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2005-01-10 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 10, 2005 7:30 P.M. The following members of the administration were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Charlie Bird Junie Smith Ben Robinson Paul Walden The following members of the City Council were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney John Boyle Director of Finance Charles Cox Director of Community Services Michael Spicer Fire Chief Kyle King Police Chief Jim Fawcett Library Director Danita Barber City Engineer Jerry Murawski Director of Communications Tom Bryson Director of Public Works Mark Pavageaux Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of January 10, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Moses gave the invocation and led the pledge of allegiance. Volume 94, page 83 A.2 RECOGNITION OF THE FARMERS BRANCH PARKS AND RECREATION DEPARTMENT FOR RECEIVING THE EXCELLENCE IN PROGRAMMING AWARD FROM REGION 2 AND 3 OF THE TEXAS RECREATION AND PARKS SOCIETY. Mayor Phelps presented the following information. On November 19, 2004, Region 2 and 3 of the Texas Recreation and Parks Society, or TRAPS, presented the Farmers Branch Parks and Recreation Department with its Excellence in Programming award. The award was presented to the Department for its planning and implementation of an end-of-the-season carnival for the City's Summer Funshine Program. The annual award is presented to a city that is responsible for an outstanding recreation program that is innovative and ongoing. The end-of-the-season carnival is annually held on the last day of the Summer Funshine Program. It consists of games, activities, food, and prize drawings. As has been done in the past, proceeds from the carnival went to a charity. In 2004, over $3,400 was donated to Nat Little, a R.L. Turner High School student, who was paralyzed in a 2004 spring football game. Maria Dunigan is the Recreation Programmer primarily responsible for the carnival. Maria is an enthusiastic, committed employee who represents the best the field of municipal parks and recreation has to offer. Mayor Phelps and Parks and Recreation Board Vice Chair Jaye Goodson, representing TRAPS, presented the award to the City and to Maria Dungan. A.3 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year employee service award to Abel Isidro of the Equipment Services Department. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Traci Jones of the Engineering Department. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Texx Stewart of the Parks and Recreation Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 94, page 84 A.7 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. 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 Tern Moses, seconded by Councilman Robinson, all voting "aye," added items D.3 and D.4 to the Consent Agenda and approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETINGS OF DECEMBER 6, 2004 AND DECEMBER 20, 2004. B.2 ADOPTED RESOLUTION NO. 2001-011 AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH CAROLYN C. CHANEY & ASSOCIATES, INC. TO PROVIDE FEDERAL LOBBYING AND INFORMATION SERVICES. B.3 ADOPTED RESOLUTION NO. 2005-003 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS AT VARIOUS LOCATIONS TO SILVER CREEK CONSTRUCTION. D.3 ADOPTED ORDINANCE NO. 2801 AMENDING THE CODE OF ORDINANCES RELATIVE TO THE DOUBLING AND TRIPLING OF FINES FOR REPEAT OFFENSES WITHIN A TWENTY-FOUR MONTH PERIOD. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH BY ADDING SECTION 1-14 (C) TO CHAPTER 1 OF THE CODE OF ORDINANCES, WHEREIN ESTABLISHING A DOUBLING AND TRIPLING OF THE MINIMUM ESTABLISHED FINES FOR CONVICTIONS OF THE SAME OFFENSE IN A PRESCRIBED TIME FRAME. Volume 94, page 85 DA ADOPTED RESOLUTION NO. 2005-001 REJECTING A BID FOR THE SHELTERS FOR 800 MHZ PUBLIC SAFETY RADIO PROJECT UPGRADE. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, expressed concerns about the foot crossing at Rawhide and Josey Lane. City Manager Linda Groomer suggested to Mr. Wells that he speak with Traffic Engineer Dave Davis and Public Works Director Mark Pavageaux. John Oechsner, 3509 Brookline, projected attendance at the Cowboys stadium and compared it with traffic in Farmers Branch. C.2 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 2800 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF APPROXIMATELY 143.7 ACRES OF PROPERTY FROM PLANNED DEVELOPMENT 70 TO PLANNED DEVELOPMENT 86: FORM BASED CODE - STATION AREA, FOR THE AREA GENERALLY BOUNDED ON THE NORTH BY HAVENHURST STREET, ON THE EAST BY THE PEPPER HILL ADDITION AND RAWHIDE CREEK, ON THE SOUTH BY A PORTION OF FARMERS BRANCH LANE, AND ON THE WEST BY INTERSTATE 35E AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In July 2002, following extensive public input through public meetings and workshops, City Council adopted the Farmers Branch Station Area Conceptual Master Plan. The Station Area Conceptual Master Plan articulates the community's vision for a mixed-use, urban neighborhood that blends retail, restaurants, offices and housing in an environment of attractive, walkable public spaces. New development guidelines and changes to the existing zoning are identified in the Station Area Conceptual Master Plan as two key steps that must be taken in order to implement the plan and achieve the vision. The proposed form-based code for the Station Area accomplishes both of these steps. The proposed form-based code to be established with the adoption of Ordinance No. 2800 will replace the existing zoning as a land development regulatory tool. The form-based code fundamentally differs from the existing zoning by shifting the primary focus from controlling use to controlling the physical form of the built environment. The proposed form-based code provides graphic prescriptions for how a building is to be placed on a site, its height, and the arrangement of the building's key elements, such as windows and doors. This approach influences the character of the public street space that is created as development occurs with the end goal of Volume 94, page 86 producing a specific type of place. Land-use is still controlled but in a manner that can better respond to market economics, while also prohibiting undesirable uses. As permitted under existing zoning, existing single-family residences will continue to exist as legal uses. Existing uses and structures that are not in compliance with the proposed code can continue to operate as non-conforming uses and structures, also as present zoning allows. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning. Staff has prepared a draft copy of the proposed Ordinance 2800. Although the City Council is holding a public hearing at this time, no action on this item was scheduled to be taken by the City Council at this meeting. Staff is exploring alternative height requirements and parking configurations. Once staff has completed its additional evaluation of these components of the proposed code, the item will be brought back for City Council action. Should there be any substantive change to the document, at least one additional public hearing will be held. The proposed code could also be sent back to the Planning and Zoning Commission for additional consideration prior to Council taking action should changes to the document necessitate such action. Mayor Phelps opened the public hearing. John Sandstrum, business address 13231 Bee Street, stated he is in favor of the zoning change. He congratulated the planning division staff, especially Kaizer Rangwala, for helping him with his concerns pertaining to the future Vintage Street extension. A motion by Deputy Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Mayor Phelps stated that the final ordinance would be brought back to the Council for action in approximately 30 to 45 days. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2805 APPROVING THE REQUEST BY METROPOLITAN DEVELOPMENT, LLC TO AMEND THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT STANDARDS INCLUDING THE EXISTING CONCEPT PLAN, APPROXIMATELY 153 ACRES LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AT ALPHA ROAD AND TAKE APPROPRIATE ACTION. Volume 94, page 87 Mayor Phelps presented the following information. Planned Development 64 zoning district encompasses approximately 153 acres. A portion of it is developed with residential and retail uses along Spring Valley Road and Midway Road. A private school is located near the center of the district. The Planned Development 64 zoning ordinance includes a concept plan, which identifies four parcels, one of which is Parcel C and is the undeveloped property located at the northwest corner of Midway Road and Alpha Road. Residential uses are presently allowed subject to approval of a specific use permit on the remaining three parcels within the zoning district. The applicant seeks to amend PD-64 with an amended concept plan to allow for residential uses on the southern portion of Parcel C, approximately 11.49 acres; thereby allowing the applicant to file subsequent specific use permits for residential uses. The detailed merits of residential uses will be evaluated at such time when specific use permit applications are submitted to the City for consideration. There is a companion agenda item for approval of a conceptual site plan, which is a more detailed drawing than the concept plan. The purpose of the conceptual site plan is to encourage land planning prior to property being subdivided or developed. Approval of the requested zoning amendment is necessary in order for residential uses to be considered on the companion conceptual site plan, as well as for subsequent specific use permit applications. The Planning and Zoning Commission unanimously recommends approval of the proposed zoning request. Mayor Phelps opened the public hearing. Eric Laub, 4000 Parkside Center Blvd, stated he was present with his business partner Allan Zidell. Mr. Laub stated Plan Development 64 should remain true to the vision that was recommended seven years ago for a shopping center/office building and not be broken up into individual pad sites, which cannot be reversed. Bill Whitworth, 4107 Cat Mountain Drive, Austin, stated he is an apartment developer. He gave a review of his company's long-term interest in this project. His proposed plan is for a four-story luxury apartment complex with parking garage, several restaurants and high-end townhome development. Mr. Whitworth also commented that the planning division was very helpful with the project. Allan Zidell, 5421 Alpha Road, stated he would like to see a first class development into the gateway of Farmers Branch. He stated he would like to see this proposal go back to the Planning and Zoning Commission for further study on the green space, density and building permit and also cautioned against granting pad site development. Volume 94, page 88 A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," closed the public hearing. Councilwoman Smith stated she has a particular interest in this development, as she lives in the area, and asked Kaizer Rangwala to respond to issues raised by Mr. Zidell. Kaizer Rangwala, Director of Planning, stated he spoke with Mr. Zidell about the proposed zoning amendment and that the current zoning allows restaurants, which would require site plan approval for development. He stated Mr. Whitworth anticipates upscale restaurants to be developed on this site. Deputy Mayor Pro Tem Bird asked Mr. Rangwala to explain the green spaces. Mr. Rangwala deferred to the case planner Tina Firgens, Senior Planner. City Manager Linda Groomer reiterated that this case is to add residential use options that already exist in the balance of the property to only this one portion of the property. The development would have to come back for site plan approval. Ms. Firgens summarized the green space areas being provided throughout the development. Deputy Mayor Pro Tem Bird asked about building setbacks and building placement. Ms. Firgens discussed the placement of the proposed multi-family building and building setback requirement. Plan Development 64 allows flexibility pertaining to building setback requirements during site plan review process. Deputy Mayor Pro Tern Bird asked if the final approval is from the City Council. Ms. Firgens replied that residential uses require approval of a specific use permit including the site plan drawings. Discussion occurred between the City Council and staff regarding the proposed development plan including: • whether sufficient parking is being provided for the development, how the parking complies with zoning requirements and additional on street parking being provided internal to the development; • sidewalks along Alpha road; • whether the proposed development plan is the best use for the land; • fencing design being proposed throughout the development; • building materials including minimum masonry requirements; • service areas located internal to the retail development so as to be sensitive to not orient service/loading areas towards residents within the multi- family development; • drainage and the proposed retention/detention ponds being proposed, and • landscaping and irrigation Councilmember Moses asked a specific question of the City Engineer regarding the planned development and its impact on drainage issues. Volume 94, page 89 City Engineer Jerry Murawski reported that the proposed development would not have an adverse effect on properties along Farmers Branch Creek downstream of the proposed development for two reasons. First, the proposed development will include storm water detention facilities so that the runoff rate of storm water from the development will not exceed the runoff rate of storm water from the land in it present undeveloped condition. Second, the 1999 erosion and sedimentation study performed by Nathan D. Maier Consulting Engineers identified that the primary cause of erosion and sedimentation problems along the creek was a combination of creek topography and type of soil along the creek banks. The channel slope is relative steep with an elevation difference between Marsh Lane and IH635. The steep slope causes the water to travel fast down the creek and the type of soil erodes easily. The result is erosion and sedimentation along the creek. The proposed development will not increase the velocity of water as it flows down the creek. There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2805 approving the proposed zoning request. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED BY AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 64 (PD-64) INCLUDING AMENDING THE CONCEPT PLAN FOR AN APPROXIMATELY 153.161 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD; AMENDING AND REPLACING ORDINANCE 2594 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 CONSIDER ADOPTING RESOLUTION 2005-013 APPROVING THE REQUEST BY METROPOLITAN DEVELOPMENT, LLC FOR A CONCEPTUAL SITE PLAN FOR 29.7 ACRES LOCATED GENERALLY AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD WITHIN PLANNED DEVELOPMENT NO. 64 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of a conceptual site plan for a townhome, multi-family and retail development. Volume 94, page 90 The proposed gated townhome development consists of 192 lots and is proposed at the northwest corner of Sigma Road and Alpha Road. The applicant is proposing a combination of 20-foot wide and 28-foot wide lots accommodating two different product types, ranging from two to four stories in height. The internal roadway system shall consist of privately maintained fire lane and access roadways. The lots within the townhome development shall be for sale products. The multi-family development consists of 368 units, four stories tall, and is proposed at the northeast corner of Sigma Road and Alpha Road. Structured parking is proposed on the interior of the development with the residential units surrounding the parking structure. These units shall be a for rent product. The applicant is planning for three separate retail buildings at the northwest corner of Midway Road and Alpha Road, comprising a total of approximately 22,600 square feet. Approval of a conceptual site plan is required within Planned Development 64 zoning district prior to development and subdivision of property. The purpose of the conceptual site plan is to encourage orderly land planning and to demonstrate that the proposed lots can be developed in accordance with the existing zoning regulations. Approval of the companion agenda item for amending the Planned Development 64 zoning district is required in order for the proposed conceptual site plan to be considered. The Planning and Zoning Commission unanimously recommends approval of the proposed conceptual site plan. Bill Whitworth, 4107 Cat Mountain Drive, Austin, thanked the planning staff for stepping forward and explaining some of the items pertaining to the proposed plan, which have been discussed in the past six months. He outlined the use of the fire lane, which will be similar to a boulevard or lane that they are creating as "the heart of the pedestrian scene," and that this would be an urban scene. Councilwoman Smith raised a question concerning the acoustics planned for the development. Mr. Whitworth explained there would be firewalls, and with this type of tenant you cannot have these types of complaints. There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," to adopt Resolution No. 2005-013 approving the proposed conceptual site plan. C.5 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NUMBER 2804 FOR A SPECIFIC USE PERMIT-INTERIM USE FOR T-MOBILE USA FOR A TELECOMMUNICATIONS ANTENNA SYSTEM, LOCATED ALONG THE Volume 94, page 91 NORTHERN BOUNDARY IN FARMERS BRANCH PARK AT 13985 DENNIS LANE, WITHIN PLANNED DEVELOPMENT NO. 3, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting a 10-year specific use permit-interim use to end on January 17, 2015 for a 90-foot tall monopole tower with a 3-panel cellular antenna system at its top and associated equipment at its base. The proposed installation will accommodate collocation of three additional antenna systems on the monopole if approved by future specific use permits. The proposal includes planting 25 Pond Cypress street trees in the sidewalk green strip along Dennis Lane, the park's southeastern boundary, for streetscape enhancement and screening of the antenna. There is already irrigation maintained by the City along Dennis Lane, and the applicant will warranty the trees for one year after City acceptance. According to the City's Traffic Engineer, the trees will have no impact on traffic along Dennis Lane. The proposed antenna system complies with all Planned Development-3 zoning standards, and the criteria for approval of a specific use permit-interim use. The Planning and Zoning Commission by a 5 to 1 vote recommends approval of the requested 10-year specific use permit-interim use to end on January 17, 2015, and the associated site plan, with the following condition. 1. T-Mobile USA, or subsequent owner of the antenna system, shall remove the monopole, the wireless communications antennas, and all appurtenances within ninety (90) days subsequent to such time that the antennas become obsolete and/or the use is abandoned or the specific use permit-interim use expires, whichever occurs first. Mayor Phelps opened the public hearing. A motion by Councilman Robinson, seconded by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. Councilman Bird asked if the Pond Cypress trees would create a big problem. Parks and Recreation Director Jeff Fuller replied Pond Cypress will go dormant, and he explained that the Bald Cypress is the more troublesome tree. They are in the same family as Pond Cypress trees and are similar to the trees planted on Tom Field Road. Deputy Mayor Pro Tem Bird asked Mr. Fuller if he recommended these trees. Mr. Fuller replied he would recommend these trees. There being no further discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted the following Volume 94, page 92 captioned Ordinance No. 2804 approving the proposed 10-year specific use permit-interim use and associated site plan. 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-INTERIM USE FOR A PERIOD OF TEN YEARS, BEGINNING JANUARY 17, 2005, AND ENDING JANUARY 17, 2015, TO ALLOW 3 CELLULAR ANTENNA PANELS TO BE MOUNTED ON A 90-FOOT TALL TELECOMMUNICATIONS MONOPOLE AT 13985 DENNIS LANE, GENERALLY LOCATED ON THE WEST SIDE OF DENNIS LANE APPROXIMATELY MIDWAY ALONG THE NORTHERN BOUNDARY OF FARMERS BRANCH PARK AND WITHIN THE PLANNED DEVELOPMENT NUMBER 3 (PD-3) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-007 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VOICESTREAM GSM I OPERATING COMPANY, LLC KNOWN AS T- MOBILE USA FOR CERTAIN PROPERTY LOCATED AT 13985 DENNIS LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. VoiceStream GSM I Operating Company, LLC known as T-Mobile USA has requested to lease space at Farmers Branch Park, 13985 Dennis Lane for a 90 foot monopole with a three panel, flush-mounted cellular antenna system. The specific use permit is a companion item on this agenda. The monopole will be located in an area of the park that is outside of the walking track next to the north fence line. The area is not used for park activities but for the storage of soccer goals and park equipment. The monopole will not interfere with park activities or the walking track. A lease was negotiated and agreed upon between T-Mobile and the City of Farmers Branch. The lease is for five years with one optional additional five-year renewal period for $2,750 per month, or $33,000 per year, with a 20% increase upon renewal of the lease. The City has approved six other leases with wireless companies including Cingular, AT&T Wireless, Nextel and T-Mobile for the water towers at Valley View and Marsh and Marsh and Belt Line. Volume 94, page 93 There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2005-007 authorizing the City Manager to execute the lease agreement with VoiceStream GSM I Operating Company LLC. D.2 CONSIDER ADOPTING ORDINANCE NO. 2806, WHICH AMENDS SECTION 3-38 SUBSECTION (8) OF THE ORIGINAL CODE OF ORDINANCES BY EXPANDING THE TIME FRAME CHRISTMAS DECORATIONS AND DISPLAYS MAY BE DISPLAYED AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The current sign regulations for the City of Farmers Branch allow the display of Christmas decorations from the fourth Monday in November through the first Monday in January. This time frame can create situations where Christmas decorations may not be put in place until after Thanksgiving and removed as early as January 1 in some years. Additionally, there are religious traditions that continue through the first or second week of January. In light of these considerations, code enforcement staff does not typically send notices regarding Christmas displays until the first week of February, and a series of notices are generally given before further action is taken. Staff recommends that the ordinance be amended to reflect the enforcement standards by expanding the time frame to allow the display of Christmas decorations from November 1 through January 31. This change allows for a display period of ninety days, which is also consistent with the recommended UL safety period for typical display lighting. Proposed Ordinance No. 2806 amends Section 3-38 of the original Code of Ordinances, changing the time frame from the fourth Monday in November to November 1 and the first Monday in January to January 31. John Wells, 13521 Heartside Place, recommended the lights be allowed to remain in place at least twelve days after Christmas. Councilman Robinson asked about the November 1 date. City Manager Linda Groomer explained this provision was included to address concerns from residents who start installing their lights in early November. There being no further discussion, a motion by Councilman Walden, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2806. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 3-38, SUBSECTION (8) OF THE ORIGINAL Volume 94, page 94 CODE OF ORDINANCES BY CHANGING THE TIME FRAME FOR THE DISPLAY OF TEMPORARY CHRISTMAS DECORATIONS. D.3 CONSENT. DA CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 2005-010 AWARDING THE BID FOR THE LANDFILL GAS FLARE FACILITY EQUIPMENT PURCHASE AND INSTALLATION AT CAMELOT LANDFILL TO WESTMAR, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As discussed with Council on April 4, 2004, the City will be installing a methane gas collection and control system at Camelot Landfill. The landfill site development plan includes installation of this system, and funds for the system are currently available in the landfill closure/postclosure fund. To minimize cost and expedite installation, the project was divided into two bids, the flare facility equipment and the collection piping system. The flare facility equipment will be assembled off site and delivered on a skid as a unit similar to an air conditioning unit. Three bids for the gas flare facility equipment were received and opened on December 2, 2004. The low bid meeting specifications was received from Westmar, Inc. in the amount of $206,498. The construction time is specified to be 120 days. The City's consulting firm for this project, Weaver Boos Consulting, LLC-Southwest has reviewed Westmar, Inc.'s qualifications, and recommends them for this project Staff recommends that Westmar, Inc. be awarded the landfill gas flare facility equipment purchase and installation at Camelot Landfill in the amount of $206,498. Mayor Phelps asked if this bid included both flare and piping. City Manager Linda Groomer replied it is just for the flare portion. The total budget for this item is approximately $1,000,000 and the bids for this item were lower than estimated. Mayor Phelps asked if the piping goes throughout the whole landfill. Director of Public Works Mark Pavageaux replied that the piping is designated to go throughout the landfill, which is approximately 300 acres. However, the piping will be installed in areas close to the completed phase and the system has been designed where it can be expanded and added, as the landfill is filled. Mayor Phelps asked when the piping contract would be brought to Council. Mr. Volume 94, page 95 Pavageaux stated hopefully at the next City Council meeting if all information was received and in order. Councilman Walden asked if this was for burning methane gas. Mr. Pavageaux replied yes. Councilman Walden asked if this was consistent with environmental regulations and best practices. Mr. Pavageaux replied it was reviewed and approved by the Texas Commission on Environmental Quality. There being no further discussion, a motion by Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-010 awarding the bid for the landfill gas flare facility equipment purchase and installation at Camelot Landfill to Westmar, Inc. in the amount of $206,498. D.6 CONSIDER ADOPTING RESOLUTION NO. 2005-005 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO SMURFIT-STONE CONTAINER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of the annual supply of paper refuse sacks were mailed to six vendors. Two bids were received and opened on December 13, 2004. Smurfit-Stone Container submitted the low bid of $0.275 cents per sack, which met specifications for one- ply recycled and one-ply natural paper. The alternate bid item was for a sack constructed with two plies of 100% natural paper. The low bid for the alternate item was submitted by Smurfit-Stone Container for $0.29 cents per sack. Smurfit- Stone Container has been the low bidder and awarded the bid for the refuse bags since fiscal year 1997-1998 and has provided a good product. Last year's bid was $0.245 cents per sack for one-ply recycled and one-ply natural paper and $0.24 cents per sack for two plies of 100% natural paper, making this year's bid 17% higher than the 2004 bid, or an increase of $23,149.50 for the same number of sacks. Staff recommends that Smurfit-Stone Container be awarded the refuse sack bid for two-ply sacks made of one-ply recycled paper and one-ply natural paper. This contract will be for a one-year period. Using recycled paper helps conserve natural resources and prolongs the life of the landfill by reducing the amount of waste being buried. The bid document estimated the City would purchase 771,650 sacks. Awarding the bid with a provision "not to exceed" the budgeted amount of $220,500 authorizes staff to purchase about 30,000 additional bags, if needed. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2005-005 awarding the bid for one-ply recycled paper and one-ply natural paper refuse Volume 94, page 96 sacks to Smurfit-Stone Container for a unit price of $0.275 per sack in the amount not to exceed $220,500. D.7 CONSIDER ADOPTING RESOLUTION NO. 2005-009 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 2004-2005 annual supply of ready-mix concrete to be used by Public Works and Parks and Recreation were mailed to four vendors. Two bids were received and opened on December 13, 2004. Both bids met specifications. Because the quality of the concrete when it arrives at the job is very dependent on how long the concrete is on the truck, the request for bids required that the distance of the bidder's concrete plant from Farmers Branch City Hall would be a factor in the award of the bid. Also, the shorter the time between loads is, the stronger the finished repair will be, as the concrete does not have time to begin setting between loads. The lowest bid received was from Redi-Mix, Inc. in the amount of $111,700. The other bid received was from Beall Concrete in the amount of $115,800. The Redi-Mix plant is almost three times farther from Farmers Branch than the Beall plant. When the cost of operating the City's concrete truck and the driver's pay rate are added to the cost of the concrete, the average cost per load of obtaining concrete from Beall Concrete is $566.07, and $567.54 from Redi-Mix Inc. Funds in the amount of $95,000 are available in the Public Works budget and $10,000 is available in the Parks and Recreation budget for this purchase. Bids were based on estimated quantities and payments are made on a unit price basis. There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2005-009 awarding the bid for the annual supply of ready-mix concrete to Beall Concrete with total payment not to exceed $105,000. D.8 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be brought back to the January 24, 2005 City Council meeting. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Volume 94, page 97 D.10 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated the City has had a great holiday season in the City of Farmers Branch and on behalf of the Council, staff and City of Farmers Branch he would like to wish everyone a happy, healthy, and properous new year. Councilwoman Smith announced she attended the Community Health Fair that was held at the Farmers Branch Recreation Center on Saturday, January 8th and stated it was well attended and everyone enjoyed themselves. Mayor Phelps announced the Parade of Home Furnishings Event of the newly formed North Dallas Design District on the City's east side will begin on January 13th with a kickoff celebration through Janaury 17th. He encouraged everyone to attend. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. AND THEN CONCLUDED AT 7:17 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 AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land acquisition of property located in the Farmers Branch DART Station Area. 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. Mayor Phelps stated that staff was present to discuss these items with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive items. Volume 94, page 98 A motion by Councilwoman Smith, a second by Councilman Bird, all voting "aye," adopted Resolution No. 2005-015 executing an amendment to the development services agreement between the City and Farmers Branch City Center, LP. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Councilwoman Smith, all voting "aye," adjourned the City Council meeting of January 10, 2005 at 9:21 p.m. b Phelps, or " Cindee Peters, City Secretary 1 Volume 94, page 99