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2005-12-05 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, December 5, 2005 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 Bill Moses Tim O'Hare The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick Assistant to the City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters 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 Deputy 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 Library Director Danita Barber Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of December 5, 2005 to order at 6:33 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tem Robinson gave the invocation and led the pledge of allegiance. Volume 96, page 34 i A.2 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD AND CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. Mayor Phelps presented the following information. The Government Finance Officers Association, or GFOA, of the United States and Canada has presented an award of Distinguished Budget Presentation to the City of Farmers Branch for its 2004-05 budget and an award of Certificate of Achievement for Excellence in Financial Reporting for the City's 2004 Comprehensive Annual Financial Report. These awards represent a significant achievement by Farmers Branch and reflect the commitment of the City Council and staff to meet the highest principles of governmental budgeting, accounting, and financial reporting. In reviewing the 2004-05 budget, judges gave an outstanding rating to the City's financial policies, analysis of the impact of capital improvements on the operating budget, and the use of statistical and supplemental information. One judge pointed out the budget message in particular as "clear, comprehensive, fully articulating the issues and concerns of the government." I I The GFOA programs were instituted to encourage all government units to prepare and publish easily readable and understandable financial documents covering all funds and financial transactions of the government during the year. The GFOA believes that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. These financial reports go beyond the requirements of generally accepted accounting principles to provide the many users of governmental financial statements with a wide variety of information useful in evaluating the financial condition of a government. Bond rating agencies favorably consider these awards during the credit evaluation process. This is the eighth consecutive year that the City has received the Distinguished Budget Presentation award and the fifteenth consecutive year for receiving the Certificate of Achievement for Excellence in Financial Reporting. Mayor Phelps presented the distinguished Budget Presentation award Certificate of Achievement for Excellence in Financial Reporting to Finance Director Charles Cox. A.3 RECOGNIZE THE PARKS AND RECREATION DEPARTMENT FOR AWARDS PRESENTED BY THE NATIONAL RECREATION AND PARKS ASSOCIATION AND THE TEXAS RECREATION AND PARKS SOCIETY. Mayor Phelps presented the following information. The Parks and Recreation Department, Board, and staff were recently recognized at conferences with five awards from national, state, and area professional organizations. Two individuals were honored for their dedicated service to the City. They are Margaret Young, Volume page 35 Chair of the Parks and Recreation Board, and Diane Royer of the Senior Center staff. Margaret received the prestigious Ralph C. Wilson Award at the National Recreation and Park Association Conference in San Antonio in October. This award is presented annually to an individual whose long-term service and dedication to NRPA have been exemplary. Mayor Phelps presented the prestigious Ralph C. Wilson Award to Margaret Young. Mayor Phelps stated that Diane received the Texas Recreation and Park Society Region 2 and 3 Part-Time Employee of the Year for her 27 years of service to Farmers Branch seniors and the Senior Center. Mayor Phelps presented the Texas Recreation and Park Society Region 2 and 3 Part-Time Employee of the Year award Diane Royer. The Texas Recreation and Park Society's Region 2 and 3 Innovations In Park Development Award for parks and facility design was presented for Oakbrook/Ken Rymer Park. Accepting the award on behalf of the City were Pam Smith, Traci Jones, Manuel Soto, and Robert Garner. That same state organization gave the Parks and Recreation Department the Creative Programming Award for the highly successful G.I. Jane Workout Program at the Community Recreation Center. Staff members responsible for the program and the subsequent award are Kelli Smith and Lisa Shepard. Mayor Phelps presented the Texas Recreation and Park Society's Region 2 and 3 Innovations In Park Development Awards to Pam Smith and Traci Jones. In conclusion, the DFW Parks Directors Association voted to give Farmers Branch their Innovation in Facility Designs and Construction Award for the design and construction of the Farmers Branch Community Recreation Center. Mayor Phelps presented this award to Recreation Center Supervisor Wimberly Ayles. A.4 PRESENTATION OF SERVICE AWARD - PAM SMITH OF THE PARKS AND RECREATION DEPARTMENT - 10 YEARS. Mayor Phelps presented a ten-year employee service award to Pam Smith of the Parks and Recreation Department. A.5 PRESENTATION OF SERVICE AWARD - JEFF FULLER OF THE PARKS AND RECREATION DEPARTMENT - 20 YEARS. Volume 96, page 36 Mayor Phelps presented a 20-year employee service award to Jeff Fuller of the Parks and Recreation Department. A.6 PRESENTATION OF SERVICE AWARD - STEVE BOCK OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Captain Steve Bock of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.8 REPORT ON STUDY SESSION ITEMS. Mayor Phelps 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 Bird, seconded by Councilman O'Hare, all voting "aye," accepted the Consent Agenda as presented. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 7, 2005. B.2 ADOPTED RESOLUTION NO. 2005-145 APPROVING THE REQUEST BY JARROD YATES ON BEHALF OF LINCOLN INWOOD PLAZA, LTD. FOR SITE PLAN APPROVAL TO ADD 40 PARKING SPACES FOR AN EXISTING 8.44 ACRE COMMERCIAL DEVELOPMENT LOCATED AT 13615 THROUGH 13621 INWOOD ROAD, AT THE NORTHWEST CORNER OF INWOOD ROAD AND ALPHA ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 55 ZONING DISTRICT. 133 ADOPTED RESOLUTION NO. 2005-141 AUTHORIZING THE CITY MANAGER AND EMERGENCY MANAGEMENT COORDINATOR TO EXECUTE A STATEMENT OF AGREEMENT WITH THE Volume 96, page 37 AMERICAN RED CROSS - DALLAS AREA CHAPTER FOR DISASTER ASSISTANCE. B.4 ADOPTED RESOLUTION NO. 2005-138 FOR CLEANING AND SEALING OF JOINTS AND CRACKS AT VARIOUS LOCATIONS TO CURTCO INC. IN THE AMOUNT OF $70,413.00. B.5 ADOPTED RESOLUTION NO. 2005-140 REJECTING ALL BIDS FOR THE VALWOOD PARK LANDSCAPE MAINTENANCE CONTRACT. C.l CITIZEN PARTICIPATION. Curtis Rhodes, 3410 Brookhaven Club Drive, expressed his concerns regarding the appearance of the guardrails at the Rawhide Park Bridge at Longmeade. City Manager Linda Groomer stated several Parks and Recreation employees were present and suggested Mr. Rhodes speak with them regarding his concerns. John Oechsner, 3509 Brookline lane, expressed his concerns regarding the lack of development in the Station Area. John Wells, 13521 Heartside Place, expressed his congratulatory comments to the various departments for their achievements. C.2 CONSIDER PRESENTATION BY VERNON SMITH, 2715 BAY MEADOWS, CONCERNING CODE OF ORDINANCES SECTION 66-42 REGARDING THE PLACEMENT OF CONTAINERS FOR COLLECTION OF RESIDENTIAL SOLID WASTE, AND OTHER PROVISIONS OF CHAPTER 66 OF THE CODE OF ORDINANCES, AND TAKE APPROPRIATE ACTION. Mr. Vernon Smith, 2715 Bay Meadows, requested to be placed on the agenda to discuss City regulations regarding the timing restrictions on placing materials at the curb for waste disposal. He also asked to address the Council concerning the ordinance definition of trash as it applies to yard waste and leaves, and concerning the City's practice of allowing persons to file anonymous complaints. Mr. Smith proposed changes in the City's ordinances regarding these provisions. Mr. Smith stated he would like to see the ordinance changed regarding the timing of putting out his curbside trash. He stated he does not think six hours prior to day before pickup is sufficient. Mr. Smith outlined several recommendations for changes in the ordinance and requested the City Council enact the changes. Mayor Pro Tem Bird commented he mulches the leaves in his yard, which eliminates the bagging of the yard waste. He also commented that staff would work with citizens in any way to pick up their solid waste. Volume page 38 Mr. Smith asked why the six hours prior to day before pickup is important. City Manager Linda Groomer explained the history of this ordinance and specifically how the 6 p.m. limit was developed. Ms. Groomer stated in regards to removing yard waste from the ordinance would require the City to utilize plastic bags rather than the paper bags now in use. Mr. Smith restated his recommendation to the Council to amend the ordinance regarding the 6 p.m. set out time. He suggested that the City send out a survey to determine if the majority of citizens would like to see the set out time changed in the ordinance. There being no further discussion, a motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," moved to take no action to change the existing ordinance. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2848 APPROVING THE REQUEST BY DOWDEY, ANDERSON AND ASSOCIATES TO AMEND THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT TO ALLOW FOR SPECIAL EXCEPTIONS TO DEVELOPMENT STANDARDS TO BE CONSIDERED THROUGH THE SITE PLAN APPROVAL PROCESS FOR APPROXIMATELY 153 ACRES LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Planned Development No. 64 zoning district allows a mix of commercial and residential uses. The district's existing development standards are generally adequate and appropriate for most commercial development; however, residential development is substantially limited. The requested amendment to PD 64 would allow for greater flexibility in terms of building form and site layout through the use of special exceptions to the development standards. The proposed amendment would benefit both commercial and residential development. Requests for special exceptions would be administered through the site planning process, subject to Planning and Zoning Commission review and City Council approval. No special exceptions are being requested as a part of this zoning amendment request. The proposed amendment would allow for special exceptions to be requested and considered through the site planning process as new development in the zoning district takes place. Several other planned development-zoning districts throughout the City presently allow for variances or special exceptions to be considered through the site plan review process. This approach has served the City and the development community well, both in facilitating the development process and improving the quality of development. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning request. Volume 96, page 39 Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman O'Hare, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2848 approving the request by Dowdey, Anderson and Associates to amend the Planned Development No. 64 zoning district. 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 ZONING DISTRICT NUMBER 64 (PD-64) TO ALLOW FOR SPECIAL EXCEPTIONS TO DEVELOPMENT STANDARDS FOR APPROXIMATELY 153.161 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD; AMENDING AND REPLACING ORDINANCE 2805 IN ITS ENTIRETY WHICH PREVIOUSLY AMENDED THE PD-64 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER ORDINANCE NO. 2850 APPROVING THE REQUEST BY JOSE MONTEMAYOR FOR A SPECIFIC USE PERMIT FOR THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES FOR AN EXISTING RESTAURANT AT 13260 JOSEY LANE, SUITE 105, IN THE PLANNED DEVELOPMENT NO. 6 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a specific use permit to allow on-site sales and consumption of alcoholic beverages for a qualifying restaurant, Taqueria Las Regias, located in the Valley View Central Shopping Center at the northeast corner of Josey Lane and Valley View Lane. The restaurant use is allowed by right. Approval of a specific use permit is required for a qualifying restaurant seeking to serve alcoholic beverages. The request complies with the requirements established within Ordinance 2768, which regulates on-site sales and consumption of alcoholic beverages. The restaurant is approximately 2,185 square feet in area and has seating for 64 Volume 96, page 40 patrons. Alcohol service would be provided exclusively at dining tables. No bar, drive-in nor drive-through is proposed. No exterior advertising of alcohol sales is proposed. Since the restaurant is already in existence, no additional parking or landscaping is necessary and no additional signage is proposed. An alcohol awareness program has been submitted by the applicant, as required by Ordinance 2768, which addresses personnel training, verification of customer identification, an alcohol limits policy and transportation for customers. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan drawings, plan of operation and alcohol awareness program. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilwoman Smith, all voting "aye," closed the public hearing Councilman O'Hare asked if alcohol was allowed at the Nuevo Leon Restaurant. Mayor Phelps replied yes. There being no further discussion, a motion by Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2850 approving the requested specific use permit 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 ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT TO BE LOCATED AT 13260 JOSEY LANE, SUITE 105, GENERALLY AT THE NORTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 6 (PD-6) 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. C.5 PUBLIC HEARING: CONSIDER REQUEST FOR REPLAT APPROVAL OF WORLD OF DECOR ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. World of Decor Addition is a 4.675-acre site located at 13675 Stemmons Freeway, and the location of an Volume 96, page 41 existing retail showroom and warehouse business. It is a replat of Stewco Development Subdivision No. 8. A specific use permit to allow outside sales, including associated site plan drawings, was approved for the site on September 6, 2005. The property is being replatted to dedicate fire lane and access easements. A 20- foot access and fire lane easement is being abandoned by this replat and will be replaced with the new dedication. A 15-foot access easement near the south property line is no longer needed and is also being abandoned by this replat. Texas Local Government code requires that a public hearing be conducted for all replats that do not vacate a preceding plat of a subdivision or portion of a subdivision. Written notifications are not required. The World of Decor Addition is consistent with the Texas Local Government Code and with City requirements for a replat. The Planning and Zoning Commission recommends approval of the World of Decor Addition. Mayor Phelps opened the public hearing. John Wells, 13521 Heartside Place, urged the City Council to approve this agenda item. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," closed the public hearing There being no further discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman O'Hare all voting "aye," approved the World of Decor Addition. C.6 PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2798 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2849 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. No changes are proposed to the current Standards of Care. The Parks and Recreation Director recommends rescinding Ordinance No. 2798 and adopting Ordinance No. 2849 relative to Farmers Branch Youth Programs' Standards of Care in compliance with 1995 Senate Bill 212. Volume 96, page 42 Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman O'Hare, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," rescinded Ordinance No. 2798 and adopted Ordinance No. 2849 relative to the Youth Programs Standards of Care in compliance with 1995 Senate Bill 212. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2798 AND ADOPTING ORDINANCE NO. 2849 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-121 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOBILEPRO/NEOREACH INC. FOR THE USE OF CITY PROPERTY IN CONNECTION WITH THE OPERATION OF A CITYWIDE WIRELESS (WI- FI) BROADBAND NETWORK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As high-speed Internet service is becoming the norm, and in some cases a necessity for conducting business, Farmers Branch residents and businesses have expressed concern about the lack of high-speed Internet access availability in many areas of the City. One approach to providing additional high-speed Internet service in the City to meet resident and business needs was for the City to seek proposals from companies interested in a public-private partnership with the City to develop a citywide wireless network. Requests for proposal were sent to 54 companies including those currently providing Internet access within Farmers Branch. Two companies, Redmoon and MobilePro, submitted proposals in August to install and operate a wireless network. Staff evaluated both proposals and determined that MobilePro offered the best technological solution at the least cost to the City. MobilePro offers competitively priced high-speed Internet access to consumers that will also significantly improve the City's public safety communication network. Anyone within the city limits with wireless computer capabilities will be able to access the City, Carrollton-Farmers Branch Independent School District, Brookhaven College, and the Farmers Branch Chamber of Commerce websites for free. MobilePro's initial non-exclusive contract to use the City's rights-of-way will be for a five-year period with two five-year renewal options. This contract is at no cost to the City. Once installation begins, the system is expected to be complete Volume 96, page 43 within 180 days. Installation is expected to begin in about sixty days, once MobilePro has negotiated the right to install its radio equipment on utility company poles. Multiple Internet service providers will be able to utilize MobilePro's system once it is operational. The monthly residential base rate is expected to be $19.95 for 1-megabyte download and 128 kilobyte upload speed. Higher speeds will be available at additional cost. Customer marketing and sign- up information will be available once the system is near completion. Staff recommends approval of Resolution 2005-121 authorizing the City Manager to sign a five-year non-exclusive contract with MobilePro/NeoReach Inc. to install and operate a citywide wireless network. John Von Harz, Vice President, MobilePro/NeoReach Inc., 6701 Democracy Blvd., Suite 300, Bethesda, Maryland, 20817, presented an overview of the Operation of a Citywide Wireless (Wi-Fi) Broadband. He also outlined the Wi-Fi program and its application to municipal operations and general benefits to the citizens of Farmers Branch. Mayor Pro Tern Bird asked about installation of equipment for citizens. Mr. Von Harz explained citizens would be able to install the equipment themselves, which is an easy process. For businesses, the installation may be more complicated and would need to be done professionally. Mayor Pro Tern Bird asked about the price of the home equipment. Mr. Harz replied approximately $150 and outdoors applications would not require any additional equipment. Homeowners would have to have an antenna to connect to the Internet in addition to the $150 with of equipment. Finance Director Charles Cox clarified that less expensive equipment was also available at a cost of approximately $50. Mayor Pro Tern Bird asked where the equipment could be purchased. Mr. Von Harz replied MobilePro/NeoReach Inc. would be storing and selling the equipment. There was continued discussion regarding additional equipment for the homeowner. Deputy Mayor Pro Tern Robinson asked for clarification on what the subscriber would be charged for the service and necessary equipment. City Manager Linda Groomer commented on the vast benefits of service to City operations. Ms. Groomer also welcomed School Board member James Goode with the Carrollton Farmers Branch Independent School District, who had expressed interest in Wi-Fi benefits to the school district. Mayor Pro Tem Bird asked how long it would take to get the service operational. Mr. Von Harz replied it would take 240 days to complete the project. Volume 96, page 44 Councilman Moses asked how long the company doing the installation has been in business. Mr. Von Harz replied since 2000 and the wireless portion of the business was started nine months ago. Councilman Moses stated he had concerns regarding the ability of MobilePro/NeoReach Inc. to increase the cost at any time. Mr. Von Harz replied that MobilePro/NeoReach Inc. could lock the price in for 12 months. Councilman Moses asked Mr. Von Harz what other cities have gone wireless. Mr. Von Harz commented they are currently installing in Tempe, Arizona, and Farmers Branch is the first in Texas. Ms. Groomer commented that there are many Farmers Branch residents that do not have access to Internet capabilities and are extremely excited about this citywide wireless network. Deputy Mayor Pro Tern Robinson encouraged publicity on the new program. Councilman O'Hare stated some residents do not have access to the Internet or to high-speed access. This would give them the opportunity to receive the service if they choose. He stated it does not cost the City any money, just the location on a telephone pole, it is a cheaper alternative, and this will allow residents to use their computer anywhere in the City. He stated this is cutting edge and very good for the City. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2005-121 authorizing the City Manager to execute an agreement with MobilePro/NeoReach for a five-year term. D.2 CONSIDER ADOPTING ORDINANCE NO. 2844 PROVIDING CONDITIONAL APPROVAL OF CONSENT OF THE TRANSFER OF A CABLE FRANCHISE AGREEMENT FROM COMCAST CABLE OF TEXAS II, INC. TO C-NATIVE EXCHANGE II, L.P, WHICH WILL THEN BE TRANSFERRED TO TIME WARNER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Comcast Cable and Time Warner Cable announced to the City of Farmers Branch on June 10, 2005 that they have entered into an agreement whereby Time Warner Cable would become the operator of the cable system serving Farmers Branch. Time Warner and Comcast have applied to buy the bankrupt Adelphia Communications cable company that had systems throughout the country. The bankruptcy hearing is set for early 2006. In order to consolidate resources and systems throughout the United States, Time Warner and Comcast will swap both the newly acquired Adelphia systems and their own "native" systems. Comcast has decided to pull out of Texas and swap all of its Texas systems to Time Warner Cable, which has systems in Austin, San Antonio, Houston and Laredo. Volume 96, page 45 The City of Farmers Branch joined with 14 other Comcast cities and hired C2 Consulting to evaluate the transfer. Unlike the transfer from AT&T Broadband to Comcast in 2002, Comcast is not transferring its entire holdings to Time Warner. In order to transfer just the Farmers Branch system, a holding company has been established, C-Native Exchange II, LP. Once the Farmers Branch system assets are transferred to C-Native Exchange, C-Native Exchange will transfer its holdings to Time Warner, making Time Warner Cable the new cable company for Farmers Branch. Under applicable federal law, a city can only review the legal, technical and financial qualifications of the new company. If a city finds that the new company cannot meet one of these three qualifications, a city can deny the transfer, otherwise the City must consent to the transfer. Time Warner Cable meets all of the qualifications. Since this is a unique situation, if for some reason the bankruptcy court changes something in the Adelphia hearings that has an effect of the Time Warner/Comcast swap and Comcast remains the cable provider, Ordinance No. 2844 becomes void and Time Warner will reimburse the City for any expenses accrued for this review. When the Time Warner/Comcast swap is complete, Time Warner will serve 2.6 million customers in Texas and over 10 million nationwide. Time Warner Cable was created in 1989 when Warner Cable merged with American Television and Communications. Warner Cable had purchased Warner Amex in 1981, which was the City of Farmers Branch's first cable provider. Staff recommends adopting Ordinance No. 2844 approving the transfer of control of Farmers Branch cable services from Comcast Cable to C-Native Exchange II, L.P and then to Time Warner Cable. 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. 2844 providing conditional approval of consent of the transfer of a cable franchise agreement from Comcast Cable of Texas II, Inc. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING CONDITIONAL APPROVAL OF CONSENT OF THE TRANSFER OF A CABLE FRANCHISE AGREEMENT FROM COMCAST CABLE OF TEXAS II, INC. TO C-NATIVE EXCHANGE II, L.P.; PROVIDING FOR THIS ORDINANCE TO BECOME NULL AND VOID IN CERTAIN CIRCUMSTANCES AS SET FORTH HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Volume 96, page 46 D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-141 URGING THE UNITED STATES CONGRESS TO CONSIDER CERTAIN PRINCIPLES FOR FEDERAL TELECOMMUNICATIONS REFORM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1996, the Federal Government made sweeping changes to the telecommunications industry. As technology has changed over the last nine years, the Telecommunications Act has become outdated. The United States Congress has begun discussions regarding the rewrite of the 1996 Telecommunications Act. Resolution No. 2005-143 urges Congress to consider that local governments are in the best position to determine how to best protect their citizens; that local franchise agreements are essential to ensuring universal service, that public and educational needs are met, and that local rights-of-way are managed properly with regard to the maintenance of infrastructure, public safety, promoting competition, consumer protections, universal service; and that telecommunications should not be exempt from the same local taxation to which other businesses are subject. Upon passage, a copy will be sent to Congressman Kenny Marchant and other Congressional offices as appropriate. Staff recommends adopting Resolution No. 2005-143 urging the United States Congress to consider certain principles for federal telecommunications reform. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2005-143 urging the United States Congress to consider certain principles for federal telecommunications reform. DA CONSIDER ADOPTING RESOLUTION NO. 2005-144 APPROVING AN AGREEMENT WITH GSWW, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE RECONSTRUCTION OF SENLAC DRIVE BETWEEN DIPLOMAT DRIVE AND VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is $3,000,000 in the 2005-2006 Capital Improvement Program budget for the reconstruction of Senlac Drive between Diplomat Drive and Valwood Parkway. The street is badly deteriorated, with badly broken, separated, and disjointed concrete panels and areas that pond water. Local businesses have expressed concern about the risk of transporting glass and other fragile products on the street, and have discussed with staff the City's plan for the street as they consider their plans to remain in the area. Repair will not address the street deficiencies. Senlac Drive needs to be reconstructed to make it an asset that helps retain existing businesses and attract new development on the west side of the City. The reconstruction will consist of Volume 96, page 47 . replacing the water lines along both sides of Senlac Drive and reconstructing the street pavement and drive approaches. An engineering services agreement has been negotiated with GSWW, Inc. for design of the Senlac Drive improvements in an amount not to exceed $191,700 and within 320 calendar days. The amount and contract time is consistent with the fee and time for similar projects. GSWW, Inc. was selected based upon their experience in designing street reconstruction and utility improvements throughout the Dallas/Fort Worth Metroplex. GSWW, Inc. has performed satisfactorily for the City on other street reconstruction projects. The City Engineer recommends approval of Resolution No. 2005-144 approving an agreement with GSWW, Inc. for engineering services for the reconstruction of Senlac Drive between Diplomat Drive and Valwood Parkway, in an amount not to exceed $191,700. Councilman Moses asked if these were the original water lines. City Engineer Jerry Murawski replied they were the original water lines. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2005-144 approving an agreement with GSWW, Inc. for engineering services. D.5 CONSIDER ADOPTING RESOLUTION NO. 2005-139 AWARDING THE BID FOR THE ANNUAL SUPPLY OF READY-MIX CONCRETE TO BEALL CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Requests for bids for the 2005-2006 annual supply of ready-mix concrete to be used by Public Works and Parks and Recreation Department were mailed to four vendors. Two bids were received and opened on November 1, 2005. The only bid meeting specifications was received from Beall Concrete in the amount of $126,137.50, based upon estimated quantities. Redi-Mix, Inc. could not meet specifications and two vendors did not return bids. Both non-bidding vendors were called and stated they would not commit to a yearly agreement because of the fluctuation in fuel and materials prices. If awarded, this contract will be for a one-year period with an option for an additional one-year period, subject to agreement by both parties. Beall's bid for concrete picked up at the plant is $70.75 per cubic yard. Last year's bid price for concrete picked up at the plant was $66.50 per cubic yard. The increase is due to the fluctuation in fuel and materials costs. Bids are based on estimated quantities and payments are made on a unit price basis. Volume 96, page 48 Deputy Mayor Pro Tem Robinson asked if the City is cutting back on the cubic yards it purchases. Public Works Director Mark Pavageaux replied the bid request is set up based on an estimated amount for the budget year. He stated Public Works will try and work within that budgeted amount. He stated if additional concrete is needed they will ask for the funds during the mid year budget review process. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye," adopted Resolution No. 2005-139 awarding the bid for the annual supply of ready-mix concrete to Beall Concrete with total purchases not to exceed $115,000. D.6 CONSIDER RESOLUTION NO. 2005-137 CASTING A VOTE FOR A NOMINEE TO THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Farmers Branch resident Bill Binford stepped down from serving as a member of the Board of Directors of the Dallas Central Appraisal District. The nomination process for filling Mr. Binford's vacated position is now complete. State law requires that the City of Farmers Branch vote by official ballot resolution on the nominees that were submitted. This action must be done by December 15, 2005 and returned to the Dallas Central Appraisal District. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," adopted Resolution No. 2005-137 casting the City's vote for Scott Wheeler to the Board of Directors of the Dallas Central Appraisal District. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Councilwoman Smith reported on the Metrocrest Hospital Authority Request for Proposals. Councilman Moses thanked everyone for the kindness shown to his family upon the death of his mother. Councilman Moses brought attention to the positive article in the Adult Life magazine regarding the Senior Dance Club and newly elected officers. City Manager Linda Groomer stated there was also a featured article in the Dallas Morning News regarding the Senior Dance Club on November 11, 2005. Volume 96, page 49 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:37 P.M. AND THEN CONCLUDED AT 6:24 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. 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 the acquisition of property generally located at the southwest corner of Valwood Parkway and Dennis Lane and addressed as 2784 Valwood Parkway, Farmers Branch, Texas. Mayor Phelps stated that staff was present to discuss this item with City Council. E.3 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; deliberate economic development services agreement with FBCC. 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 items in executive session. A motion by Councilman O'Hare, a second by Councilman Robinson, all voting "aye", adopted Resolution No. 2005-142 authorizing the City Manager to execute a tax rebate agreement between the City of Farmers Branch and Essilor of America, Inc., a Delaware corporation and its subsidiary, Essilor Laboratories of America or any other related entity, purposed for a master campus development located at and near 11315 Stemmons Freeway. Volume 96, page 50 A motion by Councilman Robinson, a second by Councilman O'Hare, all voting "aye", adopted Resolution No. 2005-148 authorizing the purchase of the property located at 2784 Valwood Parkway. A motion by Councilwoman Smith, a second by Councilman Moses, all voting "aye", adopted Resolution No. 2005-149 approving the mutual termination of a development services agreement, as amended, between the City of Farmers Branch and Farmers Branch City Center, FBCC, a Texas Limited Partnership. F.2 ADJOURNMENT. A motion by Councilwoman Smith, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of December 5, 05 at 8:35 p.m. r; Bob Phelps, Mayor Cindee Peters, City Secretary 1 Volume 96, page 51