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2006-04-03 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 3, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Councilmembers Bob Phelps Charlie Bird Ben Robinson Junie Smith Tim O'Hare Bill Moses The following members of the Administration were present: 1 City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Attorney John Boyle City Secretary Cindee Peters Assistant to the City Manager John Roach City Engineer Jerry Murawski Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Acting Police Chief David Hale Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Library Director Danita Barber Recording Secretary Suzanne Reynolds Kimberly Little Vu Nguyen Yvonne Elizardo Samantha Hollon Christian Villarreal Jonathan Brandt Liam Bruce Kacy Howe Phillip Cherry Lauren Odino Mayor Phelps called the City Council meeting of April 3, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Student Mayor Little led the pledge of allegiance and gave the invocation. Volume page 117 A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM APRIL 3, 2006 AS R.L. TURNER STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Mayor Phelps explained that Monday, April 3, 2006 was R.L. Turner High School Student Government Day at the City of Farmers Branch. Students from the high school served as counterparts to the Mayor, City Council, City Manager, Assistant City Managers and Department Heads. These students actually "ran" the City for a day. The students introduced themselves and their counterparts and were presented with certificates in recognition of their participation. Mayor Phelps introduced Lori Demurer, government teacher at R.L. Turner High School and sponsor of the Student Government Day participants, and presented her with the proclamation. A.3 RECOGNIZE THE FIRE DEPARTMENT FOR LONE STAR ACHIEVEMENT AWARD PRESENTED BY THE TEXAS FIRE CHIEFS ASSOCIATION. Student Mayor Little presented the following information. The Farmers Branch Fire Department has been awarded the Texas Fire Chiefs Association's Lone Star Achievement Award. The award was presented on March 15, 2006 at the Southwest Fire Rescue Conference Awards Dinner in Austin, Texas. The award is given to a department that demonstrates it has the program that best produces positive outcomes, that enhances community fire and life safety service delivery, or that directly increases firefighter safety and wellness. The Farmers Branch Fire Department nomination was for a model Self-Contained Breathing Apparatus program that is known as the SCBA+ Program. The SCBA+ Program is under the leadership of Lt. Lane Henderson and is a source of pride for the Department. The key features of the program are: 1. It is a 100% in-house program. Fire Department personnel perform all repairs and maintenance on the breathing apparatus. 2. The Department's program has the latest in technology. This includes the self-contained breathing apparatus worn by the firefighters and the sophisticated testing equipment used to verify their safe condition. 3. The program features the optimum in maintenance, testing and compliance. This includes fit testing, repairs and meticulous record keeping. Volume page 118 4. The program was recognized during the most recent Texas Commission on Fire Protection inspection on January 4, 2006. The inspector stated, "Your Respiratory Protection Program is the best I have ever seen." This award could not have been possible without the leadership of Lt. Henderson, the grant applications work by Deputy Chief Steve Parker to obtain funds for the technology upgrades, and the funding provided by the City Council to support this important safety program. Student Mayor Little presented Lt. Henderson with the Texas Fire Chiefs Association Lone Star Achievement Award. A.4 PROCLAIM MAY AS MOTORCYCLE SAFETY AND AWARENESS MONTH. Student Mayor Little presented and proclaimed May as "Motorcycle Safety and Awareness Month" to Lucky Hoke with the Thunderhorse Riders Group. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Student Mayor Little and Student 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. Student Mayor Little 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 Student Mayor Pro Tern Nguyen, seconded by Student Councilmember Brandt, all voting "aye," accepted the Consent Agenda as submitted. A motion by Mayor Pro Tern Bird, seconded by Councilman O'Hare, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 20, 2006. Volume page 119 B.2 ADOPTED RESOLUTION NO. 2006-040 APPROVING A PARTIAL RELEASE OF COVENANTS TO A DEVELOPER'S CONTRACT RELATIVE TO THE SUNBECK CORNERS ADDITION. B.3 ADOPTED RESOLUTION NO. 2006-036 APPROVING AMENDMENT NO. 1 TO DEVELOPER'S CONTRACT RELATIVE TO VALLEY VIEW BUSINESS CENTER AND LANDON COMMERCE CENTER ADDITIONS. B.4 ADOPTED RESOLUTION NO. 2006-041 APPROVING A SUPPLEMENT TO THE STREET LIGHTING SERVICE AGREEMENT IN THE AMOUNT OF $55,943.84 WITH TXU ELECTRIC DELIVERY FOR THE INSTALLATION OF STREETLIGHTS IN THE MERCER PARKWAY MEDIAN FROM 300 FEET EAST OF LUNA ROAD TO VALLEY VIEW LANE. B.5 ADOPTED RESOLUTION NO. 2006-002 AWARDING BID FOR SMALL WATER METERS AND STRAINERS IN AN AMOUNT NOT TO EXCEED $35,000. B.6 ADOPTED RESOLUTION NO. 2006-041 AUTHORIZING THE CITY MANAGER TO PURCHASE TWO REPLACEMENT VEHICLES IN THE AMOUNT OF $59,425.77. C.1 CITIZEN PARTICIPATION. James Stigers, 12304 Wood Manor Circle, complimented the City for being such a great City. He stated Branch Crossing is a great idea and needs to continue. He also appreciates Code Enforcement but would like to see it stepped up a notch. John Wells, 13245 Heartside Place, thanked the City for an excellent Community Meeting on Thursday, March 3e. Calla Davis, 2828 Selma, stated she saw Essilor's groundbreaking on the evening's six o'clock news and stated this is a coup for the City. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2858 APPROVING THE REQUEST BY T. HOWARD & ASSOCIATES ARCHITECTS, INC. ON BEHALF OF HEAD START OF GREATER DALLAS, INC. FOR A SPECIFIC USE PERMIT TO ALLOW A DAY NURSERY/KINDERGARTEN SCHOOL WITHIN THE BROOKHAVEN COMMUNITY COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE WITHIN THE PLANNED DEVELOPMENT NUMBER 20 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Volume 96, page 120 Student Councilmember Hollon presented the following information. The subject site is a vacant area located northwest of the existing developed portion of the Brookhaven Community College campus. The proposed request consists of a one-story, 21,235 square foot building on approximately three acres leased by Head Start for a nominal fee from Brookhaven College. The proposed building is to be used as a laboratory school for children from birth to five years and as classroom space for Brookhaven students. The proposed building will be built to conform in style with the existing buildings on the Brookhaven Campus with the same type and color brick exterior and sloping roofs. Parking and landscaping for the proposal both exceed PD-20 standards. No signs are proposed for the proposed use. The applicant shall dedicate fire lane and utility easements by a separate instrument, subject to approval by the City prior to issuance of building permits. The Planning and Zoning Commission recommends approval of the proposed specific use permit including the associated site plan drawings with the following condition. 1. The applicant shall obtain City approval of separate instruments dedicating proposed fire lanes and utility easements as shown on the associated site plan prior to issuance of building permits. Student Mayor Little opened the public hearing. A motion by Student Mayor Pro Tern Nguyen, seconded by Student Councilmember Hollon, all voting "aye," closed the public hearing. A motion by Councilmember O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilmember O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinance No. 2858 approving the proposed specific use permit, including the associated site plan drawings. 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 A DAY NURSERY/KINDERGARTEN SCHOOL WITHIN THE BROOKHAVEN COMMUNITY COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE WITHIN THE PLANNED DEVELOPMENT Volume 96, page 121 NUMBER 20 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. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-042 APPROVING AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR ROTOMILLING SERVICES AND USE OF DALLAS COUNTY'S CONTRACTOR TO RESURFACE SELECTED STREETS AND TAKE APPROPRIATE ACTION. Student Councilmember Villarreal presented the following information. The Street Resurfacing Program is budgeted in the 2005-06 Capital Improvement Program. The annual goal is to resurface eleven lane-miles annually. There is $1,562,465.15 available for the street resurfacing program this year. Sections of streets to be resurfaced this year include: STREETS: LIMITS: Amber Lane Ivanwood Drive to Webb Chapel Road Austell Parkway Valley View Lane to Maydelle Lane Belfield Drive Valley View Lane to Castleton Drive Bergin Lane Cochise Lane to Heartside Place Cameo Lane Ivanwood Drive to Webb Chapel Road Castleton Drive Belfield Drive to Longmeade Drive Castleton Circle Castleton Drive to cul-de-sac Castleton Place Castleton Drive to cul-de-sac Challaburton Drive Longmeade Drive to Valley View Lane Chatsworth Drive Webb Chapel Road to Mountcastle Drive Charcoal Lane Josey Lane to Rawhide Parkway Cochise Lane Windmill Lane to Fyke Road Colchester Drive Webb Chapel Road to Mountcastle Drive Emeline Drive Webb Chapel Road to Longmeade Drive Glenside Drive Webb Chapel Road to Longmeade Drive Glenside Circle Glenside Drive to cul-de-sac Golfing Green Drive Webb Chapel Road to Brookhaven Club Drive Golfing Green Court Golfing Green Drive to cul-de-sac Goodland Place Goodland Street to south end Heartside Place Amber Lane to Valwood Parkway Heartside Place Josey Lane to Longmeade Drive Mountcastle Drive Valley View Lane to Longmeade Drive Selma Lane Josey Lane to Veronica Road Stardust Lane Josey Lane to Valwood Parkway The resurfacing of the streets will include rotomilling to remove old asphalt and to provide a wedge in the concrete gutter in order to maintain drainage continuity Volume 96, page 122 along the street; repairing major concrete cracks in the curbs and pavement, repairing subgrade, laying a new asphalt surface, and replacing pavement markings and traffic loop detectors. The total cost of this year's street resurfacing is estimated to be approximately $1,504,000. As in previous years, it is proposed that the City utilize Dallas County's equipment and personnel for rotomilling and the County's asphalt paving contractor to resurface the selected streets. An interlocal agreement with Dallas County has been negotiated to utilize the County's forces and contractor for the rotomilling and resurfacing based on unit prices and hourly rates in an amount not to exceed $759,751.00. The rotomilling price is estimated at $1.50 per square yard. The asphalt price is $41.50 per ton plus mileage for a total estimated price of $41.85 per ton. The resurfacing work will take place this summer and fall. This year's asphalt price of $41.50 per ton plus mileage is 33% higher than last year's price of $31.09. Based on information obtained from several suppliers and contractors, the increase is reflective of the significant jumps in oil prices over the last twelve to eighteen months, which saw raw asphalt and diesel prices increase almost 50%. There are sufficient funds in the resurfacing program to fund the increase this year because the 2004-05 expenditures were under budget. If prices do not come down, the funding of the street resurfacing program for the future will have to be increased to meet the City's annual goals. The City Engineer recommends adopting Resolution No. 2006-042 approving an interlocal agreement with the County of Dallas for rotomilling services and use of Dallas County's contractor to resurface selected streets in an amount not to exceed $759,751.00. Student City Manager Bruce asked how many total lanes miles would be resurfaced. City Engineer Jerry Murawski replied eleven lanes miles would be resurfaced. A motion by Student Councilmember Hollon, seconded by Mayor Pro Tern Nguyen, voting "aye," adopted Resolution No. 2006-042 approving an Interlocal Agreement with Dallas County for rotomilling services, etc. as stated above. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2006-042 approving an Interlocal Agreement with Dallas County for rotomilling services, etc. as stated above. D.2 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, COMMUNITY WATCH COMMITTEE, LIBRARY BOARD, PLANNING AND ZONING COMMISSION, AND THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND TAKE APPROPRIATE ACTION. Volume 96, page 123 There are two vacancies on the School-Community Relations Committee. One vacancy is due to the resignation of Jim Smith who has filed to run for City Council. A motion by Mayor Phelps, seconded by Councilmember O'Hare, all voting "aye," reappointed Angie Mayo, Rena Herod, Wanda Barker and Gene Sadler to the Community Watch Committee. Mayor Phelps stated he would bring the Library Board and Planning and Zoning Commission to the May 1St City Council meeting. A motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," moved Chris Smith to Alternate Place 1 and Todd Betanzos on Alternate Place 2 to the Zoning Board of Adjustment and Building Code Board of Appeals. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. A motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," approved travel for Judge Terry Carnes to attend a conference in South Padre Island. Councilwoman Smith reported on the Metrocrest Hospital Authority meeting she attended on March 29th. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 4:57 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 5:45 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 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 96, page 124 Mayor Phelps stated that staff was present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, purchase, trade or lease of properties for a Commercial Lease Agreement with Champion/Classic Trailer Acquisition Company, LLC. Discuss application to create a Local Government Corporation pursuant to Chapter 431.101 et seq. and Chapter 394 of the Texas Local Government Code to accomplish governmental purposes as authorized. Mayor Phelps stated staff was present to discuss this item with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Mayor Phelps stated there were no items to discuss under this section. 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 Deputy Mayor Pro Tern Robinson, a second by Councilman O'Hare, all voting "aye," approved the renewal of the lease agreement with Champion/Classic Trailer Acquisition Company, LLC. F.2 ADJOURNMENT. ps Y Y ry A motion by Mayor Pro Tern Bird, a second by Councilwoman Smith, all voting "aye," adjourned the City Council meeting of April 3, 2006. 7:29 p.m. M Bob Phel Ma Cindee Peters Cit Secreta Volume 96, page 125