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2006-12-11 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, December 11, 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 Director of Economic Development Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters John Roach Charles Cox Norma Nichols Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Michael Spicer Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of December 11, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Robinson gave the invocation and led the pledge of allegiance. Volume 98, page 45 A.2 PRESENTATION OF THE 2006 TEXAS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION'S PLANNING COMMISSIONER AWARD TO JOE PATTERSON. Mayor Phelps presented a pen and a plaque from the Texas Chapter of the American Planning Association recognizing Planning and Zoning Commissioner Joe Patterson with the 2006 Commissioner of the Year Award. A.3 PRESENTATION OF THE 2006 SPORTS HALL OF FAME AWARD. Mayor Phelps presented a plaque to Raymond DeLeon, Executive Vice President of the Farmers Branch Little League to be named to the Hall of Fame for 2006 by the Carrollton Farmers Branch Girls Softball League. A.4 CONSIDER ACCEPTANCE OF DONATION FROM MEMBERS OF "CAUSE FOR PAWS" IN SUPPORT OF THE FARMERS BRANCH ANIMAL SHELTER. Karen Smith and Judi Hacker members of "Cause for Paws" presented the Council and Environmental Health Manager Jeff Crocker with a $500 check in support of the Animal Shelter. Ms. Smith and Ms. Hacker also presented a petition with 720 signatures to the Council in support of a new animal shelter. A motion by Councilman Smith, seconded by Mayor Pro Tem Robinson, all voting "aye," accepted the $500 check donation to be used for the Animal Shelter. A.5 PRESENTATION OF SERVICE AWARD - BRANDON BAUGHMAN OF THE FIRE DEPARTMENT -5 YEARS. Mayor Phelps presented a five-year employee service award to Brandon Baughman with the Farmers Branch Fire Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. Assistant City Manager Greg Vick gave a brief presentation on the Branch Revitalization Task Force, Final Report and Recommendation. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 98, page 46 A motion by Mayor Pro Tern Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," added agenda items D.2, D.5, and D.7 to the Consent Agenda. A motion by Mayor Pro Tern Robinson, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 13, 2006 AND SPECIAL MEETING OF NOVEMBER 29, 2006. B.2 ADOPTED RESOLUTION NO. 2006-134 ACCEPTING A FIRE LANE EASEMENT AND A WATER LINE EASEMENT FROM DOVE CREEK INVESTMENTS, L.P THE OWNERS OF THE PROPERTY ADDRESSED AS 13700 N. STEMMONS FREEWAY AS PART OF THE PROPOSED SUNL GROUP MOTORCYCLE DEALERSHIP SPECIFIC USE PERMIT REQUIREMENTS. B.3 ADOPTED RESOLUTION NO. 2006-133 ACCEPTING A FIVE-FOOT WIDE AERIAL EASEMENT FOR STREETLIGHT INSTALLATION DEDICATED BY MR. AND MRS. HAROLD WOOD OF 13116 KERR TRAIL. B.4 ADOPTED RESOLUTION NO. 2006-139 APPROVING AMENDMENT NO. 1 TO A DEVELOPER'S CONTRACT WITH DALLAS TEXAS UNION, LTD. RELATIVE TO THE REVISED TEXAS CREDIT UNION CENTER ADDITION. B.5 ADOPTED RESOLUTION NO. 2006-125 APPROVING REVISED SUPPLEMENTAL AGREEMENT NO.2 TO THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT FOR THE FURNISHING AND INSTALLATION OF TRAFFIC SIGNALS BY A MUNICIPALITY WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. B.6 ADOPTED ORDINANCE NO. 2873 ESTABLISHING THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES 2006 TEXAS FOOD ESTABLISHMENT RULES, INCLUDING LOCAL AMENDMENTS, AS THE REGULATORY REQUIREMENTS OF THE CITY OF FARMERS BRANCH. ORDINANCE NO. 2873 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 2006 EDITION OF THE TEXAS Volume 98, page 47 DEPARTMENT OF STATE HEALTH SERVICES, BUREAU OF FOOD AND DRUG SAFETY, RETAIL FOOD DIVISION, "TEXAS FOOD ESTABLISHMENT RULES" WITH AMENDMENTS THERETO AS THE FARMERS BRANCH FOOD ESTABLISHMENT CODE; AMENDING SECTIONS 229.162 (10)(40)(83)(108)(116) (117) AND (118), SECTION 229.164 (E) (B) AND (D) SECTION 229.166 (J)(3), SECTION 229.169 (D) AND (E), SECTION 229.170 (L), SECTION 229.171 (F), SECTION 229.171 (J)(7), AND SECTION 229.171 (Q) OF THE TEXAS FOOD ESTABLISHMENT RULES; REPEALING ORDINANCE 2550 IN CONFLICT HEREWITH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (2000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. B.7 ADOPTED RESOLUTION NO. 2006-143 CALLING UPON THE GOVERNOR OF THE STATE OF TEXAS AND REPRESENTATIVES OF THE TEXAS LEGISLATURE TO ADOPT LEGISLATION REQUIRING THE MANDATORY DISCLOSURE OF REAL PROPERTY SALES PRICES TO APPRAISAL DISTRICTS TO ENSURE THE FAIR AND EQUITABLE VALUATION AND TAXATION OF ALL REAL PROPERTY IN THE STATE OF TEXAS. B.8 ADOPTED RESOLUTION NO. 2006-138 AMENDING THE CHAPTER 380 POLICY OF THE TEXAS LOCAL GOVERNMENT CODE TO INCLUDE RESIDENTIAL INCENTIVES. B.9 ADOPTED RESOLUTION NO. 2006-145 AWARDING A BID TO LONGHORN, INC. IN THE AMOUNT OF $48,047.44 FOR THE ANNUAL SUPPLY OF IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT. D.2 ADOPTED RESOLUTION NO. 2006-146 ACCEPTING THE FINAL REPORT PRESENTED BY THE BRANCH REVITALIZATION TASK FORCE. D.5 ADOPTED RESOLUTION NO. 2006-127 AWARDING THE CONTRACT FOR THE CLEANING AND SEALING OF JOINTS AND CRACKS AT VARIOUS LOCATIONS TO CURTCO, INC. in the amount of $85,000. D.7 ADOPTED RESOLUTION NO. 2006-132 AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF ONE REPLACEMENT BACKHOE-LOADER in the amount of 82,593.47. Volume 98, page 48 C.1 PUBLIC HEARING: CONSIDER THE REQUEST FOR APPROVAL OF THE PLAT OF SENLAC ADDITION BEING A REPLAT OF LOT 1, BLOCK 3 FLOORING SERVICES ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Plat of Senlac Addition is a 10.9-acre site consisting of an office/warehouse facility and vacant land located at 2020 Valley View Lane. The owner of the property is Valley View Investments and has requested the replat of Lot 1, Block 3 of the Flooring Services Addition to subdivide one lot into two lots for ownership purposes. Proposed Lot 1 is adjacent to Valley View Lane and is the site of Flooring Services, Inc.; proposed Lot 2 is vacant land. There is currently no development proposed for Lot 2. The proposed Plat of Senlac Addition creates Lot 1, which is 6.9 acres, Lot 2, which is 3.9 acres, and dedicates 10-foot utility and sidewalk easements. The Plat of Senlac Addition 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 and Zoning Commission recommends approval of the proposed Plat of Senlac Addition. Mayor Phelps opened the public hearing. There were no public comments. A motion by Councilman Moses, seconded by Councilman Bird, 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 proposed Plat of Senlac Addition. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF COURTYARDS SOUTHWEST, BEING A REPLAT OF LOTS 1, 2, & 3 OF THE COURTYARDS ADDITION AND LOT 22, BLOCK 9 OF THE REVISED FOURTH SECTION CRESTBROOK ESTATES NO. 3, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Final Plat of The Courtyards Southwest is a 1.18-acre site consisting of a residential development at the corner of Valley View Lane and Marsh Lane. The owners of the property, Southern Ventures Properties, Inc. and Beth A. Pedersen, have requested the replat of Lots 1, 2, and 3, Block A of The Courtyards and Lot 22, Volume 98, page 49 Block 9 of The Revised Fourth Section Crestbrook Estates No. 3 to adjust the boundaries of the four lots. The proposed Final Plat of The Courtyards Southwest realigns the common lot line between Lot 22, Block 9 of the Revised Fourth Section Crestbrook Estates No. 3 and Lots 1, 2, and 3, Block A of the Courtyards. A utility easement and a private easement along the common lot line are also realigned by the proposed plat. The proposed final plat conforms to all the zoning and subdivision requirements. 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 required when the property has been zoned residential within the last 5 years. Public Hearing notices were mailed to 29 residents and published in the newspaper per requirements of the Texas Local Government Code. The Final Plat of The Courtyards Southwest is consistent with the Texas Local Government Code and with City requirements for a final plat. Texas law requires that a final plat must be approved if the plat meets all the City's zoning and subdivision requirements. Planning and Zoning Commission recommends approval of the Final Plat of The Courtyards Southwest. Mayor Phelps opened the public hearing. There were no public comments. A motion by Councilman Smith, 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 proposed Final Plat of The Courtyards Southwest. C.3 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF LAGO VISTA WEST LOT 2 ADDITION BEING A REPLAT OF LOT 2, LAGO VISTA WEST AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The final plat for Lago Vista West was approved by City Council on July 17, 2006. The owner has requested a replat of Lot 2 to add additional utility easements for electrical service and to relocate an emergency fire access easement to accommodate one of the utility easements for electrical service. The property is a 3.1-acre site located at 11601 Lago Vista West within the mixed-use development occurring at the southwest corner of Luna Road and IH 635 and is owned by Transcontinental Realty Investors, Inc. A four-story Volume 98, page 50 building consisting of first floor retail and office, three floors of apartments, and a parking garage is proposed for Lago Vista West Lot 2. The building will be very similar to the nearby existing mixed-use building which opened this fall. 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. Lago Vista West Addition is consistent with the Texas Local Government Code and with City requirements for a replat. The Planning and Zoning Commission recommends approval of the proposed Lago Vista West Lot 2 Addition. Mayor Phelps opened the public hearing. There were no public comments. 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 Moses, seconded by Mayor Pro Tem Robinson, all voting "aye," approved of the proposed Lago Vista West Lot 2 Addition. CA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2895 APPROVING THE REQUEST OF O'BRIEN ENGINEERING, INC. FOR A SPECIFIC USE PERMIT TO ALLOW OUTSIDE STORAGE ASSOCIATED WITH A GREENHOUSE AND/OR PLANT NURSERY - COMMERCIAL, INCLUDING AMENDING THE APPROVED SITE PLAN, APPROXIMATELY 6.4 ACRES LOCATED AT 2222 VALWOOD PARKWAY WITHIN PLANNED DEVELOPMENT NO. 22 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is currently used as a commercial greenhouse and/or plant nursery by Precision Landscaping. A site plan was approved for this site during 1999. The applicant is proposing to extend the existing outside storage operations on the property to a remaining portion of the subject property, approximately 0.236-acres located at the southwest corner of the property. This portion of the property was originally reserved for access for the adjacent neighboring property to the south. The adjacent property owner is no longer interested in having this access. The proposed amending site plan reflects requested improvements consisting of covered storage, extension of the existing perimeter fencing including a masonry corner, as well as landscaping along the west and south property lines in the 0.236-acre section of the property. The proposed improvements are consistent with the existing improvements on the property and the approved 1999 site plan. Volume 98, page 51 Additionally, since the subject property is currently non-conforming with respect to zoning, the applicant is seeking approval of the specific use permit application for outside storage to legally establish the existing use. The recommended conditions for approval pertain to landscaping improvements shown on the approved site plan, as well as the proposed amending site plan. The Planning and Zoning Commission unanimously recommends approval of the requested specific use permit, including the associated site plan amendment, with the following conditions: Installation of landscaping improvements along south and west property lines, in accordance with the approved 1999 site plan, shall be allowed to be deferred until such time when the existing plant materials on adjacent properties are no longer adequate to provide landscape screening of the outside storage, or at such time as determined by the City. 2. The live oak trees as shown on the amending site plan drawing shall be installed at such time when the proposed site improvements at the southwest corner of the property are constructed. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," closed the public hearing. Councilman Moses asked the applicant if he was in agreement with the two conditions recommended by the Planning and Zoning Commission. The applicant replied yes he was in agreement with the two conditions. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2895 approving the specific use permit, including the associated site plan amendment, with the conditions recommended by the Planning and Zoning Commission. ORDINANCE NUMBER 2895 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 OUTSIDE STORAGE ASSOCIATED WITH A GREENHOUSE AND/OR PLANT NURSERY - COMMERCIAL, INCLUDING AMENDING THE APPROVED SITE PLAN, APPROXIMATELY 6.4 ACRES LOCATED AT 2222 Volume 98, page 52 VALWOOD PARKWAY WITHIN PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT (PD-22); 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.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2894 APPROVING THE REQUEST BY METRO VALVE AND PIPE COMPANY, INC. FOR A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF NOT LESS THAN TWO YEARS FOR THE OUTSIDE STORAGE OF PIPES AND OTHER PLUMBING MATERIALS EXTENDING FROM FEBRUARY 1, 2006 TO FEBRUARY 1, 2008, LOCATED AT 1641 KEENAN BRIDGE ROAD WITHIN PLANNED DEVELOPMENT NUMBER 77 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is improved with a 1,664 square foot brick office building, a 4,800 square foot metal warehouse building, and a telecommunication antenna tower. The existing buildings and a masonry wall partially screen the outside storage of pipes and plumbing supplies from Keenan Bridge Road. Since 1990 the site has been awarded six interim specific use permits for outside storage and general repair. The existing interim specific use permit expired on February 1, 2006. The applicant's request and staff's recommendation for the specific use permit- interim use are for two years beginning at the expiration date of the most recent specific use permit-interim use, February 1, 2006 extending to February 1, 2008. The request satisfies the criteria for approval of a specific use permit interim use. The Planning and Zoning Commission unanimously recommends approval of the requested specific use permit-interim use and associated site plan with the following condition: 1. The specific use permit-interim use shall expire on February 1, 2008. Mayor Phelps opened the public hearing. Eric Redwine, 1800 Valley View Lane, Suite 120,was present representing two of the adjacent property owners to this site. He stated Metro Valve and Pipe Company, Inc. is located on property within an area zoned for office. He stated he believes this business is consistent with an industrial use and would like to see the City Council require the current business to be completely screened or limit the use until office construction begins. He stated this request is inappropriate for the area and should be denied. Volume 98, page 53 A motion by Councilman Moses, seconded Councilman Smith, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant when they would start construction. Mr. Redwine stated property owners are presently working on financing. Once financing is in place, they plan to move forward with construction. Deputy Mayor Pro Tem O'Hare asked Mr. Redwine for clarification on his request of Council. Mr. Redwine replied he would like to limit the request to one year from the original date of February 2006. He stated Metro Valve and Pipe Company, Inc. has been without an interim use permit for ten months. Deputy Mayor Pro Tern O'Hare pointed out that would leave Metro Valve and Pipe Company, Inc. two more months. Mr. Redwine replied that it would give Metro Valve and Pipe Company, Inc. time to either rearrange their storage materials or put up some type of screening. He also stated that he has no objections to the pipe yard if it is screened from view. Deputy Mayor Pro Tem. O'Hare stated he is not opposed to the additional screening but would like to know what causes of action are available to Mr. Redwine if this request is approved for two years. Mr. Redwine stated he has not determined that yet but expressed his concerns on the number of years the use has existed. In response to a question of Councilman Smith, Mr. Redwine replied he would like to see the screening extended, and if that was completed he is satisfied to extend the specific use permit interim use to 2008. City Manager Linda Groomer asked Mr. Redwine if his objections had been expressed at the Planning and Zoning meeting. Mr. Redwine stated they had not been. Additional discussion occurred amongst the Council regarding potential costs regarding the screening. Mayor Pro Tern Robinson agreed the time has come to halt the extensions and the property owner should be prepared to comply with the zoning in March 2007. Councilman Moses asked if the property owner has been contacted. Mr. Redwine replied that RL Lemke has not had much success in talking to the property owner. Randy Groce, 1647 Keenan Bridge Road, President of Metro Valve and Pipe Company, Inc., stated that he has known that the company would need to move from this location by February 2008 and that they would not be requesting any additional extensions. Volume 98, page 54 There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all voting "aye," postponed the requested specific use permit until the January 8, 2007 City Council meeting in order to get additional information pertaining to costs associated with the applicant screening the entire site and additional development information from Mr. Redwine. C.6 PUBLIC HEARING: CONSIDER THE REQUEST BY GREG MARCOM TO EXTEND THE TIME PERIOD FOR A SPECIFIC USE PERMIT-INTERIM USE, TO ALLOW RETAIL TIRE SALES AN ADDITIONAL TWO YEARS AT 12900 STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 86 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 0.37-acre subject site is located at the northeast corner of the northbound Stemmons Freeway frontage road and Pike Street. On February 17, 2003 the City Council approved a specific use permit-interim use to allow retail tire sales for a period of three years from February 17, 2003 to February 17, 2006, including an option allowing the property owner to request a two-year extension. The specific use permit-interim use has expired and the property owner is requesting approval of a two-year extension, from February 17, 2006 to February 17, 2008. The option to request an extension does not require action by the Planning and Zoning Commission prior to City Council's consideration of the request. The Planning and Zoning Commission was informed of the request at its December 4, 2006 meeting. Subsequent to City Council's approval of the original request in 2003, the subject property and surrounding area was rezoned as the Station Area Form-based Code, consistent with the Station Area Conceptual Master Plan adopted in July 2002. The Station Area Code prohibits automobile related uses. In accordance with the Comprehensive Zoning Ordinance, in order for the City Council to approve a specific use permit-interim use, the City Council must determine that: • the proposed use is consistent with existing uses of adjacent and nearby property; and • the proposed use will not impair development of adjacent and nearby property in accordance with the Station Area Conceptual Master Plan during the period for which the specific use permit-interim use is in effect. Staff recommends denial of the proposed two-year extension of the specific use permit-interim use because the request fails to meet the criteria set forth in the Comprehensive Zoning Ordinance and is contrary to the Station Area Code. Volume 98, page 55 Mayor Phelps opened the public hearing. There were no public comments. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," adopted the following Ordinance No. 2896 extending the specific use permit-interim use for a period of two (2) years from February 17, 2006 to February 17, 2008. ORDINANCE NUMBER 2896 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING ORDINANCE 2707 SO AS TO GRANT A TWO-YEAR EXTENSION TO A SPECIFIC USE PERMIT-INTERIM USE FOR A RETAIL TIRE STORE TO EXPIRE ON FEBRUARY 17,2008; LOCATED ON AN APPROXIMATE 0.37-ACRE TRACT OF LAND KNOWN AS 12900 STEMMONS FREEWAY WITHIN THE PLANNED DEVELOPMENT NO. 86 (PD-86) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.7 PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2849 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2890 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts Standards of Care by ordinance after a public hearing. No changes are proposed to the current Standards of Care. Volume 98, page 56 Adopting the Standards of Care is legally required so that the City can implement youth programs without the need to go through the State licensing process and subsequent oversight. The Standards address overall health and safety issues such as leader/participant ratios and facility requirements. The City has numerous policies and procedures that go beyond the Standards and are directed to critical areas such as age, behavior expectations, and proof of residency. The Parks and Recreation Director recommends rescinding Ordinance No. 2849 and adopting Ordinance No. 2890 relative to Farmers Branch Youth Programs' Standards of Care in compliance with 1995 Senate Bill 212. Mayor Phelps opened the public hearing. There were no public comments. A motion by Councilman Bird, seconded by Councilman Smith all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2890 relative to the Youth Programs' Standard of Care. ORDINANCE NO. 2890 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2849 AND ADOPTING ORDINANCE NO. 2890 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. C.8 PUBLIC COMMENTS BY FARMERS BRANCH RESIDENTS. Linda Subject, 2949 Primrose, spoke supporting the adoption of the resolution and ordinance regarding illegal immigration and requested that all signatures on the petition be verified. Matt Burton, 3212 Rolling Knoll Place, spoke supporting voters to decide on the petition and requested that all signatures on the petition be verified. Robin Bernier, 13830 Heartside Place, asked that signatures on the petition be verified. Tom Bohmier, 14506 Oakmont Drive, spoke supporting the resolution and ordinance regarding illegal immigration and requested that all signatures on the petition be verified. Volume 98, page 57 Tonya Thrash, 3347 Longmeade, spoke supporting the adoption of the ordinance passed by the City Council regarding illegal immigration and requested that signatures on the petition be verified. Kelly Smith, 11314 Castleton, spoke supporting the adoption of the ordinance passed by the City Council and requested that signatures on the petition be verified. Betty Supinski, 13232 Kerr Trail, thanked the City Council for passing the ordinance and resolution regarding illegal immigration. Sue Bucy, 2726 Golfing Green Drive, stated she did not sign the petition. She gave the Council and audience a phone number to the Federal Government 1-866- DHS-2ICE to report any illegal immigration activity. Catherine Ivy, 3415 Rockmartin, spoke supporting the adoption of the ordinance regarding illegal immigration. Michael Ann Loftus, 2917A North Sunbeck Circle, stated because of the Carrollton-Farmers Branch School boundary zone in her neighborhood, her children were not permitted to attend Carrollton-Farmers Branch Schools. She also spoke supporting the illegal immigration ordinance. Harold Froehlick, 13831 Braemar, spoke supporting the adoption of the ordinance and resolution regarding illegal immigration. Salvador Prada, 12904 Harrisburg, spoke in opposition to the adoption of the ordinance and resolution regarding illegal immigration. D.1 CT] A. B. C. D. E. F. Berry Grubbs, 3521 Brookline, commended the Task Force for the Revitalization Study that focuses on the central part of the city, between I-35 and Midway Road. He offered two recommendations for the study: 1) minimum permit value reconstruction be lowered from $50, 000 to $25,000 and 2) reach out to the private schools and Brookhaven Community College. ,IZEN REQUESTED AGENDA TOPICS: IMMIGRATION RELATED ORDINANCES (MCGUIRE) ENGLISH PROCLAMATION RESOLUTION (MCGUIRE) CODE ENFORCEMENT/MINIMUM STANDARDS ORDINANCES (MCGUIRE) SECTION 287(G) PARTICIPATION (MCGUIRE) PENDING LITIGATION COST ISSUES (MANNING/SALERNO) PUBLIC ACCESS REGARDING COUNCIL ACTION ITEMS (HELLER) Volume 98, page 58 Christopher McGuire, 3703 Wooded Creek, presented his concerns regarding the recent illegal immigration issue. Jim Manning, 3712 Clubway, asked the City Council to create an ordinance prohibiting City funds from being used to pay for any litigation related to illegal immigration. Tony Salerno, 2519 Danny Lane, raised concerns regarding costs related to the illegal immigration issues. Paul Heller, 13806 Wooded Creek Drive, stated he would like for the Council to endorse the principle that the public should have access to the specific items under consideration before the Council takes action on those items. David Koch, 3243 Brincrest, stated he would like to see constructive ideas from the opposition. He spoke supporting the ordinance and resolution regarding to illegal immigration. Ruth Burton, 3212 Rolling Knoll Place, thanked the Council for passing the ordinance and resolution regarding illegal immigration. Mark Hammon, 14517 Hague Drive, stated he is not in favor of illegal immigration and would like to see the city put this issue to the voters. Matt Burton, 3212 Rolling Knoll Place, spoke supporting the adoption of the ordinance and resolution regarding the illegal immigration. Betty Supinski, 13232 Kerr Trail, thanked the Council for the adoption of the ordinance and resolution. Christopher McGuire, 3703 Wooded Creek, stated Uniting Farmers Branch is a non-partisan multiethnic group of Farmers Branch residents and business owners. He stated their intent in addressing the issues and addressing the Council is to try and pull the community together, not to divide. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2006-142 AWARDING BIDS FOR CONSTRUCTION FOR FIRE STATION NO. 3 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 Non Bond Capital Improvement budget includes $6.2 million for the construction of Fire Station No. 3 and for its furniture, fixtures and equipment. This amount includes $4,549,506 for construction bids. Volume 98, page 59 With the assistance of Gallagher Construction Management Services, the City received and opened 67 bids for 24 trade packages on November 16, 2006. There are several bid packages such as furniture; telephone systems, data systems, irrigation systems and landscaping that will be bid at a later date. Additionally, no bids meeting specifications were received on the overhead door bid package. Bids for that package are recommended to be acquired at a later date. The 23 low bid packages meeting specifications and recommended to be awarded at this time total $4,375,280. Groundbreaking ceremonies are planned to take place during the first week of March 2007. The project completion date is estimated to be January 1, 2008. The Fire Chief recommends adopting Resolution No. 2006-142 awarding the bids for the construction of Fire Station No. 3 in the amount of $4,375,280. Fire Chief King stated John Main, Architect with PSA, and Von Gallagher with Gallagher Construction Services and he were available to answer any questions the Council may have. City Manager Linda Groomer stated that staff is thrilled that the finances are in place and construction is ready to begin for the new fire station. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-142 awarding the bids for the construction of Fire Station No. 3 in the amount of $4,375,280. Announcement Mayor Phelps asked that the record show that Deputy Mayor Pro Tem O'Hare left the Council Chambers at 8:45 p.m. DA Consider adopting Resolution No. 2006-137 awarding the bid for the Midway Road and Spring Valley Road twelve-inch water line relocation to Larrett, Inc. and take appropriate action. Mayor Phelps presented the following information. On September 11, 2005, the City Council approved an Interlocal Agreement between Dallas County and the Texas Department of Transportation that provided for the design and construction of transportation projects utilizing Federal Congestion Mitigation and Air Quality Improvement funds. The projects generally focused on bottleneck improvements at intersections throughout the City. The Interlocal Agreement generally provides that TxDOT administer all the improvements; Federal and Dallas County funds are used for right-of-way acquisition, design, and construction of the street improvements; and the City is responsible for the relocation of water and sanitary sewer facilities in conflict with the street improvements. Volume 98, page 60 The last bottleneck improvement is the intersection of Midway Road and Spring Valley Road. The proposed improvements consist of adding additional lanes at three legs of the intersection. Construction, administered by TxDOT, started this past summer. During the excavation for the new lanes to be constructed at the northwest corner of the intersection, twelve-inch water lines along Midway Road and Spring Valley Road were discovered to be too shallow to allow for the construction of the new lanes. TxDOT's contractor submitted a price of $232,000 to relocate the water lines, which was deemed excessive by staff. The relocation was then bid. Bids were opened Tuesday, November 28, 2006. Six bids were submitted with the lowest bid received from Larrett, Inc. in the amount of $117,163.00. Larrett, Inc. has successfully completed similar projects for other cities. Funds are available in the Non-bond Utility Fund, Utility Rehabilitation and Replacement Program for the water line relocations. Construction time is set at 45 calendar days. Upon completion of the water line relocation, TxDOT's contractor will proceed with the completion of the intersection improvements projected for April 2007. The City Engineer recommends adopting Resolution No. 2006-137 awarding the bid for the Midway Road and Spring Valley Road twelve-inch water line relocation to Larrett, Inc. in the amount of $117,163.00. There being no discussion, a motion by Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2006-137 awarding the bid for the Midway Road and Spring Valley Road twelve-inch water line relocation to Larrett, Inc. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 2006-131 REJECTING ALL BIDS RECEIVED FOR THE ANNUAL SUPPLY OF GASOLINE AND DIESEL, AND AUTHORIZING CITY STAFF TO PURCHASE GASOLINE AND DIESEL UTILIZING THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD) CONTRACT VENDOR, PETROLEUM TRADERS CORPORATION, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the annual supply of regular unleaded and blended unleaded gasoline, ultra low sulfur diesel and bio-diesel were sent to 30 vendors. Bids were received from five vendors for the supply of gasoline and diesel products. Douglas Distributing submitted the low bid meeting the City's specifications for blended gasoline and diesel fuels, using the Oil Price Index Service, or OPIS, average terminal price. The OPIS terminal price fluctuates according to the daily market price of petroleum products. Staff compared these prices with the Texas Volume 98, page 61 Local Government Purchasing Cooperative (BuyBoard) contract prices and found that Buy Board contract prices, including delivery charges, were lower resulting in an estimated annual savings of $1,000. The BuyBoard contract vendor was chosen by a process in compliance with Texas competitive bidding statutes applicable to cities. The contract vendor is Petroleum Traders Corporation, which has supplied fuel to the City for the past two years. This contract is in effect through May 31, 2009 The operating departments' 2006-2007 budgets include funds in the amount of $559,500 for the purchase of fuel. The Director of Equipment Services recommends rejecting all bids received for the annual supply of gasoline and diesel, and authorize City staff to purchase gasoline and diesel utilizing the Texas Local Government Purchasing Cooperative (BuyBoard) contract vendor, Petroleum Traders Corporation, in an amount not to exceed $559,500. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2006-131 authorizing staff to purchase fuel from BuyBoard Contract Vendor Petroleum Traders Corporation in an annual amount not to exceed $559,500. D.7 CONSENT. D.8 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND THE SENIOR ADVISORY BOARD, AND TAKE APPROPRIATE ACTION. A motion by Councilman Smith, seconded by Councilman Moses, all voting "aye," reappointed Dean Nichols, Clare Connally and Angie Mayo to the Historical Preservation and Restoration Board. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," appointed Peggy Pyle to the Senior Advisory Board, Clyde Phillips to Alternate Place 1 and Jimmie May to Alternate Place 2 to the Senior Advisory Board. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or Council committee or organizational reports. D.10 PUBLIC COMMENTS - NON-FARMERS BRANCH RESIDENTS. Volume 98, page 62 Tom Mayfield, 1805 Glengarry, Carrollton, spoke supporting the adoption of the resolution and ordinance and requested that all signatures on the petition be verified. 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 5:40 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 6:13 P.M. PRIOR TO 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 LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Keenan Cemetery acquisition. Mayor Phelps stated the City Attorney was present to discuss this item with City Council. 1 E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss lawsuit filed by Guillermo Ramos vs. The City of Farmers Branch Cause No. 06-12227. Mayor Phelps stated the City Attorney was present to discuss this item with City Council. F.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained that City Council was update by the City Attorney on items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Moses, all voting "aye," adjourned the City Council meeting of December 11, 2006 at 9:01 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 98, page 63