his trip he met with local government officials to discuss with them local government issues. He stated his role was to discuss reform and change in local government. Mr. Escalante met with representatives Volume 86, page 75 of the agency for Public Administration Development that was formed by the prime minister. He also made a presentation at the Center of Modern Skills concerning the strengthening of democracy. Mr. Escalante stated he visited with the Standing Conference of Cities dealing with training and support of local officials. He also met with representatives of four cities who are very dedicated people who have to overcome a lot of obstacles. Mr. Escalante stated he found the trip to be exciting to see people doing what probably happened in the United States over 200 years ago. Mr. Escalante stated the expenses to the City were for some mailings that will be reimbursed by the Federal Grant and minimal use of staff time to make copies of materials that were used on the trip. Additionally, there were several phone calls and use of the Internet in the United States to communicate with staff. He also stated he did not take any vacation time. Councilman Walden stated Mr. Escalante's trip to Serbia was well worth the one- week's salary that the City paid. He feels that it is in the best interest of the world to have democracies flower in Serbia and the Balkens, which has been troubled for many hundreds of years. He feels the City Manager has returned wiser and more enriched as a result of this trip. Dennis Redwine, 2624 Dixiana, commended the City Manager and Council for taking an active roll in helping democracy in Serbia. He stated Ms. Dingman was not privy to this information but that he and Mr. Escalante had discussed his trip to Serbia and the fact that the Democratic Party also has an organization that works in tandem with the Republican organization. Mr. Redwine also stated that as this was a Republican event, Ms. Dingman had a valid point in commenting on this being a Republican organization. Gail Gatcomb, 2638 Farmers Branch Lane, asked Mr. Escalante how he was invited to be a Republican representative to Serbia. Mr. Escalante replied he was not a Republican representative; this was a federally funded program. He stated Judge Lee Jackson with Dallas County nominated him to be considered for Serbia. Ms. Gatcomb requested that Mr. Escalante provide a list of expenses for the trip. Mr. Escalante replied the only cost to the City would be a week's salary, phone calls made in the United States, copies of materials such as old newsletters, annual reports, and a Farmers Branch pen. He stated the Federal Grant would reimburse the City for the mailings. Mr. Escalante stated that the City would not have to pay for any expenses such as hotels, airfare or meals. Ms. Gatcomb asked if the Democratic representative from the City would be asked to go to Serbia. Mr. Escalante replied if he were contacted he would make a recommendation. Volume 86, page 76 MAYOR'S ANNOUNCEMENT Mayor Phelps announced the Boy Scouts arriving were working on their Communication Merit Badge. Rita Olivares stated she was a Communication Merit Badge Counselor and the boys were from Saint Monica, Troop No. 412, part of the Circle 10 Council. She stated the Scouts were working on their Communication Merit Badge and would be observing the meeting. D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated on May 23, 2001 he and Police Lieutenant Jeff Ashabranner who served on the Red Ribbon Committee discussed the Red Ribbon Breakfast, which is tentatively set for October 10, 2001 at the Harvey Hotel in Irving. He stated he volunteered the City's color guard to do the presentation of colors at the meeting. Mayor Phelps stated on Friday, June 1, 2001 at 7:30 a.m. he attended the Dallas Regional Mobility Coalition Meeting. The discussion topic was the meeting that was held in Carrollton on May 31St regarding Alignment No. 10, the section of George Bush Tollway that will cross I-35 at Trinity Mills Road and come down to the I-635/Valley View Lane/Luna Road area. Mayor Phelps gave a brief summary of his meeting at the North Texas Tollway Authority and stated the George Bush Tollway is scheduled to open to I-35 in July. D.8 CITIZEN PARTICIPATION. Ms. Beth Crockett, 2702 Mount View Drive, read her written statement regarding her beliefs that the City Council is not representing all of the citizens of Farmers Branch honestly and openly. Dennis Redwine, 2624 Dixiana, read a prepared statement voicing his opposition to the type of redevelopment in Branch Crossing. John Wells, 13521 Heartside, thanked the City Council and concert staff for all their hard work in bringing the Dallas Symphony Orchestra to the Historical Park. He suggested possible use of the Conference Center for future Dallas Symphony Orchestra rain days. Mr. Wells stated he was proud of Mr. Escalante for going to Serbia. Mr. Wells stated that on Rawhide Creek pathway the citizens walking their dogs are not cleaning up after their pets, even though there are receptacles for that Volume 86, page 77 purpose. He asked if there was an ordinance concerning cleaning up after pets, and if there is, why it is not being enforced. Gail Gatcomb, 2638 Farmers Branch Lane, expressed her concern about the removal of trees in new development in the City of Farmers Branch and the clean up of debris that is associated with construction in the area. She feels it would be appropriate to develop rules to address these concerns. Charles Williams, 2508 Richland, stated he felt that the Federal Government sent Mr. Escalante to Serbia because he was the best person to send. He suggested to Mr. Escalante that he enjoy himself after all the meetings. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 4:45 P.M. AND CONCLUDED AT 5:20 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. Executive Session E.1 Discuss Land Acquisition - Texas Government Code Section 551.072. Discuss land acquisition of property located at the northwest corner of Valley View Lane and Hutton Drive (Alfred Circle) and take appropriate action. Mayor Phelps explained Staff was present to discuss this item with the City Council. E.2 Discuss Economic Development - Texas Government Code Section 551.086. The City Council and City Administration shall go into Executive Session to discuss and deliberate commercial and financial information received from a business prospect the City seeks to have expand in the City; with which business the City is conducting economic development negotiations and take appropriate action. Mayor Phelps explained Staff was present to discuss this item with the City Council. 11 F.1 Consider necessary action on items discussed in the Executive Session. Volume 86, page 78 Mayor Phelps stated Staff updated the City Council on land acquisition and economic development and no action was necessary. F.2 Adjournment. A motion by Councilman Walden, a second by Councilman Robbs, all voting "aye", aourn d 4he City Council meeting of June 4, 2001 at 7:50 p.m. t, City Secretary E Volume 86, page 79