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2008-08-12 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, August 12, 2008 6:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich 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 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 Director of Human Resources Kathy Shields Police Chief Sid Fuller Fire Chief Kyle King Mayor O'Hare called the City Council meeting of July 15, 2008 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Tim Scott gave the invocation and Councilman Harold Froehlich led the pledge of allegiance. A.2 PRESENTATION OF AWARDS TO THE MANSKE LIBRARY'S SUMMER READING CLUB PARTICIPANTS. Mayor O'Hare and members of the Manske Library Board presented awards to Summer Reading Club participants. Volume 101, page 73 A.3 CONSIDER ACCEPTING A DONATION FROM NEC CORPORATION TO THE FARMERS BRANCH ANIMAL SHELTER AND TAKE APPROPRIATE ACTION. Mr. Steve Kopel and Ms. Barbara Harris with NEC were present and presented a $500 check to the City for the new animal shelter. A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", accepted the donation from NEC Corporation. A.4 CONSIDER ACCEPTING A DONATION FROM PETCO TO THE CITY OF FARMERS BRANCH ANIMAL SHELTER AND TAKE APPROPRIATE ACTION. Mr. Robert Pinon, Assistant Manager at the Josey Lane Petco was present and presented a $500 to the City for the new animal shelter. A motion by Mayor Pro Tern Robinson, a second by Deputy Mayor Pro Tem Koch, all voting "aye", accepted the donation from Petco. A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Councilman Smith, a second by Mayor Pro Tem Robinson, all voting "aye", appointed Gretchen Cash to fill the vacancy on the Historical Preservation and Restoration Board. A motion by Councilman Smith, a second by Mayor Pro Tern Robinson, all voting "aye appointed Willard Zimmerer to fill the vacancy on the Senior Advisory Board. A motion by Mayor O'Hare, a second by Councilman Smith, all voting "aye", reappointed the following members of the Senior Advisory Board: Peggy Pyle Hugh McWhorter Katie Roberts Don Brockman Ernest Tiller Sam Allen A motion by Deputy Mayor Pro Tem Koch, a second by Councilman Froehlich, all voting "aye", appointed J. Rolland Manzke to fill the vacancy on the Library Board. A.6 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. 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. Volume 101, page 74 Nominee applications must be turned in one week prior to the last Friday of the month. The panel of judges travels to the nominated locations and chooses a winner the same day. The winner is notified immediately and the sign is put in their yard the last day of that month. The recipients are also awarded a certificate of appreciation and a $100 gift certificate to Turner Hardware at the first Council Meeting of the following month. The awards for August Yards of the Month were presented: •South West Quadrant - Mike Patton - 2771 Bay Meadows Circle *South East Quadrant - Jo Chanslor - 3461 Rock Martin oNorth West Quadrant - Scott & Karyn Fairris - 13515 Onyx eNorth East Quadrant - Barbara Ann Fitzgerald - 3336 Pebble Beach A.7 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 O'Hare 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 Robinson, a second by Councilman Smith, all voting "aye", removed item B.5 and B.7 from the Consent Agenda. A motion by Mayor Pro Tern Robinson, a second by Deputy Mayor Pro Tern Koch, all voting "aye", approved the Consent Agenda as amended. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF JULY 15, 2008. B.2 ADOPTED RESOLUTION NO. 2008-068 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $9,200, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,429 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 2611 DIXIANA. B.3 ADOPTED RESOLUTION NO. 2008-065 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $7,858, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,429 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 2640 LETA MAE. Volume 101, page 75 B.4 ADOPTED RESOLUTION NO, 2011-071 APPROVING THE 2008-2009 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.6 ADOPTED ORDINANCE NOS. 2967, 2968, 2969, 2970, 2971, 2972 AND 2973 ADOPTING THE 2006 INTERNATIONAL CODE SERIES OF BUILDING AND FIRE SAFETY CODES. ORDINANCE NO. 2967 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE, AMENDING SPECIFIC SECTIONS; ADOPTING APPENDICES; REPEALING ORDINANCE NUMBER 2835; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 2968 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES BY ADOPTING THE PROVISIONS OF THE INTERNATIONAL FIRE CODE, 2006 EDITION, AS THE FIRE CODE FOR THE CITY OF FARMERS BRANCH; AMENDING OR ADDING SECTIONS TO THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 2841; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2969 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AMENDING SPECIFIC SECTIONS; ADOPTING APPENDEX G & P; REPEALING ORDINANCE NUMBER 2836, 1698 AND ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2970 Volume 101, page 76 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PLUMBING CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2837; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO 2971 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NO. 2838; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO 2972 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FUEL GAS CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2839; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO 2973 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, AMENDING SPECIFIC SECTIONS; REPEALING ORDINANCE NUMBER 2840; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. B.8 ADOPTED ORDINANCE NO. 2984 ESTABLISHING THE BUSINESS COMMUNITY RELATIONS BOARD. Volume 101, page 77 ORDINANCE NO. 2984 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, CREATING THE BUSINESS COMMUNITY RELATIONS BOARD; PROVIDING FOR BOARD MAKE UP AND TERMS; PROVIDING DUTIES AND PROVIDING A SEVERABILITY CALUSE. B.9 ADOPTED ORDINANCE NO. 2985 ABANDONING STREET RIGHTS-OF-WAY, A PORTION OF ROSSFORD STREET FROM PIKE STREET SOUTH 300 FEET. ORDINANCE NO. 2985 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR ABANDONMENT OF ITS INTERESTS IN A PORTION OF ROSSFORD STREET RIGHT-OF-WAY FROM PIKE STREET TO 300 FEET SOUTH. B.10 ADOPTED RESOLUTION NO. 2008-071 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TRAVELCLICK, INC. IN THE AMOUNT OF $120,028. B.11 ADOPTED RESOLUTION NO. 2008-069 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO ACCEPT A $10,000 GRANT TO PAY FOR THE STERILIZATION OF PETS OF LOW INCOME FAMILIES. B.12 ADOPTED RESOLUTION NO. 2008-058 AUTHORIZING THE CITY MANAGER TO ACCEPT THE TEXAS COMPTROLLER'S 2009 TOBACCO COMPLIANCE GRANT IN THE AMOUNT OF $3,000. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF 7-ELEVEN, INC./CDS DEVELOPMENT FOR A SPECIFIC USE PERMIT FOR A GASOLINE FUELING STATION AND CONVENIENCE STORE AT 12103 WEBB CHAPEL ROAD WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Director of Planning stated the applicant is proposing to demolish the existing Shell service station at the northwest corner of Webb Chapel Road and LBJ Freeway and replace it with a new Shell gasoline fueling station and 7-Eleven convenience store. No vehicle repair service or car wash is proposed. The existing Shell service station is zoned Local Retail 2 (LR-2). This zoning district requires a Specific Use Permit for a gasoline station. The existing station operates under the requirements of a Specific Use Permit approved in 1968. The extensive redevelopment of the site requires review and approval of a new Specific Use Permit and Site Plan. The proposed new development will include a new one-story, convenience store building containing 3,010 square feet and a new gas canopy containing 8 fueling pumps. Extensive landscaping, sidewalk and signage improvements are also included in the proposal. Volume 101, page 78 The Planning and Zoning Commission unanimously recommends approval of the proposed Specific Use Permit and Associated Site Plan. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. A motion by Mayor Pro Tem Robinson, a second by Councilman Scott, all voting "aye", approved the following captioned Ordinance 2983. ORDINANCE NUMBER 2983 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 TO ALLOW A GASOLINE FUELING STATION AND CONVENIENCE STORE LOCATED ON AN APPROXIMATELY 0.6862-ACRE TRACT AT 12103 WEBB CHAPEL ROAD, WITHIN THE LOCAL RETAIL 2 (LR-2) ZONING DISTRICT; 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. D.1 CONSIDER ADOPTING A MOTION PROPOSING THAT THE CITY MAINTAIN A $0.4945 PROPERTY TAX RATE, SCHEDULE TWO PUBLIC HEARINGS FOR AUGUST 26, 2008 AND SEPTEMBER 2, 2008, SCHEDULE ADOPTION OF THE TAX RATE ON SEPTEMBER 16, 2008, AND TAKE APPROPRIATE ACTION. City Manager Gary Greer explained the 2008-09 proposed budget was submitted to the City Council by July 31, 2008. The City Council discussed the 2008-09 proposed budget in a workshop held earlier this evening. The proposed budget contains a recommendation to maintain the property tax rate at $0.4945 per $100 assessed value. This recommendation meets the City Council's goal to prepare and implement a budget that assures a stable tax rate and provides needed services. The Dallas Central Appraisal District recently certified the City's taxable property values. Including new construction, these values reflect a 5.25% increase overall. Residential values increased 4.3%. Increased property values will result in an increase in property tax revenues even though the property tax rate is not being increased. The 2008-09 budget contains recommendations for the use of the added revenues. Maintaining a 49.45 cent tax rate will require the publication of a notice in the newspaper notifying taxpayers of the proposed effective tax increase. Dallas County is responsible for calculating and certifying the information on this notice, which is expected to be finalized and published in the Dallas Morning News on August 8th. Under the State Property Tax Code, maintaining the 49.45-cent tax rate requires that the City Council first pass a motion to propose a tax rate and set two public hearing dates. Tonight's motion proposes to maintain Volume 101, page 79 the current tax rate, but does not adopt any tax rate. The public hearings are proposed to take place on August 26, 2008 (this meeting must take place during the week of August 25th- 29th in order to comply with State law) at 5:00 p.m. at City Hall and September 2, 2008 at 6:30 p.m. at City Hall during the regular City Council meeting. City Council will adopt a tax rate at the regular City Council meeting on September 16th. A motion by Councilman Smith, a second by Deputy Mayor Pro Tem Koch, all voting "aye proposed that the City maintain a 49.45-cent property tax rate, schedule public hearings on August 26, 2008 and September 2, 2008, and schedule adoption of the tax rate on September 16, 2008. B.5 APPROVED OF ORDINANCE NO. 2982 AMENDING THE CODE OF ORDINANCES TO REQUIRE THAT STREETS, ALLEYS, EASEMENTS, SIDEWALKS, AND DRIVEWAYS BE MAINTAINED FREE OF OVERHANGING TREES AND ENCROACHING SHRUBS, GRASS, GROUNDCOVER AND OTHER PLANT MATERIAL THAT MAY IMPAIR THE USE OR FUNCTION OF SUCH AREAS AND FACILITIES. Mr. Jim Olk, Building Official, stated that during its July 15, 2008 study session City Council discussed conditions in some neighborhoods where the use and function of sidewalks and streets were impaired by grass and groundcover that has grown over the pavement. These conditions may preclude the use of pedestrian ways by citizens using walking aids, wheelchairs or families with children in strollers. Groundcover that grows over the street curb and into the gutter prohibits the free flow of storm water by collecting debris and creating impoundments. Concerns regarding the current allowable height of tree limbs that extend over streets and alleys were also discussed. Current regulations require an overhead clearance height of twelve (12) feet. Multiple City departments utilize vehicles that require overhead clearance of up to fourteen (14) feet to ensure clear passage and prevent damage to the vehicles. Citizens that own and operate recreational vehicles have also reported damage to their vehicles due to tree limbs overhanging streets at heights that presently comply with City regulations. Proposed Ordinance No. 2982 has been prepared to address these issues, requiring that property owners edge and trim groundcover and maintain tree limbs and shrubs that extend over streets and alleys at a minimum clear height of fourteen (14) feet above the pavement. A motion by Deputy Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2982. ORDINANCE NO. 2982 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 56, "PROPERTY MAINTENANCE," ARTICLE II "HEALTH AND SAFETY REQUIREMENTS," SECTION 56-81 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH RELATING TO TREES, SHRUBS, PLANTS; AND Volume 101, page 80 GRASS, WEEDS AND GROUND COVER, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING FOR AN EFFECTIVE DATE. B.7 ADOPTED RESOLUTION NO. 2008-052 AWARDING BIDS IN THE TOTAL AMOUNT OF $1,845,434 FOR CONSTRUCTION OF THE CITY OF FARMERS BRANCH ANIMAL ADOPTION CENTER. Michael Spicer, Director of Community Services explained in conjunction with Gallagher Construction Management Services, the City distributed 130 sets of bid documents to potential bidders and 5 sets to plan rooms. The City received a total of 58 bids for the 22 trade packages on July 10, 2008. The 22 low bid packages meeting specifications and recommended to be awarded at this time total $1,845,434. The total cost to design and construct the Animal Shelter is anticipated to be $2,266,000. The City Council has previously approved $320,050 for design and construction management services. The remaining balance of $100,516 is for professional services and possible contingencies. The 2007-08 Street & Animal Shelter Bond Fund includes $1.866 million. Additional contingency funding of $400,000 is available in the Non Bond CIP Fund necessary to provide full funding for the construction of the City of Farmers Branch Animal Adoption Center. Proposed Resolution No. 2008-052 authorizes the City Manager to execute agreements with the recommended contractors in the amount of $1,845,434 and change orders to the contracts not exceeding 5%. Groundbreaking ceremonies for the City of Farmers Branch Animal Adoption Center are planned to take place Tuesday, September 9, 2008. The facility is projected to open in May 2009. A motion by Mayor Pro Tem Robinson, a second by Councilman Froehlich, all voting "aye", approved Resolution No. 2008-052 awarding bids for the construction of the City of Farmers Branch Animal Adoption Center. D.2 CONSIDER COUNCIL REPORTS. Mayor Pro Tem Ben Robinson reported on his meeting with the Trinity River Authority today. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THERE WAS NO EXECUTIVE SESSION HELD. Volume 101, page 81 E.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 & 551.087. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline,l-635 and Denton Drive - Government Code 551.072 and discuss economic development agreements relative to potential new development in this area - Government Code 551.087. City Manager Gary Greer will discuss possible land acquisition possibilities and proposals 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 City Administration will be present to discuss pending litigation. F.I CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. No action was necessary because no executive session was held. F.2 ADJOURNMENT. A motion by Councilman Scott, a second by Deputy Mayor Pro Tem, all voting "aye", adjourned the August 12, 2008 City Council meeting at 7. 8 p.m. Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 101, page 82