2008-04-15 CC Minutes
City of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, April 15, 2008
6:30 P.M.
The following members of the City Council were present:
Mayor Bob Phelps
Mayor Pro Tern Tim O'Hare
Deputy Mayor Pro Tern Ben Robinson
Councilmembers Jim Smith
David Koch
Tim Scott
The following members of the Administration were present:
City Manager Gary D. Greer
Assistant City Manager Greg Vick
Assistant City Manager Shanna Sims-Bradish
City Secretary Cindee Peters
City Attorney Michael Kallas
Communications Director Tom Bryson
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Library Director Danita Barber
Police Chief Sid Fuller
Fire Chief Kyle King
Mayor Phelps called the City Council meeting of April 15, 2008 to order at 6:35
p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Mayor Phelps gave the invocation and led the pledge of allegiance.
A.2 CONSIDER ACCEPTING A $1,000 DONATION FROM WAL-MART
NEIGHBORHOOD MARKET TO THE FARMERS BRANCH POLICE
DEPARTMENT AND TAKE APPROPRIATE ACTION.
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Mayor Phelps presented the following information. The Wal-Mart Foundation
wishes to make a donation of $1,000 to the Farmers Branch Police Department on
behalf of the Wal-Mart Neighborhood Market located at 430 N. Coit Road
Richardson, Texas. This generous gift demonstrates Wal-Mart Corporation's
continued support of the City of Farmers Branch and its public safety services.
The donation will be utilized by the police department to purchase physical fitness
equipment. The items purchased will help to further enhance the physical fitness
of police department employees benefiting both the employee and the citizens
they serve.
City Administration recommends accepting the $1,000 donation from Wal-Mart.
A motion by Councilman Smith, a second by Councilman Robinson, all voting
"aye", accepted the donation from Wal-Mart.
A.3 CONSIDER ACCEPTING A DONATION OF A BRONZE ART PIECE FROM
THE ARTS FOUNDATION OF FARMERS BRANCH AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Arts Foundation of
Farmers Branch has commissioned renowned artist W. Stanley Proctor to create a
life-sized, bronze firefighter for the Farmers Branch Fire Department. The bronze
will be prominently displayed on an illuminated base located on the street side of
the new Fire Station No. 3 and the Bob Phelps Fire Administration Building.
The bronze is named "Standing Tall" and portrays a Farmers Branch Firefighter
in full gear ready to deploy at an emergency scene. The cost of the bronze was
$40,000 and funding is through donations to the foundation. The City is providing
the mounting base, viewing plaza and installation.
The "Standing Tall" bronze is the second art piece donated to the City by the Arts
Foundation of Farmers Branch. The foundation also donated "Poppy" for the
Veterans Walk located in front of City Hall.
A ceremonial unveiling for "Standing Tall" will occur on May 1, 2008 at 10:00
am at the new Fire Department facilities at 13333 Hutton Drive. The public is
invited to attend.
City Administration recommends accepting the bronze for the Fire Department
from the Arts Foundation of Farmers Branch.
A motion by Councilman Smith, a second by Mayor Pro Tern O'Hare, all voting
"aye" accepted the donation of the bronze art piece for the Fire Department from
the Arts Foundation of Farmers Branch.
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A.4 PRESENTATION OF SERVICE AWARD - NORMA NICHOLS REED OF
ECONOMIC DEVELOPMENT AND TOURISM - 20-YEAR SERVICE
AWARD.
Mayor Phelps presented a 20-year service award to Normal Nichols Reed.
A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND
COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION.
Mayor Phelps stated this item gives applicants an opportunity to present board
applications to the City Council and the City Council to make appointments to
vacancies on boards and commissions.
A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting
"aye", appointed Larry Washington to the Community Watch Committee.
A motion by Councilman Robinson, a second by Councilman Scott, all voting
"aye", reappointed Matt Wenthold, Vicki Goode, Diane Graifemberg, Pat
Edmiston, Gloria Aguilar and Lutha Grigsby to the Library Board.
A motion by Mayor Pro Tem O'Hare, a second by Councilman Koch, all voting
"aye", reappointed Nancy Hardie, Debbie King and Bronson Blackson to the
Planning and Zoning Commission.
A.6 REPORT ON STUDY SESSION ITEMS.
The City Council members gave a brief report on items discussed in the Study
Session.
B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps stated consent items are items that are to be considered that may
not need discussion individually. Any member of the City Council or the
audience may request to withdraw any item from the consent items and place the
item before the Council for full discussion. The concept for consent items is to
speed up discussion for those items that need more time for discussion.
A motion by Mayor Pro Tem O'Hare, a second by Councilman Scott, all voting
"aye", removed items B.5 and B.7 from the consent agenda.
A motion by Councilman Robinson, a second by Councilman Smith, all voting
"aye", approved the consent agenda as amended.
B.I APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 1,
2008.
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B.2 ADOPTED RESOLUTION NO. 2008-031 APPROVING THE
REQUEST BY LIBERTY BANKERS LIFE INSURANCE COMPANY
FOR SITE PLAN APPROVAL OF AN APPROXIMATE 303 SQUARE
FOOT ATTACHED WALL SIGN, INCLUDING VARIANCES TO
NUMBER OF SIGNS AND SIGN AREA REQUIREMENTS AT 1605
LBJ FREEWAY WITHIN PLANNED DEVELOPMENT NO. 78.
B.3 ADOPTED RESOLUTION NO. 2008-020 APPROVING A MUNICIPAL
MAINTENANCE AGREEMENT AND A LANDSCAPE
MAINTENANCE AGREEMENT RELATIVE TO ENHANCEMENTS
ON IH35E AT VALLEY VIEW LANE WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION.
B.4 ADOPTED RESOLUTION NO. 2008-033 APPROVING CHANGE
ORDER NO. 3 TO A CONTRACT FOR THE CONSTRUCTION OF
MERCER CROSSING DEVELOPMENT SIGNS WITH ERWS, INC. IN
THE AMOUNT OF $14,000.
B.5 REMOVED FROM CONSENT.
B.6 ADOPTED RESOLUTION NO. 2008-029 AWARDING THE BID FOR
PAVEMENT STABILIZATION AT VARIOUS LOCATIONS TO
NORTEX CONCRETE LIFT & STABILIZATION IN THE AMOUNT
NOT TO EXCEED $150,000.
B.7 REMOVED FROM CONSENT.
B.5 ADOPTED ORDINANCE NO. 2904 REVISING THE CITY'S DANGEROUS
ANIMAL REGULATIONS.
Mayor Phelps gave the following information. Ordinance No. 2904 revises the
City's dangerous animal ordinance to help reduce the risk of serious injury or
death to citizens and pets in the City.
Key changes include:
• requiring immediate surrender of dangerous animals to the City;
• requiring the municipal court to order euthanasia of animals that are
deemed dangerous and have caused serious bodily injury;
• enabling the municipal court to order euthanasia of at large animals that
injure or kill other domestic animals;
• decreasing the length of time between dangerous animal declarations and
subsequent court hearings;
• requiring written permission from receiving jurisdictions for dangerous
animal relocation if such relocation were to be permitted by the City of
Farmers Branch;
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• providing the Municipal Court the discretion to delegate disposition of a
dangerous animal to City Administration;
• requiring financial assurance during the appeal process to cover dangerous
animal housing costs incurred by the City; and
• establishing additional secure confinement requirements should a
dangerous animal be permitted to remain in the City.
City Manager Gary Greer explained staff had completed the revisions to the
financial and special circumstances section as requested by the City Council in
Study Session.
A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting
"aye", adopted the following captioned Ordinance No. 2904 with the revisions.
AN ORDINANCE OF THE CITY OF FARMERS
BRANCH, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 18,
ARTICLE V, DANGEROUS ANIMALS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
B.7 ADOPTED ORDINANCE NO. 2966 TO REQUIRE MICROCHIPPING OF
ANIMALS IMPOUNDED AT THE CITY'S ANIMAL SHELTER AND
UPDATE ANIMAL SERVICES RELATED FEES.
Mayor Phelps gave the following information. The Animal Shelter Advisory
Committee has recommended that all dogs and cats redeemed or adopted at the
City's shelter be microchipped, and that adoption fees be updated.
Microchipping is a relatively new technology that facilitates reuniting lost animals
with their owners. The process of microchipping an animal entails implanting an
electronic chip about the size of a grain of rice just below the animal's skin. The
microchip can then be scanned to read a unique identifier that is used to determine
the animal's owner. The use of microchip scanners to help find lost animal's
owners is common practice in animal shelters and veterinarian clinics.
The likelihood of a lost animal being claimed by its owner is greatly increased
when the animal has been microchipped. The period of time it takes to reunite the
animal with its owner is also significantly reduced. Impoundment of a lost animal
at the City's shelter may even be prevented if the animal has been microchipped
and it is scanned in the field or by a veterinarian.
Because some animals are impounded more than once, mandatory chipping of all
animals leaving the shelter would benefit operations at the shelter by making it
possible to contact the owner of a stray as soon as the animal is impounded.
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The life expectancy of a microchip exceeds that of the animal in which it is
implanted. The animal's owner can register the microchip with a number of
nationwide registries. Free registration with 24 Petwatch, national microchip
registry, is included with the microchips currently used at the Animal Shelter.
The adoption fees have been reviewed and it has been recommended that all dog
and cat adoptions at the shelter be $70 with up to $35 of the fee being waived for
special adoption events and in times of overcrowding at the shelter. This change
in fee structure would replace the existing $15 fee for adopting already sterilized
animals. The recommended fee for the microchip insertion is $10. All the City's
animal services-related fees would remain consistent with, or lower than those of
all other cities in the Metroplex.
A motion by Councilman Robinson, a second by Councilman Scott, all voting
"aye", adopted the following captioned Ordinance No. 2966 as amended.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 18, ARTICLE III, SECTION 18-74,
IMPOUNDMENT; SECTION 18-190, ADOPTION FEES,
REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
C.1 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2008-032
APPROVING THE FINAL PLAT OF THREE HICKORY ADDITION, BEING
A REPLAT OF A PORTION OF WESTSIDE ADDITION SECTION 1, BLOCK
C; THE ACCEPTANCE OF OFF-SITE EASEMENT DONATIONS; AND A
DEVELOPER'S CONTRACT WITH INCOME OPPORTUNITY REALTY
INVESTORS, INC. AND ART PALM LIMITED PARTNERSHIP, AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The proposed Three Hickory
Addition, owned by Income Opportunity Realty Investors, Inc. and ART Palm
Limited, is an 8.499-acre tract of land located on the south side of Valley View
Lane between Chartwell Crest and Luna Road. The replat subdivides a portion of
Westside Addition Section 1, Block C into one lot; dedicates street rights-of-way;
and dedicates fire lane and utility easements within the newly created lot. The
property is presently undeveloped. A four-story building is proposed for the site.
A Developer's Contract is proposed to address on-site and off-site public
improvements and provides a commitment to participate in the construction of
two streets in the future. In addition, the adjacent property owner, ART Two
Hickory Corporation, is donating off-site mutual access, fire lane, and water
easements separately to connect to the proposed development.
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The proposed Final Plat of Three Hickory Addition conforms to the approved site
plan and is consistent with the Texas Local Government Code and the City's
requirements for platting. The Texas Local Government Code requires that a
public hearing be conducted for the Final Plat of Three Hickory Addition because
it is a replat of a portion of Westside Addition Section 1 and does not vacate a
preceding plat. Written notifications are not required.
The Planning & Zoning Commission recommends approving the proposed Final
Plat of Three Hickory Addition. City Administration recommends approving the
proposed Developer's Contract and accepting the off-site mutual access, fire lane,
and water easement donations.
A motion by Councilman Robinson, a second by Councilman Smith, all voting
"aye", closed the public hearing.
A motion by Councilman Koch, a second by Councilman Scott, all voting "aye",
adopted Resolution No. 2008-032 approving the plat and the Developer's
Contract and accepting the easement donations.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2008-026 AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH DHB,
NETWORKS TO OPERATE AND MAINTAIN A CITYWIDE WIRELESS
(WI-FI) BROADBAND NETWORK AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Kite Networks discontinued
Farmers Branch Wi-Fi operations on December 31, 2007. Similar to other
municipal Wi-Fi systems, the free City Wi-Fi and low cost residential access
model proved not to be sustainable due to hardware and maintenance costs that
could not be supported by the low income produced.
DHB Networks of Dublin, Ohio entered negotiations in late 2007 to acquire the
network assets from Kite Networks and approached the City about the possibility
of operating and managing a Wi-Fi network for City use by adding additional
network assets and utilizing assets currently in place.
Successful municipal Wi-Fi systems around the country utilize a "primary tenant"
based network model. This model has a primary tenant (in this case the City) that
guarantees a minimum income stream for the implementing company. In return,
the primary tenant gets priority access to the network and a dedicated portion of
the bandwidth on the network. This model provides savings for the primary
tenant over having to implement and maintain their own private network. DHB
currently operates a network in Dublin, Ohio under this model.
DHB Networks' offer to the City would significantly improve the City's remote
water meter reading, code enforcement and public safety communication network.
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Free outdoor access in City parks would be provided to anyone with wireless
computer capabilities and would be supported by an ad based system. DHB
would also offer competitively priced high-speed Internet access to business
consumers. Residential access may be available but would not be a primary focus.
DHB's initial non-exclusive contract will utilize the City's right-of-way and will
be for a six-year period with a five-year renewal option. After the network is 100
% implemented outdoors, the City's monthly fee is Eleven Thousand Two
Hundred and Fifty Dollars ($11,250.00). The estimated cost for the City to
install, manage, and operate a similar WiFi network is estimated at $243 million
over a six-year period.
The fee guarantees the City 25% of the available network bandwidth and a
guaranteed network performance of 1.5 Mbps to 3Mbps worst-case scenario.
There would be no fees paid by the City unless the Wi-Fi network is 100%
implemented and City staff and DHB Networks agree there is 100% outdoor
coverage citywide. The system is expected to be operational by July 1, 2008.
Funding for this project will be primarily from the Water and Sewer Fund as the
initial focus will be on developing a remote water meter reading program.
City Administration recommends approval of Resolution 2008-026 authorizing
the City Manager to sign a six-year non-exclusive contract with DHB Networks to
install, operate and maintain a citywide wireless network.
Mr. Gene Bledsoe felt the Wi-Fi net had many advantages for the city and was in
favor of the City passing it.
Ms. Junie Smith felt the Council should take advantage of the Wi-Fi and asked
the City Council to pass this.
Councilman Robinson stated he was still not in favor of the Wi-Fi and felt it was
not a good investment.
Councilman Koch explained this was a tough issue and there were disadvantages
and advantages. Councilman Koch stated this would be an excellent marketing
tool for the City and would help the Police and Fire Departments. Councilman
Koch again stated the contract was written that if the City was not satisfied with
the service, no payment was to be received from the City.
Councilman Scott stated that when this item was on the last agenda he was in
favor of passing it. He stated he had since done research and thinks this
technology may be obsolete in a few years.
Mayor Pro Tern O'Hare wanted to make sure that citizens knew this was not for
residential customers and was not very cost effective.
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A motion by Councilman Robinson to deny Resolution No. 2008-026, a second
by Councilman Scott with Robinson, Scott and O'Hare voting "aye", and
Councilman Koch and Smith voting "aye". The request was denied by a 3 to 2
vote.
D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
There were no travel reports, requests or committee reports.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY
COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL
CONVENED INTO EXECUTIVE SESSION AT 5:40 P.M. AND CONCLUDED AT
6:28 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 LAND ACQUISITIONS -TEXAS GOVERNMENT CODE
SECTION 551.072.
Consider land acquisition issues in the Farmers Branch DART Station Area.
Mayor Phelps stated staff was present to discuss this item with the City Council.
E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE SECTION 551.071.
Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277
Barrietos, et.al., v. Farmers Branch
Villas at Parkside Partners, et. al., v. Farmers Branch
Alfredo Vasquez, et. al., v. Farmers Branch
Valentine Reyes, et.al., v. City of Farmers Branch
Mayor Phelps explained the City Attorney was present to discuss this item.
F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
Mayor Phelps explained there was no action necessary on items discussed in
Executive Session.
F.2 ADJOURNMENT.
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A motion by Councilman Smith, a second by Mayor Pro Tem O'Hare, all voting
"aye", adjourned the City Council meeting of April 15, 2008 7:23 P.M.
T-)
na I \
Bob Phelps, Mayo Cindee Peters, City Secretary
Volume 101, page 19