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1993-03-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETIN j , MARCH 993 dv~ COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers: Calla Davis Ron Pyle Bill Moses The following member of the City Council was absent: Councilman: Jeff Binford The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of March 15, 1993 to order at 7:30 P.M.. Vol. 64, Page 15 The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT. Mayor Blair stated that Mr. Merv Cassatt representing the Loyal Order of Moose wished to make a presentation to the City Council. Mr. Cassatt explained the Loyal Order of Moose had a certificate of appreciation for the Farmers Branch Police Department. Mr. Cassatt read the certificate of appreciation and presented it to Assistant City Manager Steve Carpenter. Mr. Cassatt read a proclamation from his organization for the community involvement of the Farmers Branch City Council. Mr. Cassatt presented the proclamation to Mayor Blair. A.2 PRESENTATION OF BOARD APPLICATIONS. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Blair stated that 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. Mayor Pro Tem. Phelps made a motion to add items C.5, C.6, C.7 and C.8 to the consent agenda. Councilman Moses seconded the motion. Mrs. Nancy Cheney asked that items C.6 and C.7 be heard on the regular agenda. An amended motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye", added items C.5 and C.8 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda. Vol. 64, Page 16 B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF MARCH 1, 1993. B.2 APPROVED REQUEST BY HAC INVESTMENTS, INC., FOR FINAL PLAT APPROVAL OF LOT 1, BLOCK 1, HAC ADDITION LOCATED ON VALLEY VIEW LANE, WEST OF IH-35E. B.3 ADOPTED RESOLUTION NO. 93-039 AWARDING THE BID FOR A ULV MOSQUITO SPRAY MACHINE IN THE AMOUNT OF $6,200.00. B.4 ADOPTED RESOLUTION NO. 93-046 APPOINTING A DIRECTOR, PLACE 5, TO THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. C.5 ADOPTED RESOLUTION NUMBER 93-043 CALLING PUBLIC HEARINGS TO CONSIDER AMENDING THE ZONING ORDINANCE BY AMENDING VARIOUS PERFORMANCE AND DEVELOPMENT STANDARDS THAT APPLY TO SPECIFIC PROPERTIES WITHIN THE AREA DESIGNATED AS PUBLIC IMPROVEMENT DISTRICT NUMBER ONE. C.8 ADOPTED RESOLUTION NO. 93-040 CALLING A PUBLIC HEARING ON APRIL 19, 1993 REGARDING ADOPTION OF A NEW CITY-WIDE MASTER THOROUGHFARE PLAN. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the departments of the city. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TEXAS UTILITIES ELECTRIC COMPANY FOR A ELECTRIC RATE INCREASE AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On January 22, 1993 Texas Utilities Electric Company (TU Electric), filed a rate increase request with the Public Utility Commission. The request is for a 15.3 % increase in revenue requirements for TU Electric. On February 15, 1993 the Farmers Branch City Council suspended TU Electric's rate increase request for ninety days. The City Council also set a Public Hearing on the rate request for March 15, 1993. Currently, the City of Farmers Branch is participating in a Steering Committee composed of over 70 cities served by TU Electric to determine if the rate increase is fair or excessive. Consultants hired by the Steering Committee should have conclusions about the proposed increase in April of 1993. Fees for consultants should be reimbursable expenses from TU Electric to cities. Vol. 64, Page 17 Prior to the end of the ninety day suspension period, the City Council is required to either accept or reject the rate increase proposal by TU Electric. Kirk King from TU Electric, will discuss the rate proposal at the City Council meeting. The Assistant City Manager recommends that the Public Hearing be held on the proposed rate increase by Texas Utilities Electric Company and that no other action be taken at this time. Mayor Blair opened the public hearing. Mr. Kirk King, District Manager for TU Electric, stated he had a slide show but would not present it in the interest of time. Mr. King stated TU Electric had been a good partner with the City of Farmers Branch. Mr. King explained TU Electric provides reliable service to the citizens of Farmers Branch. Mr. King stated he would answer any questions from the City Council or citizens. Mr. Vernon Smith, 2715 Bay Meadows, stated he did not believe TU Electric provided a good service to the citizens. Mr. Smith stated at his residence he has had eight power outages in the last month. Mr. Smith stated he also owns a business in Farmers Branch on Josey Lane and it has also had power surges. Mr. Smith stated that TU Electric's equipment was very old and needed to be replaced. Mr. Smith felt with the widening of Josey Lane this would be a opportune time for TU Electric to install their lines underground. Mr. Smith also stated that TU Electric sent their tree trimmers to trim tree limbs from their wires and left be holes in the tree tops. Mr. Smith asked the City Council to hold their position. Ms. Marguerite Ravell, 3465 Rockmartin, stated TU Electric had promised the opening of Glenrose in ten years. Ms. Ravell stated many mistakes were made and cost approximately double the cost as was originally predicted. Ms. Ravell stated the customers should not have to pay for the opening of another unit. Ms. Ravell stated TU Electric should put their wires underground for safety reasons. Mr. King stated TU Electric closely tracks the power outages and extended an offer to further investigate these complaints heard tonight. Mr. King explained to put wires underground would be very costly to the City but he would cooperate with the City if Farmers Branch choose to put in underground wiring when Josey Lane is reconstructed. Mayor Blair asked Mr. King to meet with Mr. Jerry Murawski, City Engineer, to investigate the cost of laying wire underground during the Josey Lane reconstruction. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", closed the public hearing. Vol. 64, Page 18 Mayor Blair stated the City would continue to work with the consultants in the rate increase request. Mayor Blair stated that Mr. King has been a good person to work with and if any citizen has a problem he should contact Mr. King. Mayor Blair stated Farmers Branch would follow the case for the 90 day suspension period. C.3 CONSIDER ADOPTING RESOLUTION NO. 93-049 AUTHORIZING THE CITY OF FARMERS BRANCH TO PARTICIPATE WITH OTHER CITIES SERVED BY TEXAS UTILITIES ELECTRIC COMPANY IN A STEERING COMMITTEE TO INVESTIGATE A RATE INCREASE PROPOSAL BY TEXAS UTILITIES ELECTRIC COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On February 22, 1993, Texas Utilities Electric Company (TU Electric), filed a rate increase with the Public Utility Commission which requests a 15.3 percent increase in revenue for TU Electric. On February 15, 1993 the City of Farmers Branch suspended the proposed rate increase for a ninety day period. Prior to the end of the ninety day period the City must decide to accept or reject the requested increase. Over 70 cities that are served by TU Electric have formed a Steering Committee to determine the validity of the proposed rate increase. City staff is attending these meetings. A decision will be made in April of 1993 on whether the proposed rate increase should be appealed to the Public Utility Commission. A similar Steering Committee was formed in 1989 when TU Electric proposed a rate increase for Unit #1 at Comanche Peak. The City authorized $2,400.00 to be used to appeal that rate increase based on $.10 per capita. This money was not used because rate expenses were reimbursed. These funds have remained in an interest bearing account. The Steering Committee desires to use this money if an appeal is filed concerning the proposed rate increase for Unit #2 at Comanche Peak. Rate appeal expenses should again be reimbursed. Resolution No. 93-049 authorizes the use of the $2,400.00 for an appeal of rate case expenses if needed and further authorizes participation in the Steering Committee. The Assistant City Manager recommends adoption of Resolution No. 93-049 authorizing the City of Farmers Branch to participate in the Steering Committee and authorizing an amount not to exceed $2,400.00 for an appeal of the proposed rate increase if recommended by the Steering Committee. A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye", adopted Resolution No. 93-049 authorizing the City of Farmers Branch to participate in the Steering Committee and authorizing an amount not to exceed $2,400.00 for an appeal of the proposed rate increase if recommended by the Steering Committee. Vol. 64, Page 19 C.4 PUBLIC HEARING: CONSIDER REQUEST BY THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS FOR APPROVAL OF THE ALMA ADDITION, A REPLAT OF LOTS 6 AND 7, BLOCK A, SUNBECK CIRCLE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The subject property is a 2.0 acre tract located on the southern portion of Sunbeck Circle approximately 250 feet east of Josey Lane. The property is zoned One-Family Residence District-2 (R-2) and is the site of an existing church. The property owner wants to replat the property to move the building setback line from 50 feet to 30 feet and dedicate a utility easement. State law requires that a public hearing be held prior to action being taken on any replat within a residentially zoned subdivision. The property owner has not submitted the replat, and has requested and received a continuance of this item at the Planning and Zoning Commission meeting on March 8, 1993. The City Council should continue this public hearing to April 5, 1993, at which time, the Planning and Zoning Commission will have forwarded their recommendation to City Council. Staff recommends that the public hearing be continued until April 5, 1993. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued the public hearing until April 5, 1993. C.5 CONSENT C.6 CONSIDER RESOLUTION NUMBER 93-044 CALLING A PUBLIC HEARING TO CONSIDER THE CREATION OF REINVESTMENT ZONE NUMBER TWO FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT AND AUTHORIZING NOTICE OF SUCH HEARING AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On February 1, 1993, Resolution Number 93-012 was adopted which, along with other items, set a schedule for creating a reinvestment zone where tax abatement may be offered to property owners submitting petitions supporting creation of the Public Improvement District proposed for the eastern commercial and industrial area. A general tax abatement agreement has been prepared that sets forth the provisions, terms and rate of the abatement. A public hearing must be conducted by the City Council prior to a reinvestment zone being created. Resolution Number 93-044 has been proposed calling the public hearing and approving the form of the tax abatement agreement and authorizing its distribution to owners who have submitted a petition. Vol. 64, Page 20 The City Staff recommends that the City Council call a public hearing to consider establishing a Reinvestment Zone, approve the tax abatement agreement and authorize its distribution, by adopting Resolution Number 93-044. Mrs. Nancy Cheney stated she owned two properties in Farmers Branch located at 13855 Welch and 4553 Sigma. Mrs. Cheney stated the assessment should be spread among all the City and not just the eastern portion. Mrs. Cheney explained that some businesses do not use the sewer system as much as many residential homes. Mrs. Cheney felt the public improvement district was not fair. Mrs. Cheney stated many businesses including the hospital and the country club would benefit from this new system. Mrs. Cheney felt the City of Farmers Branch should coordinate funding as Addison had done. Mrs. Cheney stated the City Council should have a special concern over struggling businesses. Mrs. Cheney stated one side of her building had been vacant for over four years. Mrs. Cheney stated during this entire time she paid the full amount of her taxes. Mrs. Cheney stated her business brings in sales tax dollars for the City. Mrs. Cheney explained she and her husband love Farmers Branch including the police protection they receive, the honest and fair taxation and would like to urge the City Council to vote against this type of assessment. Mayor Blair explained in the building boom years the City had an opportunity to impose an impact fee on developers to pay for this new sewer system. Mayor Blair stated the developer's through their lobbying efforts in Austin succeeded in killing any impact fees collection. Mayor Blair stated Farmers Branch had always planned to build a separate sewer system at 100% capacity in Addison or Farmers Branch. Mayor Blair stated the Trinity River Authority has had substantial increases for which Farmers Branch has not passed on to citizens. Mayor Blair stated the settlement on the water rate case with Dallas was used to subsidize these increases. Mayor Blair stated any method used to collect money for this system would never be entirely fair to everybody. Mayor Blair stated that smaller businesses will have an assessment but not as large as bigger businesses such as Mobil Oil. Mayor Blair stated the hospital and country club would not benefit from this new system because it will be a totally separate system for the east side only. Mrs. Cheney asked if the City of Farmers Branch just needed to build another pump station on the east side. Mayor Blair stated another pump station would not correct the sewer problems. Mayor Blair explained Farmers Branch had looked into other alternatives but each one was more expensive than the public improvement district assessment. Mrs. Cheney stated the west, north, south and east sections were all one City. Mrs. Cheney explained the assessment should be shared by other portions of the City. Vol. 64, Page 21 Mayor Blair explained this type assessment used was not unusual because the Valwood Improvement Authority had created a special district for the flood plain. Mayor Blair stated his building was not located in the flood plain but he still contributed to this assessment. Mrs. Cheney felt a utility rate plan was more fair. Mayor Pro Tem Phelps asked how long the public improvement district would be collected. City Manager Richard Escalante stated businesses had two options to choose from on payment of the assessment. Mr. Escalante stated the business could pay the entire amount or could pay out over a 20 year period. Mr. Escalante stated the assessment method affords a vehicle for potential development to be collected. Mr. Escalante stated a utility rate plan would not allow the city to collect on any future development. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 93-044 calling a public hearing for April 19, 1993 to consider establishing Reinvestment Zone Number Two, approving the form of the tax abatement agreement and authorizing its distribution. C.7 CONSIDER RESOLUTION NUMBER 93-047 CALLING A PUBLIC HEARING TO CONSIDER THE CREATION OF PUBLIC IMPROVEMENT DISTRICT NUMBER ONE AND AUTHORIZING NOTICE OF SUCH HEARING AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. For the past several years the City has been working to resolve a major capacity problem that exists in the sanitary sewer system serving the eastern commercial and industrial area. It has been determined that the most economical and environmentally sound solution, is a new major trunk sanitary sewer main jointly constructed with the Town of Addison, serving the eastern commercial and industrial area and a portion of Addison. The cost of the project will be shared by Addison and Farmers Branch. The Farmers Branch portion is proposed to be financed by a public improvement district that will include all of the area east of Marsh Lane, excluding existing residential properties. Before the district can be created a public hearing, giving owners and other interested person an opportunity to speak to the City Council, must be conducted. The City Staff recommends that Resolution Number 93-047 be adopted calling a public hearing to consider establishing Public Improvement District Number One. Vol. 64, Page 22 A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution Number 93-047 calling a public hearing to consider establishing Public Improvement District Number One. C.8 CONSENT DA CONSIDER DART'S FINANCIAL PLAN AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated he had expected to have important information on DART but had not received this information and therefore had nothing to report. D.2 CONSIDER ADOPTING RESOLUTION NO. 93-045 EXTENDING AN AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND SOUTHWESTERN BELL TELEPHONE COMPANY THROUGH THE SIGNING OF A 9-1-1 EMERGENCY SERVICE FEE DECLARATION WHICH CHARGES A FEE UPON RESIDENTIAL AND BUSINESS TELEPHONE LINES TO BE COLLECTED BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE PURPOSE OF FUNDING 9-1-1 EMERGENCY SERVICES AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Ordinance 1753 was passed in June of 1988 whereby the City of Farmers Branch and Southwestern Bell Telephone Company entered an agreement where a charge of .28 cents per residential telephone line and .75 cents per business telephone line is collected by the telephone company. The fee collected is forwarded to the City. A 2 percent administrative fee is charged by Southwestern Bell Telephone Company. The agreement expires March 31, 1993. The revenue collected must be used to fund emergency communications service including the purchase and maintenance of equipment and payment for personnel and related expenses. The estimated total cost for emergency communication service in the 1992-93 fiscal year is $650,000. Approximately $220,000 of the revenue will be generated during the 1992-93 fiscal year from the fee on telephone lines if this resolution is approved. The 1992-93 budget reflects the $220,000 of revenue from this source. Resolution No. 93-045 will extend the agreement until March 31, 1994 with the signing of the attached 9-1-1 Emergency Service Fee Declaration with no change on the fee for residential or business telephone lines. City staff recommends adopting Resolution No. 93-045 which will extend an agreement between the City of Farmers Branch and Southwestern Bell Telephone Company to collect charges on residential and business phones to be used for Emergency 9-1-1 purposes and authorizes the signing of a 9-1-1 Emergency Service Fee Declaration. Vol. 64, Page 23 Mayor Blair stated he had a question in regard to the total amount of $650,000. Mayor Blair asked if this total was directly used in conjunction with the 9-1-1 emergency service. Mr. Escalante stated the entire amount was all related to communications. Mayor Blair asked if the amount we are currently charging covers the 9-1-1 fees. Assistant City Manager Mr. Steve Carpenter stated these fees cover the dispatcher at the police station and three dispatchers at the fire stations. Mayor Blair stated he wanted a comparison of the 9-1-1 charges to see if Farmers Branch had been undercharging or were close to the actual range. Mr. Carpenter stated the City is already examining these figures for next year. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 93-045 which will extend an agreement between the City of Farmers Branch and Southwestern Bell Telephone Company to collect charges on residential and business phones to be used for Emergency 9-1-1 purposes and authorizes the signing of a 9-1-1 Emergency Service Fee Declaration. D.3 CONSIDER ENTERING INTO A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 1, 1993 ELECTION AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Joint City-County Election contract for the May 1, 1993 election is being presented for consideration. The contract provides the same services to the city as last year's contract. The Farmers Branch Library will be the only voting place for the city's election. The Carrollton-Farmers Branch Independent School District has signed a joint contract with the County. The City Secretary recommends the City Manager be authorized to execute a Joint City- County Election Contract. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", authorized the City Manager to execute a Joint City-County Election Contract. Mayor Pro Tem Phelps stated the cost for this election was very reasonable at only $1,730.00. Vol. 64, Page 24 Mayor Blair reminded citizens that two other items would be on the ballot, the special Senate election and the Robin Hood plan for schools. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated he and City staff attended a legislative meeting in Austin on March 11, 1993. Mayor Blair stated this trip was coordinated through the Farmers Branch Chamber and the Metrocrest Chamber. Mayor Blair stated they had opportunities to speak with Representative Marchant, Representative Hardnet, Senator Nelson and Representative Grusendorf of Arlington. Councilwoman Davis reported on the NLC meeting she attended in Washington. Councilwoman Davis stated the cable portion of the meeting was very disillusioning to begin with, but eventually the conference presented some very informative sessions. Councilwoman Davis stated the energy portion of the meeting included prioritization on water testing. Councilwoman Davis stated they heard from Henry Cisneros and believe he will be a great asset to HUD. Mr. Escalante stated he attended sessions on transportation and drugs in the work place. Mr. Escalante stated this NLC meeting was the best he had attended. Mr. Escalante stated many members from the President's cabinet were also in attendance. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved travel for the Mayor, members of City Council and the City Manager to attend legislative meetings in Austin for the remainder of the Legislative Session when necessary. D.5 CITIZEN PARTICIPATION. Mayor Blair asked Mr. Hill who applied for appointment on the Industrial Board who he had been employed with to receive his extensive experience. Mr. Hill came forward and stated his previous employers. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION ON THE ITEMS BEGAN AT 6:03 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:26 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2, OF THE OPEN MEETING LAW PROVIDES THAT Vol. 64, Page 25 SUCH ITEMS AS PERSONNEL MATTERS AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN THE EXECUTIVE SESSION. E.la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS NAMING WOMAN OF THE YEAR. 2. DISCUSS APPOINTMENTS OF PARK AND RECREATION BOARD. Discussions were held relating to naming the woman of the year and appointments to the Park and Recreation Board. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS POTENTIAL LITIGATION RELATIVE TO THE WALKER COMPLAINT. City Attorney John Boyle, and Attorney David Petruska presented a report on the Walker complaint and related matters. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the Council will consider naming the woman of the year at a later date. To honor the request of Ken Rymer, Place 4 of the Parks and Recreation Board, to be moved to an alternate position, Mayor Blair made a motion to appoint Allan Moore to serve Place 4 and appointed Ken Rymer to serve Alternate Place 1 position. Councilman Moses seconded the motion and all voted "aye". E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary on pending and contemplated litigation discussed in the Executive Session. F.1 ADJOURNMENT. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", 'adjo ed the City Council meeting of March 15, 1993, at 8:54 P.M. ``day or ~l' ity Secretary Vol. 64, Page 26