2006-09-05 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, September 5, 2006
6:30 p.m.
The following members of the City Council were present:
Mayor
Mayor Pro Tern
Deputy Mayor Pro Tern
Councilmembers
Bob Phelps
Ben Robinson
Tim O'Hare
Charlie Bird
Bill Moses
Jim Smith
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Secretary
Assistant to the City Manager
Finance Director
City Engineer
Director of Public Works
Director of Parks and Recreation
Police Chief
Fire Chief
Director of Community Services
Director of Communications
Director of Equipment Services
Recording Secretary
Linda Groomer
Mary Jane Stevenson
Greg Vick
Matthew Boyle
Cindee Peters
John Roach
Charles Cox
Jerry Murawski
Mark Pavageaux
Jeff Fuller
Sid Fuller
Kyle King
Michael Spicer
Tom Bryson
Don Moore
Suzanne Reynolds
Mayor Phelps called the City Council meeting of September 5, 2006 to order at
6:30 p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Deputy Mayor Pro Tern O'Hare gave the invocation and Councilman Smith led
the pledge of allegiance.
Volume 97, page 75
Mayor Phelps announced that Executive Session would be heard at the beginning
of the City Council meeting.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA
FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE
REGULAR CITY COUNCIL STUDY SESSION MEETING. MAYOR PHELPS
EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 4:59 P.M. RECESSED AT 5:45 P.M. AND RECONVENED AT
5:55 AND CONCLUDED THE EXECUTIVE SESSION AT 6:20 P.M. FOR
THE REGULAR CITY COUNCIL MEETING AT 6:30 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 PENDING AND CONTEMPLATED LITIGATION/CONSULT
WITH CITY ATTORNEY FOR LEGAL ADVICE - TEXAS GOVERNMENT
CODE SECTION 551.071.
Discuss pending, threatened and contemplated litigation with City Attorney
relative to question of City enforcing laws relative to illegal immigrants.
Mayor Phelps stated the City Attorney presented the Mayor and City Council with
a resolution regarding illegal immigration. Mayor Phelps stated Resolution No.
2006-099 would be sent to all cities, school districts and area community college
districts in the State of Texas. Mayor Phelps proceeded to read the following
captioned Resolution No. 2006-099 in its entirety for the audience and those
watching on television.
CITY OF FARMERS BRANCH
RESOLUTION NO. 2006-099
A RESOLUTION IMPLORING AND URGING PRESIDENT GEORGE
W. BUSH AND THE EXECUTIVE BRANCH OF THE UNITED
STATES GOVERNMENT AND THE UNITED STATES SENATE AND
THE UNITED STATES HOUSE OF REPRESENTATIVES
(CONGRESS) TO STRONGLY ENFORCE THE UNITED STATES
IMMIGRATION AND NATIONALITY ACT, TITLE 8 USC 1101-1536
IMMIGRATION (THE ACT) AND TO APPROVE INTO LAW THIS
FALL OF 2006 ANY AMENDMENTS NECESSARY TO FURTHER
ADDRESS OUR CITIZENS' CONCERNS ABOUT THE NEGATIVE
IMPACT OUR POROUS BORDERS ARE HAVING ON OUR
NATIONAL SECURITY AND THE QUALITY OF LIFE IN OUR
CITIES AND IN OUR STATES AND NATION.
Volume 97, page 76
WHEREAS, our country was founded on the basic principle that we were
a country of laws, not of men, and the absolute necessity to both obey and respect
the law; and
WHEREAS, these principles of government and being a good citizen
have been adhered to since our independence was declared on July 4, 1776, with
the stirring words of our Declaration of Independence, the final ratification of the
United States Constitution in 1789, and the Bill of Rights in 1791, and we have
passed these principles on to each generation, and particularly to our school
children; and
WHEREAS, the Immigrations and Nationality Act, Section United States
Code Title 8 USC 1101-1536, the "Immigration Act," amended substantially in
1986 and 1996, has throughout our history been and continues to be one of our
country's most important laws, virtually any country's most important laws, as it
relates directly to the security of our borders, the security of the country, and our
only means by which we can reasonably assure our citizens that those coming into
our country from other countries are good citizens who will be loyal to this
country and respect the Rule of Law and contribute to the overall welfare of our
citizens and this country; and
WHEREAS, in the last ten (10) or more years, the Immigration Act has
not been strongly enforced and literally millions of individuals have come into our
country in flagrant violation of the Immigration Act, most of the illegal aliens
coming in across our most southerly border; and
WHEREAS, consequently, the border states of Texas, New Mexico,
Arizona and California have been impacted the most from this influx of illegal
aliens, which has been estimated in the millions, the great majority of whom
reside in the border states; and
WHEREAS, it has been estimated that there are currently hundreds of
illegal aliens living in the City of Farmers Branch; and
WHEREAS, our country's open, porous borders are a clear threat to our
national security, which threat was heightened significantly after 9/11; and
WHEREAS, the citizens of this state and nation and the citizens of the
City of Farmers Branch are concerned, worried, upset, frustrated, and downright
mad that President Bush and the Executive Branch of the United States
government has and is totally failing in the enforcement of the Immigration Act as
it relates to the influx of illegal aliens; and
WHEREAS, the citizens of Farmers Branch are just as concerned that our
legislative delegation has been unable to assert itself enough to result in the
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Executive Branch carrying out its sworn responsibilities to enforce the
Immigration Act; and
WHEREAS, if the Executive Branch and our legislative delegation
believe the current Immigration Act is inadequate to address the problems of
millions of illegal, undocumented aliens in our country, then Congress should set
aside its partisan differences, its sectional differences, its philosophical
differences, its concerns about the upcoming elections, and agree on amendments
to the immigration law that are needed and that will enable the Executive Branch
to address the issues; and
WHEREAS, our local citizens are worried and concerned about the
impact of illegal aliens on our national security, crime rates, illicit drug trade, the
negative impacts on property values, public schools, Parkland, our public hospital,
taxes, welfare costs, and other potential major problems, all as reflected in the
attachment to this resolution, which represents a small percentage of the letters
and a-mails received at City Hall relative to this issue; and
WHEREAS, even though the issues are complex, the underlying
important principle is the necessity in this country to obey and respect the laws,
the Rule of Law, and that is not what is happening and is not what has been
happening in this country for at least the last ten (10) years; and
WHEREAS, as witnessed by the letters and e-mails, the citizens of
Farmers Branch, due to the inaction of the Executive and Legislative Branch of
our Federal Government to enforce the Immigration Act, are imploring, urging,
and demanding their City Council to enact its own laws to help in the enforcement
of the Immigration Act; and
WHEREAS, the City of Farmers Branch's City Council is not only
sympathetic to the pleas of its citizens, but is in agreement with the major
concerns expressed and is, consequently, carefully reviewing the role the City can
take to help support and enforce the United States immigration laws and will in
the near future, unless President Bush and the Executive Branch takes positive
and meaningful steps to enforce the immigration law, and unless Congress moves
forward this Fall to approve meaningful legislation, legislation that will assist the
Executive Branch in enforcing the law, out of absolute necessity brought about by
the inaction of our federal government, take whatever steps it legally can to
respond to the legitimate concerns of our citizens about the utter breakdown and
failure of the United States government to enforce immigration laws.
Section 1: That all matters in the above recited preamble are found to be true
and correct and are incorporated into the body of this resolution as
if copied in their entirety.
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Section 2: (A) That the City Council of the City of Farmers Branch urges
and implores President Bush and the Executive Branch to
commence immediately to enforce our immigration laws
and address the serious problem of the breakdown of the
Rule of Law in this country as it relates to the millions of
illegal aliens within our boundaries.
(B) That the United States Congress and particularly our
Congressional delegation from the State of Texas, the
Honorable Kay Bailey Hutchison, the Honorable John
Comyn, members of the United States Senate and all of the
Honorable members of Congress representing the State of
Texas, exert all of their combined wisdom, strength,
influence, and dedication to the Rule of Law to see that a
meaningful amended "Immigration Act" is approved during
the Fall of 2006 that addresses the many concerns of the
citizens of Farmers Branch and of this state and nation.
Section 3: That a copy of this resolution with an accompanying letter signed
by the Mayor and each member of the Farmers Branch City
Council be sent to the Honorable George W. Bush, President of the
United States, to the Honorable Congressional Delegation of the
State of Texas, to Mayors and City Councils of each city in the
State of Texas, and to the President and members of the Board of
Trustees of every School District in the State of Texas.
PASSED AND APPROVED THIS
Mayor Bob Phelps
Deputy Mayor Pro Tern
Tim O'Hare
Councilman Bill Moses
DAY OF 92006.
Mayor Pro Tern
Ben Robinson
Councilman Charlie Bird
Councilman Jim Smith
Volume 97, page 79
ATTEST:
City Secretary, Cindee Peters
APPROVED AS TO FORM
City Attorney, John F. Boyle, Jr.
A motion by Deputy Mayor Pro Tern O'Hare, a second by all the Council,
all voting "aye", approved Resolution No. 2006-099 calling for Congress
to implement immigration reform.
E.2 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE
SECTION 551.074.
Discuss city manager recruitment.
Mayor Phelps stated that Mr. Chuck Rohre with Waters-Oldani Executive
Recruitment updated the Council on the city manager recruitment process.
F.I CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
Mayor Phelps explained no further action was needed on the remaining items in
Executive Session.
Mayor Phelps conducted the Regular City Council meeting.
A.2 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.3 REPORT ON STUDY SESSION ITEMS.
Mayor 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
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audience may request to withdraw any item from the consent items and place the
item before the Council for full discussion. The concept for consent items is to
speed up discussion for those items that need more time for discussion.
A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all
voting "aye," accepted the Consent Agenda as submitted.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST
21, 2006.
B.2 ADOPTED ORDINANCE NO. 2875 AMENDING CHAPTER 82 OF
THE CITY OF FARMERS BRANCH CODE OF ORDINANCES BY
ADDING ARTICLE VI, AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT, SECTIONS 82-401-82-405, MAKING IT A CIVIL
OFFENSE TO RUN A RED LIGHT.
ORDINANCE NO. 2875
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, MAKING IT A CIVIL OFFENSE TO RUN A RED
LIGHT; CREATING ARTICLE VI IN CHAPTER 82 OF THE
FARMERS BRANCH CODE OF ORDINANCES; PROVIDING
FOR A CIVIL PENALTY; PROVIDING FOR CERTAIN
DEFENSES; PROVIDING FOR SEVERABILITY; AND AN
EFFECTIVE DATE.
B.3 ADOPTED RESOLUTION NO. 2006-084 AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SCHRICKEL,
ROLLINS, AND ASSOCIATES, INC. TO PREPARE AN UPDATED
MASTER PLAN FOR THE FARMERS BRANCH HISTORICAL PARK
IN THE AMOUNT OF $30,000.
B.4 ADOPTED RESOLUTION NO. 2006-086 SUPPORTING A
PROFESSIONAL SERVICES AGREEMENT WITH ACE PIPE
CLEANING, INC. IN THE AMOUNT OF $49,838 FOR INSPECTION
OF THE LARGE SANITARY SEWER TUNNEL CONSTRUCTED BY
THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION,
A JOINT VENTURE OF THE TOWN OF ADDISON AND THE CITY
OF FARMERS BRANCH.
B.5 ADOPTED RESOLUTION NO. 2006-091 AUTHORIZING CHANGE
ORDER NO. I IN THE AMOUNT OF $27,500 TO A CONTRACT
WITH RELIABLE PAVING, INC. FOR THE UTILITY CUT REPAIRS
AT VARIOUS LOCATIONS.
Volume 97, page 81
B.6 ADOPTED RESOLUTION NO. 2006-071 AWARDING THE BID FOR
INSTALLATION OF LARGE WATER METERS TO WATER
MANAGEMENT SERVICES IN THE AMOUNT OF $35,773.
B.7 ADOPTED RESOLUTION NO. 2006-090 APPROVING THE
REQUEST OF CENTURY BANK FOR SITE PLAN APPROVAL FOR
AN APPROXIMATE 6,086 SQUARE FOOT BANK WITH DRIVE-
THROUGH LANES AND RETAIL STORE LOCATED AT 13301
MIDWAY ROAD, GENERALLY AT THE NORTHWEST CORNER OF
MIDWAY ROAD AND IH-635 LBJ FREEWAY, INCLUDING
VARIANCES TO PARKING, LOADING AND SIGNAGE
REQUIREMENTS WITHIN PLANNED DEVELOPMENT NO. 68.
C.1 CITIZEN PARTICIPATION.
Mayor Phelps stated if you wish to speak during tonight's Citizen Participation,
please complete one of the cards requesting to do so. At tonight's meeting, during
the scheduled time for Citizen Participation, we will limit discussion to residents
of Farmers Branch. We will then conduct the balance of the scheduled City
business on the agenda. Then if there are additional persons wishing to address
the Council, a second portion of Citizen Participation will be conducted at the end
of the meeting, following Agenda Item No. D.2. All persons should limit their
remarks to two minutes per speaker.
Please note that Section 42.05(a) of the Texas Penal Code states that "a person
commits an offense if, with intent to prevent or disrupt a lawful meeting,
procession, or gathering, he obstructs or interferes with the meeting, procession,
or gathering by physical action or verbal utterance." Your observance and
cooperation in these matters are appreciated.
George Mills, 3040 Topaz, spoke in support of the actions of the City Council
regarding illegal immigration.
Tony Munoz, 2960 Maydelle Lane, spoke in opposition to the proposed ordinance
regarding illegal immmigants.
Greg Stoltz, 13216 Veronica, spoke supporting the resolution regarding illegal
immigration.
David Koch, 3243 Brincrest, spoke supporting Council proposals regarding illegal
immigration.
Howard Ash, 3707 Valley View Lane, spoke supporting Council proposals
regarding illegal immigration.
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Elizabeth Villafranca, 13260 Josey Lane, spoke in opposition to the proposed
ordinance regarding illegal immigration.
Thomas Bohmier, 14506 Oakmont Drive, spoke supporting Council proposals
regarding illegal immigration.
Beverly Frey, 4000 Parkside Center Bouvelard, No. 3509, stated she was not
opposed to immigration but to illegal immigration.
Christopher McGuire, 3703 Wooded Creek Drive, spoke in opposition to the
ordinance proposed by Council regarding illegal immigration.
Joe G. Reynolds, 12117 Brisbane Avenue, spoke in favor of the resolution that
will be sent to the other cities in the State.
Sima Cheregosha, 2713 Cooks Creek Place, spoke supporting the Council
resolution regarding illegal immigration.
Pat Edmiston, 14215 Tanglewood, spoke supporting the Council proposal
regarding illegal immigration.
Becky Fisher, 13935 Stardust, spoke supporting Council proposals regarding
illegal immigration.
David Kirby, 2824 Reedcroft, spoke supporting Council proposals regarding
illegal immigration.
Robin Bernier, 13830 Heartside Place, spoke supporting Council proposals
regarding illegal immigration.
Calla Davis, 2828 Selma, spoke supporting the resolution regarding illegal
immigration.
Susan Loyd, 2906 Marisan, spoke supporting Council proposals regarding illegal
immigration.
Tim Scott, 3008 Eric Lane, spoke supporting the resolution regarding illegal
immigration.
Sue Bucy, 2726 Golfing Green Drive, spoke supporting Council proposals
regarding illegal immigration.
Luis de La Garza, 3125 Brookhollow, stated he would like to see the City work
with residents and find a solution.
Volume 97, page 83
Gary Worthington, 3326 Rolling Knoll, spoke in support of Council proposals
regarding illegal immigration.
Dale Cotton, 3062 Eric Lane, spoke supporting proposals regarding illegal
immigration.
Dave Honnoll, 3022 Eric Lane, stated law enforcement needs to be stronger and
law observance to be a high priority.
Nancy Wilson, Janwood Lane, spoke supporting proposals regarding illegal
immigration.
Jim Manning, 3712 Clubway, suggested the city find new ways to ensure that
Farmers Branch is the best living place to live, work and raise a family.
Adrien Cuellar-McGuire, 3703 Wooded Creek, spoke in support of the Council
resolution and encouraged Council to enforce existing laws on the books rather
than create new ordinances.
Shirley Call, 2824 Bay Meadows, spoke supporting proposals regarding illegal
immigration.
Vernon Smith, 2715 Bay Meadow Circle, spoke supporting proposals regarding
illegal immigration.
Mayor Phelps called for a five minute recess.
City Manager Linda Groomer stated resident Paul Heller's card was inadvertently
placed with the cards of persons wishing to speak regarding zoning cases. Upon
reconvening the meeting, Mayor Phelps recognized Mr. Heller.
Paul Heller, 13806 Wooded Creek Drive, stated during the Study Session he
heard of the Council and staff taking a bus tour of the City to observe and discuss
what constitutes a code violation. He suggested including other Community
Leaders on the tour, or on a second tour to do the same.
C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2879
APPROVING THE REQUEST BY CAMARGOCOPELAND ARCHITECTS,
LLP ON BEHALF OF THE PARISH EPISCOPAL SCHOOL TO AMEND THE
EXISTING SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL INCLUDING
ATHLETIC FACILITIES, ON AN APPROXIMATE 50 ACRE SITE LOCATED
AT 4101 SIGMA ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 64
ZONING DISTRICT AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. During 2001, a specific use
permit was initially approved for a private school, including athletic facilities.
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Subsequent amendments to the approved specific use permit and associated site
plan were approved during 2003 and 2005, which allowed for building expansions
and modifications to the athletic fields area.
Today, the applicant is seeking to amend the approved specific use permit and
associated site plan drawings to allow for modifications to
concessions/restrooms/locker room buildings, future building additions,
landscaping, security, parking lot improvements and the athletic fields area
including increasing the seating capacity for the football and track facility from
1,288 to 3,024 seats.
Important issues associated with the initial specific use permit approval included
safety and security of the campus, ensuring off-street parking for athletic
facilities, lighting and landscaping.
The proposed specific use permit amendment is in keeping with the intent and
parameters stipulated in the approved specific use permit and does not
compromise campus security.
The school currently has an updated Detailed Operational Procedures Plan on file
with the City that is consistent with previous specific use permit and site plan
approvals. If the proposed specific use permit amendment is approved, the
Detailed Operational Procedures Plan will need to be updated by the school to
address changes to the site plan.
The Planning and Zoning Commission voted 6-1 recommending approval of the
proposed specific use permit amendment, with Condition Nos. 1-8 as outlined,
with the omission of Condition No. 3.
Condition Nos. 1, 2, 4, 5, 6, 7 and 8 pertain to the property owner:
• demonstrating compliance with parking requirements including timing of
construction for parking lot improvements;
• lighting;
• maintenance of the existing 10-inch water line;
• replatting;
• approval of building elevation drawings for the batting cages, as well as
for the concessions/restrooms/locker rooms buildings and storage
buildings; and
• submittal of utility plans for the concession/restrooms/locker rooms
buildings.
Condition No. 3 pertains to security of the campus including Police Chief review
of future amendments to the Detailed Operational Procedures Plan, security plan
and surveillance system.
Volume 97, page 85
Proposed Ordinance No. 2879 has been prepared to reflect omission of Condition
No. 3 as recommended by the Planning and Zoning Commission and the proposed
ordinance has been renumbered accordingly.
Mayor Phelps opened the public hearing.
Paul Heller, 13806 Wooded Creek Drive, asked about the implications of
additional paving on storm water runoff and the effect of the abandonment of the
sewer easement along Farmers Branch Creek. City Engineer Jerry Murawski
replied the entire track has storm water detention to mitigate the additional
pavement and easement being abandoned is a sanitary sewer easement that is no
longer needed.
Ed Copeland and Lane Neill, both representing The Parish Episcopal School,
14755 Preston Road, were present to respond to questions of the Council.
A motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Bird, all
voting "aye," closed the public hearing.
There being no further discussion, a motion by Councilman Bird, seconded by
Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned
Ordinance No. 2879 approving the specific use permit amendment.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
BY GRANTING A SPECIFIC USE PERMIT AMENDMENT FOR A
PRIVATE SCHOOL INCLUDING ATHLETIC FACILITIES, ON
AN APPROXIMATE 50-ACRE TRACT OF LAND LOCATED AT
4101 SIGMA ROAD (FORMERLY 13 777 MIDWAY ROAD) AND
WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64)
ZONING DISTRICT; AMENDING AND REPLACING
ORDINANCE 2595; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS;
PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR
AN EFFECTIVE DATE.
C.3 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2006-060
FOR APPROVAL OF THE FINAL PLAT OF THE PARISH EPISCOPAL
SCHOOL BEING A REPLAT OF LOT 1/BLOCK A OF EXXONMOBIL
ADDITION, AND ABANDONING A 20-FOOT UTILITY EASEMENT, AND
TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The proposed Final Plat of
The Parish Episcopal School is a 49.51-acre site at 4101 Sigma Road and is the
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location of a private school. Improvements, consistent with a specific use permit,
have been made to the school that include modifications to restrooms and locker
rooms, landscaping, security, parking lot, and athletic fields. To facilitate the
improvements, portions of fire lanes and easements need to be abandoned and
new fire lanes and easements dedicated.
The proposed Final Plat of The Parish Episcopal School dedicates fire lanes,
drainage easements and a water easement, and abandons an existing drainage
easement dedicated by a previous plat. An existing 20-foot utility easement is
being abandoned separately as it was dedicated by separate dedication deed. The
proposed plat is consistent with the Texas Local Government Code and with City
requirements for a platting and replatting.
The Texas Local Government Code requires that a public hearing be conducted
for all replats that do not vacate a preceding plat. Written notifications are not
required
The Planning & Zoning Commission recommends approval of the Final Plat of
The Parish Episcopal School and the City Engineer recommends abandonment of
the 20-foot utility easement.
Mayor Phelps opened the public hearing.
A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all
voting "aye," closed the public hearing.
There being no further discussion, a motion by Mayor Pro Tem Robinson,
seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2006-
060 approving the Final Plat of The Parish Episcopal School and the
abandonment of a 20-foot utility easement.
CA PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE
FINAL PLAT OF CMI ADDITION BEING A REPLAT OF QUORTRUP
ADDITION AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The proposed CMI Addition
is a 0.49-acre site located at 14020 North Stemmons Freeway and is owned by
CMI Mortgage, Inc. The property previously contained a small building, which
has been demolished.
The owner is proposing a two-story office/retail development and is replatting Lot
1, Block 1 of the Quortrup Addition to dedicate a 15-foot water easement adjacent
to Stemmons Freeway frontage road for an 8-inch water line.
Volume 97, page 87
The plat conforms to the site plan, administratively approved during August 2006
and is consistent with the Texas Local Government Code and with City
requirements for a final plat.
The Texas Local Government Code requires that a public hearing be conducted
for all replats that do not vacate a preceding plat. Written notifications are not
required.
The Planning & Zoning Commission recommends approval of the Final Plat of
CMI Addition.
Mayor Phelps opened the public hearing.
A motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all
voting "aye," closed the public hearing.
There being no discussion, a motion by Councilman Bird, seconded by
Councilman Moses, all voting "aye," approved the Final Plat of CMI Addition.
C.5 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE
FINAL PLAT OF SOUTHEAST DIPLOMAT BUSINESS CENTER ADDITION
BEING A REPLAT OF LOT 1, BLOCK A DIPLOMAT-VALWOOD PARK
ADDITION AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Southeast Diplomat Business
Center Addition, owned by Diplomat Valwood L.P., is a vacant 2.1-acre site
located at 13700 Diplomat Drive and is currently platted as one lot. The property
is being subdivided into two lots with office warehouse buildings proposed for
each lot. The site plan for this development was approved by City Council on
August 7, 2006. The property is being platted to subdivide one lot into two lots,
dedicate a 24-foot fire lane and mutual access easement, and a 15-foot private
sewer easement.
Southeast Diplomat Business Center Addition conforms to the approved site plan
and is consistent with the Texas Local Government Code and with City
requirements for a final plat.
The Texas Local Government Code requires that a public hearing be conducted
for all replats that do not vacate a preceding plat. Written notifications are not
required.
The Planning & Zoning Commission recommends approval of the Final Plat of
Southeast Diplomat Business Center Addition.
Mayor Phelps opened the public hearing.
Volume 97, page 88
A motion by Councilman Smith, seconded by Councilman Moses, all voting
"aye," closed the public hearing.
There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by
Councilman Bird, all voting "aye," approved the Final Plat of Southeast Diplomat
Business Center Addition.
C.6 PUBLIC HEARING: CONSIDER MAINTAINING A $0.4945 PROPERTY
TAX RATE AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. A public hearing is being
held to consider maintaining a 49.45-cent property tax rate for the 2006-07 fiscal
year. In compliance with the State Property Tax Code, the City Council passed a
motion during the August 7, 2006 City Council meeting proposing that the City
maintain a 49.45-cent property tax rate. No tax rate was adopted at that meeting.
Two public hearings regarding this proposal were scheduled, one for August 21,
2006 and the second for this meeting. Final property tax rate adoption is
scheduled during the City Council meeting on September 18, 2006.
The following procedure is recommended:
1. Mayor will open hearing.
2. Comments will be heard from citizens.
3. Hearing will be closed.
4. City Council discussion.
Mayor Phelps opened the public hearing.
There being no discussion, a motion by Councilman Smith, seconded by Mayor
Pro Tem Robinson, all voting "aye," closed the public hearing. No further action
was required by Council.
D.1 CONSIDER ADOPTING RESOLUTION 2006-089 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH REDFLEX TRAFFIC
SYSTEMS FOR THE PROVISIONING OF PHOTOGRAPHIC RED LIGHT
ENFORCEMENT SERVICES AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Red light running at
signalized intersections is detrimental to the health and safety of the driving
public and the citizens of Farmers Branch. The city recently asked Redflex Traffic
Systems to conduct a study of various intersections to determine the prevalence of
red light violations. The resulting study utilized digital video to capture red light
running behavior at six intersections. The digital video, once analyzed, revealed
that 185 red light violations occurred over a 12-hour period at the studied
intersections. This is an average of 31 red light violations per intersection per 12-
hour period.
Volume 97, page 89
Photographic red light enforcement is expected to enhance the health and safety
of the driving public in the City of Farmers Branch with the expectation of
decreased red light violations that can lead to serious right-angle crashes.
Staff is proposing to contract with Redflex Traffic Systems for photographic red
light enforcement, utilizing an interlocal agreement with the Houston Galveston
Area Council of Governments (HGAC) that satisfies State law requirements for
purchasing of this kind of equipment. The installation of this equipment will
allow sworn police officers of the City to provide for automated traffic signal
enforcement as prescribed under Ordinance No. 2875, also included on this
agenda for approval.
The six intersections monitored in the study will be the first to be equipped with
automated red light cameras. Those intersections are:
• Valley View at Luna;
• Valley View at Josey;
• Valley View at Marsh;
• Valwood at Webb Chapel;
• Valwood at Josey; and
• Midway at Alpha
As discussed with City Council during the August 21 budget workshop, the terms
of the contract provide for the installation of photographic red light enforcement
equipment for up to 20 intersections with a contract term of three years to include
an option to extend the terms of the contract up to three (3) additional one-year
periods. Redflex agrees to provide equipment, installation and services with no
up-front cost to the City, utilizing a percentage of collected fines to offset these
cost. Costs associated with administrative personnel and the posting of signage
and other related expenses will be the responsibility of the City. The 2006-07
proposed City budget includes $1.1 million in projected revenues for this
program. These new revenues are expected to be offset by administrative and
enforcement costs, also budgeted at $1.1 million.
The Chief of Police recommends adopting Resolution No. 2006-089 authorizing
the City Manager to execute a contract with Redflex Traffic Systems, utilizing an
interlocal agreement with HGAC, for the provisioning of photographic red light
enforcement services.
Councilman Smith asked for clarification on the 30-day warning. Deputy Chief
Hale replied during the 30-day warning period there would be no citations issued.
After the 30-day warning period civil violations will be issued.
There being no further discussion, a motion by Councilman Bird, seconded by
Deputy Mayor Pro Tern O'Hare, all voting "aye," adopted Resolution No. 2006-
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089 authorizing the City Manager to execute a contract with Redflex Traffic
Systems.
D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
There were no Council travel reports, requests, committee or organizational
reports.
C.1 CITIZEN PARTICIPATION CONTINUED
Mayor Phelps announced the continuation of Citizen Participation from Agenda
Item C.1.
George Cone, Flower Mound, spoke supporting Council proposals regarding
illegal immigration.
Carlos Quintanilla spoke in support of the resolution adopted by the City Council
and expressed his desire to see something positive come from these issues.
Pamela , spoke supporting proposals regarding illegal immigration.
F.2 ADJOURNMENT.
A motion by Mayor Pro Tem Robinson, a second by Councilman Bird, all voting
"aye", adjourned the City Council meeting of September 5, 6 at 8:28 p.m.
`A4
~JV ~ 1
Bob Phelps, Mayor Cindee Peters, City Secretary
Volume 97, page 91