2008-12-16 CC MinutesCity of Farmers Branch
City Council Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, December 16, 2008
6:30 P.M.
The following members of the Council were present:
Mayor Pro Tern Ben Robinson
Deputy Mayor Pro Tern David Koch
Councilmembers Tim Scott
Jim Smith
Harold Froehlich
The following member of the Council was absent:
Mayor Tim O'Hare
The following members of the Administration were present:
City Manager
Gary Greer
Assistant City Manager
Greg Vick
Assistant City Manager
Shanna Sims-Bradish
City Secretary
Cindee Peters
City Attorney
Pete Smith
Director of Parks and Recreation
Jeff Fuller
City Engineer
Jerry Murawski
Director of Community Services
Michael Spicer
Director of Public Works
Mark Pavageaux
Library Director
Danita Barber
Director of Communications
Tom Bryson
Police Chief
Sid Fuller
Fire Chief
Kyle King
A.1 DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS.
City Council discussed items on the regular agenda.
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B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Reverend W. W. Baker gave the invocation and Councilman Harold Froehlich led the
pledge of allegiance.
B.2 RECOGNIZE THE COMMUNICATIONS DEPARTMENT FOR RECEIVING TWO
NATIONAL AWARDS FROM THE 3CMA ORGANIZATION.
Mayor Pro Tern Ben Robinson stated the City-County Communications and Marketing
Association (3CMA) brings together professionals in the fields of municipal and county
government communications and marketing for networking and education. The Savvy
Awards are the pinnacle of the 3CMA professional year and the most sought-after prizes
in municipal communications.
At the 3CMA 20th Annual Conference, held in October, the City of Farmers Branch
Communications Department was recognized with two national awards during the Savvy
ceremonies.
The 2007 Farmers Branch Annual Report received the "Award of Excellence" for print
publications while the organization and scope of the DART Station Groundbreaking
event received the "Silver Circle" in the category of special events. These represent the
fifth and sixth times that the City of Farmers Branch has been recognized nationally
during the 3CMA Savvy awards competition.
During the conference, City Manager Gary Greer and Communications Director Tom
Bryson each presented sessions to the assembled membership from across the Country.
Additionally, Tom Bryson continues to represent the City of Farmers Branch on the
3CMA National Board of Directors.
Mayor Pro Tern Ben Robinson presented the plaques to Tom Bryson, Duane Bishop and
John Campbell.
B.3 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION
APPOINTMENTS AND TAKE APPROPRIATE ACTION.
Mayor Pro Tem Ben Robinson stated there are three vacancies on the Senior Advisory
Board.
There are two vacancies on the Tax Increment Finance Boards I and 2 with the
resignation of Linda Groomer and Margaret Somereve. City Administration recommends
that Kyle King and Steve Parker be appointed to the Tax Increment Finance Boards 1 and
2.
There are two vacancies on the Library Board due to the removal of Matt Wenthold and
Diane Graifemberg.
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A motion by Councilman Koch, a second by Councilman Scott, all voting "aye",
appointed Fire Chief Kyle King and Deputy Fire Chief Steve Parker to the Tax Increment
Finance Boards 1 and 2.
B.4 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief report on the items discussed in Study Session.
B.5 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY
EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING
BEAUTIFICATION TO THE CITY. DECEMBER AWARD WINNERS ARE BEING
RECOGNIZED FOR EXCELLENCE IN HOLIDAY LIGHTING.
Mayor Pro Tem Ben Robinson explained one of the Goals of the City Council is to
improve the appearance of the City of Farmers Branch by encouraging neighborhood
beautification. The Yard of the Month program, begun on August 1, 2007, was put into
place to achieve this goal, and to recognize homeowners who added beauty to their
neighborhood with the landscaping and upkeep of their yard. The City was divided into
quadrants, therefore awarding four yards each month. The panel of judges comprised of
various City staff, City officials and horticulture specialists changes each month.
December award winners were judged based on exterior lighting and decorations. The
awards for December Yards of the Month were presented to the following by Mayor Pro
Tem Ben Robinson:
North East Quadrant- Kenny Pharr - 14535 Southern Pines Cove
- In conjunction with their holiday display, the Pharrs have collected more than
400 pounds of food for Metrocrest Social Services.
South East Quadrant - Robert Natho - 3714 Crestpark
North West Quadrant - Michael Gardner - 2734 Golfing Green - Not present
South West Quadrant - John Nabors - 2881 Selma - Not present
C. CONSENT AGENDA
Mayor Pro Tem. Robinson 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 consent items is to speed up discussion for
those items that need more time for discussion.
A motion by Councilman Koch, a second by Councilman Smith, all voting "aye",
removed item C.9 from the consent agenda to the regular agenda as item E.0 and
approved the consent agenda as revised.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER
2, 2008.
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C.2 ADOPTED RESOLUTION NO. 2008-111 APPROVING AMENDMENTS TO
THREE PROFESSIONAL DESIGN SERVICE AGREEMENTS WITH PATE
ENGINEERING, INC. RELATIVE TO THE MERCER CROSSING PUBLIC
IMPROVEMENTS.
C.3 ADOPTED ORDINANCE NO. 3009 SETTING DELINQUENT PROPERTY
TAX COLLECTION FEES AND AMENDING CHAPTER 78, ARTICLE II,
DIVISION 1, SECTION 78-31 OF THE FARMERS BRANCH CODE OF
ORDINANCES.
ORDINANCE NO. 3009
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
SETTING DELINQUENT PROPERTY TAX COLLECTION FEES AND
AMENDING CHAPTER 78, ARTICLE II, DIVISION 1, SECTION 78-
31 OF THE FARMERS BRANCH CODE OF ORDINANCES
CA ADOPTED ORDINANCE NO. 3010 ABANDONING AFIRE LANE
EASEMENT AT FARMERS BRANCH ELEMENTARY SCHOOL.
ORDINANCE NO. 3010
AN ORDINANCE OF THE CITY OF FARMERS BRANCH
ABANDONING A PORTION OF A FIRE LANE EASEMENT
DEDICATED AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE
FOR RECORDING IN THE REAL PROPERTY RECORDS OF
DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AND
PROVIDING AN EFFECTIVE DATE.
C.5 ADOPTED RESOLUTION NO. 2008-116 AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH STATE TAX GROUP, LLC FOR HOTEL OCCUPANCY
TAX ANALYSIS SERVICES.
C.6 ADOPTED RESOLUTION NO. 2008-118 AWARDING THE BID FOR THE
SENIOR CENTER PARKING LOT EXPANSION TO RELIABLE PAVING,
INC. IN THE AMOUNT OF $65,077.
C.7 ADOPTED ORDINANCE NO. 3006 SETTING SEWER FEES AND
AMENDING APPENDIX A - FEE SCHEDULE, CHAPTER 86 - UTILITIES
OF THE FARMERS BRANCH CODE OF ORDINANCES.
ORDINANCE NO. 3006
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING UTILITY FEES BY AMENDING THE FARMERS
BRANCH CODE OF ORDINANCES, APPENDIX A - FEE
SCHEDULE, CHAPTER 86.
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C.8 ADOPTED RESOLUTION NO. 2008-115 AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE
LEASE AGREEMENT BY AND BETWEEN THE CITY OF FARMERS
BRANCH AND CLUB SOCCER, INC.
E.0 CONSIDER MEETING DATES IN JANUARY.
Councilman Koch stated that typically the City Council does not hold the first meeting
in January because of the holiday and lack of action needed by the Council.
A motion by Councilman Koch, a second by Councilman Smith, all voting "aye",
canceled the January 6, 2009 meeting and to hold only the January 20, 2009 meeting.
E.1 CONSIDER ADOPTING ORDINANCE NO. 3005 AMENDING APPENDIX A,
SUBSECTION 26-114 OF THE CODE OF ORDINANCES AS IT RELATES TO THE
LICENSE FEE FOR APARTMENT COMPLEX RENTAL LICENSES AND TAKE
APPROPRIATE ACTION.
Jim Olk, Building Official stated at the November 18, 2008 Council Meeting City staff
made a presentation regarding the cost of administering the Apartment License and
Inspection Program compared to the license fee and recommended that the fee be
amended. Council tabled action on the item and directed staff to study the possibility of
implementing an apartment license fee structure that would provide greater equitability in
assessing the license fee based on the number of inspections required at each complex.
Staff completed a study and developed a license fee schedule for the apartment license
program that establishes a base license rate of $15.00 per unit. The current license rate is
$10.00 per unit. A base rate of $15.00 would defray a large portion of the costs for one
annual inspection. However, the apartment license program requires that apartment
complexes that have less than 95% of the units passing inspection be inspected twice
annually. To defray a portion of the additional costs to perform the second annual
inspection an additional license fee of $15.00 per unit would be assessed on those
apartment complexes.
A motion by Councilman Koch, a second by Councilman Smith, all voting "aye",
adopted the following captioned Ordinance No. 3005 amending Appendix A, subsection
26-114 as it relates to the Apartment Complex Rental License fees.
ORDINANCE NO. 3005
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING APPENDIX A, SUBSECTION 26-114 OF THE CODE OF
ORDINANCES AS IT RELATES TO THE APARTMENT COMPLEX
RENTAL LICENSE FEE; REPEALING ALL ORDINANCES OR
PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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E.2 CHIEF OF POLICE WILL INTRODUCE THE PROPERTY IDENTIFICATION
PROGRAM, A NEW AND PROGRESSIVE PUBLIC SAFETY INITIATIVE THAT
UTILIZES TECHNOLOGY TO PREVENT CRIME AND TO ASSIST POLICE IN
RECOVERING STOLEN PROPERTY.
Police Chief Sid Fuller explained the Property Identification Program is a proactive
program that provides Farmers Branch residents the opportunity and materials to protect
expensive personal property from theft and to assist police in returning property that has
been stolen.
A phone call to the Farmers Branch Police Department will start the process and get a
unique reference code assigned. The resident will then receive a packet of material which
will include bar code stickers, an inventory sheet, window decals and a yard sign (if
requested). Step by step instructions will guide the resident through the process of
marking their property.
The police department only retains basic contact information and the reference number.
The Personal Property Inventory Log will be maintained in a safe place by the resident.
This program allows residents to make their home less attractive to burglars by clearly
identifying their participation in this program through a yard sign and window decals. In
the event of a burglary, the chances of the property being recovered and a suspect
arrested are much higher if the property can be identified.
E.3 CONSIDER APPROVING THE DART FARMERS BRANCH STATION COLUMN
CONCEPT AND PROVIDING STAFF FURTHER DIRECTION ON THE ART
DESIGN ELEMENTS AND TAKE APPROPRIATE ACTION.
Jerry Murawski, City Engineer, stated the City Council has requested that Dallas Area
Rapid Transit change some of the art design elements at Farmers Branch Station. DART
staff is cooperating with City staff to effect changes to the design of the columns for the
arbor and canopies, adding of rose bushes throughout the station, selecting the pictures
for the windscreens, and minor changes to some of the paint colors.
City staff has prepared a new design concept for the columns based on City Council
discussion on December 2, 2008. If the new design concept is acceptable to the City
Council, it will be forwarded to DART for implementation.
City administration is bringing forward the ideas that have developed so the Council is
aware of the direction the project is going. After review of the direction and approval of
same, staff will move forward to work with DART to bring about the changes in an
efficient and effective manner.
A motion by Councilman Koch, a second by Councilman Smith, all voting "aye",
approved the new design concept for the columns.
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EA CONSIDER REQUEST OF NOAH SHAPIRO REGARDING THE RESIDENTIAL
INCENTIVE PROGRAM ON NEW HOMES AND TAKE APPROPRIATE ACTION.
Mr. Noah Shapiro stated he had recently purchased a new home at 2610 Dixiana Drive.
Mr. Shapiro explained he submitted his completed application on October 30, 2008 after
the New Homes Buyer Incentive Program ended on September 30, 2008.
Mr. Shapiro would like to discuss the possibility of having his application approved for
the New Homes Buyer Incentive Program incentives.
There followed a lengthy discussion concerning the events that took place and why he
had not submitted his application on time.
A motion by Councilman Koch, a second by Councilman Scott, with Koch, Robinson and
Scott voting "aye", and Froehlich and Smith voting "nay" to provide an incentive
program that would include free water billing not to exceed $2,000 in a year, a two year
family enrollment in the Farmers Branch Recreation Center and a consultation with Park
Landscape Manager Pam Smith. The motion carried by a 3 to 2 vote.
0
E.5 CONSIDER ADOPTING RESOLUTION NO. 2008-119 APPROVING AN
AGREEMENT WITH PACHECO KOCH CONSULTING ENGINEERS FOR
ENGINEERING SERVICES ASSOCIATED WITH FARMERS BRANCH STATION
PHASE 1 PUBLIC IMPROVEMENTS AND TAKE APPROPRIATE ACTION.
Jerry Murawski, City Engineer, stated the 2008-09 Capital Improvement Program has
funds budgeted for public improvements within the Farmers Branch Station area. The
first phase of improvements will consist of reconstructing Bee Street between Valley
View Lane and Pepperwood Street, relocating Bee Street east between Pepperwood
Street and Bill Moses Parkway, and connecting Bill Moses Parkway with William
Dodson Parkway. Included with the improvements are the water lines, sanitary sewer
lines, storm sewer, and conduit for telephone, electricity, and cable television.
A professional services agreement has been negotiated with Pacheco Koch Consulting
Engineers to design the proposed improvements in the amount of $133,568 with a
contract time of 150 calendar days. Pacheco Koch Consulting Engineers was selected
because the firm has done boundary and utility surveys and developed utility and
drainage master plans for the area.
A motion by Councilman Smith, a second by Councilman Koch, all voting "aye",
adopted Resolution No. 2008-119 approving an agreement with Pacheco Koch
Consulting Engineers for engineering services associated with Farmers Branch Station
Phase 1 Public Improvements.
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C
E.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE
APPROPRIATE ACTION.
There were no travel reports or requests.
G.1 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilman Koch, all voting "aye",
adjourned the City Council meeting of December 16, 2008 at 7:40 p.m.
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Ben Robinson, Mayor Pro Tem
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Cindee Peters, City Secretary
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