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2006-05-01 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 1, 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 Charlie Bird Ben Robinson Junie Smith Tim O'Hare Bill Moses 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 Director of Economic Development Finance Director City Engineer Director of Public Works Director of Parks and Recreation Acting Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Library Director Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters John Roach Norma Nichols Reed Charles Cox Jerry Murawski Mark Pavageaux Jeff Fuller David Hale Kyle King Michael Spicer Tom Bryson Don Moore Danita Barber Suzanne Reynolds Mayor Phelps called the City Council meeting of May 1, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman O'Hare gave the invocation and led the pledge of allegiance. Volume 97, page 1 A.2 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. May is recognized nationally as Older Americans Month, and the Parks and Recreation Department requests that the City Council proclaim May as Older Americans Month in Farmers Branch. In doing so, the Parks and Recreation Department hopes to make the public aware of the opportunities for personal growth and empowerment through participating in Senior Center programs and activities. The following activities will be offered at the Senior Center in May: *Band Dances at the Senior Center every Monday night except Memorial Day, May 29 *Senior Citizen Volunteer Recognition Banquet at the Senior Center, Tuesday, May 9 at 11:00 a.m. *Birthday Celebration and Luncheon, Wednesday, May 17, at noon Trips in May are scheduled for: Fort Worth Zoo on May 3 Bluebonnet viewing on May 5 Beaumont Ranch on May 10 Garland Civic Center on May 12 to see the musical "Cats" MacGuire's Restaurant for Crusin' Cuisine on May 16 The Kimbell Art, the Modern Art, and the Cowgirl Hall of Fame Museums in Fort Worth on May 24 Granbury Opera House on May 27 to see "Magical Music from the Silver Screen" Mayor Phelps read and presented a proclamation to Katie Roberts, Senior Advisory Board Chair, representing Farmers Branch senior citizens. A motion by Mayor Pro Tern Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," proclaimed May as Older Americans' Month in Farmers Branch. A.3 THIS ITEM WAS HEARD AFTER AGENDA ITEM A.5. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave a brief summary of the items discussed in Study Session. Volume 97, page 2 A.3 CONSIDER PROCLAIMING MAY AS ASIAN AMERICAN HERITAGE MONTH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch values the contributions that Asian Americans have made to the City, to our culture, and to our economy. Approximately three percent of the residents of Farmers Branch are of Asian descent, as well as three percent of the City's employees; and more than 16 of the City's businesses are owned by Asian American companies, and three Asian-based churches call Farmers Branch home. Likewise, Brookhaven College reports that their fastest growing group of students at the campus are of Korean descent. During the past year, the City of Farmers Branch and the Asian Community have participated together in several successful ventures. Those have included: • Developing a business relationship with the City of Jiaxing, China • Having staff representation in tourism and business trade mission trips to China, including and on behalf of Farmers Branch businesses • Supporting Farmers Branch hotels in the development of Asian tourism, including working with one hotel for the contract to house Korean Airlines crew members • Participation in activities of the Taiwanese Chamber of Commerce of Dallas Fort Worth and the Greater Dallas Asian American Chamber of Commerce • Participation in activities of the Vietnamese-American Media Association and the Vietnamese American Community of Greater Dallas Fort Worth Activities planned for Asian American Heritage Month to be hosted at the Farmers Branch Manske Library include: May 6 -Movie, Crouching Tiger, Hidden Dragon May 17- Origami classes May 18 - Kamishibai Japanese storytelling and Koi craft May 20 - Anime Movie Time - Howl's Moving Castle Month of May - Chinese "Show and Tell" Displays from local residents Mayor Phelps read and presented a proclamation declaring May as "Asian American Heritage Month" to Milton Nee, a Farmers Branch resident and business operator, along with Dr. Sunhee Hong, President of the Dallas-Fort Worth Asian-American Citizens Council, Ms. Margaret Tsai, Treasurer of the Dallas-Fort Worth Asian-American Citizens Council, and Dr. Jianhuan Ding, Executive Vice President of the Dallas-Ft. Worth Asian-American Citizens Council. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 97, page 3 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 Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 3, 2006. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING ON APRIL 17, 2006. B.3 APPROVED REVISED FINAL PLAT OF WESTSIDE ADDITION SECTION 1. B.4 ADOPTED RESOLUTION NO. 2006-051 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE PROVISION OF SERVICES TO MAINTAIN THE CITY OF CARROLLTON'S FIRE DEPARTMENT VEHICLES BY THE CITY OF FARMERS BRANCH EQUIPMENT SERVICES DEPARTMENT. B.5 ADOPTED RESOLUTION NO. 2006-049 AWARDING THE BID FOR PAINTING AND WALL COVERING REPLACEMENT AT THE FARMERS BRANCH JUSTICE CENTER TO CONCORD COMMERCIAL SERVICES, INC. C.1 CITIZEN PARTICIPATION. Cindy Goodspeed, 12950 Epps Field, stated she has lived in Farmers Branch the majority of her life and was unhappy with the prospect of moving her family to a neighboring city. She stated when she heard about the Branch Crossing program she knew her prayers had been answered. Ms. Goodspeed suggested an addition to the Farmers Branch name, such as The Village of Farmers Branch or The Town of Farmers Branch. She also encouraged the Council to continue to look at the future of the City and see how it can be taken further than it already is. Mary VanCompernolle, 2834 Millwood, a business owner and resident, echoed Ms. Goodspeed's comments. She stated location is an asset for Farmers Branch but would like to see improvements. She commented that the City could use new vision and would like to see the City taken to the next step and be improved. David Koch, 3243 Brincrest, stated he appreciated the code enforcement efforts implemented since he last spoke before the Council and would like to see code Volume 97, page 4 enforcement continued. He stated these efforts have great support in the community. Troy Bonneau, 2527 Farmers Branch Lane, stated he would not be spending his money in Farmers Branch. Jay Bohanon, 2935 Selma Lane, has lived in Farmers Branch for six years and would like to reinforce the thought process regarding limiting the number of cars parked in front of residences. He stated he is in favor of agenda item D.2 limiting residential vehicle parking and vehicles being offered for sale in residential zoning districts. C.2 PUBLIC HEARING: CONSIDER A REQUEST FOR THE APPROVAL OF THE FINAL PLAT OF WESTSIDE ADDITION SECTION 2 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Final Plat of Westside Addition Section 2 is a 77.27-acre tract of undeveloped land, generally bounded by the IH-35E, the Burlington Railroad, Valley Branch Circle, and Dallas city limit line. It is a replat of portions of Stanley Works Addition, Valley View Place Section II, and City Pointe Northwest Addition that combines the property into three blocks and dedicates street right-of-way for the extension of Mercer Parkway from the Burlington Railroad to IH-35E. The tract is zoned Planned Development Districts 24 and 61, which allows for a variety of retail and commercial uses. The replat does the following: • Establishes blocks for future subdivision and development; • Dedicates street right-of-way for a new alignment of Mercer Parkway as well as utility easements adjacent to the street to accommodate private utilities; • Abandons street rights-of-way and adjacent utility easements for the previous alignment of Mercer Parkway that is inconsistent with the proposed development plan; • Abandons street rights-of-way and adjacent utility easements for Northern Parkway, which is not included in the proposed development plan • Abandons easements that are not currently in use and are not needed in the future. The Final Plat of Westside Addition Section 2 is consistent with the West Side Plan approved by City Council on October 13, 2003, the City-wide Master Thoroughfare Plan, the Texas Local Government Code, and with City requirements for a replat. The Texas Local Government code requires that a Volume 97, page 5 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 Final Plat of Westside Addition Section 2. Mayor Phelps opened the public hearing. No comments were presented. A motion by Mayor Pro Tem Bird, seconded by Councilman O'Hare all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," approved the Final Plat of Westside Addition Section 2. C.3 PUBLIC HEARING: CONSIDER A REQUEST FOR APPROVAL OF THE PLAT OF ROYAL CROSSING ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Royal Crossing Addition, owned by KOH Health Care Systems, Inc., is a 3.77-acre tract of land located at 2001 Royal Lane between the Burlington Northern Santa Fe Railroad track and the Farmers Branch-Dallas city limit. It is a replat of Booth Addition and subdivides one lot into two lots. The rear lot is presently undeveloped but can be developed at a later date. The plat is consistent with the site plan approved February 6, 2006 for a proposed 4-suite building, located on the south lot, adjacent to Royal Lane. The City of Dallas will provide the water and sanitary sewer service to the development because the City of Farmers Branch does not have water or sewer mains near the property. A mountable curb across the Royal Lane median is to be constructed with the development, to allow Farmers Branch Fire Department vehicles access to the site from the west. A public sidewalk along Royal Lane is proposed with the development. The property is being replatted to subdivide one lot into two lots, to dedicate right-of-way along Royal Lane, and to dedicate a fire lane, utility, and mutual access easement and a City of Dallas water and wastewater easement. The plat of Royal Crossing Addition conforms to the site plan and is consistent with the Texas Local Government Code and with City requirements for a replat. 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. Volume 97, page 6 Planning and Zoning Commission recommends approval of the Plat of Royal Crossing Addition. Mayor Phelps opened the public hearing. No comments were presented. A motion by Deputy Mayor Pro Tern Robinson, seconded by Mayor Pro Tem Bird, all voting "aye," closed the public hearing. There being no further discussion a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," approved the Plat of Royal Crossing Addition. CA PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2006-043 APPROVING THE RENAISSANCE PLACE LOT 1, BLOCK A PLAT AND A DEVELOPER'S CONTRACT WITH DANIEL SANTOS AND LUCIANO SANTOS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Renaissance Place Lot 1, Block A is located on a 1.29-acre undeveloped site at the southwest corner of Fruitland Avenue and Bee Street and is owned by Reliable Cleaning Services. Renaissance Place is a replat of a portion of North Dallas Truck Farms. The developer is proposing an office- warehouse building that will face Fruitland Avenue and a multi-tenant office and retail building that will face Bee Street. The plat is consistent with the staff approved site plan. The property is being platted to combine portions of several lots into one lot, to dedicate a 10-foot utility, sidewalk, street easement and fire lane, and to abandon a 10' easement for utilities that is no longer needed. A Developer's Contract provides for the construction of the sidewalk with the development phasing and the maintenance of enhanced paving and lighting fixtures within the 10-foot utility, sidewalk, and street easement. Renaissance Place is consistent with the Texas Local Government Code and with City requirements for a replat. 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 Renaissance Place Lot 1, Block A plat. Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Volume 97, page 7 There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2006-043 to approve the Renaissance Place Lot 1, Block A plat and associated Developer's Contract. C.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2859 APPROVING THE REQUEST BY BILL BAUMAN ON BEHALF OF METRO PCS FOR A SPECIFIC USE PERMIT TO ADD THREE ANTENNA PANELS AND ASSOCIATED EQUIPMENT TO THE EXISTING MONOPOLE ANTENNA INSTALLATION AT 14400 JOSEY LANE IN THE LOCAL RETAIL-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is within the approximate one-acre TXU service center compound at 14400 Josey Lane. The site houses an existing 108-foot tall monopole tower with existing Verizon Wireless and Nextel antenna systems with associated equipment shelters at the tower's base. The proposed request is for installation of three antenna panels in a triangular array at a height of 67 feet and the addition of two associated equipment cabinets with electrical and mechanical equipment on a concrete pad at the base of the existing tower. . With a recently completed antenna installation, Nextel replaced missing plant material and added 15 live oak street trees along Hollandale Lane and three live oak street trees along Josey Lane to help foster an increased urban ambiance for the neighborhood adjacent to the site. An automatic irrigation system was also added. Further landscaping is neither proposed nor required for this application. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan drawings, with the following condition: The owners of the monopole, attached antenna systems, associated equipment cabinets, and all associated appurtenances, at such time that any of those items become obsolete and/or abandoned, shall remove said items within ninety days of receipt of written notice from the City. Mayor Phelps opened the public hearing. Dave Green, on behalf of Bill Bowman, 416 Fountain Park Drive, Euless 76039, was present to obtain Council's approval on this request and to answer questions of the Council. Milton Nee, 13220 Woodhaven Drive, stated he was pleased to see this item on the agenda and encouraged Council to approve. He asked if the monopole is for Volume 97, page 8 the WiFi and if not, he would hope to see WiFi in Farmers Branch in the near future. Mayor Phelps stated the WiFi is in the process of being installed in Farmers Branch but it is not affiliated with this project. City Manager Linda Groomer announced there is a tentative ribbon cutting ceremony for the new WiFi service on Saturday, May 201h. She stated the first area will be activated one week after the ribbon cutting in the area near City Hall. Thereafter, the west and east sides would be activated, and finally the central part of the City. Installation was expected to be completed in mid-June. Ms. Groomer directed individuals with specific questions regarding the WiFi to web site www.farmersbranch.info/wireless, which has a question and answer section. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," closed the public hearing. Mayor Pro Tern Bird asked Mr. Green if he is in favor of the conditions recommended by the Planning and Zoning Commission. Mr. Green replied yes he is aware of the conditions and agrees with the conditions. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2859 approving the proposed specific use permit including the associated site plan drawings, with the condition as recommended by the Planning and Zoning Commission. 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 COLLOCATION OF THREE ADDITIONAL CELLULAR ANTENNA PANELS TO BE MOUNTED AT A HEIGHT OF 67 FEET ON THE EXISTING MONOPOLE TOWER AND THE ADDITION OF TWO ASSOCIATED EQUIPMENT CABINETS AT THE BASE OF THE MONOPOLE TOWER LOCATED ON AN APPROXIMATELY 1.03-ACRE TRACT AT 14400 JOSEY LANE, WITHIN THE LOCAL RETAIL-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. Volume 97, page 9 C.6 PUBLIC HEARING: CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $83,280 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2006. Projects that are eligible for community development block grants are those projects that promote low-income home ownership, improve or maintain existing low-to- moderate income neighborhoods or eliminate community-threatening conditions. Two areas of the City meet qualifications for the required low-to-moderate income standard to receive CDBG funds. Examples of eligible projects include water and sewer replacements, sidewalks, road projects, park rehabilitation and code enforcement projects. In the past, the City of Farmers Branch has used a significant portion of its grants to fund the HOME program. Since 1994 the City has received $664,142 through this program, which was used to repair over twenty homes. However, due to the Housing and Urban Development Department's regulations on lead-based paint, the County has discontinued the HOME program. The 2002-2003 funding was used for playground replacement at Jaycee Park, the 2003-2004 funding was used for a pedestrian bridge over Cooks Creek in Jaycee Park, and the 2004-2005 funding was used for sidewalks along Cookscreek Place. The 2005-2006 funding is being used for sidewalks along Bee Street. A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the funds should be spent. Funding proposals must be submitted to Dallas County by May 26, 2006. A resolution for the City's proposal will be prepared for City Council approval at the May 16 City Council meeting. Staff recommends that a public hearing be held for public input on the use of Community Development Block Grants. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," closed the public hearing. Deputy Mayor Pro Tem Robinson asked if the funds could be used for rehabilitation or Christmas lighting at the Historical Park. City Manager Linda Groomer replied the funds must be used for qualified projects in census tract blocks for low-to-moderate-income levels. There are only two areas of the City that qualify, and the Historical Park is not one. Volume 97, page 10 Mayor Phelps stated this item would be brought back to the May 16`h City Council meeting for action. D.1 CONSIDER ADOPTING ORDINANCE NO. 2862 AMENDING THE CITY'S 2005-06 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff presented City Council with updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on April 17, 2006. Ordinance No. 2862 amends the 2005-06 fiscal year operating and CIP budget to reflect the changes presented during the Mid-Year Budget Review, including expenditure and revenue adjustments made within each operating fund. A copy of the proposed amended budget is available for public review at the Manske Library and on the City's Web site. Staff recommends the adoption of Ordinance No. 2862 amending the 2005-06 fiscal year operating and capital improvements program budget. It was moved by Deputy Mayor Pro Tem Robinson, seconded by Councilman O'Hare, to separate the overall budget from the water and sewer fund budget and vote on the two items with a separate vote. The motion failed with a 2 to 3 vote, with Councilmembers Robinson and O'Hare voting "aye," and Councilmembers Bird, Moses, and Smith voting "nay." A motion by Councilwoman Smith, seconded by Councilman Moses, to adopt Ordinance No. 2862 as presented amending the City's 2005-06 fiscal year operating budget, amending the capital improvement program budget and directing that City expenditures be made in accordance with the budget as amended. It was moved by Deputy Mayor Pro Tem. Robinson, seconded by Councilmember O'Hare, to amend the motion to approve Ordinance No. 2862, by reducing the current water rate, refunding the $1,000,000 overcharge to the community, making the accounting entry to move $500,000 from the contingency fund to the water and sewer Capital Improvement Project, and when summer has concluded and there is no need for an additional $500,000, that $500,000 be moved to the capital improvement project leaving a sewer contingency fund of $1,000,000 and a refund being made to the citizens of approximately $1,000,000. The motion to amend failed by a vote of 2 to 3, with Councilmembers Robinson and O'Hare voting "aye," and Councilmembers Bird, Moses, and Smith voting "nay." Volume 97, page I I The original motion of Councilmember Smith, seconded by Councilmember Moses, to adopt Ordinance No. 2862 as presented, passed on a vote of 3 to 2, with Councilmembers Smith, Moses, and Bird voting "aye," and Councilmembers Robinson and O'Hare voting "nay." AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2005-2006 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING ORDINANCE NO. 2860 AMENDING THE CHAPTER 56, ARTICLE III OF CODE OF ORDINANCES REGULATING RESIDENTIAL VEHICLE PARKING AND VEHICLES BEING OFFERED FOR SALE IN RESIDENTIAL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City has been receiving an increasing number of complaints regarding the number of vehicles on private property and parked in the streets. The concerns primarily centered on the ability to navigate the crowded streets, including concerns for public safety vehicle access, and perceived decline in the neighborhood due to overcrowding of vehicles in the neighborhoods. Additionally Council and staff have received complaints regarding the number of vehicles that are being sold from residences and vehicles being offered for sale in the street. In response to these concerns, Council directed city staff to study the issues and provide recommendations for addressing the concerns. During the April 17 redevelopment work session, staff presented proposed amendments to the Code of Ordinances relative to property maintenance. The proposed amendments limit the number of vehicles that may be kept at a residence to five (5) and further limit the number of vehicles based on the capability of the property to store the vehicles. The proposed amendment establishes an administrative board that could hear appeals and grant variances to the new vehicle parking restrictions based on established guidelines for hearing variance requests. Additionally, the proposed amendments limit the number of vehicles offered for sale at a residence to two (2) per year, and prohibit commercial property from offering vehicles for sale in parking lots not properly zoned for vehicle sales. Staff recommends approval of Ordinance Number 2860 amending the Code of Ordinances and providing the following regulations: I . Limits the total number of vehicle that may be parked or stored on, or adjacent to a residential lot to five (5). 2. Limits vehicle parking on residential lots that have limited parking area. Volume 97, page 12 3. Prohibits the parking of vehicles that are for sale in the public right-of- way. 4. Prohibits the parking of vehicles for sale in commercial areas not zoned for vehicle sales. There being no discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinance No. 2860 amending the Code of Ordinances regulating residential parking regulations and parking of vehicles for sale. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 56, ARTICLE III OF THE CODE OF ORDINANCES BY REGULATING THE TOTAL NUMBER OF VEHICLES THAT MAY BE PARKED AT OR ABOUT A PROPERTY AND REGULATING VEHICLES BEING OFFERED FOR SALE; 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. D.3 CONSIDER ADOPTING RESOLUTION NO. 2006-050 AUTHORIZING THE CITY MANAGER TO CONTRACT WITH MUNICIPAL SERVICES BUREAU FOR MUNICIPAL COURT COLLECTIONS AND INSURANCE VERIFICATION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Municipal Court processes approximately 24,000 tickets and 6,000 warrants on an annual basis collecting over $2.5 million for Farmers Branch alone. Collection notices are sent out frequently and a City warrant officer is utilized to attempt service on approximately 1,800 warrants throughout the year - primarily in Farmers Branch. The use of a collection agency would provide an additional tool to improve court collections. Many area cities have begun using the services of collection agencies for court collections. Twelve requests for proposal were recently solicited for court collection services. Three companies responded, and staff recommends Municipal Services Bureau as the company that best meets the City's needs. Texas Code of Criminal Procedure 103.0031 allows the governing body of a municipality to enter into a contract with a private vendor for the provision of municipal court collection services. The code also allows the authorization of an additional collection fee in the amount of thirty (30) percent on each case (more than 60 days past due) referred to a collection vendor. A companion item on this Volume 97, page 13 agenda, considering adoption of Ordinance 2861, provides authorization for the City to collect this additional fee. Once collected, the fee would be paid to Municipal Services Bureau for their collection services. The fee is 30% of the balance due on each outstanding judgment, and outstanding cases on or after June 18, 2003. For outstanding cases prior to June 18, 2003, a fee of 10% will be paid. The 10% will be funded from the collected fine amount. Municipal Services Bureau will also provide proof of insurance verification services to the Municipal Court at no charge. Staff recommends the adoption of Resolution 2006-050 authorizing the City Manager to contract with Municipal Services Bureau for Municipal Court Collection and Insurance Verification Services. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2006-050 to enter into a contract with Municipal Services Bureau. DA CONSIDER ADOPTING ORDINANCE NO. 2861 AUTHORIZING A COURT COLLECTION FEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2861 authorizes the addition of a collection fee to Municipal Court cases that are referred to a collection vendor. This fee would then be paid to the collection vendor for their services. Texas Code of Criminal Procedure 103.0031 was added to allow the addition of a collection fee in the amount of thirty (30) percent on each case (more than 60 days past due) referred to a collection agency. Farmers Branch has never used a collection agency for court collections. Most cities in this area now use a collection agency to assist with court collections. The new collection fee equals 30% of the balance due on outstanding cases with an offense that occurred on or after June 18, 2003 - the effective date of the state legislation allowing this fee. The City Judge and Prosecutor are in agreement that the use of a collection agency will assist the court system in clearing outstanding warrants. Staff recommends adoption of this ordinance to authorize the addition of a court collection fee. There being no discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance No. 2861 authorizing a Court Collection Fee. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AUTHORIZING A COURT COLLECTION FEE; PROVIDING A Volume 97, page 14 SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.5 CONSIDER ADOPTING RESOLUTION NO. 2006-037 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DALLAS, GARLAND AND NORTHEASTERN RAILROAD COMPANY TO REPLACE THE RAILROAD CROSSINGS AT ALPHA ROAD AND LANGLAND ROAD FOR AN AMOUNT NOT TO EXCEED $180,000 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An agreement has been prepared for the Dallas, Garland and Northeastern Railroad Company to replace the railroad crossings on Alpha Road west of Inwood and on Langland Road between Welch and Gillis. The replacement includes removal of the old crossing materials and the installation of new pre-fabricated concrete crossing panels. The Dallas, Garland and Northeastern Railroad Company will utilize one contractor, Railroad Repair and Maintenance, Inc., to remove and replace the existing crossings. The total of the estimate received is $121,973.50. The City of Farmers Branch is responsible for all barricading, traffic control, asphalt approaches and any concrete panel repairs necessary for a smooth crossing. The total amount for replacing the railroad grade crossings, barricading, traffic control and concrete panel repairs should not exceed $185,000. The railroad crossing replacement program is budgeted in the Non-Bond Capital Improvement Fund with available funds in the amount of $185,000. The Director of Public Works recommends adopting Resolution No. 2006-037 authorizing the execution of an agreement with Dallas, Garland and Northeastern Railroad Company for railroad crossing replacement on Alpha Road west of Inwood and Langland Road between Welch and Gillis. Deputy Mayor Pro Tern Robinson asked if the Dallas, Garland and Northeastern Railroad Company are replacing the crossing and if the City pays the bill. City Manager Linda Groomer replied the City is responsible for barricading and preparing the area in addition to this contract. Deputy Mayor Pro Tem Robinson asked if the railroad company went out for bid. Director of Public Works Mark Pavageaux stated the railroad had done competitive bidding to select a contractor for all railroad work. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-037 authorizing the execution of agreement regarding railroad crossings. Volume 97, page 15 D.6 CONSIDER RESOLUTION NO. 2006-052 CREATING A TASK FORCE TO CONSIDER REDEVELOPMENT ISSUES AND APPOINTING MEMBERS TO SERVE ON THE TASK FORCE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the April 17, 2006, work session to discuss redevelopment issues, one of the priorities discussed by City Council was the creation of a redevelopment task force. The purpose of the task force would be to explore ways to make the City more attractive to development and to examine redevelopment opportunities for both residential and commercial properties, primarily within the central area of the City generally located between Interstate 35-E and Midway Road. This examination would include, but would not be limited to, infill housing opportunities, retail revitalization, and new development. Specific objectives of the task force identified by Council included: • To assess the City's image and possible marketing strategies; • To assess barriers to development and recommendations for removing those barriers; • To make recommendations to City Council on the prioritization of projects, locations, and city participation; • To make recommendations on financing options for action plans; • To make other recommendations as the task force many deem appropriate; • To provide an interim and a final report to City Council on their work and recommended action plans. It is recommended that the task force be comprised of seven members, and given a period of six months to complete their work. As recommended by the City Council, membership is open to both residents and non-residents. Based on input from City Council, the resolution creating the task force includes the appointment of persons with expertise in real estate, development, economics and retail and housing markets, and banking or financing. It is anticipated that the task force would be comprised of a combination of those and other areas of expertise. Staff recommends approval of Resolution No. 2006-052 creating a redevelopment task force and appointing members. There being no further discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," approved Resolution No. 2006-052 creating a redevelopment task force and appointing members. A motion by Councilman O'Hare, seconded by Mayor Pro Tem Bird, all voting "aye," appointed Ed Bonneau, Gene Bledsoe, Pat Canuteson and RL Lemke to the Branch Revitalization Task Force. Volume 97, page 16 D.7 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, COMMUNITY WATCH COMMITTEE, LIBRARY BOARD, PLANNING AND ZONING COMMISSION, AND THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro tem Robinson, seconded by Councilwoman Smith, all voting "aye,' reappointed Matt Wenthold, Diane Graifemberg, Gloria Aguilar and Lutha Grigsby to the Library Board. A motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye," reappointed David Merrit, Stan Armstrong and Joe Patterson to the Planning and Zoning Commission. A motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," appointed David Kirby and Mark Phillips to the School-Community Relations Committee. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. Councilwoman Smith reported on the Metrocrest Hospital Authority meeting she attended on April 18t1i. She also reported on the Fire Academy, which she and Mayor Phelps attend on Thursdays evenings and Saturday mornings. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:00 P.M. AND THEN CONCLUDED AT 6:21 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 sale, trade or lease of property at Camelot Landfill. Discuss sale, trade or lease of property within the DART Station Area. Mayor Phelps stated that Staff was present to discuss these items with the City Council. Volume 97, page 17 F.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in executive session. A motion by Councilman Robinson, a second by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2006-053 authorizing the City Council to approve the transfer of City of Farmers Branch mineral rights for Camelot Landfill to the Farmers Branch Local Government Corporation. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Bird, seconded by Councilman O'Hare, all voting "aye," adjourned the City Council meeting of May 1, 2006 at 7:59 p.m. Bob Phelps, Mayorl' Cindee Peters, City Secretary Volume 97, page 18