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2004-04-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 19, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Paul Walden Bill Moses Charlie Bird Junie Smith Ben Robinson The following members of Administration were present: City Manager Assistant City Manager City Secretary Assistant to the City Manager City Attorney Finance Director Fire Chief Police Chief Acting Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer Greg Vick Cindee Peters Margaret Somereve John Boyle Charles Cox Kyle King Jimmy Fawcett Kate Lyon Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of April 19, 2004 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps gave the invocation and pledge of allegiance. ~l Volume 93, page 39 I A.2 PRESENTATION OF SERVICE AWARD Mayor Phelps presented a 25-year employee service award to Warren Martin of the Fire Department. Mayor Phelps moved the following item to this portion of the Agenda. E.1 DISCUSS LAND ACQUISITIONS AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; and deliberation regarding economic development negotiations -Texas Government Code Section 551.087. Mayor Phelps called for necessary action on the executive item. A motion by all Councilmembers, a second by all Councilmembers, all voting "aye," approved Resolution No. 2004-051 authorizing the City Manager to execute a development services agreement between the City of Farmers Branch and Farmers Branch City Center, LP, a Texas Limited Partnership. I A.3 PRESENTATION OF BOARD APPLICATIONS. There were no board applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the 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 and action taken 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 established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Walden, seconded by Deputy Mayor Pro Tern Moses, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 5, 2004. Volume 93, page 40 B.2 ADOPTED RESOLUTION NO. 2004-045 APPROVING AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH CARTER AND BURGESS, INC. RELATIVE TO SUMP AND LAKE IMPROVEMENTS NORTH OF I-635 TO INCLUDE THE CONCEPTUAL DESIGN OF ENHANCEMENTS AND AMENITIES FOR THE LAKE AND SUMPS. B.3 ADOPTED RESOLUTION NO. 2004-042 ACCEPTING A GRANT OF DIRECT AID FROM THE STATE OF TEXAS TO THE MANSKE LIBRARY IN THE AMOUNT OF $9,640. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline, discussed traffic counts around the station area. Kathleen Matsumura, 3839 Clubway Lane, expressed her concerns about the east side of Farmers Branch and stated that the City should look at the east side retail uses. She also stated the City needs to prepare for the future and have a vision for the 21St century, suggesting a Forward Farmers Branch program as was done in the past rather than a survey with the Farmers Branch Chamber of Commerce. D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-043 AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 5 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 currently contracts with Trinity Waste for the operation of the Camelot landfill that is located in the City of Lewisville. In January 2003 Council approved a request from Trinity Waste for an addendum to the contract to allow the acceptance of special waste from the North Texas Turnpike Authority. Special waste is defined by the Texas Commission on Environmental Quality (TCEQ) as any solid waste that requires special handling and disposal to protect the 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. In 2003, a total of 34,766 cubic yards of waste was collected from the North Texas Turnpike Authority generating $30,003.06 in landfill revenue. Trinity Waste has requested to expand acceptance of special waste from sources other than Farmers Branch locations and the North Texas Turnpike Authority. City staff has evaluated the special waste acceptance process and has determined Volume 93, page 41 that an additional contract addendum be proposed allowing acceptance of special waste from sources other than North Texas Turnpike Authority until December 15, 2004. The City will evaluate the special waste acceptance process after December 15, 2004 to determine if any additional contract addendum should be proposed. The proposed Addendum No. 5 retains all previously agreed guidelines and procedures for the City to accept or deny special waste on a case-by-case basis. The royalty fee for special waste will be slightly higher than the existing royalty fee for non-special waste. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2004-043 amending the contract with Trinity Waste regarding special waste acceptance terms. D.2 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION. Mayor Phelps stated appointments to the School-Community Relations Committee would be brought back to the May 3, 2004 City Council meeting. A motion by Mayor Pro Tem Walden, seconded by Councilman Bird, all voting "aye, appointed Wendy McAninch to the School-Community Relations Committee, with appropriate letter. A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," reappointed Mark Saiter, Tim O'Hare, Charles Beck and Jim Barrett to the Planning and Zoning Commission. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. DA PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith stated on April 12th she attended the Planning and Zoning Commission meeting at which Lucilo Pena of Billingsley Development Company presented "Designing the Void". Mayor Phelps reported on April 7th at 7:30 a.m. he attended Branch Out. At 12 noon City Manager Linda Groomer, Assistant City Manager Mary Jane Stevenson and he attended a Press Conference in Dallas regarding the Governor's tax relief. At 2 p.m. City Manager Linda Groomer, Director of Economic Development Norma Nichols, Fred Ferguson from the Farmers Branch Chamber, and he met Volume 93, page 42 with Valwood Improvement Authority Director Pat Canuteson and representatives from the Metrocrest Chamber regarding the Triple Freeport for the Valwood Improvement District. At 7 p.m. he spoke with a group of 30-35 boy scouts regarding their citizenship badge. On April 10th he met with a Farmers Branch resident who is an architect major at Texas Tech and is completing his thesis on DART. On April 12th he met with Information Services Director Hong Sae for training on the new laptop computer. On April 13th City Manager Linda Groomer and he attended the Metroplex Mayors Meeting. At 4 p.m. he attended the Fire Department's Promotional Ceremony. On April 14th at 7:30 a.m. he attended Branch Out and at 11:45 a.m. he had lunch at Town North Bank honoring the Mayor's Scholarship recipients. On April 15th he attended the Farmers Branch Chamber Board meeting, following which he spoke at the State of the City Chamber dinner. On April 16th he attended the memorial for Betty Harris at the Historical Park. On April 17th he stopped by the Police Department's auto show benefiting Special Olympics. 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 6:45 P.M. AND THEN CONCLUDED AT 7:15 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 ACQUISITIONS AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; and deliberation regarding economic development negotiations -Texas Government Code Section 551.087. Mayor Phelps stated Staff was present to discuss this item with the City Council. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Walden, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of April , 2004 at 8:05 p.m. Bob Phelps, Ma r Cindee Peters, City Secretary Volume 93, page 43