City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, January 24, 2005

7:30 P.M.

 

 

The following members of the City Council were present:

 

            Mayor                          Bob Phelps 

            Mayor Pro Tem                       Bill Moses  

            Councilmembers                      Junie Smith   

                                                Ben Robinson

                                                Paul Walden

 

            The following member of the City Council was absent:

 

Deputy Mayor Pro Tem                                         Charlie Bird

 

The following member of the administration were absent:

 

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 Reed

            Fire Chief                Kyle King          

            Police Chief                Jim 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 January 24, 2005 to order at 7:35 p.m.  The meeting was televised.

            Mayor Phelps announced that Deputy Mayor Pro Tem Bird was not in attendance.

 

A.1            INVOCATION AND PLEDGE OF ALLEGIANCE.

 

            Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance.

 

A.2            PRESENTATION OF BOARD APPLICATIONS.

 

There were no applications presented.

 

Mayor Phelps announced the dates for the Community meetings, which will be held on Tuesday, March 29th, 7 p.m. at the Manske Library and Thursday, March 31st, 7 p.m. at the Farmers Branch Senior Center.  He encourages the audience and viewers to attend. 

 

A.3            REPORT ON STUDY SESSION ITEMS.

 

Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session.

 

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 Tem Moses, seconded by Councilwoman Smith, all voting “aye,” adopted the Consent Agenda as submitted.

 

B.1       APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 10, 2005.

 

B.2       ADOPTED RESOLUTION NO. 2005-002 ABANDONING A PORTION OF A UTILITY EASEMENT AND A DRAINAGE EASEMENT ON LOT 1 AND LOT 3, BLOCK A, OF MASON ADDITION, LOCATED AT THE SOUTHWEST CORNER OF BELT LINE ROAD AND MARSH LANE.

 

B.3       ADOPTED RESOLUTION NO. 2005-018 AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT BETWEEN THE CITIES OF PLANO, FARMERS BRANCH, ADDISON, DALLAS, GARLAND, RICHARDSON AND TARRANT COUNTY 9-1-1 DISTRICT, DENCO AREA 9-1-1 DISTRICT AND THE NORTH TEXAS TOLLWAY AUTHORITY TO PROVIDE A PRIVATE SWITCH FOR NTTA FACILITIES.

 

B.4       ADOPTED RESOLUTION NO. 2005-014 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR RENEWAL OF A TRAINING PROVIDER CONTRACT WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION ALLOWING THE CITY OF FARMERS BRANCH TO PROVIDE TRAINING FOR COMMISSION CREDIT TO POLICE PERSONNEL.

 

B.5       ADOPTED RESOLUTION NO. 2005-012 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR JOINT USE OF ATHLETIC FACILITIES.

 

C.1            CITIZEN PARTICIPATION.

 

            There was no citizen participation. 

 

D.1      CONSIDER ADOPTING ORDINANCE NO. 2807 AND RESOLUTION NO. 2005-019 RELATING TO GAS RATES IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION.

 

Mayor Phelps presented the following information.  Atmos Energy Corporation, formerly TXU Gas, filed a rate adjustment with the City of Farmers Branch on December 17, 2004 asking for a gas reliability infrastructure program, or GRIP, surcharge as allowed by state law effective February 15, 2005.  The GRIP surcharge allows Atmos to recover additional invested capital without filing a full rate case.  Atmos has filed a 31-cent increase per month for all residential bills and 84 cents per month for commercial.  

 

The steering committee of cities, in which the City of Farmers Branch participates, is recommending that the City suspend the filing.  Suspension would allow time to review the information and determine if there is a true need for the rate increase.  Proposed Ordinance No. 2807 suspends the rates for an indefinite period of time to allow the steering committee of cities to hire consultants to review the filing.

 

Atmos also filed with the Texas Railroad Commission a request for a gas cost prudence review in Docket No. 9530.   The City has the ability to intervene in the filing.  By intervening in the filing, the City along with the steering committee will have the ability to evaluate if the price paid for natural gas was prudent and if there is a possibility of refunds attributable to excessive gas cost purchases.  If these or other purchases are found to be imprudent by the Commission, Atmos will be ordered to pay refunds to all of its customers.  Resolution No. 2005-019 will authorize the City to intervene in the gas cost prudence docket at the Railroad Commission with the other cities of the steering committee.

 

There will be no cost to the City of Farmers Branch to participate in these filings.  The steering committee will be seeking reimbursement from Atmos for any expenses

Staff recommends adopting Ordinance No. 2807 suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments and adopting Resolution No. 2005-019 authorizing intervention before the Railroad Commission of Texas in gas utilities Docket No. 9530.

 

There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Councilman Walden, all voting “aye,” adopted the following captioned Ordinance No. 2807 suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments for gas utility investment in 2003.

 

AN ORDINANCE BY THE CITY OF FARMERS BRANCH, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES.

 

There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting “aye,” adopted Resolution No. 2005-019 authorizing intervention before the Railroad Commission of Texas in gas utilities docket No. 9530.

 

D.2            CONSIDER RESOLUTION NO. 2005-016 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 AS SUBMITTED BY DELOITTE AND TOUCHE, LLP, AND TAKE APPROPRIATE ACTION.

 

Mayor Phelps presented the following information.  The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 2004 has been completed, and the Comprehensive Annual Financial Report and Report to Management have been submitted to City Council.           Copies of both reports are available to the public at the Farmers Branch Manske Library and the Comprehensive Annual Financial Report is available on the City’s web page.

 

Charles Cox, Finance Director, introduced Reem Samra, an auditor for Deloitte and Touche, LLP.  Ms. Samra, presented a brief presentation to Mayor and City Council regarding the City’s Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2004 and noted that Deloitte and Touche, LLP has given an unqualified “clean” opinion of the comprehensive Annual Financial Report. 

 

John Wells, 13521 Heartside Place, commended Finance Director Charles Cox and his staff for an excellent job on the 2004 Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2004.

 

There being no further discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2005-016 adopting the Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2004.

 

D.3            CONSIDER ADOPTING RESOLUTION NO. 2005-022 OPPOSING TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS AND TAKE APPROPRIATE ACTION.

 

Mayor Phelps presented the following information.  This item was placed on the agenda at the request of Mayor Bob Phelps.

 

In its 2005 session, now underway, the Texas State Legislature is expected to consider a plan to establish a more effective, equitable way to finance public education.

 

Although Texas cities’ portion of the total property tax bill averages only 15 percent, bills have been introduced in the House that would decrease the existing residential appraised value cap from a 10 percent to a 3 percent increase each year. One of the two bills introduced thus far incorporates both residential and commercial property into that 3 percent cap. There is currently no proposal to limit municipal property tax revenue, as there was in last year’s special session, but the issue could still resurface.

 

Any reduced cap on appraisals or limitations on property tax revenue could seriously compromise a City’s ability to continue existing programs or address natural disasters and other unforeseen circumstances including unfunded mandates.

 

For these reasons and others, the Texas Municipal League and other associations of local government entities are working together to oppose any legislative efforts to lower the cap on property appraisals or limit municipal property tax revenue.

 

Mayor Phelps stated the surrounding cities are passing similar resolutions and he encourages the City of Farmers Branch to do the same.

 

There being no further discussion, a motion by Mayor Phelps, seconded by Mayor Pro Tem Moses, Councilmembers Smith, Walden, and Robinson, all voting “aye,” adopted Resolution No. 2005-022 opposing tax system reforms that would negatively affect city revenues and economic development efforts.

 

D.4            CONSIDER ADOPTING RESOLUTION NO. 2005-019 AUTHORIZING THE CITY MANAGER TO PURCHASE DESKTOP COMPUTERS, NETWORK COMPUTER SERVERS AND LAPTOP TABLET COMPUTERS UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS AND TAKE APPROPRIATE ACTION.

 

Mayor Phelps presented the following information.  Sixty desktop computers, eleven network computer servers and five laptop tablet computers are budgeted for replacement or as new additions in the 2004-2005 fiscal year.

 

Quotes were requested from eleven vendors. Three responses were received. Two vendors met or exceeded the City’s minimum configuration and reliability standards for desktop computers and laptop tablet computers.  One vendor met or exceeded the City’s minimum configuration and reliability standards for network computer servers.

 

Gateway submitted the lowest state catalog price of $40,971.50 for the desktop computers and $7,870 for the laptop tablet PCs. Dell submitted the lowest state catalog price of $43,634.65 for the network servers. The total purchase price for all items is $92,476.15.

 

Dell and Gateway have been certified by the Texas Building and Procurement Commission as qualified vendors for Catalog Information Systems Vendor, or CISV, purchases. Funds totaling $92,500 are budgeted in the 2004-2005 departmental budgets for these computer purchases.

 

Staff recommends the purchase of 60 desktop computers for $40,971.50 and five laptop tablet computers for $7,870 from Gateway; and eleven network computer servers for $43,634.65 from Dell.  This total expenditure of $92,476.15 is recommended to be made using the State of Texas catalog purchasing procedures.

 

There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting “aye,” adopted Resolution No. 2005-019 authorizing the city manager to purchase desktop computers, network computer servers and laptop tablet computers utilizing the State of Texas catalog purchasing procedures for automated information systems.

 

D.5            CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION.

 

Mayor Phelps stated this item would be brought back to the February 7, 2005 City Council meeting.

 

D.6            CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

 

A motion by Mayor Pro Tem Moses, seconded by Councilman Walden all voting “aye,” approved travel to Austin during the legislative session update for Mayor, Council and staff.

 

D.7            PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

 

Councilwoman Smith report on the two Metrocrest Hospital Authority meetings she attended on January 18th and January 22nd.  Councilwoman Smith also attended the Planning and Zoning Commissions winder series on January 17th, transit as an Agent of Change.

 

Councilman Robinson reported on the Sister City Committee meeting he attended on January 20th.  Councilman Robinson stated if anyone is interested in hosting a family to contact Traci Leach at 972-919-2584.