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2006-09-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 18, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem 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 Assistant City Manager Assistant City Manager City Attorney City Secretary Finance Director City Engineer Director of Public Works Director of Parks and Recreation Library Director Deputy Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Matthew Boyle Cindee Peters Charles Cox Jerry Murawski Mark Pavageaux Jeff Fuller Danita Barber David Hale Kyle King Michael Spicer Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of September 18, 2006 to order at 6:35 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Robinson gave the invocation and Councilman Smith led the pledge of allegiance. Volume 97, page 92 A.2 CONSIDER ACCEPTING $10,000 DONATION FROM JOHN AND SANDI HOLZGRAEFE TO THE FARMERS BRANCH HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Historical Park has been approached by John and Sandi Holzgraefe to create a rose garden in the Park as a memorial to Sandi's mother, Ruthan Rodgers. Mrs. Rodgers was an active member of Brookhaven Country Club, Christ United Methodist Church, and had a fondness for the Historical Park and the preservation of history. The Holzgraefes would make a gift of $10,000 for the rose garden project, which has been a goal of the Parks and Recreation Department for many years. There have been several meetings with Mrs. Holzgraefe, Parks and Recreation staff and the Historical Preservation and Restoration Board to determine the location and style of such a garden. The Historical Preservation and Restoration Board voted unanimously at their August 15, 2006 Board meeting to recommend accepting the donation to City Council. Part of the proposed rose garden is designed for the open area north of the Queen Anne Victorian Cottage and will contain a collection of antique roses and companion plants appropriate to the Victorian time period. The garden will be designed so that it can be utilized for weddings and parties. Another planting of roses is proposed for the area south of the parking lot, between the parking lot and Farmers Branch Creek. Patrons taking advantage of future DART light rail will be able to easily glimpse this planting as they enter or leave Farmers Branch as it is only a stone's throw away from the planned Transit Area. This planting will also be part of a research program that has sites in 23 states and three countries. Scientific research in conjunction with Texas A&M University will be conducted to evaluate rose selections to determine the worthiness of future rose varieties as Earthkind---a designation requiring planting and maintenance techniques that need little or no chemical additives such as fertilizer or pesticides. This area of the rose garden will not only be an aesthetic asset but also as a resource for visitors to learn about different roses and how to create and maintain a garden utilizing less water, chemicals, and fertilizer. In addition, the garden could be the impetus for further beautification of Farmers Branch through the creation of additional rose gardens in the City, with the intent to help solidify Farmers Branch's position as a destination city. This donation from the Holzgraefes will help Farmers Branch begin the process of having rose gardens that can be the showcase of North Texas, drawing many visitors to Farmers Branch every year. In addition to the partnership with Texas A&M, Parks and Recreation Department staff is exploring additional alliances with the Rose Society, the Brookhaven Volume 97, page 93 Garden Club, and the Dallas County Master Gardener Association to expand the presence of roses throughout the City. A motion by Mayor Pro Tem Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," accepted the $10,000 donation from John and Sandi Holzgraefe to create a rose garden in the Historical Park, including a plaque in the rose garden and appropriate thank you letter. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor and the 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 Tem Robinson, seconded by Councilman Smith, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 5, 2006. B.2 ADOPTED RESOLUTION NO. 2006-101 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KASNER & ASSOCIATES FOR SALES AND USE TAX ANALYSIS SERVICES. B.3 ADOPTED RESOLUTION NO. 2006-095 TO MAINTAIN THE CITY'S INVESTMENT POLICY. B.4 ADOPTED RESOLUTION NO. 2006-092 AUTHORIZING RENEWAL OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH IN THE AMOUNT OF $6,856. Volume 97, page 94 B.5 ADOPTED RESOLUTION NO. 2006-097 AUTHORIZING THE CITY MANAGER TO ACCEPT A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P.) GRANT FROM THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $70,000. B.6 ADOPTED RESOLUTION NO. 2006-098 FOR ENGINEERING AND CONSULTING SERVICES FOR THE DEVELOPMENT OF A LANDFILL GAS TO ENERGY PROJECT AT THE CAMELOT LANDFILL TO WEAVER BOOS CONSULTANTS, LLC- SOUTHWEST IN THE AMOUNT OF $46,840. C.l PUBLIC COMMENTS. J Bohanon, 2935 Selma Lane, spoke supporting proposals regarding illegal immigration. Paul Heller, 13806 Wooded Creek Drive, stated he appreciates the City having agendas on the Internet. Joe Wells, 2750 Leta Mae Circle, spoke supporting proposals regarding illegal immigration. Richard Fleming, 1101 Shawnee, Carrollton, stated Farmers Branch is a unique city and needs to be run like a corporation. Harold Froehlick, 13831 Braemar Drive, stated the code enforcement problem he spoke to Council about several weeks ago has been taken care of and he is somewhat gratified. He would also like to see code enforcement continue. John Wells, 13251 Heartside Place, declined to speak on a particular item because he felt his freedom of speech had been denied earlier. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2880 APPROVING THE REQUEST FROM METROPCS FOR A SPECIFIC USE PERMIT TO COLLOCATE A SIX-PANEL CELLULAR ANTENNA SYSTEM ON THE FARMERS BRANCH WATER TOWER LOCATED ON APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE DISTRICT-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. MetroPCS is proposing installation of an antenna system comprised of six antenna panels on the City of Farmers Branch water tower located at the Justice Center. The antenna panels are Volume 97, page 95 proposed to be installed on the water tower column and an equipment shelter is proposed to be sited northwest of the base of the tower. The proposed antenna panels will be mounted in similar fashion to existing antennas on the water tower column and will form the uppermost row of antennas. The proposed equipment shelter will be painted the same color as the Justice Center building. The Planning and Zoning Commission unanimously recommends approval of the specific use permit and associated site plan with the following conditions: 1. The equipment shelter's exterior finish shall match the color of the Justice Center building and the antennas shall match the color of the water tower. 2. MetroPCS or subsequent owner of the antenna system and equipment shelter shall remove the wireless communications antenna, associated equipment shelter, and all appurtenances within ninety (90) days subsequent to such time that the antenna and equipment shelter become obsolete and the use is abandoned. 3. MetroPCS shall provide a licensed engineer's statement addressing the structural stability and integrity of the water tower with respect to the installation of the proposed antenna system, subject to review and approval by the Director of Public Works, prior to issuance of any construction permits. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," closed the public hearing. A motion by Councilman Smith, seconded by Councilman Bird, all voting "aye," continued this item until the October 2, 2006 City Council meeting. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT TO COLLOCATE A SIX-PANEL CELLULAR COMMUNICATIONS ANTENNA SYSTEM ON THE CITY OF FARMERS BRANCH WATER TOWER LOCATED ON APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE DISTRICT-2 (R-2) ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO Volume 97, page 96 THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2881 APPROVING THE REQUEST OF BURY AND PARTNERS ON BEHALF OF SUNL GROUP FOR SPECIFIC USE PERMITS TO ALLOW MOTOR VEHICLE SALES, MOTOR VEHICLE REPAIR AND PARTS INSTALLATION OF ANY TYPE, AND OUTSIDE DISPLAY FOR A PROPOSED MOTORCYCLE DEALERSHIP, ON APPROXIMATELY 1.51 ACRES LOCATED AT 13700 STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 70 OLD FARMERS BRANCH- FREEWAY SUBDISTRICT ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of specific use permits to allow for a motorcycle dealership and associated service repair operations, as well as outside display. A specific use permit is required for motor vehicle sales, motor vehicle parts or parts installation and outside display within the Planned Development No. 70, Old Farmers Branch - Freeway Subdistrict zoning district. Items to be sold at the proposed motorcycle dealership include street motorcycles, off-road vehicles, and scooters. The Planning and Zoning Commission approved three special exceptions pertaining to parking, loading area and signage requirements. This request complies with the PD-70 zoning ordinance standards, excluding the special exceptions. The request is consistent with the 1989 Comprehensive Plan, which recommends "general commercial" for the subject site. The Planning and Zoning Commission unanimously recommends approval of the requested specific use permits, with the following condition: 1. The applicant shall dedicate all necessary utility and fire lane easements prior to issuance of a Certificate of Occupancy. Mayor Phelps opened the public hearing. 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 Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted the following Volume 97, page 97 Ordinance No. 2881 approving the specific use permits with the condition 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 SPECIFIC USE PERMITS TO ALLOW MOTOR VEHICLE SALES, MOTOR VEHICLE REPAIR OR PARTS INSTALLATION OF ANY TYPE, AND OUTSIDE DISPLAY FOR A PROPOSED MOTORCYCLE DEALERSHIP LOCATED ON APPROXIMATELY 1.51 ACRES AT 13700 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH - FREEWAY SUBDISTRICT (PD-70 OFB-FW) 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. CA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2877 APPROVING THE REQUEST FROM PARK AVENUE CUSTOM HOMES TO AMEND PLANNED DEVELOPMENT NO. 82 ZONING DISTRICT TO ALLOW REVISED DEVELOPMENT STANDARDS AND MODIFICATIONS TO THE SITE PLAN DRAWINGS FOR APPROXIMATELY 5.03 ACRES LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND MARSH LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1999, the subject property, The Courtyards, was rezoned from One Family Residence District - 3 to Planned Development No. 82 zoning district to allow for 23 zero-lot line single-family residences. The Planned Development No. 82 zoning district was later amended during 2004 to allow revised development standards and site plan modifications. Since the initial rezoning, the site has been improved with the private road system; a screening wall with perimeter landscaping and two nearly completed single-family residences. Six homes are also under construction, all along the south side of Vineyard Way and east of the existing residences. The proposed rezoning application seeks to amend four components of the existing zoning: I . Eliminate the side-loaded or swing-in garage entrance requirement for eight lots within the development; 2. Amend the approved site plan to reflect the existing location of the screening wall at the southwest corner of the development; 3. Require a 10-foot building setback measured from the rear property line for lots 1-3; and Volume 97, page 98 4. Amend the approved site plan to reflect change in ownership of the 0.038-acre tract located on the south side of the screening wall, at the southwest corner of the development. A companion agenda item, item C.5 on this same meeting agenda, is related to the rezoning of the 0.038-acre tract located at the southwest corner of the development. Since the property owner is proposing to subdivide land and convey the 0.038-acre tract to the neighboring property owner to the south, the property owner of the 0.038-acre tract shall be required to replat the affected lots including the neighboring property to the south. The Planning and Zoning Commission voted unanimously to recommend approval of proposed Ordinance No. 2877 approving the rezoning request. Mayor Phelps opened the public hearing. Larry Sumrow, 9535 Forest, Dallas, represents Southern Ventures Properties, Inc. Mr. Sumrow explained his proposed zoning request including reasons for the requested zoning change. He also stated that he has worked with the neighbor to the south, Ms. Beth Pederson, and that Ms. Pederson is in agreement with accepting the land on the south side of the screening wall. He stated he would be available to answer any questions the Council may have. Heidi Loewinsohn, 3623 Vineyard Way, Park Avenue Custom Homes, stated she is delighted to see this project move forward and would be available to answer any questions the Council may have. City Manager Linda Groomer introduced Ms. Loewinsohn to the City Council, acknowledging that Ms. Loewinsohn was the person who has been working on the joint project for the open house for this development. A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," closed the public hearing. Councilman Smith asked how many homes are involved in the Courtyard. Mayor Phelps replied 23 homes, two are completed and six are under currently construction. There being no further discussion, a motion by Councilman Smith, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2877 approving the rezoning request. 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 THE PLANNED DEVELOPMENT 82 (PD-82) ZONING DISTRICT TO ALLOW FOR REVISED Volume 97, page 99 DEVELOPMENT STANDARDS AND MODIFICATIONS TO THE SITE PLAN DRAWINGS; APPROXIMATELY 5.03 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND MARSH LANE; AMENDING AND REPLACING IN ITS ENTIRETY ORDINANCE 2760; 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.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2878 APPROVING THE REQUEST FROM MR. LARRY SUMROW, SOUTHERN VENTURES PROPERTIES, INC. TO REZONE AN APPROXIMATE 0.038- ACRES TRACT LOCATED AT 3600, 3602 AND 3604 VINEYARD WAY FROM PLANNED DEVELOPMENT DISTRICT NO. 82 TO ONE FAMILY RESIDENCE DISTRICT - 3 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This proposed rezoning request is a companion agenda item to agenda item CA on this same meeting agenda. During 1999, a 5.06-acre site located at the southwest corner of Valley View Lane and Marsh Lane, known as The Courtyards, was rezoned from One Family Residence District-3 to Planned Development No. 82 (PD-82) to allow for 23 zero-lot line single-family residences. A screening wall around the perimeter of the residential development was required to be constructed as part of the development improvements. The perimeter screening wall exists today; however, the portion of the screening wall at the southwest corner of The Courtyards residential development was not constructed in the correct location. The screening wall should have been constructed along the rear property line of the affected lots, lots 1-3 within The Courtyard development. Instead, the screening wall was constructed farther north on lots 1-3 within The Courtyard development thus resulting a 0.038-acre tract of land on the south side of the screening wall. The property owner of The Courtyards development is proposing to convey the 0.038-acre tract to the neighboring property owner to the south who has agreed to accept the land. The zoning that exists on the neighboring property to the south is One Family Residence District-3. Therefore, the property owner of the 0.038- acre tract of land is requesting to rezone the tract of land from Planned Development No. 82 to One Family Residence District-3 to be consistent with the zoning of the neighboring property to the south. Volume 97, page 100 The Planning and Zoning Commission voted unanimously to recommend approval of proposed Ordinance No. 2878 approving the rezoning request. Mayor Phelps opened the public hearing. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. City Manager Linda Groomer stated for clarification that this item is not for deeding of the property but rezoning it back to a one-family residential district as part of the subject property. There being no further discussion a motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2878 approving the rezoning request. 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 AN APPROXIMATE 0.038-ACRE TRACT LOCATED AT 3600, 3602 AND 3604 VINEYARD WAY FROM PLANNED DEVELOPMENT 82 (PD-82) ZONING DISTRICT TO ONE-FAMILY RESIDENCE DISTRICT - 3 (R-3); 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. Mayor Phelps stated Mayor Pro Tern Robinson excused himself from this portion of the agenda due to a conflict of interest and has filled out the appropriate paperwork. C.6 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2876 APPROVING THE AMENDMENT TO PLANNED DEVELOPMENT NO. 7 ZONING DISTRICT, APPROXIMATELY 10.5 ACRES OF LAND LOCATED GENERALLY AT THE SOUTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE AND ON THE WEST SIDE OF VERONICA ROAD, TO REQUIRE APPROVAL OF A SPECIFIC USE PERMIT FOR A "SUPERSTORE BUILDING SPACE" AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site includes the existing vacant building that formerly housed the Albertson's and Super Saver grocery stores, as well as the existing retail shopping center located south of the vacant building, a small retail kiosk building, and a worship facility that faces Veronica Road. The subject site does not include the existing gas station at the Volume W, page 101 corner of Josey Lane at Valley View Lane nor the two retail shopping centers that face Valley View Lane. The subject site is zoned Planned Development No. 7 zoning district and references the Local Retail-1 zoning district for permitted uses and development standards. The PD-7 zoning district allows a variety of non-residential uses - principally retail commercial uses - either by right or with a specific use permit, regardless of the amount of building space area the use may occupy. The City of Farmers Branch is proposing to amend the PD-7 zoning district to include the following: 1. Establish and define "superstore building space" which is a building area comprising a minimum 20,000 square feet or greater; and 2. That prior to the development, occupancy, subdivision or consolidation of any "superstore building space" for any use presently allowed in the PD-7 zoning district, approval of a specific use permit by the City Council shall be required. The aforementioned requirements are proposed to apply to all uses currently allowed in the PD-7 zoning district should those uses occupy 20,000 square feet or greater. No new uses are proposed to be allowed nor are there any additional changes proposed to PD-7. The 1989 Comprehensive Plan recommends community serving retail for the subject site. The proposed zoning amendment is consistent with the Plan's recommendation. The Planning and Zoning Commission voted unanimously to recommend adoption of proposed Ordinance No. 2876 approving the zoning amendment. Mayor Phelps opened the public hearing. Tina Firgens, Interim Planning Director, gave a brief overview of the amendment to Planned Development No. 7 Zoning District and explained the purposes of a specific use permit (SUP). Jim Subjeck, 2949 Primrose Lane, stated he would like to see existing ordinances tightened up regarding loading and service operations. Mr. Subjeck also stated that he is tired of the noise and smell at the subject site. Mr. Subjeck informed the Council that he had reported 23 notices of violations for that site. A motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Moses, all voting "aye," closed the public hearing. Volume 97, page 102 Deputy Mayor Pro Tern O'Hare commended the City Manager and staff for bringing this project forward to Council. Councilman Smith stated staff has been working with several different companies to try and get a good store at this location and he appreciates all their efforts. There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 2876 approving the zoning request. 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 THE PLANNED DEVELOPMENT NO. 7 (PD-7) ZONING DISTRICT SO AS TO REQUIRE A SPECIFIC USE PERMIT FOR "SUPERSTORE BUILDING SPACE" AS DEFINED HEREIN; APPROXIMATELY 10.5 ACRES LOCATED GENERALLY AT THE SOUTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE AND ON THE WEST SIDE OF VERONICA ROAD; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. Mayor Phelps stated that Mayor Pro Tern Robinson was back in attendance. C.7 PUBLIC HEARING: 2006-07 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Mayor Phelps presented the following information. A public hearing is being held to consider the 2006-07 operating and capital improvement program budget. The proposed budget was filed with the City Secretary on July 31, 2006 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library and on the City's website. A public work session of the City Council was held on August 21, 2006 to discuss the budget; the meeting was televised and has been regularly rebroadcast on the City's Cable Channel 15. Highlights of the proposed budget include: • No property tax increase, overall property values increased by 7.5% • Two full-time employees added to enhance code enforcement in the City • Funding for a new Redevelopment and Revitalization Program established • A water rate decrease of 8% for the first 10,000 gallon rate tier resulting in an approximate monthly savings of $2.00 per month for residents • Five new police vehicles, one fire engine and a new bus for the Senior Center Volume 97, page 103 • Replacement and update of TV cameras in the Council Chambers • A new photographic red-light enforcement program established • Construction of Fire Station #3 The procedure tonight will be as follows: 1. The Mayor will open the public hearing. 2. Comments will be heard from citizens. 3. The hearing will be closed. 4. City Council discussion will follow. Mayor Phelps opened the public hearing. John Wells, 13251 Heartside Place, expressed his concerns regarding statements made during the Study Session meeting regarding the use of redevelopment funds to purchase an apartment complex and regarding the Summer Funshine Program. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," closed the public hearing. City Manager Linda Groomer stated for clarification that the Study Session discussion related to using redevelopment funds for the purchase of an apartment was strictly a hypothetical example, and assured the public that there have been no conversations among Council regarding purchasing apartments. Ms. Groomer stated the Summer Funshine Program is included in the budget this year, and the City may discuss with the Carrollton-Farmers Branch School District phasing this program out in 2007. She stated there would be additional conversation with the City Council in the coming year on the subject. The three youth programs Summer Funshine, Holiday Craze and the After School Program, are still in the budget and the fee increases proposed place the programs at break-even point for fees versus expenses this year. In addition, a new fee schedule for non-residents will go into effect in January 2007. Mr. Wells asked if the total number of participants in the program is still 350, Ms. Groomer replied yes. Deputy Mayor Pro Tern O'Hare stated his only issue with the budget is the Summer Funshine Program. D.I CONSIDER ADOPTING ORDINANCE NO. 2882 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2005-06 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2882 amends the 2005-06 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. Overall when compared with the Mid-Year Amended Budget, the 2005-06 Year-End Amended Budget includes: Volume 97, page 104 • a net increase of $1,340,000 in General Fund revenues • a net increase of $198,200 in General Fund expenditures • a net increase of $1,150,000 in Water & Sewer Fund revenues • a net decrease of $317,300 in Water & Sewer Fund expenditures • a net increase of $11,600 in Internal Service Fund revenues • a net increase of $5,000 in Internal Service Fund expenditures • a net increase of $1,327 in Special Revenue Fund revenues • a net increase of $3,017 in Special Revenue Fund expenditures There being no further discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilmembers Smith, Moses, Bird, and O'Hare all voting "aye," adopted the following captioned Ordinance No. 2882 amending the 2005-06 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2005-06 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING ORDINANCE NO. 2111 AMENDING APPENDIX A - FEE SCHEDULE, CHAPTER 86 - UTILITIES AND APPENDIX A - FEE SCHEDULE, CHAPTER 50 - PARKS AND RECREATION OF THE FARMERS BRANCH CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 proposed budget includes a recommended decrease of 8% in the first tier of the City's water rate structure representing consumption between 2,000 and 10,000 gallons. Rates for water consumption above 10,000 gallons will remain unchanged. Water and sewer rates were last increased on October 1, 2005. Higher than planned consumption during the year due to drought conditions has resulted in improved revenues that enables the City to absorb the water and wastewater treatment cost increases being charged by Dallas Water Utilities and the Trinity River Authority. The monthly utility bill of an average residential customer with 10,000 gallons water consumption, considering water rate change, will decrease from $57.83 to $55.83 for a change of $2.00 per month. With this decrease, Farmers Branch rates continue to remain low compared to area cities and state averages. The 2006-2007 proposed budget also includes an increase in Youth Program registration fees. The proposed fees are reasonable when compared to the City's direct cost to provide these programs. Direct costs include program staff salaries and program supplies. There is a financial aid program available whereby fees Volume 97, page 105 are reduced if children are eligible for the lunch assistance program at their school or their family receives aid for dependent children. Youth Programs include the Summer Funshine Program, the After School Program, and the Holiday Craze Program. For the 2007 Summer Funshine Program the proposed rate increase is $5 per week for open registration and $5 per week for financial aid. For the After School Program the open registration is proposed to increase by $10 per month and the financial aid fees are proposed to increase by $7.50 per month. For the Holiday Craze Program the proposed fee increases are $1 per day for open registration and $.50 per day for financial aid. Staff recommends adopting Ordinance No. 2883 amending Appendix A - Fee Schedule, Chapter 86 - Utilities and Appendix A - Fee Schedule, Chapter 50 - Parks and Recreation of the Farmers Branch Code of Ordinances. There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, with Robinson, Moses, Bird and Smith, voting "aye," and Deputy Mayor Pro Tern O'Hare voting "nay," adopted the following captioned Ordinance No. 2883 amending fee schedules. The motion passed by a four to one vote. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING UTILITY AND RECREATION FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, CHAPTER 86 AND APPENDIX A - FEE SCHEDULE, CHAPTER 50. D.3 CONSIDER ADOPTING ORDINANCE NO. 2884 APPROVING THE 2006 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2884 approves the 2006 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,505,655,470 (three billion, five hundred five million, six hundred fifty-five thousand, four hundred seventy dollars). This amount includes new construction, but excludes properties still under protest. This represents a $207,914,442 increase (approximately a 6.3% increase) in taxable value from the July 25, 2005 certified tax roll. Staff recommends the adoption of Ordinance No. 2884 approving the tax roll certified by the Dallas Central Appraisal District. Volume 97, page 106 There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2884 approving the tax roll. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2006 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. DA CONSIDER ADOPTING ORDINANCE NO. 2885 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2006-07 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 31, 2006, the proposed 2006-07 fiscal year operating and capital budget was delivered to the City Council and a copy was delivered to the Farmers Branch Manske Library and placed on the City's website for citizen review. The proposed budget was discussed with City Council during a budget workshop held August 21, 2006 and citizen comments were requested at a public hearing held earlier this evening. Tax rate public hearings were held on August 21St and September 5tl'. Ordinance No. 2885 approves the operating and capital improvement program budget for the 2006-07 fiscal year. All applicable laws and City Charter provisions necessary for adoption of the budget have been followed. Staff recommends the adoption of Ordinance No. 2885 approving the 2006-07 fiscal year operating and capital budget. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2885 approving the 2006-07 Budget. City Manager Linda Groomer stated this would be the last budget she would be presenting to the Farmers Branch City Council and stated this has been a great budget year with the turnaround of the economy. She thanked the Mayor and City Council for their input and for working diligently with staff and toward its completion. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS Volume 97, page 107 AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. D.5 CONSIDER ADOPTING ORDINANCE NO. 2886 TO LEVY THE TAX RATE FOR 2006-07 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2886 sets the tax rate for the 2006 tax year at $0.4945 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents the same tax rate in place as the 2005 tax year. The City of Farmers Branch has one of the lowest tax rates in Dallas County. The $0.4945 tax rate will be distributed as follows: $0.404071 per $100 of assessed value for general fund maintenance and operations distribution and $0.090429 per $100 of assessed value for debt service distribution. Staff recommends the adoption of Ordinance No. 2886 to levy the tax rate for the 2006-07 fiscal year at $0.4945 per $100 of assessed value. Motion to adopt Ordinance No. 2886. In adopting this ordinance, the City Council must state: I move that property taxes be increased by the adoption of a tax rate of $0.4945, which is the same rate adopted for the 2005 tax year. (Note: This exact statement is required for Truth in Taxation compliance) There being no discussion, a motion by Mayor Pro Tem Robinson moved that property taxes be increased by the adoption of a tax rate of $0.4945, which is the same rate adopted for the 2005 tax year, seconded by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 2886. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO LEVY THE TAX RATE FOR THE 2006-2007 FISCAL YEAR. D.6 CONSIDER AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2006-07 BUDGET AND TAKE APPROPRIATE ACTION. A. SENIOR ADULT SERVICES B. METROCREST CHAMBER OF COMMERCE C. METROCREST SOCIAL SERVICE CENTER D. METROCREST FAMILY MEDICAL CLINIC E. FARMERS BRANCH CHAMBER OF COMMERCE Mayor Phelps presented the following information. Agreements have been prepared for the organizations that are funded in the 2006-07 budget. Generally the agreements are similar to the 2005-06 agreements, with financial reporting requirements on a quarterly basis, where appropriate, and submission of a fiscal year financial statement prepared by a certified public accountant. Volume 97, page 108 There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Bird, all voting "aye," approved authorizing the City Manager to execute agreements with the following organizations Senior Adult Services, Metrocrest Chamber of Commerce. Metrocrest Social Service Center, Metrocrest Family Medical Clinic and Farmers Branch Chamber of Commerce. D.7 CONSIDER ADOPTING RESOLUTION NO. 2006-093 AWARDING THE BID FOR THE REHABILITATION OF NINE SANITARY SEWER MAINS TO CIRCLE "C" CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 Capital Improvement Program Budget Non-Bond Utility Fund provides funding for the rehabilitation of water lines and sanitary sewer lines throughout the City. There is approximately $1,683,342 available to rehabilitate the nine sanitary sewer lines that have been selected for rehabilitation this year. The sanitary sewer lines were constructed in the 1950s and experience frequent backups because the pipes have become disjointed or have collapsed. The sanitary sewer lines to be replaced are in the following locations: • between Hollandale Lane and Old North Road from Heartside Place to Joanna Drive; • between Hollandale Lane and Windmill Lane from Heartside Place to Joanna Drive; between Pyramid Drive and Birchlawn Drive from Josey Lane to Longmeade ;rive; • between Wicker Avenue and Wasina Drive from Dennis Lane to Bee Street; • between Danny Lane and Leta Mae Lane from Ford Road to Tom Field Road; between Farmers Branch Lane and Danny Lane from Ford Road to Tom Field Lad; between Myra Lane and Damascus Way from Webb Chapel Road to Eunice ;treet; between Ridgeoak Way and Cloverdale Lane from Goldendale Drive to dead :nd; • between Morningstar Lane and Ridgeoak Way from dead end to second manhole. On September 5, 2006, three bids were received and opened for the rehabilitation of sanitary sewer lines. The low bid was received from Circle "C" Construction Company in the amount of $1,308,935.50. Circle "C" Construction Company has met all specifications and has provided adequate references for work on similar projects throughout the Dallas-Fort Worth area. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-093 awarding Volume 97, page 109 the bid for the rehabilitation of nine sanitary sewer mains to Circle "C" Construction Company in the amount of $1,308,935.50. D.8 CONSIDER APPOINTMENTS TO THE MUNICIPAL COURT JUDGES, AND COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-102 amending Resolution No. 2005-114 relating to the appointment and compensation of the municipal court judges and alternate municipal court judges for the City of Farmers Branch and to reappoint Al Fenton, Terry Carnes, Mike Drewry, and appoint Scott Winfield as Municipal Court Judges. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests, Council committee or organizations 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 5:05 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 5:40 P.M. FOR 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 PENDING AND CONTEMPLATED LITIGATION/CONSULT WITH CITY ATTORNEY FOR LEGAL ADVICE - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss pending, threatened and contemplated litigation with City Attorney relative to question of City enforcing laws relative to illegal immigrants. Mayor Phelps stated the City Attorney updated the City Council on possible litigation. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery. Volume 97, page 110 Mayor Phelps stated the City Attorney updated the City Council on the Farmers Branch Keenan Cemetery. E.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss city manager recruitment. Mayor Phelps stated Mr. Chuck Rohre with Waters-Oldani Executive Recruitment updated the City Council on the city manager recruitment process. F.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on the items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tern Robinson, a second by Councilman Bird, all voting "aye," adjourned the City Council meeting of September 18, 006 at 7:52 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 97, page I I I