Loading...
2006-08-21 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, August 21, 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 City Engineer Director of Public Works Director of Parks and Recreation Police Chief Acting Police Chief Fire Chief Library Director Director of Community Services Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Matthew Boyle Cindee Peters John Roach Charles Cox Jerry Murawski Mark Pavageaux Jeff Fuller Sid Fuller David Hale Kyle King Danita Barber Michael Spicer Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of August 21, 2006 to order at 6:43 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Bird gave the invocation and Deputy Mayor Pro Tern O'Hare gave the pledge of allegiance. Volume 97, page 65 A.2 CONSIDER ACCEPTING A $2,000 MATCHING GRANT FROM THE TEXAS HISTORICAL COMMISSION TO THE FARMERS BRANCH HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Historical Commission, or THC, has awarded a $2,000 grant to the Farmers Branch Historical Park to be used at the Park's sixth annual Archeology Fair on October 14a'. The THC has declared October as "Texas Archeology Month" to "give Texans an opportunity to understand - the depth and richness of our heritage from the former dwelling sites of prehistoric hunters to ancient shipwrecks and Civil War sites; - the historical significance of the state's archeological sites; - the importance of proper archeological practices; and - the contributions of professional and avocational archeologists." Since the funds are a matching grant, the Historical Park must fund $2,000 out of its budget, and the THC will then match the Historical Park's spending up to $2,000. The grant money will go toward offsetting the cost of the American Indian demonstrations, hands-on activities and supplies for the event. The Director of the Parks and Recreation Department recommends accepting the $2,000 matching grant from the Texas Historical Commission. A motion by Councilman Smith, seconded by Councilman Bird, all voting "aye," accepted the matching grant from the Texas Historical Commission. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 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. Volume 97, page 66 A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 7, 2006. B.2 ADOPTED ORDINANCE NO. 2874 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 95; PROHIBITING PARKING ALONG COOKSCREEK PLACE; REPEALING ORDINANCE NO. 2642. ORDINANCE NO. 2874 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; REPEALING ORDINANCE 2642; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. B.3 ADOPTED RESOLUTION NO. 2006-085 APPROVING 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.4 ADOPTED RESOLUTION NO. 2006-072 AWARDING THE BID FOR LARGE WATER METERS IN AN AMOUNT NOT TO EXCEED $36,250 TO HUGHES SUPPLY INC. C.1 CITIZEN PARTICIPATION. Mayor Phelps reminded the audience that the Citizen Participation item permits anyone to speak to the City Council on matters that are not on the formal agenda. However, in compliance with the provisions of the Open Meetings law, the City Council cannot deliberate or take action on any item that has not been posted on the City Council agenda. Mayor Phelps asked participants to limit remarks to two minutes. He also stated that a number of persons had already addressed the Council during the Study Session portion of the meeting. Mike Chenault, 6240 Ravendale, Dallas, spoke in favor of the proposal regarding illegal immigrants. Volume 97, page 67 Mark Chenault, spoke in favor of the proposal regarding illegal immigrants. Douglas Cucovatz, 2650 Marietta, spoke in favor of the proposal regarding illegal immigrants. Doyle Doman, 14429 Sunrose Lane, spoke in favor of the proposal regarding illegal immigrants. Meghan Trevino, 3011 Candlewick Lane, spoke in favor of the proposal regarding illegal immigrants. Sarah Whitfield, 3034 Topaz Lane, stated the purpose of the proposed ordinance should be legality, not bias. Jim Manning, 3712 Clubway Lane, spoke in opposition to the proposal regarding illegal immigrants. Adrien Cuellar-McGuire, 3703 Wooded Creek Drive, spoke in opposition to the proposal regarding illegal immigrants. Chris McGuire, 3703 Wooded Creek Drive, suggested the City hire someone to instruct Council on how to better handle these types of issues, due to its sensitive nature. Stephen Blackburn, 3102 Oaklawn, Dallas, Chair of the Legal Panel of the ACLU of Dallas, spoke on the supremacy clause of the Constitution. Maite Chatskis, 13231 Veronica Road, stated she would like to see that people that are here legally are not hurt by any proposed action. Domingo Garcia, 1107 W. Jefferson, Dallas, National Chairman for Civil Rights for LULAC, spoke in opposition to the proposal regarding illegal immigrants. Kathleen Matsumura, 3938 Clubway Lane, spoke in opposition to the proposal regarding illegal immigrants. John Wells, 13251 Heartside Place, stated City Manager Linda Groomer will be retiring and he would like to see City staff be considered for her replacement. Linda Subject, 2949 Primrose Lane, spoke in support of the proposal regarding illegal immigrants. Harold Fraylick, 13831 Braemar Drive, stated he would like for the City to enforce the code enforcement laws on the books. Volume 97, page 68 Elaine Luttrell, 13439 Glenside Drive, spoke in favor of the proposal regarding illegal immigrants. Shirley Call, 2424 Bay Meadow Circle, stated the immigration issue is not about race it is about obeying laws. Salvador Parada, stated this immigration issue has hurt him deeply. C.2 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 2868 TO CHANGE THE ZONING ON MULTIPLE PROPERTIES KNOWN AS MERCER CROSSING, COMPRISING APPROXIMATELY 875 ACRES LOCATED WEST OF INTERSTATE 35-E/STEMMONS FREEWAY AND GENERALLY BOUNDED BY VALLEY VIEW LANE AND THE COOKS BRANCH CREEK LEVEE TO THE NORTH; THE ELM FORK OF THE TRINITY RIVER AND LUNA ROAD TO THE WEST; CROWN DRIVE TO THE SOUTH; AND INTERSTATE 35E/STEMMONS FREEWAY TO THE EAST, FROM PLANNED DEVELOPMENT DISTRICT NOS. 24, 50, 60, 61, 72, 77, 78 AND 85 TO PLANNED DEVELOPMENT DISTRICT NO. 88 - MERCER CROSSING CODE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Mercer Crossing Code is based on the fundamental concepts of Centers, Corridors, Districts, and Preserves as articulated in the West Side Plan adopted by City Council in 2003. The proposed Mercer Crossing Code will consolidate and replace portions or all of eight existing planned development zoning districts; continue to permit a broad range of land uses throughout the entire area; introduce multi-family residential in select locations; and foster a better form of development that will also result in better public spaces, particularly street spaces. The Mercer Crossing Code is organized around three general districts: the Urban Center, the Urban Center Reserve, and the Commerce District. The Urban Center district includes a detailed Regulating Plan that lays out an urban street grid and sets forth specific standards designed to produce a mixed-use, pedestrian-oriented place having broad sidewalks and street trees, shop fronts, sidewalk cafes, and other commercial uses at street level, with upper story residences or offices. The Urban Center Reserve will allow for future expansion of the Urban Center subject to City Council approval of a Regulating Plan that would be prepared by the developer. The Commerce District includes comparatively more flexible provisions that would allow commercial development ranging from small, single lot, one-story, single use projects, such as a stand-alone office or retail buildings - including big box retail - to large, multi-site, multi-story, mixed use developments, shopping centers, business parks and corporate campuses. The Mercer Crossing Code also establishes corridors to accommodate an extensive trail system and identifies specific locations for parks and open space preserves consistent with the objectives of the West Side Plan. Volume 97, page 69 The Planning and Zoning Commission, by unanimous vote, recommends approval of Ordinance No. 2868 changing the zoning on approximately 875 acres to Planned Development No. 88 - Mercer Crossing Code. Mayor Phelps opened the public hearing. A motion by Councilman Smith, seconded by Councilman Moses, all voting "aye," closed the public hearing. Director of Community Services Director Michael Spicer gave the Council a brief presentation on the Mercer Crossing Code. There being no further discussion, a motion by Councilman Bird, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," approved the following captioned Ordinance No. 2868, changing the zoning on approximately 875 acres to Planned Development No. 88 - Mercer Crossing Code. 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 CHANGING THE ZONING DISTRICT CLASSIFICATION OF MULTIPLE PROPERTIES COMPRISING APPROXIMATELY 875 ACRES IN AREA GENERALLY LOCATED WEST OF INTERSTATE 35E AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT A AND EXHIBIT B, FROM PLANNED DEVELOPMENT DISTRICT NOS. 24 (PORTION THEREOF), 50, 60, 61, 72, 77, 78, 85 TO PLANNED DEVELOPMENT NO. 88 (PD-88) MERCER CROSSING CODE; ESTABLISHING USE AND DEVELOPMENT STANDARDS FOR PD-88; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: TO CONSIDER MAINTAINING A $0.4945 PROPERTY TAX RATE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A public hearing is being held to consider maintaining a 49.45-cent property tax rate for the 2006-07 fiscal year. In compliance with the State Property Tax Code, the City Council passed a motion during the August 7, 2006 City Council meeting proposing that the City maintain a 49.45-cent property tax rate. No tax rate was adopted at that meeting. Two public hearings regarding this proposal were scheduled, one for tonight, and the second one on September 5, 2006. Tax rate adoption is scheduled during the City Council meeting on September 18, 2006. The following procedure is recommended: Volume 97, page 70 1. Mayor will open hearing. 2. Comments will be heard from citizens. 3. Hearing will be closed. 4. City Council discussion. Mayor Phelps opened the public hearing. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," closed the public hearing. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-078 AWARDING THE BID FOR PAINTING THE ELEVATED WATER STORAGE TANK LOCATED AT BELT LINE ROAD AND MARSH LANE TO J.R. STELZER COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2005-2006 Capital Improvement Program Non-bond Utility Fund contains funds for painting the 1.5 million gallon elevated water storage tank at Belt Line Road and Marsh Lane. The tank was last painted in 1990 and the exposure to the Texas sun has deteriorated the paint to the extent that it needs to be repainted. Tanks in this area generally need painting every fifteen years. The painting of the tank was previously bid in February 2006 with $651,200 being the lowest bid received. On February 20, 2006, all bids were rejected by the City Council at the recommendation of staff because the bids were considered to be too high. In order to yield lower bid prices, the bid specifications were changed to provide additional contract time, additional testing of the existing paint was performed, and the project was rebid. Seven bids for the tank painting were opened on August 10, 2006. All the bids met specifications. The lowest responsible bid was received from J.R. Stelzer Company in the amount of $607,810. J.R. Stelzer Company has provided adequate qualifications and references for similar work. The contract requires the job to be completed by April 15, 2007. The tank will be completely shrouded and the existing paint will be sandblasted off and disposed of prior to the application of the new coating. The existing cathodic protection system will be removed and in lieu of installing new cathodic protection, a zinc-based primer will be applied. The zinc-based primer negates the need for cathodic protection and the requirement to annually monitor the effectiveness of the cathods. The City Engineer recommends the adoption of Resolution No. 2006-078 awarding the bid for the painting the elevated water storage tank located at Belt Line Road and Marsh Lane to J.R. Stelzer Company, in the amount of $607,810. Volume 97, page 71 Councilman Moses asked for clarification of the price difference between the low bidder and the high bidder. City Engineer Jerry Murawski stated the low bidder Stelzer has a very good national reputation. He stated neither he nor the consultant had any concerns a-awarding the bid to Stelzer. Councilman Moses asked if there would be any signage on the elevated water storage tank. Mr. Murawski replied the only sign would be the Farmers Branch logo similar to the one on the west side elevated storage tank. There being no further discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2006- 078 awarding the bid for the painting of the elevated water storage tank located at Belt Line and Marsh Lane. D.2 CONSIDER ADOPTING RESOLUTION NO. 2006-087 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE AND RETIREE INSURANCE AND BENEFIT PROGRAMS, INCLUDING LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, VISION AND SUPPLEMENTAL INSURANCE AND REJECT THE BIDS FOR THE CONSOLIDATION OF HEALTH SAVINGS ACCOUNT AND FLEXIBLE SPENDING ACCOUNT ADMINISTRATION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City offers a competitive employee benefits package including core insurance that is provided by both the City and employees and optional, or voluntary, coverage that the employees may elect to take at their cost. Contracts expire on September 30, 2006 for term life, accidental death and dismemberment, vision, and supplemental coverage such as cancer and short-term disability. Staff also sought bids for the consolidation of the administration of the employees' health savings accounts and flexible spending accounts that are currently managed by two entities. On July 9, requests for proposals were sent to 67 companies and 13 returned proposals. Staff recommends the following companies be awarded contracts: • Fort Dearborn Life as the life and accidental death and dismemberment • insurance provider; • Superior Vision as the vision benefit insurance provider; • Jefferson Pilot for short-term disability; and • AFLAC as the provider for supplemental insurance coverage. Only two bids, from MGIS and UnitedHealthcare, were received to consolidate the administration of employee health savings and flexible spending accounts. These bids represented no cost savings to the employees or the City. The Human Resources Director recommends adopting Resolution No. 2006-087 authorizing the City Manager to enter into contracts for employee benefits with Fort Dearborn Life, Superior Vision, Jefferson Pilot and AFLAC and reject the Volume 97, page 72 bids from MGIS and UnitedHealthcare for the administration of employee health savings and flexible spending accounts. There being no discussion, a motion by Deputy Mayor Pro Tem O'Hare, seconded by Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2006-087 to authorize the City Manager to enter into contracts for employee benefits and reject the bid for the consolidation of employee health savings and flexible spending accounts. D.3 CONSIDER APPOINTMENTS TO THE SENIOR ADVISORY BOARD, MUNICIPAL COURT JUDGES, AND COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Councilman Moses, seconded by Mayor Pro Tem Robinson all voting "aye," reappointed Rick Lyon, Hugh McWhorter, Katie Roberts, Don Brockman and Peggy Pyle to the Senior Advisory Board. Mayor Phelps stated the reappointment of the Municipal Judges would return to Council at a later date after the City Council meets with the judges. City Manager Linda Groomer introduced the new Police Chief Sid Fuller. She reviewed his background and experience and welcomed him from the Irving Police Department. DA 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. 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 6:11 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 6:40 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 ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Volume 97, page 73 Mayor Phelps stated that staff was present to discuss this item with City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss lease agreement for soccer complex near Keenan Bridge Road. Discuss Keenan cemetery acquisition. Mayor Phelps stated that staff was present to discuss this item with City Council. E.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss city manager recruitment. Mayor Phelps stated that staff was present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive items. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, with Robinson, Bird, O'Hare, and Smith voting "aye" and Councilman Moses voting "nay," approved the hiring of the firm of Waters-Oldani Executive Recruitment for the recruitment of a new city manager. Mayor Phelps stated that City Council was updated on the remaining items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Smith, all voting "aye," adjourned the City Council meeting of August 21, 2006 at 8• p.m. 'fir' IJ ~i Bob Phelps, Mayor Cindee Peters, City Secretary Volume 97, page 74