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2006-06-12 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, June 12, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem. Councilmembers Bob Phelps Ben Robinson Tim O'Hare Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Attorney John Boyle City Secretary Cindee Peters Assistant to the City Manager John Roach Director of Economic Development Norma Nichols Reed Finance Director Charles Cox City Engineer Jerry Murawski Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Acting Police Chief David Hale Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of June 12, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Robinson gave the invocation and led the pledge of allegiance. Mayor Phelps welcomed Boy Scouts Troop No. 121 from the Carrollton Christian Academy and had them introduce themselves. Volume 97, page 32 A.2 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation wishes to make a donation of $1,000 to the Police Department on behalf of the local Farmers Branch Wal-Mart store located at 13307 Midway Road. This generous gift represents their appreciation to the Police Department for continued efforts to make Farmers Branch a safer place to live and work. The donation will be utilized by the Police Department to purchase a Taser X26 less-lethal conducted energy weapon. This less-lethal technology gives the Department's officers another tool to assist them in their efforts to make Farmers Branch a safer community. To date, the Wal-Mart Foundation has donated funds that have purchased four Tasers for the Police Department. Valencia Randle, the local Wal-Mart representative at the Farmers Branch store, presented the donation to Mayor Phelps and Acting Police Chief Hale. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," accepted the donation from Wal-Mart to be used to purchase two Taser X26 conducted energy weapons. A.3 CONSIDER ACCEPTING A DONATION FROM THE FARMERS BRANCH ROTARY CLUB FOR THE CITY'S YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Rotary Club would like to donate $2,500 to the City of Farmers Branch to be used by the City's Youth Scholarship Program. The Rotary Club raised the funds through its annual golf tournament, which was held on April 24. Since 1992, when the City implemented its Youth Scholarship Program, Farmers Branch children have benefited by allowing them to participate in recreational activities they would otherwise not be able to access. Funding for the program is raised through donations and grants secured from individuals, businesses, and civic organizations. The program works to assist youths to secure the required supplies and equipment to participate in activities such as sports, band, and dance. Participants have benefited through the purchase of equipment as varied as soccer and dance shoes, baseball gloves, art supplies, band instruments, karate geis, and Scout uniforms. It also supports children by helping with athletic registration fees. The Farmers Branch Rotary Club has been a long-term supporter of community civic projects and activities and is especially involved in assisting senior citizens and children through a variety of philanthropic gestures. Volume 97, page 33 Club President Ben Robinson of the Farmers Branch Rotary Club stated the check has already been given to Mr. Jeff Fuller for the Youth Scholarship Program. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," accepted the $2,500 donation from the Rotary Club. A.4 CONSIDER ACCEPTING A DONATION FROM THE FARMERS BRANCH WOMAN'S CLUB TO THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At their annual award meeting on May 5, 2006, the Farmers Branch Woman's Club donated $2,700 to the Parks and Recreation Department. Of that money, $2,200 was directed to the Farmers Branch Historical Park and $500 was directed to the Farmers Branch Senior Center. The Farmers Branch Woman's Club has been a long-standing supporter of the Parks and Recreation Department. With this donation, their generosity has included donations of more than $9,200 to the Parks and Recreation Department. The Historical Park portion will be utilized to help support the Friends of the Historical Park and the Senior Center portion will be utilized towards the purchase of new audiovisual equipment. Ms. Jolene Fee, President of the Farmers Branch Woman's Club, presented the donation to Mr. Ron Doerler, Chair of the Historical Preservation and Restoration Board, and Mrs. Katie Roberts, Chair of the Senior Advisory Board. A motion by Councilman Smith, seconded by Mayor Pro Tern Robinson, all voting "aye," accepted the $2,700 donation to the Parks and Recreation Department. A.5 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommended the following items for Council's approval: • Turn-of-the-20a'-century coffee grinder; hand carved Swiss butter mold; copper teakettle from Norway; old gem roller organ with 12 cobs; and Kodak panorama camera, circa 1917 donated by Mr. Bob Mason of Addison. • A Dempster No. 12 windmill donated by Mrs. Judy Byrd of Farmers Branch. • Piano rolls donated by Mr. Gerald Thompson of Farmers Branch. Volume 97, page 34 • Steamer trunk belonging to Fan Dennis donated by Ms. Rutha Shackelford of Farmers Branch. • Baby shoes and button hook, ca. 1900, for exhibit in the Queen Anne Victorian Cottage donated by Ms. Barbara Church Alvord of Dallas. • Army unit photograph taken at Ft. Bliss in the mid 1930s donated by Bob Wade of Farmers Branch. A motion by Mayor Pro Tem Robinson, seconded by Mayor Pro Tern O'Hare, all voting "aye," accepted donations to the Historical Park with appropriate letters. A.6 PRESENTATION BY THE JAMES A. SMITH MASONIC LODGE OF THE COMMUNITY BUILDERS AWARD. Mr. Marvin Murphy of the James A. Smith Lodge Number 395 presented the Community Builders Award to Fire Chief Kyle King for his meritorious service to the City of Farmers Branch. Chief King was recognized with a "Community Builders Award." A.7 RECOGNITION OF THE PLANNING DIVISION'S INFORMATION TECHNOLOGY AWARD PRESENTED BY THE AMERICAN PLANNING ASSOCIATION. Mayor Phelps presented the following information. The Information Technology Division of the American Planning Association recently recognized the Planning Division's "e-planning" and "public education and outreach" efforts with the Best Use of Technology for Public Participation Award. Farmers Branch's "e-planning" implements a wide range of electronic services to reach the public regarding planning issues, from Internet video and television to websites and e-mail lists. The Planning website in particular has evolved from a static placeholder to a dynamic news provider, offering up-to-date information about planning topics and proposals. Farmers Branch's "e-planning" reduces geographical distances, makes planning functions more transparent, provides more easily accessible information, improves communications, and saves time and cost for City staff and customers. It builds relationships by reaching out to inform the public, encourage citizen participation, and increase public understanding of planning. Mayor Phelps presented Planning Division staff members Jim Sellards, Becky Bagget, Tina Firgens and Kaizer Rangwala with the American Planning Association Award. A.8 PRESENTATION OF SERVICE AWARD - LINDA KLARK OF THE PARKS AND RECREATION DEPARTMENT - 5 YEARS. Volume W, page 35 Mayor Phelps presented a five-year employee service award to Linda Klark with the Parks and Recreation Department. Mayor Phelps welcomed the remaining Boy Scouts from Troop No. 121 and had them introduce themselves. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.10 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave a brief summary of the items discussed in Study Session. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," accepted the Consent Agenda as amended. A motion by Mayor Pro Tern Robinson, seconded by Deputy Mayor Pro Tern O'Hare voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 16, 2006. B.2 ADOPTED RESOLUTION NO. 2006-064 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF PLANO, TEXAS. B.3 ADOPTED RESOLUTION NO. 2006-061 APPROVING DEVELOPMENT AGREEMENT NO. 8 WITH AMERICAN REALTY TRUST, INC., INCOME OPPORTUNITY REALTY INVESTORS, INC., AND TRANSCONTINENTAL REALTY INVESTORS, INC. FOR CONSTRUCTION OF MERCER PARKWAY FROM 300 FEET EAST OF LUNA ROAD TO IH-35, KNIGHTSBRIDGE ROAD, BOND STREET, AND THE EAST LIFT STATION. Volume 97, page 36 B.4 REMOVED FROM CONSENT AGENDA AND HEARD BEFORE COUNCIL. B.5 ADOPTED ORDINANCE NO. 2865 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 95; RELATIVE TO PROHIBITING PARKING ALONG PORTIONS OF BELTWOOD PARKWAY NORTH, BELTWOOD PARKWAY SOUTH AND BELTWOOD PARKWAY EAST. ORDINANCE NO. 2865 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 6, PARKING, SECTION 82-95, NO PARKING ZONES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. B.6 ADOPTED ORDINANCE NO. 2866 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 4, TURNING MOVEMENTS, SECTION 82-61 RELATIVE TO PROHIBITING U- TURNS ON NORTHBOUND MARSH LANE AT WOODED CREEK DRIVE. ORDINANCE NO. 2866 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 4, TURNING MOVEMENTS, SECTION 82-61, U-TURNS PROHIBITED; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.4 CONSIDER ADOPTING RESOLUTION NO. 2006-065 APPROVING A SUPPLEMENT TO THE STREET LIGHTING SERVICE AGREEMENT IN THE AMOUNT OF $69,577.18 WITH TXU ELECTRIC DELIVERY FOR THE INSTALLATION OF STREETLIGHTS FOR MIRA LAGO PHASE I AND TAKE APPROPRIATE ACTION. This item was removed from Consent and placed for discussion upon the request of a person from the audience. On December 21, 1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved by the City Council to fund public streets, sidewalks, Volume 97, page 37 drainage improvements, water system improvements, sanitary sewer system improvements, and other enhancements, including street lights on the west side of the City. TIF No. 1 was created to provide a financing tool for the public improvements to encourage and facilitate new development. Mira Lago, Phase 1 is the first phase of public improvements on the land southwest of the IH-635 and Luna Road interchange behind the Omni Hotel. TXU Electric Delivery will install new streetlights. The cost for installation is $69,577.18. A supplement to the existing streetlight services agreement with TXU Electric Delivery for the installation of the streetlights by TXU Electric Delivery has been prepared. Once installed, TXU Electric Delivery will operate and maintain the streetlights under the existing electric service agreement with the City. Funds are available in TIF No. 1 for this streetlight project. The City Engineer recommends adopting Resolution No. 2006-065 approving a supplement to the street lighting service agreement with TXU Electric Delivery for the installation of streetlights for Mira Lago Phase I in the amount of $69,577.18. John Wells, 13521 Heartside Place, commented that it was his understanding that TXU Electric maintains the streetlights in Farmers Branch. He stated a good percent of the streetlights on Stemmons Freeway from Valley View to Carrollton are burned out or lying in the street, and stated lights in front of City Hall on Valley View do not burn as well as lights throughout the City. He asked if the City could pay another company to do a better job in taking care of the lights. City Engineer Jerry Murawski stated TXU Electric provides the service and the City contracts with them to install lights and keep them operational. Mr. Murawski stated some of the lights that do not burn need more than a new light bulb. Sometimes there are circuit problems that are not easily identified or quickly fixed. He stated the lights along Stemmons Freeway belong to the City, and the City had difficulty finding contractors to do the repairs. He also stated that the Texas Department of Transportation is making improvements on Interstate 35 close to Interstate 635, and the construction has caused some of the lights to be shut off. Deputy Mayor Pro Tern O'Hare asked what the City's options are. City Engineer Jerry Murawski stated he does not know of any company that does this type of work, and knows of only one city that has looked into the streetlight business. He stated it is a major investment in equipment and materials to install, operate, and maintain streetlights. City Manager Linda Groomer commented that TXU Electric subcontracts a lot of their work since deregulation, adding to the problem. Mr. Murawski added that Volume 97, page 38 TXU streetlights and associated infrastructure are aging and wearing out and they do not have a good program for replacing the old and deteriorated streetlights and associated infrastructure. Mayor Phelps stated this discussion does not reflect the agenda item B.4 that has to do with the installation of streetlights in Mira Lago, Phase I. There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2006- 065 approving a supplement to the street lighting service agreement relative to Mira Lago Phase I. C.1 CITIZEN PARTICIPATION. Richard Amaedo, 14800 Enterprise, expressed his concerns regarding the signage along Interstate 35 and wished to have some clarification regarding the sign ordinance. Mayor Phelps stated staff would be available to discuss this with him. John Wells, 13521 Heartside Place, also expressed his concerns regarding the signage along Interstate 35. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF CAMBRIDGE CROSSING BEING A REPLAT OF LOT 2, BLOCK A, EXXONMOBIL ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Cambridge Crossing is an 11.9-acre site of undeveloped property at the northwest corner of Sigma Road and Alpha Road and is owned by Alpha Road Partners, Ltd. The owner is proposing a town home residential development and is replacing Lot 2, Block A of ExxonMobil Addition to provide for this development. The proposed Cambridge Crossing Final Plat subdivides the property into 184 residential lots, one common area lot, and a mutual access area. It also dedicates fire lanes and multiple-use easements, utility easements, and a right-of-way for a proposed turn lane on Alpha Road. The development's internal roadway system consists of privately maintained fire lanes and mutual access roadways. A homeowners' association has been established to maintain the common areas. Cambridge Crossing 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 & Zoning Commission recommends approval of the Final Plat of Cambridge Crossing. Volume 97, page 39 Mayor Phelps opened the public hearing. No comments were presented. A motion by Mayor Pro Tem Robinson, seconded by Councilman Bird, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," approved the Final Plat of Cambridge Crossing. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-063 AWARDING THE BID FOR THE MIRA LAGO PHASE I SIDEWALKS AND AMENITIES TO WEST TEXAS REBAR PLACERS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Mira Lago Addition, Phase I is the development presently under construction southwest of the Omni Hotel, bounded by IH 635, the Elm Fork of the Trinity River, Farmers Branch Creek and Luna Road. It consists of a four-story building that will have 206 residential units, first floor retail and office space, and a parking garage. Completion is anticipated in early fall of this year. The Mira Lago Addition development is entirely within the Tax Increment Financing District No. 1., known as TIF No. 1. The development will be an urban village with a continuous pedestrian area covered with concrete pavers between the street and the building. Some of the pedestrian area is within public street right-of-way and some is on private property. On March 20, 2006 the City Council approved a construction agreement with Transcontinental Investors Inc., the developer, for pedestrian amenity improvements associated with Mira Lago Addition Phase I. This agreement provides for the City to administer the contract for the entire installation of concrete pavers in the pedestrian areas both within public street right-of-way and on the adjacent private property. The agreement requires that the developer advance the funds for the work being performed on private property before the City Council considers awarding the bid. The advance is to include ten percent for possible change orders. The installation of concrete pavers under one construction contract will ensure that the pedestrian area has the uniformity and continuity that is desirable in an urban development. The bid also provides for the installation of nine bollards that will be placed on the north side of Mira Lago Boulevard adjacent to the public open space plaza. On May 23, 2006, three bids were received and opened for the construction of the public and private sidewalks associated with Phase 1. All bids met specifications. The lowest bid was received from West Texas Rebar Placers in the amount of $130,625.00. West Texas Rebar Placers has provided adequate references for similar work. The time of completion for this work is 60 calendar days. Volume 97, page 40 The City has received the developer advance of $41,584, which includes the bid amount for the work being performed on private property plus ten percent. The TIF has funds available and planned for the balance of this contract. The City Engineer recommends adopting Resolution No. 2006-063 awarding the bid for Mira Lago Phase I sidewalks and amenities to West Texas Rebar Placers in the amount of $130,625.00. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-063 awarding the bid for Mira Lago Phase sidewalks and amenities to West Texas Rebar Placers. D.2 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be brought back to the July 17a' City Council meeting. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, requests, committee or organizational reports. 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 4:23 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 4:52 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 ACQUISITION -TEXAS GOVERNMENT CODE SECTION 551.072. Discuss lease agreement for soccer complex near Keenan Bridge Road. Discuss land sale, purchase, trade or lease of properties in the DART Station Area located in Farmers Branch, Texas. Discuss Farmers Branch Keenan Cemetery. Volume 97, page 41 Mayor Phelps stated City Staff was present to discuss these items with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," adjourned the City Council meeting of June 12, 006 at 7:28 p.m. on Bob Phelps, Mayo Cindee Peters, City Secretary Volume 97, page 42