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2001-11-05 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 5, 2001 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Deputy Mayor Pro Tem Charlie Bird Councilmembers Jim Robbs Paul Walden Bill Moses The following members of the City Council was absent: Mayor Pro Tem Calla Davis Paul Walden The following members of the City Administration were present: City Manager Richard Escalante Assistant City Manager John Burke Assistant City Manager Linda Groomer Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Secretary Cindee Peters City Attorney John Boyle Finance Director Charles Cox Communications Director Tom Bryson Director of Community Services Michael Spicer Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Director of Economic Development Norma Nichols City Engineer Jerry Murawski Director of Public Works Mark Pavageaux Director of Equipment Services Don Moore Police Chief Jim Fawcett Fire Chief Kyle King Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of November 5, 2001 to order at 7:34 p.m. The meeting was televised. Volume 87, page 85 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Melody Brummett, Youth Director from Christ United Methodist Church gave the invocation and Councilman Moses led the pledge of allegiance. MAYOR'S ANNOUNCEMENT Mayor Phelps stated to let the record show that Mayor Pro Tem Davis and Councilman Walden were not in attendance. Mayor Pro Tem Davis was in the hospital and Councilman Walden was out of town on business. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," excused the absences of Mayor Pro Tem Davis and Councilman Walden. Deputy Mayor Pro Tem Bird invited and encouraged everyone to attend the Veteran's Day Celebration, to be held on Friday, November 9, 2001 beginning 10:30 a.m. He stated State Senator Florence Shapiro and children from various schools in the area would be participating. Mayor Phelps stated he has received numerous calls complimenting the City for the new signs placed at the entryways of the City and at the Senior Center. Mayor Phelps read the email received by the City Manager updating the progress from his trip to Serbia. Mayor Phelps complimented Mr. Escalante again for all the work he did while in Serbia. A.2 PRESENTATION OF TRANS TEXAS ALLIANCE LIVABLE COMMUNITY AWARDS BEST LIL' ROAD PROJECT. Mayor Phelps presented the following information. On October 11, 2001, the City of Farmers Branch received the "Best Lil' Road Project in Texas" award from the Trans Texas Alliance in a presentation at the Regional Transportation Council in Arlington. The award is given annually to recognize a project that makes an outstanding contribution to the community. Last year's co-winner award went to the North Central Expressway project in Dallas and the US 181 project in Corpus Christi. Mayor Phelps presented the award for the Tom Field Road improvements in Branch Crossing to City Manager Richard Escalante, Traffic Engineer David Davis, and Assistant to the City Manager John Roach. The project was selected as the best in Texas because it used innovative design to solve transportation and traffic operations problems while creating an environment that served as a catalyst for development and revitalization of an older neighborhood. Volume 87, page 86 A.3 PRESENTATION OF AWARD FOR "COMMISSIONER OF THE YEAR" IN THE STATE OF TEXAS TO DAVID MERRITT, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. Mayor Phelps presented the following information. At its annual conference held in October in Houston, the Texas State Chapter of the American Planning Association awarded David Merritt the 2001 Texas American Planning Award for outstanding service as a Planning and Zoning Commissioner. This award is presented annually to the Planning Commissioner in the State of Texas who makes the greatest contribution to the community and the planning discipline through service on a local Planning and Zoning Commission. Mayor Phelps presented David Merritt, Chairman of the Planning and Zoning Commission, with the 2001 Texas American Planning Award for outstanding service as a Planning and Zoning Commissioner. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Rickey Ragan of the Public Works Department. 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. Dennis Redwine, 2624 Dixiana, stated he was pleased that Council and staff were taking a look at the innovative design for the Tom Field Project. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she has concerns about the width of Tom Field Road; she stated she thinks the lanes are too narrow. She would also like the wattage of the light bulbs changed to a smaller wattage, and the exposed wires fixed. Mayor Phelps responded that Tom Field Road was discussed in Study Session and it will be coming back to Council at a later date. He also stated there would be more neighborhood meetings on that subject. The City Council asked staff to repeat their presentation from Study Session on the West Side Plans. Tina Pflughoeft, Senior Planner explained that staff is presently working on updating the City's Comprehensive Plan and that the west side portion of the Plan is being updated first. She stated there are several sections to the west side plan update including history and economic profile sections. Ms. Pflughoeft gave a brief history of the West Side of Farmers Branch highlighting significant events and improvements that affected development on the west side. Volume 87, page 87 Norma Nichols, Director of Economic Development, gave a presentation on the economic profile of the West Side including addressing the City's tax structure and economic development incentive tools that are used to attract businesses to Farmers Branch. Ms. Nichols cited examples of incentives offered to companies located within Farmers Branch and the financial benefit the city has received from those businesses locating their facilities in Farmers Branch. A.6 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 Deputy Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," added D.5 and D.7 to the Consent Agenda. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," accepted the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 15, 2001. B.2 ADOPTED RESOLUTION NO. 2001-116 AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN THE STATE'S CLEAN VEHICLE PROGRAM. B.3 ADOPTED RESOLUTION NO. 2001-114 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ASSOCIATION, INC. FOR A POPS CONCERT, SATURDAY, JUNE 1, 2002 AT 8:00 P.M. IN AN AMOUNT NOT TO EXCEED $29,000. B.4 ADOPTED RESOLUTION NO. 2001-117 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS DISPLAYS. Volume 87, page 88 B.5 APPROVED DEACCESSION ITEMS IN ACCORDANCE WITH THE HISTORICAL PARK'S COLLECTIONS MANAGEMENT POLICY. D.5 ADOPTED RESOLUTION NO. 2001-113 EXECUTING AN AGREEMENT WITH GUTIERREZ, SMOUSE, WILMUT AND ASSOCIATES FOR ENGINEERING DESIGN SERVICES FOR THE RECONSTRUCTION OF GOLDENDALE. D.7 ADOPTED RESOLUTION NO. 2001-118 CASTING A VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. D.1 CONSIDER ADOPTING ORDINANCE NO. 2637 RELATING TO THE CONTINUATION OF COLLECTION OF ELECTRICAL FRANCHISE FEES UNDER THE NEW STATE DEREGULATION REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The State Legislature deregulated the electrical industry in 1999 with an effective date of January 1, 2002. Currently, the franchise fee is calculated as percentage of gross revenues on each customer's bill. The City's franchise fee last year was $2,613,011. With the new state law, franchise fees will be paid on a kilowatt-hour basis. The State determined a method for converting the gross revenue method to a per kilowatt- hour fee. This fee is determined by taking the total franchise fee revenues received by the City in 1998 and dividing it by the total number of kilowatt-hours sold in the City during 1998. This will be the franchise fee charged for every kilowatt-hour sold after January 1, 2002 and will not increase rates for customers. Ordinance No. 2637 outlines the new kilowatt per hour fee structure as calculated per state requirements and that the City of Farmers Branch accepts this fee structure after January 1St. Every electrical company doing business in Farmers Branch will charge this fee to their customers. The City Attorney recommends that the City adopt this ordinance in preparation for the deregulated electrical market in 2002. Staff recommends adopting Ordinance No. 2637 relating to electrical franchise fees. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2637 relating to electrical franchise fees. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS CALCULATED AND PAID UNDER TEXAS UTILITY CODE § 38.008 Volume 87, page 89 FOR EXISTING FRANCHISEES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; AND PROVIDING AN EFFECTIVE DATE. D.2 CONSIDER ADOPTING ORDINANCE NO. 2638 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A RETAIL ELECTRIC PROVIDER FOR THE CITY'S ELECTRICAL USE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1999, The Texas Legislature passed into law Senate Bill 7 which allowed for competition in the electrical industry. Residential and commercial customers will have the right to choose their retail electric provider. The City Council adopted Resolution No. 2001-052 on June 4, 2001 authorizing the City to join a political aggregation group called Governmental Aggregation Project (GAP) for the purpose of joining other cities to aggregate all of the cities' electrical usage to receive a competitive price. Currently, the City's electric bill is over $1.3 million a year for all City facilities. As part of this process a Request For Proposal (RFP) was sent out to retail electric providers. The GAP board is in the process of negotiating a final price with one provider. Because the City will need to execute a contract in a timely manner, possibly within days of the final price being negotiated, to obtain the best price in the volatile energy market, Ordinance No. 2638 authorizes the execution of a contract by the City Manager to purchase the power. The ordinance specifies the terms that must be met in order for the City Manager to enter into an electrical contract. If the terms are not met then the City Manager will not enter into a contract. This contract only applies to the electricity purchased by the City and does not effect residential or commercial customers options regarding electricity purchases. A contract will only be executed if the negotiated price is lower than the price the City is currently paying for electrical usage for all city facilities. Representatives from Fox, Smolen & Arnold, the City's consultant for electric deregulation will be present to answer questions. Staff recommends adopting Ordinance No. 2638 authorizing the City Manager to execute a contract with a retail electric provider for the City's electrical usage. Dennis Redwine, 2624 Dixiana, stated he feels it would be a good thing if the City would get electricity from sources that might reduce its dependence on foreign oil. Margaret Somereve, Assistant to the City Manager, introduced Marilyn Fox with Fox, Smolen & Arnold. Ms. Fox gave a presentation on the retail electric Volume 87, page 90 provider for the City's electrical use. She also stated she would be available to answer any questions the Council may have. Mayor Phelps asked if there was any way to know if this was foreign oil or domestic. Ms. Fox replied it comes from generation that is primarily created inside the ERCOT grid, which is in the central part of the State of Texas. It includes natural gas, coal, lignite and some nuclear. Mayor Phelps stated it is not a big change from what the City is doing now. Ms. Fox replied that was correct. Mr. Escalante asked Ms. Fox if she would be available to give the City an analysis of the latest proposal to determine whether it meets technical requirements of this ordinance. Ms. Fox replied yes. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2638 authorizing the City Manager to execute a contract with a retail electric provider for the City's electrical usage. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRICAL POWER PURCHASE CONTRACT WITH A RETAIL ELECTRIC PROVIDER TO PROVIDE ELECTRIC POWER TO THE CITY IN ACCORDANCE WITH THE AUTHORITY GRANTED IN THIS ORDINANCE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-115 AWARDING THE BID FOR THE CONSTRUCTION OF LAKEWAY BOULEVARD FROM LUNA ROAD TO SENLAC DRIVE TO APAC-TEXAS, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. 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. The first of the proposed public improvements is the construction of Lakeway Boulevard. Lakeway Boulevard is a new street that will be located south and parallel to Valley View Lane between Luna Road and Senlac Drive. Eleven bids for the paving, drainage, and utility improvements associated with Lakeway Boulevard were received and opened on October 9, 2001. All bids met specifications. The low bid meeting specifications was received from APAC- Texas, Inc in the amount of $2,342,040.50. The construction time is specified at 270 calendar days. APAC-Texas, Inc. has submitted adequate qualifications and references for similar work. Volume 87, page 91 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. An agreement with the developer of the property along both sides of Lakeway Boulevard was approved on June 4, 2001, which provides for the developer to advance the funds for construction of the Lakeway Boulevard and be reimbursed when there are sufficient TIF No. 1 funds available. The developer has complied with the terms of the agreement approved on June 4, 2001 and has deposited the funds with the City for the paving, drainage, and utility improvements -associated with Lakeway Boulevard in the amount for $2,576,244.55, which includes the amount of the lowest responsible bid plus ten percent to cover contingencies and potential change orders. The landscaping, irrigation, and streetlight installation will be contracted separately. The City Engineer recommends adopting Resolution 2001-115 awarding the bid for the construction of Lakeway Boulevard from Luna Road to Senlac Drive to APAC-Texas, Inc. in the amount of $2,342,040.50. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2001-115 awarding the bid for the construction of Lakeway Boulevard from Luna Road to Senlac Drive to APAC-Texas, Inc. in the amount of $2,342,040.50. DA CONSIDER ADOPTING RESOLUTION NO.2001-110 APPROVING AN AGREEMENT WITH NATHAN D. MAIER CONSULTING ENGINEERS, INC. FOR DESIGN OF PROTECTION OF SANITARY SEWERS AT TWO LOCATIONS ALONG FARMERS BRANCH CREEK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2001-02 Capital Improvement Program, Non-bond Utility Fund provides $280,000 for long-term erosion protection of the sanitary sewers at the two locations where the sanitary sewers are parallel to the creek channel lineErosion is occurring along the banks of Farmers Branch Creek in the vicinity of two existing sanitary sewer lines. One sanitary sewer is located along the north and west banks of Farmers Branch Creek behind the homes on Veronica Circle. The second sanitary sewer is located near the end of Lost Valley Lane along the north bank of Farmers Branch Creek. An agreement with Nathan D. Maier Consulting Engineers, Inc. is proposed for design of long-term erosion protection at the two locations in an amount not to exceed $119,000. The proposed services consist of coordination and meetings, data collection and field reconnaissance, field survey and geotechnical investigation, hydrologic and hydraulic analysis, design analysis, concept plan, Volume 87, page 92 final design, specifications and construction review services. The design services are scheduled to be completed within eight months. The City Engineer recommends the adoption of Resolution No. 2001-110 approving an agreement with Nathan D. Maier Consulting Engineers, Inc. for design of protection of sanitary sewers at two locations along Farmers Branch Creek. Gaile Gatcomb, 2638 Farmers Branch Lane, asked about the funding of the hardpoints. Richard Escalante, City Manager, replied this is not a hard point project. Ms. Gatcomb asked for an explanation. Jerry Murawski, City Engineer, stated that the two sanitary sewer lines along Farmers Branch Creek are within the banks and lie parallel to the creek channel. The locations are not hardpoint potentials. Mr. Murawski stated the City has an obligation to protect these two sanitary sewer lines. Ms. Gatcomb stated she has concerns about the temporary fix. Mr. Escalante stated in regards to a temporary fix, this is not a temporary fix, and the City is doing the study for the appropriate fix of these two problems. Mr. Murawski explained that the City is proposing a solution that will have a long life. Dennis Redwine, 2624 Dixiana, asked if the engineering firm knows how long long-term is. Mr. Murawski replied a long-term solution would be decades. Ms. Gatcomb asked if residents along Lost Valley have been notified. Mr. Murawski replied they have not been notified yet because the City is going through the processes. There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2001- 110 approving an agreement with Nathan D. Maier Consulting Engineers, Inc. for design of protection of sanitary sewers at two locations along Farmers Branch Creek. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 2001-119 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ADMINISTER THE FISCAL 2001 FEDERAL BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT AND TAKE APPROPRIATE ACTION. Volume 87, page 93 Mayor Phelps presented the following information. The Federal Bureau of Justice Assistance makes funds available to local law enforcement agencies in the form of a non-competitive block grant. The amount of the grant is based on a formula that takes into account current and past crime rates, population, and other factors. The City of Farmers Branch is eligible for $19,050.00 in funds through this program. These funds may be used to purchase law enforcement equipment and pay overtime for specific projects related to local law enforcement. The City is required to match the grant with the amount of $2,117.00. The Chief of Police has proposed taking the required amount of $2,117.00 from the seized funds account for this match. The Chief of Police proposes to use the grant funds to purchase law enforcement equipment, specifically, a fourth desktop radio console for the Communications Division. Before the funds are released to the local agency, a formal Resolution must be passed by the City Council authorizing the City Manager to apply for and administer the grant. Staff recommends adopting Resolution No. 2001-119 authorizing the City Manager to apply for the Federal Bureau of Justice Assistance Block Grant. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution 2001-119 authorizing the City Manager to apply for and administer the fiscal 2001 Federal Block Grant offered by the Bureau of Justice Assistance. D.7 CONSENT. D.8 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, AND VALWOOD IMPROVEMENT AUTHORITY AND TAKE APPROPRIATE ACTION. A motion by Councilman Robbs, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," appointed Whitney Wright and Paul Carter to the School- Community Relations Committee. Mayor Phelps stated the Zoning Board of Adjustment and Building Code Board of Appeals and the Valwood Improvement Authority would be on the next agenda, November 19, 2001. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Volume 87, page 94 D.10 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated on October 24, 2001, Richard Escalante, Dave Davis, and himself attended the North Texas Turnpike Authority meeting in Carrollton. He also stated on October 25, 2001, he attended a Council of Governments Meeting in Arlington and on Friday, he attended a Dallas Regional Mobility Coalition meeting. D.I I CITIZEN PARTICIPATION. Don Richardson, 3618 Chellen Drive, asked the City Council for a status report at the next City Council meeting on the construction project at the corner of Valley View and Marsh Lane. Mayor Phelps stated staff would get in touch with him after the meeting. Ruth Alhilali, 2901 N. Sunbeck, asked why the City Council packet is not posted on the city's web site until Monday morning. Mayor Phelps stated someone would follow up with her after the meeting. Dennis Redwine, 2624 Dixiana, stated he has concerns regarding the Revitalization Program in Branch Crossing. John Wells, 13521 Heartside, stated it would be commendable for the Mayor and City Council to present Mr. Escalante with a letter of commendation for all the work he did when he went to Serbia. Ben Robinson, 13824 Wooded Creek Court, stated that nothing was misrepresented with respect to Branch Crossing and he would like to hear from residents who have proof of such misrepresentation. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she had concerns with the home sizes in Branch Crossing. Mayor Phelps stated staff would contact everyone that had spoken tonight. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adjourned the City Council meeting of November 5, 2001, at 9:13 p.m. Volume 87, page 95 Mayor City Secretary I Volume 87, page 96