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2004-05-25 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, May 25, 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 Assistant City Manager City Secretary Assistant to the City Manager City Attorney Finance Director Director of Economic Development 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 Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Boyle Charles Cox Norma Nichols 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 May 25, 2004 to order at 7:31 p.m. The meeting was televised. A.l INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Walden gave the invocation and led the pledge of allegiance. Volume 93, page 51 A.2 PRESENTATION OF AN APPRECIATION AWARD FOR THE TOURNAMENT OF CHAMPIONS SOFTBALL TOURNAMENT TO THE CITY OF FARMERS BRANCH PARKS AND RECREATION DEPARTMENT. Tournament Director Renee Putter presented a plaque to the City of Farmers Branch and staff members of the Parks and Recreation Department for helping make the tournament a success. A.3 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps announced Helen Bridgforth as the 2004 Woman of the Year for the City of Farmers Branch. Mayor Phelps presented Ms. Byrd with a bouquet of flowers as she was congratulated by the City Council. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 5-year employee service award to Linda Dietert of the Manske Library. A.5 CANVASS THE ELECTION RETURNS OF MAY 15, 2004 CITY COUNCIL ELECTION. Mayor Phelps presented the following information. It appearing that Charlie Bird received a majority of the votes cast for the office of Councilperson, Place 1, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2007, and until a successor shall have been elected and shall have qualified. It appearing that Bill Moses received a majority of the votes cast for the office of Councilperson, Place 4, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2007, and until a successor shall have been elected and shall have qualified. Mayor Phelps administered the oath of office to Charlie Bird to serve the office of Councilmember, Place 1. Mayor Phelps administered the oath of office to Bill Moses to serve the office of Councilmember, Place 4. Mayor Phelps presented a Certificate of Election to Councilman Bird. Mayor Phelps presented a Certificate of Election to Councilman Moses. Mayor Phelps stated Farmers Branch had an election on Saturday, May 15, 2004, and Place 1 and Place 4 were up for reelection. He stated the results were as Volume 93, page 52 follows: In place 1, Charlie Bird received 657 votes, and Vicki Goode received 330 votes. In place 4, Bill Moses received 739 votes. A motion by Councilman Robinson, seconded by Councilwoman Smith, with all voting "aye", adopted Resolution No. 2004-058 certifying the results of the May 15, 2004 City Council Election. Mayor Phelps announced a 10-minute recess until 8:15 p.m. A.6 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Mayor Pro Tem Walden, a second by Councilwoman Smith, all voting "aye", elected Councilman Bill Moses to serve as Mayor Pro Tem, and Councilman Charlie Bird to serve as Deputy Mayor Pro Tem. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no board applications presented. A.8 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. Mayor Phelps moved the following item to this portion of the Agenda. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:25 P.M. AND THEN CONCLUDED AT 7:16 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 -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. Mayor Phelps stated that staff was present to discuss this item with the City Council. E.2 DISCUSS SECURITY OF THE FARMERS BRANCH WATER SYSTEM - TEXAS GOVERNMENT CODE 551.076. Volume 93, page 53 Mayor Phelps stated that staff was present to discuss this item with the City Council. E.3 DISCUSS AND DELIBERATE ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086 Discuss and deliberate economic development incentives for a business prospect that the City seeks to have locate in the City, and with which the City is conducting economic development negotiations. Mayor Phelps explained 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 executive items. A motion by Councilman Robinson, a second by Councilman Walden, all voting "aye", approved Resolution No. 2004-029 authorizing the City Manager of Farmers Branch, Texas to execute a tax rebate and development agreement between the City of Farmers Branch and Coca Cola Enterprises, Inc. Mayor Phelps explained that no action was necessary on the remaining executive 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 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 Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted with the addition of agenda item DA. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 3, 2004. B.2 ADOPTED RESOLUTION NO. 2004-055 ACCEPTING A FIVE-FOOT AERIAL EASEMENT FOR STREETLIGHT INSTALLATION, Volume 93, page 54 DEDICATED TO THE CITY BY MRS. BERTA L. COLINDRES AND MRS. MARIA M. COLINDRES OF 2627 GREENHURST DRIVE. B.3 ADOPTED RESOLUTION NO. 2004-056 ACCEPTING A WATER MAIN EASEMENT ON PROPERTY ADDRESSED AS 14050 STEMMONS FREEWAY DONATED TO THE CITY BY CNL INCOME FUND XIV, LTD. FOR THE CONSTRUCTION OF A NEW WATER LINE ALONG THE NORTHBOUND SERVICE ROAD OF II-135E. B.4 ADOPTED RESOLUTION NO. 2004-053 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 14805 MARSH LANE. B.5 ADOPTED RESOLUTION NO. 2004-052 AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH MARK NORTH EROSION CONTROL SYSTEM, LTD. FOR THE SANITARY SEWER PROTECTION ALONG THE BANK OF FARMERS BRANCH CREEK NEAR VERONICA CIRCLE. B.6 ADOPTED RESOLUTION NO. 2004-063 APPROVING CHANGE ORDER NUMBER 1 TO A CONTRACT WITH RYCON, INC FOR THE REPLACEMENT OF THE EXISTING SANITARY SEWER LIFT STATION AT VALWOOD PARKWAY AND IH-35 WITH A GRAVITY FLOW SANITARY SEWER. B.7 ADOPTED RESOLUTION NO. 2004-057 APPROVING THE PURCHASE OF WIRELESS TRAFFIC DATA COMMUNICATION EQUIPMENT. B.8 APPROVED RESOLUTION NO. 2004-061 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRAVELCLICK, INC. DA ADOPTED RESOLUTION NO. 2004-064 AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COOPERATIVE PURCHASING OF VARIOUS EQUIPMENT, MATERIALS AND SERVICES. C.1 CITIZEN PARTICIPATION. There was no citizen participation. Volume 93, page 55 C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2773 APPROVING THE REQUEST FROM THE NORTH CENTRAL TEXAS FARMERS MARKET CORPORATION TO GRANT A SPECIFIC USE PERMIT - INTERIM USE FOR A FARMERS MARKET AT 12731 DENTON DRIVE, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is a 0.82 acre vacant tract of land located approximately 900 feet south of Valley View Lane on the east side of Denton Drive. For the past seven years, the North Central Texas Farmers Market Corporation has leased space from the City of Farmers Branch at 12731 Denton Drive, to operate a farmers market. The North Central Texas Farmers Market Corporation would like to operate the farmers market at this same location again. The proposed farmers market will be a temporary use; no permanent building or other permanent improvements are proposed for construction. The applicant intends to operate the farmers market on each Wednesday and Saturday between the hours of 8:00 a.m. and 5:00 p.m. or until sold out from May 29, 2004 through October 31, 2004. Produce to be sold will be home grown by individual farmers within a 150-mile radius of the Metroplex. The Planning and Zoning Commission unanimously recommends approval of the proposed Specific Use Permit - Interim Use, subject to the following conditions: 1. The farmers market shall operate on Wednesday and Saturday of each week during the hours of 8:00 a.m. until 5:00 p.m. or until sold out. 2. The metal frame awning structure may remain on the site at the location shown on the site plan on the days that the farmers market is not in operation for the period beginning May 29, 2004 through October 31, 2004. 3. The metal frame awning structure, and the awning and sign, shall be removed from the site when the Specific Use Permit-Interim Use expires on October 31, 2004 or when the use of the property is no longer needed, whichever occurs first. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tern Bird, a second by Mayor Pro Tem Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Walden, a second by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2773. Volume 93, page 56 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 BEGINNING ON MAY 29, 2004, AND EXPIRING ON OCTOBER 31, 2004, TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT (PD-70) AT 12731 DENTON DRIVE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2770 APPROVING THE REQUEST BY T-MOBILE USA FOR A SPECIFIC USE PERMIT FOR COLLOCATION OF NINE ADDITIONAL CELLULAR ANTENNA PANELS TO BE MOUNTED ON AN EXISTING 80-FOOT TALL MONOPOLE TOWER LOCATED ON A 1.0-ACRE TRACT AT 14400 JOSEY LANE, AT THE NORTHEAST CORNER OF JOSEY LANE AND HOLLANDALE LANE, WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is improved with an existing 80-foot tall monopole tower that currently supports a triangular array of 9 antenna panels for Verizon. The application proposes installation of an additional triangular array with 9 antenna panels to be located on the existing tower at a height of 61 feet. A steel equipment platform with 3 all-weather cabinets will be added at the base of the tower and the equipment enclosure-area fence will be modified accordingly. The proposed antenna system complies with all Local Retail-2 zoning standards. The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit and the associated site plan with the following conditions. All missing landscaping elements shown on the landscape plan previously approved with Specific Use Permit Number 244, Ordinance 2311, shall be replaced before a building permit for the proposed antenna installation may be issued. 2. The owner(s) of the existing monopole and the antenna system(s) mounted on the monopole shall remove their respective antenna system(s) and all appurtenances including the monopole and any associated equipment buildings or cabinets within ninety (90) days subsequent to such time that Volume 93, page 57 the antennas and/or monopole become obsolete and/or the use is abandoned. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tem Moses, a seconded by Deputy Mayor Pro Tern Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, a second by Councilwoman Smith all voting "aye," adopted the following captioned Ordinance No. 2770 approving the proposed specific use permit, including the 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 TO ALLOW COLLOCATION OF NINE ADDITIONAL CELLULAR ANTENNA PANELS TO BE MOUNTED ON AN EXISTING 80-FOOT TALL MONOPOLE TOWER LOCATED ON A 1.0-ACRE TRACT AT 14400 JOSEY LANE, WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.4 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2771 APPROVING THE REQUEST FROM THE CITY OF FARMERS BRANCH TO AMEND THE STREET PLAN MAP AND RELATED ORDINANCE TEXT WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT TO DELETE THE REFERENCE TO THE HIGH OCCUPANCY VEHICLE ROADWAY REQUIREMENT THROUGH A TRACT LOCATED AT 12700 STEMMONS FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Planned Development Number 70 zoning district includes a Street Plan Map, which is intended to serve as a complement to the City's Master Thoroughfare Plan. Included on the Street Plan Map is a future high occupancy vehicle, or HOV, roadway generally located between Denton Drive and IH35E, south of Carrick Street, through the Dr Pepper StarCenter and Conference Center site. The proposed application seeks to amend the PD-70 Street Plan Map and related ordinance text to delete the HOV roadway shown on the Street Plan Map. When the PD-70 zoning district was originally created during 1994, it was anticipated at that time that a future access ramp would be needed to provide access from the Volume 93, page 58 DART transit center to future permanent HOV lanes located within the center of IH35E. Since the creation of PD-70, the design for the IH35E/IH635 interchange has now located the HOV access under IH35E at the Harry Hines Boulevard crossing. Therefore, the HOV roadway shown on the Street Plan Map is no longer needed. The Master Thoroughfare Plan was amended on April 5, 2004 by the City Council to remove the HOV roadway. The proposed zoning amendment is consistent with the recent Master Thoroughfare Plan amendment. The Planning and Zoning Commission unanimously recommends approval of the proposed zoning amendment. Mayor Phelps opened the public hearing. A motion by Councilman Smith, a second by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, a second by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2771 approving the zoning amendment. 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 STREET PLAN MAP AND RELATED ORDINANCE TEXT WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT, AS AMENDED TO DELETE THE REFERENCE TO THE HIGH OCCUPANCY VEHICLE ROADWAY REQUIREMENT; AMENDING ORDINANCE 2111, AS AMENDED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $108,802 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2004. Projects that are eligible for community development block grants are those projects that Volume 93, page 59 promote low-income home ownership, improve or maintain existing low-to- moderate income neighborhoods or eliminate community-threatening conditions. .W In the past, the City of Farmers Branch has used a significant portion of its grants to fund the HOME program. The HOME program gives qualified low-to- moderate residents a forgivable loan up to $25,000 for home repairs. Since 1994 the City has received $426,082 through this program, which was used to repair over twenty homes. However, due to the Housing and Urban Development Department new regulations on lead-based paint, the County has discontinued the HOME program. The 2002-2003 funding was used for playground replacement at Jaycee Park, and the 2003-2004 funding was used for a pedestrian bridge over Cooks Creek in Jaycee Park. The bridge is currently in the design phase and should be completed before the end of this year. A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the money should be spent. Funding proposals must be submitted to Dallas County by June 25th. A resolution for the City's proposal will be prepared for Council approval at the June 14th meeting. Staff recommends that a public hearing be held for public input on the use of Community Development Block Grants. Mayor Phelps opened the public hearing. Councilman Robinson remarked he has concerns that the funds for home repairs cannot be used in Farmers Branch because the program has been discontinued. He stated he knows the program was discontinued because of the lead based paint but asked if water based paint could be used. Margaret Somereve, Assistant to the City Manager, gave a brief explanation on the costs associated with the removing of lead base paint in homes during a home rehabilitation project. Councilman Walden asked if the sidewalk proposed would be at the Commons at Valwood. Ms. Somereve replied the City proposes to continue the sidewalks at Cooks Creek this year. A motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," closed the public hearing. D.1 CONSIDER ADOPTING ORDINANCE NO. 2574 AMENDING SECTION 66- 42 OF THE CODE OF ORDINANCES RELATING TO THE PLACEMENT OF GARBAGE FOR COLLECTION AND TAKE APPROPRIATE ACTION. Volume 93, page 60 Mayor Phelps presented the following information. Recently the City Council was made aware that the regulations for the placement of garbage at the curb for pick-up by the City did not allow for any deviation, either for timing or for placement. This has created isolated difficulties for the City in providing services to some residents, especially in consideration of physical limitations, disabilities, or sometimes due to an unusual layout of a home along a pickup route. At the May 10, 2004 Study Session, Council directed staff to revise the ordinance to allow deviations to the times or locations trash may be placed at the curb, provided the reasoning was justified and prior approval is obtained. The proposed ordinance requires approval from Public Works before deviating from the current ordinance. Staff would use best judgment on a case-by-case basis. If this ordinance is approved, staff will develop guidelines for its implementation. Given the City's successful past history of working with special garbage collection needs, this ordinance simply creates authority for individual exceptions to the time garbage is allowed to be put at the curb. The individual exception would be based on "special considerations or physical limitations" of the applicant as determined by the Director of Public Works. John Wells, 13521 Heartside Place, expressed his concerns about trash being left out before the designated time, for aesthetic reasons. He stated he would not want to have exceptions made and the current ordinance be enforced. City Manager Linda Groomer stated the City would be working with residents with special physical needs and work with them on alternate locations, such as picking up trash from the side yards. Deputy Mayor Pro Tem Bird stated this item is on the agenda for individuals with special physical needs who are not capable of putting out their trash or yard cuttings. He stated he feels these individuals should be taken into consideration. Deputy Mayor Pro Tem Bird stated the Mayor, City Council and staff are available to residents to hear their complaints and suggestions. There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, a second by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2574 that amends Section 66-42 of the Code of Ordinances and allows for deviations of the times that garbage may be placed for collection. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 66 ARTICLE II, SECTION 66- 42, SUB-SECTION (b) OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH TO ALLOW FOR ALTERNATE COMPLIANCE METHODS FOR THE PLACEMENT OF GARBAGE CONTAINERS FOR COLLECTION WITH PRIOR APPROVAL BY THE CITY. Volume 93, page 61 D.2 CONSIDER ADOPTING ORDINANCE NO. 2572 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 46, SECTION 46- 1 (A) REGARDING THE DISCHARGING OF FIREARMS FOR EDUCATIONAL OR HISTORICAL RE-ENACTMENT PURPOSES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Historical Park has hosted many events through the years. Cub Scout day camp has been an annual event for many years, and part of that program has included shooting bb guns on a supervised range. At some historical events, re-enactors have discharged black powder weapons, with no projectile, as part of their demonstrations. These activities have been approved by the Director of Parks and Recreation under Chapter 50 of the City of Farmers Branch Code of Ordinances, which is the park ordinance that gives the Director that authority. The City Attorney reviewed this matter and advises that Chapter 46 of the Code of Ordinances, which is the firearms ordinance, takes precedence over the parks ordinance. Therefore, based on the firearms ordinance, these activities cannot be approved at the Historical Park unless the firearms ordinance is modified to allow them. Shooting bb guns is an activity that is important to the organizers of the Cub Scout day camp. The range is constructed and supervised by certified adult leaders. Cub Scout leaders have asked for this activity to remain as part of day camp. Discharging black powder weapons is an integral part of historical re-enactments. Generally, there are a few re-enactment groups at Texas Independence Day and Archaeology Fair. However, staff has been informed that several other groups will participate in Historical Park re-enactments if discharging black powder weapons is allowed. Parks and Recreation and Police Department staff met and agree that it is reasonable to modify the firearms ordinance to allow for these activities, with the written approval of both the Director of Parks and Recreation and the Police Chief. There being no discussion, a motion by Councilman Robinson, a second by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2572. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 46, SECTION 46-1 (a) REGARDING THE DISCHARGING OF FIREARMS FOR EDUCATIONAL OR HISTORICAL RE-ENACTMENT PURPOSES; Volume 93, page 62 PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-059 IN SUPPORT OF PROJECTS FOR THE DART 2030 PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Dallas Area Rapid Transit is conducting studies intended to update their long-range plan for providing transit service. DART has identified numerous potential rail transit routes to be evaluated during the Transit System Plan update process. At the May 3, 2004 Study Session meeting, City staff briefed the City Council on the status of the DART Transit System Plan update. During that briefing, staff presented City Council with three potential rail transit alignments as routes of interest to the City of Farmers Branch and possible priorities. Those recommended routes are: 1. The Burlington Northern Railroad alignment from the Trinity Railway Express line in Irving through the west side of Farmers Branch to the Northwest Corridor Line at Belt Line Road in Carrollton. 2. The Inwood Spur / LBJ alignment from the Cotton Belt Railroad in Addison through the east side of Farmers Branch to the North Central Line in Dallas. 3. The Cotton Belt Railroad alignment from the Inwood Spur in Addison west to DFW Airport and ultimately to Fort Worth. Proposed Resolution No. 2004-059 identifies these three routes as long-range priorities of the City of Farmers Branch and requests favorable consideration of the routes during the DART Transit System Plan update. The resolution also reaffirms that the highest transit priority of Farmers Branch is the completion of the Northwest Corridor project before 2009. City staff recommends the adoption of Resolution No. 2004-059 in support of projects for the DART 2030 Plan. There being no further discussion, a motion by Councilman Walden, a second by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2004-059 with the addition of Section 5, to read as follows: "The City of Farmers Branch recognizes that rail transit service on the Cotton Belt Railroad alignment east of Addison may be warranted and desirable in addition to light rail service on the Inwood/LBJ alignment. The City of Farmers Branch would support rail service on the Cotton Belt alignment east of Addison provided that it does not replace or delay provision of rail transit service on the Inwood/LBJ alignment and provided that it can be planned and designed in a way that satisfactorily addresses the concerns of the City of Dallas relative to safety and environmental impacts on nearby residential neighborhoods." Volume 93, page 63 DA CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 2004-062 AWARDING BID TO AIR CLEANING TECHNOLOGY, INC. FOR VEHICLE EXHAUST CAPTURE SYSTEMS AT FIRE STATIONS NO. 1 AND NO. 2 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 4, 2004, two bids were opened for the supply and installation of emergency vehicle exhaust systems at Fire Stations 1 and 2. The installation of these systems will eliminate the exhaust fumes from the bay areas of the stations and improve the safety of breathing air in the stations and eliminate the buildup of diesel soot on the walls and ceilings. One bid was received from Air Cleaning Technologies, Inc. in the amount of $81,910. The low bid in the amount of $80,024 was received from Clean Air Concepts. However, a review of both bids revealed that the low bid from Clean Air Concepts did not meet the minimum bid specifications. The non-compliance issue was that the bid document required a "turn-key" installation with no additional charges. As a result, Air Cleaning Technology, Inc. submitted the low bid meeting specifications. Funding totaling $73,719 was received from the 2003 Assistance to Firefighters Grant, and $8,191 was included in the 2003-04 midyear budget adjustments for a total of $81,910. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, a second by Councilwoman Smith all voting "aye," adopted Resolution No. 2004-062 awarding the bid for the vehicle exhaust removal systems. D.6 CONSIDER ADOPTING RESOLUTION NO. 2004-049 APPROVING A CITY- COUNTY AGREEMENT WITH THE COUNTY OF DALLAS FOR ROTOMILLING SERVICES AND TO USE DALLAS COUNTY'S CONTRACTOR TO RESURFACE SELECTED STREETS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2003-04 Capital Improvement Program includes $1,389,109 in the street resurfacing program to maintain the annual goal of resurfacing eleven lane-miles. Sections of streets to be resurfaced this year include: STREETS: LIMITS: Apple Valley Drive Tanglewood Drive to Pebble Beach Drive Volume 93, page 64 n 1 Bee Street Bee Street Brookhaven Club Drive Gaslight Circle Lavita Lane Pepperwood Street Randy Lane Ridgeoak Way Rosser Road Sable Street Valley View Lane south to Sable Street Valley View Lane north to Havenhurst Street Webb Chapel Road to Golfing Green Drive Ridgeoak Way to south end Austell Parkway to Webb Chapel Road Bee Street to Demetra Drive Veronica Road to Webb Chapel Road Marsh Lane to Rosser Road IH-635 to Valley View Lane Denton Drive to Bee Street As in previous years, it is proposed that the City utilize Dallas County's equipment and personnel for rotomilling and the County's asphalt paving contractor to resurface the selected streets. The rotomilling, prior to resurfacing, removes old asphalt or provides a wedge in the concrete gutter in order to maintain drainage continuity along the street. A City-County Agreement has been prepared to utilize the County's forces and contractor for the rotomilling and resurfacing based on unit prices and hourly rates in an amount not to exceed $337,870. The rotomilling price is estimated at $1.50 per square yard. The asphalt price is $31.09 per ton plus mileage for a total estimated price of $31.39 per ton. There are sufficient funds available in the Capital Improvement Program budget for the rotomilling and resurfacing provided in the City-County Agreement. The resurfacing work will take place this summer. A companion item on this agenda is the award of the bid for repairs to the streets before they are resurfaced. Concrete repairs are made prior to resurfacing to maximize the effective life of the new asphalt surface. The concrete repairs will include repairing broken curbs, replacing severely cracked concrete panels, and installing barrier free ramps on the sidewalks at the street intersections. Bee Street, from Valley View Lane south to Sable Street, and Sable Street, from Denton Drive to Bee Street, has been included in the Dallas County agreement; however, the two streets will not be resurfaced if the proposed redevelopment area proceeds as proposed. In the event that the redevelopment proceeds, the streets will be reconstructed in lieu resurfacing. There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," approved a City-County Agreement with the County of Dallas for rotomilling services and to use Dallas County's contractor to resurface selected streets in an amount not to exceed $337,870. D.7 CONSIDER ADOPTING RESOLUTION NO. 2004-054 AWARDING THE BID FOR PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO JIM BOWMAN CONSTRUCTION COMPANY, L.P. AND TAKE APPROPRIATE ACTION. Volume 93, page 65 Mayor Phelps presented the following information. Included in the 2003-2004 street resurfacing program is the overlay of eleven lane-miles of streets this summer. This contract is part of the annual street resurfacing program which makes repairs to failed sections of concrete pavement on the streets before they are resurfaced, providing a stable base on which to place the new riding surface. If awarded, this bid will complete repairs on fourteen sections of streets to prepare them for resurfacing. Requests for bids were mailed to fifteen contractors, and two bids were picked up from the City Purchasing Agent. Seven bids were returned and opened on April 27, 2004. All bids received met specifications. Jim Bowman Construction Company, L.P. submitted the lowest bid in the amount of $545,326.50. Jim Bowman Construction Company, L.P. was awarded the pavement repair contract last year and their work was satisfactory. The Street Resurfacing program is budgeted in the Non-Bond Capital Improvement Fund in the amount of $1,389,108.82. There is $700,000.00 set aside for the preliminary concrete repairs. The project fund balance will be used for resurfacing with hot mix asphalt, roto-milling, replacement pavement markings and traffic loop detectors and installation of manhole and valve risers. There being no discussion, a motion by Councilman Robinson, a second by Councilman Walden, all voting "aye," adopted Resolution No. 2004-054 awarding the bid for pavement repairs at various locations to Jim Bowman Construction Company, L.P. in the amount of $545,326.50, for a one-year period with an option for two additional one-year periods, if both parties agree. It is also approved that the City Manager be authorized to execute change orders to increase future contracts and deal with any unforeseen repairs for an amount not to exceed $25,000. D.8 CONSIDER ADOPTING RESOLUTION NO. 2004-046 AWARDING THE BID FOR STREET MARKING INSTALLATION AT VARIOUS LOCATIONS TO STRIPING TECHNOLOGY, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Requests for bids for the 2003-2004 street-marking contract were mailed to five vendors. On April 14, 2004 five bids were received and opened. All items were bid on estimated quantities, and payment will be made on a unit price basis. The lowest bid met specifications and was submitted by Striping Technology, Inc. in the amount of $76,950. Staff has checked the references of Striping Technology, Inc. and they were satisfactory. Funds in the amount of $50,000 were budgeted in the 2003-2004 Public Works operating budget to maintain existing markings. Funds in the amount of $35,000 Volume 93, page 66 were budgeted in the Capital Improvement Program Non-Bond Fund to install markings on streets resurfaced under the overlay program this year, making total funds available in the amount of $85,000. There being no discussion, a motion by Councilwoman Smith, a second by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2004-046 awarding the bid for street marking installation at various locations to Striping Technology, Inc. in an amount not to exceed $85,000, for a one-year period with an option for two additional one-year periods, if both parties agree. The City Manager is further authorized to execute change orders for option years in an amount not to exceed 5% of bid award. D.9 CONSIDER APPROVING RESOLUTION NO. 2004-060 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC. AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. Subject to approval by the City Council, the City of Farmers Branch will enter into a third agreement with TraveICLICK, Inc. for Internet Commercial and Global Distribution System advertising on behalf of its Farmers Branch hoteliers. These programs have been a success over the past year, and staff recommends that the City enter into a third agreement with TraveICLICK, Inc. The GDS system places the advertisement of Farmers Branch hotels on the screen 115,000 times daily while the travel agent is booking air flights into the Dallas area. The hotel community strongly supports this program. The term of the agreement will be September 13, 2004 through March 18, 2005. This fall and spring Global Distribution System advertising will be shown on the four media networks of Sabre, Galileo, Worldspan and Amadeus through the use of promotional spots, which are directly shown to corporate travel agents. Between September 2003 and March 2004, this year's program generated 8,600 new hotel room nights in Farmers Branch, translating into $987,000 dollars in revenue. The City's hotel/motel tax portion of 7% equaled $69,100. Next to business-to-business sales by staff, this has been the most quantifiable and successful advertising program for Farmers Branch Tourism. There being no discussion, a motion by Councilwoman Smith, a second by Mayor Pro Tern Moses all voting "aye," approved Resolution No. 2004-060 authorizing the City Manager to execute an advertising contract with TraveICLICK, Inc. in an amount not to exceed $115,086.50. D.10 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Volume 93, page 67 Mayor Phelps stated appointments to the School-Community Relations Committee would be brought back to the June 14, 2004 City Council meeting. D.11 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.12 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Robinson stated two weeks ago he attended the Senior Adult Services Board Meeting as the Council liaison. He also attended the Police Awards Program on May 14th at the Justice Center. On May 20th he visited with Voyager, a company that will be moving to Farmers Branch. Councilman Walden stated he attended the Metrocrest Chamber of Commerce Luncheon with Addison Mayor Scott Wheeler as guest speaker. Councilwoman Smith stated that on May 10th she attended the Planning and Zoning Commission meeting at which Scott Polikov of Gateway Planning Group presented "Placemaking with Codes." On May 16th she attended the Metrocrest Hospital Authority Board meeting. Mayor Phelps reported on May 10th, he attended the R.L. Turner Baseball Team Awards Dinner at Brookhaven Country Club. On May 11th, at 7:30 a.m. he and City Manager Linda Groomer attended the Metroplex Mayors breakfast; at 5 p.m. he attended a reception for Jim Jackson, next state representative. On May 12th at 7:30 a.m. he attended Branch Out, at 11:30 a.m. he attended the Police Department's Super Star Kid Recognition at Gussie Field Watterworth Park. On May 13th he attended the Carrollton-Farmers Branch ISD Board Meeting to recognize the Mayor's Scholarship recipients; also in attendance was City Manager Linda Groomer. He started the School District approved the Triple Freeport exemption and he wanted top thank Pat Canuteson for all his hard work to get this approved. On May 14th he attended the Farmers Branch Chamber Board meeting and luncheon. On May 15th was the City Election. On May 17th he attended Rotary Club. On May 19th he attended the Senior Birthday luncheon and the Metrocrest Chamber Board meeting. On May 20th he attended Sam's breakfast in conjunction with Branch Out hosted by the Farmers Branch Chamber; at 9 a.m. he met with Joe Swift of DART to discuss an article on their trip to Washington, D.C.; at 11:30 a.m. he attended the Council of Governments meeting in Arlington; at 6 p.m. City Manager Linda Groomer and he attended a Tex 21 reception in Dallas. On May 21St at 9 a.m. he presented a scholarship award to students at R. L. Turner; at 1:15 p.m. he met with a citizen. On May 24th at 11:45 a.m. he attended Rotary and in the afternoon he met with Communications Director Tom Bryson, and Video Engineer Duane Bishop to Volume 93, page 68 produce a welcome video for the TAMIO group, which will be coming to Farmers Branch next week. F.2 ADJOURNMENT. A motion by Councilwoman Smith, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of May 25, 2005 at 9:18 p.m. ~ZL- Bob Phelps, May & 1 1. WL- Cindee Peters, City Secretary Volume 93, page 69