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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 Volume 97, page 77 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. Volume 97, page 78 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 Volume 97, page 80 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. Volume 97, page 82 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. Volume 97, page 84 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 Volume 97, page 86 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- Volume 97, page 90 089 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