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2009-08-11 CC Minutes City of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, August 11, 2009 6:00 P.M. Regular Meeting The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tern David Koch Deputy Mayor Pro Tern Tim Scott Councilmembers Harold Froehlich Ben Robinson The following member of the City Council was absent: Councilmember Michelle Holmes The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims-Bradish City Secretary Cindee Peters City Attorney Kevin Laughlin Finance Director Charles Cox Director of Parks and Rec. Jeff Fuller City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Human Resources Kathy Shields Director of Public Works Mark Pavageaux Library Director Danita Barber Director of Communications Tom Bryson Police Chief Sid Fuller Fire Chief Kyle King B.l INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Ben Robinson gave the invocation and Mayor O'Hare led the pledge of allegiance. Volume 102, page 92 - B.2 RECOGNITION OF RESIDENT ARTIST AND SCULPTOR ELISEO GARCIA. Mayor O'Hare recognized local resident Artist and Sculptor Eliseo Garcia and presented him with a proclamation. EXEMPLARY B.3 RECOGNITION OF YARD OF THEIR YARDS AND OR ADDING EFFORTS IN MAINTAINING BEAUTIFICATION TO THE CITY. Mayor O'Hare stated one of the Goals of the City Council is to improve the appearance of the City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program, begun on August 1, 2007, was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The City was divided into quadrants, therefore awarding four yards each month. The panel of judges comprised of various City staff, City officials and horticulture specialists changes each month. Mayor O'Hare presented the awards for August Yards of the Month to the following: North West - James & Karen Barrett - 3411 Gatwick Place North East - Richard & Mary Sue Camp - 3032 Hollandale (not present) South West - Dan & Lisa Hasty - 2852 Maydelle Lane South East - Phylis Thayer - 3457 Ridgeoak Way (not present) B.4 PRESENTATION OF TAMI AWARD FOR BEST WEBSITE FOR POPULATION UNDER 70,000 TO THE COMMUNICATIONS DEPARTMENT. Mayor O'Hare explained the City of Farmers Branch website was recognized in June with a TAMI Award by the Texas Association of Municipal Information Officers at their annual conference held in Lewisville. The website was judged best against competitors from cities like Allen, College Station, Garland, Waco and Round Rock. Judges cited the City's website as being inviting with a unique design, and were impressed with the attention to detail in the site design such as color coding the main navigation tabs and considered the site aesthetically superior. The City's site at www.farmersbranch.info was launched in October, 2008 and has seen more than 230,000 visits since that time - an average of about 28,000 visits per month. B.5 PRESENTATION OF AWARDS TO MANSKE LIBRARY'S SUMMER READING CLUB PARTICIPANTS. Mayor O'Hare, Danita Barber, Library Director, and members of the Manske Library Board presented awards to Summer Reading Club participants. Volume 102, page 93 B.6 PRESENTATION OF THE ACHIEVEMENT OF EXCELLENCE IN LIBRARIES 2009 AWARD TO THE MANSKE LIBRARY. Mayor O'Hare explained that the Farmers Branch Manske Library was recognized with an Achievement of Excellence in Libraries Award by the Texas Municipal Library Directors Association, an affiliate of the Texas Municipal League. The Library was judged excellent in the areas of programming, outreach activities, marketing, and technology. From 565 eligible libraries, only 33 received the 2009 award in all areas required to qualify. B.7 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye appointed Ernest Tiller to the Historical Preservation and Restoration Board. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", reappointed the following members of the Business Community Relations Board: John Tarlton, Jason Lowe, and Sherri Wadley. A motion by Mayor O'Hare, a second by Councilman Scott, all voting "aye", reappointed the following members of the Senior Advisory Board: Jimmie May, Jeanne Sawyer, Clyde Phillips, Sam Allen, and Willard Zimmerer. B.8 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief overview of the items discussed in Study Session. C. CONSENT ITEMS Mayor O'Hare 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 Tern Koch, a second by Councilman Scott, all voting "aye", approved the consent agenda as submitted. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY14, 2009 AND THE SPECIAL CITY COUNCIL MEETING OF JULY 21, 2009. Volume 102, page 94 C.2 ADOPTED RESOLUTION NO. 2009-050 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN STREETS TO SILVER CREEK CONSTRUCTION, INC. IN THE AMOUNT OF $60,700. C.3 ADOPTED RESOLUTION NO. 2009-051 AWARDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR EMPLOYEE AND RETIREE VOLUNTARY GROUP VISION INSURANCE. CA ADOPTED RESOLUTION NO. 2009-052 AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF A REPLACEMENT BACKHOE LOADER FOR THE PUBLIC WORK UTILITIES DIVISION IN THE TOTAL AMOUNT OF $66,000 FROM HOUSTON GALVESTON AREA COOPERATIVE. C.5 ADOPTED RESOLUTION NO. 2009-053 APPROVING AND ADOPTING A REVISED TRAVEL AND EXPENSE REIMBURSEMENT POLICY FOR THE MEMBERS OF THE CITY COUNCIL, MAYOR, CITY JUDGE(S), AND CITY MANAGER; REMOVING PREAPPROVAL REQUIREMENTS FOR OUT-OF- TOWN MEETINGS; REPEALING RESOLUTION NO. 97-067. C.6 ADOPTED RESOLUTION NO. 2009-054 AWARDING THE BID FOR SANITARY SEWER CLEANING AND VIDEO PROJECT TO ACE PIPE CLEANING INC. C.7 ORDINANCE NO. 3037 APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS STEERING COMMITTEE AND ATMOS ENERGY CORPORATION, MID-TEX DIVISION FOR GAS RATES. ORDINANCE NO. 3037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID- TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; PROVIDING A SAVINGS CLAUSE;; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING Volume 102, page 95 _ COMMITTEE'S LEGAL COUNSEL; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 PUBLIC HEARING: CONSIDER THE ~ AND TAKE APPROPRIATE ACTION AL PLAT OF ARIAS RICHLAND ADDITION Jerry Murawski, City Engineer, explained the proposed Arias Richland Addition is a 0.5- to undeveloped. he owner of acre site is located at 2417 Richland d presently the property, H. Arias Family Limited Partnership, proposes office/warehouse facility on property. The proposed Arias Richland 9 of the North Dallas Truck Farms addition, dedicates a which is a replat of part of Tract fire lane, a 7.5 foot utility easement and 7 feet of street right-of-way. The replat complies with the approved site plan. The Final Plat of Arias Richland Addition is consistent with the Texas Local Government Code and with City requirements for a final plat and an administratively approved site plan. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. Written notifications are not required. On July 13, 2009, the Planning and Zoning Commission recommended approval of the Final Plat of Arias Richland Addition. " A motion by Councilman Robinson, a second by Councilman Scott, all voting aye closed the public hearing. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", approved the Final Plat of Arias Richland Addition. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE DISTRICT, ALSO AMENDING THE PLANNED DEVELOPMENT KNOWN AS THE STATION AREA FORM-BASED CODE, ORDINANCE NO. 2800, INCLUDING THE REGULATING PLAN, URBAN DESIGN PLAN, STREET TYPES PLAN AND ASSOCIATED TEXT AND TAKE APPROPRIATE ACTION. Michael Spicer, Director of Community Services, explained the Planned Development No. 86 zoning district includes approximately 143.7 acres and is generally bounded by Interstate 35E to the west, Havenhurst Street to the north, the Pepper Hill Addition and Rawhide Creek to the east, and Farmers Branch Lane to the south. The proposed amendment would revise the Regulating Plan and related Urban Design and Street Types Plans. Proposed changes include: Terminating Bee Street at Pepperwood Street (south of Valley View Lane); Relocation of the Bee Street section south of Pepperwood approximately two-hundred fifty feet (250') to the east (i.e., construction of a new street section); Volume 102, page 96 Creation of a new Street Type known as Promenade 46, a linear public space designed for pedestrian use; Recoding Bill Moses Parkway (formerly Buttonwood) from "General Frontage" to "Local Frontage;" and Text amendments related to these changes The proposed changes would: Facilitate two development phases adjacent to the east side of the DART rail station instead of just one; Require development of a linear public space that will improve pedestrian access to the DART light rail station and function as a fire lane; and Increase the area available for townhouse development to include frontage along Bill Moses Parkway (formerly Buttonwood). The Planning and Zoning Commission, by unanimous vote, recommends the Planned Development No. 86 zoning district be amended, including the Regulating Plan, Urban Design Plan, Street Types Plan and associated text. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", adopted the following captioned Ordinance No. 3050 amending the Planned Development No. 86 zoning district, Ordinance No. 2800, including the Regulating Plan, Urban Design Plan, Street Types Plan and associated text. ORDINANCE NO. 3050 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. 86 (PD-86) ZONING DISTRICT, ALSO KNOWN AS THE FARMERS BRANCH STATION AREA FORM-BASED CODE, ORDINANCE NO. 2800, INCLUDING THE REGULATING PLAN, URBAN DESIGN PLAN, STREET TYPE PLAN AND ASSOCIATED TEXT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINENOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. D.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3042 FOR A SPECIFIC USE PERMIT ALLOWING AN INDOOR COMMERCIAL AMUSEMENT FACILITY FOR BALLROOM DANCING AND SPECIAL EVENTS TO BE _ LOCATED IN THE EXISTING BUILDING AT 4347 SIGMA ROAD AND THE ADJACENT EXISTING PARKING LOT AT 13890 MIDWAY ROAD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Volume 102, page 97 Andy Gillies, Director of Planning, explained the applicant, Lonna Herrscher, proposes to develop special events facility for ballroom dancing within a portion of the existing building located at 4347 Sigma Road. The facility will contain a wide range of entertainment and retail activities including a restaurant, dance hall, dancing studios, beauty salon, and general offices. No exterior expansion of the building is proposed, however a modification of the front fayade is planned. Extensive remodeling of the interior will be necessary to accommodate the new activities. The applicant will also repair the remote parking lot and upgrade the landscaping in front of the building along Sigma Road. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed Specific Use Permit for an indoor commercial amusement facility and the associated Site Plan with the following conditions: Resurface and restripe the existing parking lot located at 13890 Midway Road prior to issuance of a Certificate of Occupancy. Replat the property prior to issuance of a Certificate of Occupancy. A Landscape Plan for the site and a front fagade elevation shall be approved by staff prior to the issuance of a building permit. A motion by Councilman Scott, a second by Mayor Pro Tem Scott, all voting "aye", closed the public hearing. A motion by Mayor Pro Tem Koch, a second by Councilman Robinson, all voting "aye approved the following captioned Ordinance No. 3042 for a Specific Use Permit allowing an indoor commercial amusement facility and the associated Site Plan subject to the conditions recommended by the Planning and Zoning Commission. ORDINANCE NO. 3042 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT WITH SPECIAL CONDITIONS FOR AN INDOOR COMMERCIAL AMUSEMENT FACILITY ON PROPERTY ZONED LIGHT INDUSTRIAL "LI" ZONING DISTRICT, SAID PROPERTY BEING A 5.310 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE DA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3043 FOR A SPECIFIC USE PERMIT ALLOWING OUTDOOR DISPLAY OF OUTDOOR ART OBJECTS AT 13342 MIDWAY ROAD AND 4250 MCEWEN ROAD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Volume 102, page 98 Andy Gillies, Director of Planning, explained the subject property is the former Gabbart's furniture store located at the southeast corner of Midway Road and McEwen Road within the North Dallas Design District. The building is currently occupied by multiple tenants including furniture, art and interior design retailers. The property owner, Parker Midway LP, proposes to add thirteen (13) outdoor display areas to showcase large works of art that would be available for purchase. These outdoor art displays would be visible along both Midway Road and McEwen Road, along with other display areas located onsite near the interior parking lot and building entrances. The displays would be large scale art pieces approximately 15 feet in height and secured to concrete bases. The pieces would periodically be rotated or replaced with new art objects. The owner/applicant has submitted a conceptual site plan showing the approximate locations for the thirteen display areas. Some of the display areas along Midway and McEwen will be illuminated at night. All art to be displayed along Midway and McEwen will be of an abstract nature. All art exhibits will be approved by the owner prior to installation. All of the art objects on display would be for sale, but would not include any signage or advertising content. The Planning & Zoning Commission recommends approval of the Specific Use Permit for outdoor display of art objects and the associated Site Plan with the following conditions: The location of the outdoor display exhibits will be approved by staff prior to the issuance of a building permit. A Landscape Plan will be approved by staff prior to the issuance of a building permit for the outdoor display exhibits. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye closed the public hearing. A motion by Mayor Pro Tern Koch, a second by Councilman Scott, all voting "aye", approved Ordinance No. 3043 with the amendment as discussed for a Specific Use Permit to allow outdoor display of art objects and the associated Site Plan subject to the conditions recommended by the Planning and Zoning Commission. ORDINANCE NO. 3043 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT WITH SPECIAL CONDITIONS FOR OUTDOOR DISPLAY ON PROPERTY ZONED LIGHT INDUSTRIAL "LI" ZONING DISTRICT A 7.506 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF MIDWAY ROAD AND McEWEN ROAD AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A Volume 102, page 99 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE E.1 CONSIDER ADOPTING RESOLUTION NO. 2009-048 AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF FARMERS BRANCH AND CLUB SOCCER, INC. AND TAKE APPROPRIATE ACTION. Jeff Harting, Asst. Director of Parks and Recreation, explained the City and Club Soccer, Inc. (Texans), a premier select soccer club, entered into a 20-year Lease Agreement on October 17, 2006 for the Texans to lease land owned by the City to construct and operate a soccer complex. The six field complex is located north east of the intersection of Valley View Lane and Luna Road. The Texans completed construction and have been operating the complex since late 2007. This has been a good relationship with the Texans hosting tournaments to generate hotel/motel room nights and associated economic impact. On March 5, 2007 the First Amendment to the Lease Agreement was granted relative to placement of improvements the Texans were required to construct. On December 16, 2008 the Second Amendment to the Lease Agreement was granted relative to the calculation of required hotel/motel room nights. The Lease Agreement calls for the final phase of construction to be completed by March 1, 2010. Remaining items to be constructed are permanent restroom and concession facilities. The Texans are requesting a Third Amendment to the Lease Agreement that will allow them to delay construction of the concession facility. The permanent restroom facility is the item of larger importance between the restroom and concession facilities. Permanent restrooms, sufficient for the needs of the present complex, will allow for removal of the portable restrooms. This amendment would require the restrooms to be complete by March 1, 2010 and the concession facility to be complete by March 1, 2011. City Administration recommends approval of the Third Amendment to the Lease Agreement. Construction of a permanent restroom facility is of more critical importance than the construction of concession facilities. This Amendment states specific timelines for both projects. _ A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye adopted Resolution No. 2009-048. Volume 102, page 100 E.2 CONSIDER ADOPTING A MOTION PROPOSING THAT THE CITY ADOPT A $0.5195 PROPERTY TAX RATE, SCHEDULE TWO PUBLIC HEARINGS FOR AUGUST 25, 2009 AND SEPTEMBER 1, 2009, SCHEDULE ADOPTION OF THE TAX RATE ON SEPTEMBER 15, 2009, AND TAKE APPROPRIATE ACTION. Charles Cox, Director Of Finance, explained the 2009-10 proposed budget was submitted to the City Council on July 31, 2009, and is also available to the public for review on the City's Website and at the Manske Library. The City Council discussed the 2009-10 proposed budget in a workshop held on July 21 st. The proposed budget anticipates increasing the current property tax rate of $.4945 by $.025 to $0.5195 per $100 assessed value. This increase anticipates the Council authorizing the issuance of $10 million in certificates of obligation with a 15-year maturity in the 2008-09 fiscal year with debt service payments beginning in the 2009-10 fiscal year. The Dallas Central Appraisal District recently certified the City's taxable property values. Including new construction, these values reflect a 2.7% increase overall. Residential values decreased 0.3%. Increased property values will result in an increase in property tax revenues even if the property tax rate is not increased. The 2009-10 budget contains recommendations for the use of the added revenues. Proposing a 51.95 cent tax rate will require the publication of a notice in the newspaper notifying taxpayers of the proposed effective tax increase. Dallas County is responsible for calculating and certifying the information on this notice, which is expected to be finalized and published in the Dallas Morning News on August 13th. Under the State Property Tax Code, proposing the 51.95 cent tax rate requires that the City Council first pass a motion to propose a tax rate and set two public hearing dates. Tonight's motion proposes a tax rate, but does not adopt any tax rate. The final adopted tax rate may be less than the tax rate proposed tonight. The public hearings are proposed to take place on August 25, 2009 at 5:00 p.m. at City Hall and September 1, 2009 at 6:00 p.m. at City Hall during the regular City Council meeting. City Council will adopt a tax rate at the regular City Council meeting on September 15th. City Administration recommends that the City Council adopt a motion proposing that the City adopt a 51.95 cent property tax rate for 2009-10, set public hearings for August 25, 2009 at 5:00 p.m. at City Hall and September 1, 2009 at 6:00 p.m. at City Hall, and schedule adoption of the tax rate on September 15, 2009 at 6:00 p.m. at City Hall. Mr. Jerry Smith, 2776 Leta Mae Circle, stated he was against a tax increase. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye proposed that the City adopt a 51.95 cent property tax rate, schedule public hearings on August 25, 2009 and September 1, 2009, and schedule adoption of the tax rate on September 15, 2009. E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-057 RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF FARMERS BRANCH, Volume 102, page 101 TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009, PROVIDING AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained this resolution gives notice of the City's intent to issue short-term certificates of obligation, in an amount not to exceed $10 million, for the purpose of paying contractual obligations to be incurred for acquiring and demolishing dangerous structures located within the City and paying for professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. The City Council anticipates authorizing the sale of these bonds at the regularly scheduled Council meeting on September 15, 2009. City Administration recommends approving Resolution No. 2009-057 providing for notice to be given of the City's intent to issue Combination Tax and Revenue Certificates of Obligation, Series 2009. Mr. Jerry Smith, 2776 Leta Mae Circle, stated he was against the issuance of Certificates of Obligation being issued. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye adopted Resolution No. 2009-057 providing for notice to be given of intent to issue certificates of obligation. EA CONSIDER ADOPTION OF ORDINANCE NO. 3038 AMENDING CHAPTER 22 AND CHAPTER 26 OF THE CODE OF ORDINANCES RELATIVE TO SUBSTANDARD APARTMENT COMPLEXES AND A MANDATORY CRIME REDUCTION PROGRAM FOR APARTMENT COMPLEXES AND TAKE APPROPRIATE ACTION. Jim Olk, Building Official, explained that habitable and secure housing is essential to preserving the health, safety, welfare and quality of life for Farmers Branch residents. Substandard living conditions and criminal activity are indicators of deteriorating housing and blight. Proposed Ordinance No. 3038 has been prepared to objectively address these issues in apartment complexes. Ordinance No. 3038 establishes a weighted rating system that allows the Building Official to determine a habitability score for every apartment complex in the city. As designed, the rating system places the greatest importance on life safety concerns that impact the well being of residents (the physical appearance of an apartment complex is of secondary concern). The habitability score is then combined with crime statistics data for _ each apartment complex to determine whether the apartment complex is substandard. Should an apartment complex be deemed substandard, the property shall be subject to an order for demolition or repair sufficient to gain full compliance with all construction and maintenance standards in effect at the time such determination is made. Volume 102, page 102 - All apartment complexes determined by the Building Official to be substandard would be entitled to a public hearing before the Zoning Board of Adjustment acting in its capacity as the Housing Authority. The Housing Authority may uphold or overturn the determination of the Building Official. Appeals of the Housing Authority decision may be made to the City Council. Ordinance No. 3038 also updates the occupancy standards for apartment complexes to bring them in line with the Minimum Housing Code. Ordinance No. 3038 further amends Chapter 26 of the Code of Ordinances by adding Article VII, a "Mandatory Crime Reduction Program for Designated Apartment Complexes." Article VII requires apartment complexes that exceed a "crime risk/safety threshold" to participate in the City's "Mandatory Crime Reduction Program". This program has specific requirements designed to reduce crime in the complex. Mandatory requirements of apartment complexes that exceed the crime risk/safety threshold include; All residents must sign a "Crime Free Lease Addendum". Hold at least one crime watch meeting per quarter. Conduct a criminal background check on all residents. Conduct a credit check on all residents. Based on the specific crime risk, the Chief of Police may require an apartment complex to do any or all of the following; Require on-site security personnel. Security lighting. Cut landscaping to prevent crime. Lock common areas; laundry rooms, mail rooms, etc. Providing only residents access. Key control plan. Fencing. Block pay phones from receiving phone calls or remove them. A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 3038 amending Chapter 22 and Chapter 26 of the Code of Ordinances relative to substandard apartment complexes and a mandatory crime prevention program. ORDINANCE NO. 3038 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 22 "BUILDING AND BUILDING STANDARDS" BY AMENDING SECTIONS 22-391, 22-448, 22-449, 22-450, 22-451 AND 26-116 AS THEY RELATE TO SUBSTANDARD APARTMENT COMPLEXES AND OCCUPANCY STANDARDS; AND AMENDING CHAPTER 22 BY ADDING A NEW ARTICLE VII TITLED "MANDATORY CRIME REDUCTION PROGRAM FOR DESIGNATED APARTMENT COMPLEXES" TO PROVIDE _ DEFINITIONS, PROGRAM FEE AND STANDARDS FOR A MANDATORY CRIME REDUCTION PROGRAM; PROVIDING FOR A PENALTY OF UP TO TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING Volume 102, page 103 FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. E.5 CONSIDER ADOPTION OF ORDINANCE NO. 3039 AMENDING THE CODE OF ORDINANCES SECTION 62-14 "PROHIBITED SIGNS" REGARDING THE COMMISSIONING OF THE PLACEMENT OF SIGNS IN THE CITY RIGHT-OF- WAY AND TAKE APPROPRIATE ACTION. Jim Olk, Building Official, stated the City's sign regulations prohibit the placement of certain signs within public rights-of-way. In order to prosecute cases related to the placement of illegal signs within public rights-of-way, current regulations require that the code enforcement or police officer catch the violator in the act of placing the sign. Ordinance No. 3039 has been prepared to provide the City a means to prosecute persons that cause or commission the signs to be placed in the right-of-way. With the passage of this ordinance, City enforcement personnel would not have to witness the actual placement of the illegal sign in order to investigate who benefits from the sign and effect corrective actions against that individual. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye", adopted the following captioned Ordinance No. 3039 amending the sign regulations regarding the commissioning of signs in the right-of-way. ORDINANCE NO. 3039 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, CHAPTER 62 "SIGNS, ADVERTISING, MERCHANDISE SALE AND DISPLAY" BY AMENDING SECTION 62-14 "PROHIBITED SIGNS" BY MAKING IT AN OFFENSE FOR A PERSON TO COMMISSION THE PLACEMENT OF A SIGN ON THE CITY RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. E.6 CONSIDER ADOPTING RESOLUTION NO. 2009-055 AWARDING THE BID FOR PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS WITHIN THE FARMERS BRANCH STATION AREA TO NORTH TEXAS CONTRACTING, INC. IN THE AMOUNT OF $1,699,042 AND APPROVING ASSOCIATED AGREEMENTS WITH ONCOR ELECTRIC DELIVERY COMPANY AND AT&T AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, explained the 2008-09 Capital Improvement Program has funds budgeted for improvements within the Farmers Branch Station area. The improvements will consist of reconstructing Bee Street, south of Valley View Lane, reconstructing Pepperwood Street, constructing Charlie Bird Parkway between Pepperwood Street and Bill Moses Parkway, and connecting Bill Moses Parkway to Volume 102, page 104 William Dodson Parkway. The improvements will include new water lines, sanitary sewer lines, storm sewers, and underground conduits for telephone, gas, electricity, and cable television. On July 23, 2009, ten bids were received and opened, with one being incomplete. All remaining bids met specifications. The low bid was received from North Texas Contracting, Inc. in the amount of $1,699,042. The contract time is 240 calendar days. North Texas Contracting, Inc. has submitted adequate qualifications and references and has done similar work for the City in the past. A Discretionary Service Agreement has been negotiated with Oncor Electric Delivery in the amount of $234,441.30 for the installation of the electric lines and appurtenances to serve existing properties and new development. An Agreement for Construction Services has been negotiated with AT&T Texas in the amount of $66,239.51 for the installation of the telephone lines and appurtenances to serve existing properties and new development. A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye", adopted Resolution No. 2009-055 awarding the bid for paving, drainage, and utility improvements within the Farmers Branch Station area to North Texas Contracting, Inc. and approving the agreements with Oncor Electric Delivery Company and AT&T Texas. E.7 CONSIDER REQUEST OF MR. KRZYS POLAK REGARDING THE MOWING EXPENSE FOR HIGH GRASS AT 3036 WINDMILL STREET IN FARMERS BRANCH, CODE ENFORCEMENT CASE NO. 09-03427 AND TAKE APPROPRIATE ACTION. Mr. Krzys "Chris" Polak was not present. E.8 CONSIDER THE REQUEST OF RANDY ACKERMAN, REPRESENTING THE OWNER OF LONDON VILLA APARTMENTS LOCATED AT 2835 VILLA CREEK, IN APPEALING NOTED VIOLATIONS AND THE ASSOCIATED RE-INSPECTION FEE RESULTING FROM THE RECENT INSPECTION OF THE PROPERTY AND TAKE APPROPRIATE ACTION. On July 17th, 2009 the London Villa Apartments units were inspected pursuant to Chapter 26, Article IV of the Code of Ordinances of the City of Farmers Branch. The apartment complex comprises multiple buildings having a total of 112 dwelling units. The inspection report noted 374 interior violations in 109 units and 28 exterior violations for a total of 402 code violations. The total re-inspection fee assessed amounts to $5,720. Mr. Akerman, attorney for the property owner, explained he had filed an appeal to "said violations and re-inspection fee." Section 26-118 of the Code of Ordinances allows the "owner, resident manager or property manager to appeal any decision or order of the building inspector to the city council." Volume 102, page 105 After a lengthy discussion concerning the referenced property, a motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", uphold the decision of the Building Official. E.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:07 P.M. AND THEN CONCLUDED AT 5:33 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. F.I DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline, I-635 and Denton Drive. Mayor O'Hare explained the City Council was updated by Staff on this item. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated no action was necessary on items discussed in the executive session. G.2 ADJOURNMENT. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye", adjourned tl~e City Council meeting of August 11, 2009 at 7:45 p.m. Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 102, page 106