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2005-04-04 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 4, 2005 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Bill Moses Deputy Mayor Pro Tem Charlie Bird Councilmembers Junie Smith Ben Robinson Paul Walden The following members of administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Attorney John Boyle City Secretary Cindee Peters Assistant to the City Manager John Roach Finance Director Charles Cox Director of Public Works Mark Pavageaux Director of Community Services Michael Spicer Director of Parks and Recreation Jeff Fuller Acting Police Chief Kirk Riggs Fire Chief Kyle King Library Director Danita Barber City Engineer Jerry Murawski Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of April 4, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reggie Mayo presented the invocation and Mayor Phelps gave the pledge of allegiance. Volume 95, page 10 A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 21, 2005. B.2 APPROVED THE REQUEST BY RONALD A. JOURNAGAN ON BEHALF OF PRENTISS PROPERTIES REAL ESTATE FUND I FOR SITE PLAN APPROVAL, INCLUDING A VARIANCE TO ALLOW FOR AN APPROXIMATELY 398 SQUARE FOOT SIGN TO BE PLACED ON AN EXISTING BUILDING LOCATED AT 1603 LBJ FREEWAY, WITHIN PLANNED DEVELOPMENT 78, CONSIDER RESOLUTION NO. 2005-055. B.3 ADOPTED RESOLUTION NO. 2005-056 AWARDING THE BID FOR THE CONSTRUCTION OF A SIDEWALK ON THE NORTH SIDE OF VALLEY VIEW LANE FROM GLAD ACRES TO MARSH LANE, TO JIM BOWMAN CONSTRUCTION, CO., LP. B.4 ADOPTED RESOLUTION NO. 2005-058 AUTHORIZING THE CITY MANAGER TO PURCHASE SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE. C.1 CITIZEN PARTICIPATION. There was no citizen participation. Volume 95, page 11 [1 C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF TEMPLE OF CHRIST ADDITION, BEING A REPLAT OF TEMPLO CHRISTO REY ADDITION AND VALWOOD BUSINESS PARK ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Temple of Christ Addition is located at 2771 Valwood Parkway and is the site of the Templo Christo Rey church. Templo Christo Rey has purchased the lot adjacent to their church to allow for future expansion of the existing worship facility. This plat combines the two lots, Valwood Business Park Addition, Lot 2, Block 1 and Templo Christo Rey Addition. It also dedicates fire lane, utility, drainage, and access easements. The proposed plat consists of one lot totaling 2.57 acres. Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides interested parties and citizens an opportunity to be heard but does not require written notification. ~I Temple of Christ Addition is consistent with the Texas Local Government Code and with City requirements for final plat approval. The Planning and Zoning Commission recommends approval of the Temple of Christ Addition. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern Moses, seconded by Councilman Robinson, all voting "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," approved the Temple of Christ Addition. 0 C.3 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NUMBER 2814, APPROVING A SPECIFIC USE PERMIT FOR A MASSAGE THERAPY ESTABLISHMENT AT 14468 MIDWAY ROAD LOCATED AT THE SOUTHEAST CORNER OF MIDWAY ROAD AND BELTWOOD PARKWAY WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed specific use permit request is for a massage therapy establishment located in a 2,300 square foot tenant bay in an existing retail building. The proposed space is to be Volume 95, page 12 configured for the practice of a maximum of nine State-licensed massage therapists or other clinicians with three massage therapists being initially employed. The Comprehensive Zoning Ordinance allows a massage therapy establishment employing State-licensed massage therapists with a specific use permit in a Light Industrial zoning district. The request complies with all Light Industrial development standards. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed specific use permit and the associated site plan and plan of operation subject to the following condition: Massage shall be practiced only by State-licensed massage therapists in strict compliance with state law, the proposed plan of operation, and the proposed site plan. Mayor Phelps opened the public hearing. A motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," closed the public hearing. Mayor Phelps asked if the proposed business was replacing an existing business and if a physician referred all clients. Planning Analyst Jim Sellards stated the business is in the location of a previously existing business that was operated by a physician; and under the provisions of state law, a physician is not required to refer clients. Mayor Phelps asked if the City would be setting up a monitoring program. Mr. Sellards stated this was discussed at the Planning and Zoning Commission meeting and being taken under consideration. Mayor Phelps asked for clarification on the referrals by a physician. Mr. Sellards replied clients do not have to be referred by a physician that under the Texas Revised Civil Statue Annotated clients can just walk in if the therapist is licensed by the state. Deputy Mayor Pro Tem Bird asked if this establishment is replacing an existing business and what happened to the business. Mr. Sellards replied that a physician previously operated the business. Deputy Mayor Pro Tem Bird asked why the business was sold. Terry McCain, 14468 Midway Road stated the business moved to Carrollton for a larger location. Deputy Mayor Pro Tern Bird asked Mr. McCain if he agreed with the conditions recommended by the Planning and Zoning Commission. Mr. McCain replied that yes he agreed with the recommendation. Deputy Mayor Pro Tem Bird asked if anyone could receive a massage without referral from physician. Mr. McCain replied yes. Councilman Walden asked Mr. Sellards if there is any concern about this establishment. Mr. Sellards stated he contacted the police department and there have been no complaints against this operator. Volume 95, page 13 Deputy Mayor Pro Tern Bird asked whether the applicant had another similar business. Mr. Sellards replied the applicant has a location in Carrollton. Deputy Mayor Pro Tern Bird asked if there have been any problems with his business in Carrollton. Mr. Sellards replied the applicant informed him there have been no problems or complaints. City Manager Linda Groomer mentioned that massage establishments are required to obtain specific use permits in order to provide additional review of the application with regard to its appropriateness in a given location. Deputy Mayor Pro Tem Bird asked if there is a recommendation from staff. Ms. Groomer replied that staff recommended approval. Mayor Phelps asked Mr. McCain how long he has had the establishment in Carrollton. Mr. McCain replied six months. Councilwoman Smith asked Mr. McCain the name of his business in Carrollton. Mr. McCain replied Ventura Massage Center. Councilwoman Smith asked Mr. McCain what the difference is in his license and those massage establishments, which are referred to by physicians. Mr. McCain replied he has a massage establishment license, which allows him to have walk-in clients. Councilwoman Smith asked Mr. McCain if his clients have to have a prescription by a medical doctor. Mr. McCain replied no. Councilwoman Smith asked if there were other massage establishments in Farmers Branch. Mr. Sellards replied there used to be four massage establishments that were granted SUP's but there are only two of those remaining. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2814 approving the proposed specific use permit, including the associated site plan and plan of operation, 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, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 14468 MIDWAY ROAD AND WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; 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. Volume 95, page 14 D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-048 SUPPORTING THE DALLAS/FORT WORTH REGIONAL CONSENSUS RECOMMENDATIONS FOR THE PROPOSED TRANS TEXAS CORRIDOR THAT GENERALLY PARALLELS IH-35 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Trans Texas Corridor is a State initiative to provide new corridors for auto, truck and rail transportation as well as energy, water, telecommunications and other utilities through parts of Texas. One proposed corridor would provide a connection from the Mexico border to the Oklahoma border, generally parallel to IH-35, but bypassing the central areas of Dallas and Fort Worth by 30 to 50 miles. [1 Local governments throughout the Dallas/Fort Worth region expressed concerns that the corridor parallel to IH-35 will be detrimental. The first concern is that the region's commercial centers will not be adequately connected to this new major transportation facility. The second concern is that the corridor will not do anything to address the region's current congestion problems. The local governments are joining together to develop a set of recommendations intended to provide vital connection to the corridor and help address current congestion. Further, local governments collectively are requesting that the evaluation of alternative routes include an analysis of economic impacts to existing and future urban population and employment. The leading transportation policy advocacy groups in both Dallas and Fort Worth, including the Regional Transportation Council, have adopted the local government recommendations. Traffic Engineer Dave Davis gave a brief presentation regarding the Trans Texas Corridor. There being no further discussion, a motion by Councilman Bird, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-048 supporting the Dallas/Fort Worth regional consensus recommendations for the proposed Trans Texas Corridor that generally parallels IH-35. D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-053 DESIGNATING JPMORGAN CHASE BANK, N.A. AS THE CITY'S DEPOSITORY BANK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEPOSITORY CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The term of the City's depository contract with JPMorgan Chase Bank of Texas, N.A. will expire on April 30, 2005. The City has had an excellent relationship with Chase Bank during the past five-year contract. Volume 95, page 15 Requests for proposals were advertised and sent to five banks operating in Farmers Branch. Proposals were received from Comerica Bank and JPMorgan Chase Bank. Proposals were evaluated based on the following criteria: A. To find a bank that is both capable of providing banking services and willing to be attentive to the City's money matters; and, B. To maximize the total dollars earned by the City on account balances in order to be prudent and effective custodians of the taxpayers' financial resources; and, C. To maintain a good working relationship with the depository bank; and, D. To adequately compensate the depository bank for services provided and to allow a reasonable profit to be earned, subject to competitive forces in the marketplace; and, E. To seek a bank that supports the local business and residential community. Based on the criteria used to evaluate the proposals, both banks are capable of serving as the City's depository. The primary differences between the two proposals were cost of services and community support. JPMorgan Chase Bank proposed the lower cost of $27,912 annually compared with Comerica Bank's proposal of $31,200 annually. JPMorgan Chase Bank received a rating of "outstanding" for regional community reinvestment by a federal bank supervisory agency; Comerica Bank received a rating of "satisfactory." The 2004-05 adopted budget contains $70,000 for depository services. Actual cost is based on the level of activity each month. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2005-053 designating JPMorgan Chase Bank as the City's depository bank and authorizing the City Manager to enter into a three-year depository contract with optional automatic renewals for two additional one year periods. D.3 CONSIDER ADOPTING RESOLUTION NO. 2005-006 AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO.6 TO THE MANAGEMENT AND OPERATIONS AGREEMENT AND ASSET PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, AND CAMELOT LF TX, L.P., A TEXAS LIMITED PARTNERSHIP REGARDING SPECIAL WASTE ACCEPTANCE TERMS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is currently contracting with Trinity Waste for the operation of the Camelot landfill that is located in the City of Lewisville. In 2003, the City Council previously approved the acceptance of special waste from outside the City of Farmers Branch on a case-by-case basis. Special waste is defined by the Texas Commission on Environmental Quality as any solid waste Volume 95, page 16 that requires special handling and disposal to protect human health or the environment because of its quantity, concentration, physical or chemical characteristics or biological properties. These wastes are not considered hazardous and are allowed for disposal at the Camelot Landfill in accordance with TCEQ rules. Such waste includes items such as dirt, rock-contaminated soils and construction debris. City staff has evaluated the special waste acceptance process and recommends that a contract addendum should be proposed for the mutual benefit of all parties. The proposed Addendum No. 6 replaces Addendum No. 5 for a period that coincides with the Landfill Management and Operations Agreement, which began on October 1, 1998 and continues through October 1, 2008. The Agreement may be extended for an additional five-year period for a total of 15 years from the beginning of the agreement, through October 1, 2013 subject to approval by Council. Councilman Robinson asked if the City would be approving the acceptance of special waste on a case-by-case basis. Director of Public Works Mark Pavageaux replied yes the City would accept waste on a case-by case basis as in previous years. There being no further discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-006 authorizing the City Manager to execute Addendum No. 6 to the Management and Operations Agreement and Asset Purchase and Sales Agreement between the City of Farmers Branch and Camelot LF TX, L.P., a Texas limited partnership. DA CONSIDER ADOPTING RESOLUTION NO. 2005-060 APPROVING THE PURCHASE OF FIVE TRUCKS FROM SAM PACK'S FIVE STAR FORD, IN THE TOTAL AMOUNT OF $167,297.86, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2004-2005 Fixed Asset Fund includes $184,500.00 for five replacement vehicles: two trucks for Public Works' streets division; one truck for Public Works' utilities division; and two trucks for the Parks and Recreation Department's grounds maintenance division. These five vehicles were originally included as part of an earlier request for quotation package for twelve vehicles. The package was sent to the Texas Local Government Purchasing Cooperative, or BuyBoard, the Houston Galveston Area Council, or HGAC, and Tarrant County Cooperative Purchasing Program in request of quotes based on established contract pricing; however, price quotes were not received for these five vehicles. A formal request for bids was then prepared and sent to twenty-seven vendors requesting competitive bids. Two vendors responded with bids: Philpott Ford of Houston, Texas and Sam Pack's Volume 95, page 17 0 Five Star Ford of Carrollton, Texas. Sam Pack's Five Star Ford submitted the lowest bids for all five vehicles as follows: • one truck with mounted 10 ft. flatbed for $41,203.86 • one truck with mounted stake bed for $32,362.83 • one extended cab truck with mounted utility body for $32,267.45 • one crew cab truck with mounted utility body for $29,789.47 and • one 1.5 ton crew cab truck with mounted 10 ft. flatbed for $31,674.25 The total for all vehicles quoted is $167,297.86. Staff recommends Council adopt Resolution No. 2005-060 awarding the bids for the purchase of five replacement vehicles. There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2005-060 awarding the bids for the purchase of five replacement vehicles. D.5 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, FARMERS BRANCH HOUSING FINANCE CORPORATION AND THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Councilwoman Smith, seconded by Councilman Walden, all voting "aye," reappointed Fred Johnson, Jim Andrews and Steve Sobkowiak to the Farmers Branch Housing Finance Corporation. Mayor Phelps stated the Community Watch Committee would be brought back to the May 2nd City Council meeting. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Phelps announced he, Councilmembers Bird and Smith and staff members attended the memorial services for Tina Plumlee's son Jackson who was killed in a tragic accident and asked that their family be remembered. A motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," approved travel to Toronto, Canada for City Manager Linda Groomer and Mayor Bob Phelps to attend the CoreNet Economic Development Awards presentation, where the Farmers Branch JP Morgan Chase Economic Development program is a finalist. D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Volume 95, page 18 Mayor Phelps stated on March 12th he and the Council attended the Farmers Branch Chamber of Commerce Wild and Wacky Dinner. On March 14th Mayor Phelps, City Manager Linda Groomer and Economic Development Analyst Abby Liu met and welcomed a delegation from China and in the evening they attended a dinner with the delegation. On March 15th the Chinese delegation came to city hall and had a tour of city hall, the Historical Park, the Renaissance area and the StarCenter. On March 24th he attended an announcement ceremony by Kenny Marchant regarding transportation funding. On March 28th Farmers Branch hosted the City of Denton's Mayor, City Manager and staff for a tour of the StarCenter and had a meeting with StarCenter representatives. On March 29th the first Community Meeting was held which was well attended. On March 30th he attended a Council Orientation for Councilman elect Tim O'Hare. On March 31St the second Community Meeting was held with good attendance. On Saturday, April 2" d he attended the Grand Opening Ceremony for Little League in Farmers Branch. City Manager Linda Groomer stated in regard to the Community Meetings, she was pleased with the turn out and especially the survey responses. She stated one question of the survey under "Police and Fire" asked "Do you feel safe in your neighborhood?" She stated 100% of the people that filled out the survey replied yes they do feel safe in their neighborhood. Ms. Groomer stated it was phenomenal to receive 100% support in a survey instrument on any topic. Councilwoman Smith complimented staff for doing an excellent job on the video, which was shown at the Community Meetings. 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 6:30 P.M. AND CONCLUDED AT 7:20 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS LAND ACQUISITION -TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery and other Farmers Branch cemetery properties. Discuss land sale, purchase, trade or lease of properties addressed as 2520 Pepperwood Street and 12905 Bee Street located in Farmers Branch, Texas. Mayor Phelps stated that staff was present to discuss these items with the City Council. Volume 95, page 19 E.2 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086. Discuss and deliberate 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 Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss the Texas commission on environmental quality inspection and potential enforcement action/Camelot landfill. Mayor Phelps stated that staff was present to discuss this item with 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 Deputy Mayor Pro Tern Bird, a second by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2005-061 adopting a property transfer and exchange agreement between the Farmers Branch Keenan Cemetery Association and the City of Farmers Branch. A motion by Councilwoman Smith, a second by Deputy Mayor Pro Tem Bird, all voting "aye," approved the deposit of the commissioners' award into the Dallas County Court registry to acquire the property addressed as 2520 Pepperwood. A motion by Councilman Robinson, a second by Councilman Walden, all voting "aye," approved Resolution No. 2005-059 authorizing the purchase of property at 12905 Bee Street. Mayor Phelps explained the City Council was updated by staff on the remaining items in Executive Session. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Deputy Mayor Pro Tem Bird, all voting "aye," adjourned the City Council meeting of April 4, 2005 at 8:34 p.m. 1 Bob Phelps, Mayor Cindee Peters, City Secretary Volume 95, page 20