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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. Volume 101, page 146 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. Volume 101, page 147 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. Volume 101, page 148 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. Volume 101, page 149 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. Volume 101, page 150 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. Volume 101, page 151 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. Volume 101, page 152 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. 0 Po Ben Robinson, Mayor Pro Tem 6A zz---Z~ I I n v r r ~ }4 i Cindee Peters, City Secretary Volume 101, page 153