2009-12-01 CC Minutes
City of Farmers Branch
City Council Meeting Agenda
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, December 1, 2009
Study Session 5:00 P.M. Study Session Room
Regular Meeting 6:00 P.M. City Council Chambers
The following members of the Council were present:
Mayor Tim O'Hare
Mayor Pro Tern David Koch
Deputy Mayor Pro Tern Tim Scott
Council members Harold Froehlich
Ben Robinson
Michelle Holmes
The following members of the Administration were present:
Assistant City Manager Matt Benoit
Assistant City Manager Sharma Sims-Bradish
City Secretary Cindee Peters
City Attorney Pete Smith
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
Management Assistant Traci Leach
Planning Director Andy Gillies
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Ben Robinson gave the invocation and Assistant City Manager Shanna
Sims-Bradish led the pledge of allegiance.
B.2 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD
AND CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING BY THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION OF THE UNITED STATES & CANADA.
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Charles Cox, Director of Finance, explained the Government Finance Officers
Association, or GFOA, of the United States and Canada has presented an award
of Distinguished Budget Presentation to the City of Farmers Branch for its 2008-
09 budget and an award of Certificate of Achievement for Excellence in Financial
Reporting for the City's 2008 Comprehensive Annual Financial Report. These
awards represent a significant achievement by Farmers Branch and reflect the
commitment of the City Council and staff to meet the highest principles of
governmental budgeting, accounting and financial reporting.
The GFOA programs were instituted to encourage all government units to prepare
and publish easily readable and understandable financial documents covering all
funds and fnancial transactions of the government during the year. The GFOA
believes that governments have a special responsibility to provide the public with
a fair presentation of their financial affairs. These financial reports go beyond the
requirements of generally accepted accounting principles to provide the many
users of governmental financial statements with a wide variety of information
useful in evaluating the financial condition of a government. Bond rating agencies
favorably consider these awards during the credit evaluation process.
This is the twelfth consecutive year that the City has received the Distinguished
Budget Presentation award and the twentieth consecutive year for receiving the
Certificate of Achievement for Excellence in Financial Reporting.
B.3 CONSIDER 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 Scott, a second by Mayor Pro Tern Koch, all voting
"aye" reappointed Bruce DeGrasse and Chris Smith to the Zoning Board of
Adjustment and Building Code Board of Appeals.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting
"aye", reappointed Gary Greer, Charles Cox, and Shanna Sims-Bradish to the
North Dallas County Water Supply Corporation.
B.4 REPORT ON STUDY SESSION ITEMS.
Members of the City Council gave a brief explanation of items discussed in study
session.
B.5 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO
SECTION 551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY
COUNCIL MAY REPORT ON THE FOLLOWING ITEMS: l.) EXPRESSION
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OF THANKS, CONGRATULATIONS OR CONDOLENCES, 2.)
INFORMATION ABOUT HOLIDAY SCHEDULES, 3.) RECOGNITION OF
INDIVIDUALS, 4.) REMINDERS ABOUT UPCOMING CITY EVENTS, 5.)
INFORMATION ABOUT COMMUNITY EVENTS AND 6.)
ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO PUBLIC
HEALTH AND SAFETY.
Mayor O'Hare reminded everyone of the Tree Lighting this Saturday to begin at
7:00 p.m. and the Tour of Lights that has begun.
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 Tem Koch, a second by Councilwoman Holmes, all
voting "aye", approved the consent agenda.
C.I APPROVED MINUTES OF CITY COUNCIL MEETING OF
NOVEMBER 17, 2009.
C.2 ADOPTED RESOLUTION NO. 2009-084 AWARDING THE BID FOR
CLEANING AND SEALING OF JOINTS AND CRACKS IN STREETS
TO CURTCO INC. IN THE AMOUNT OF $65,900.
C.3 ADOPTED RESOLUTION NO. 2009-059 APPROVING A WORK
ASSIGNMENT SUPPLEMENT WITH ATMOS ENERGY
CORPORATION RELATIVE TO THE FARMERS BRANCH STATION
AREA.
CA ADOPTED RESOLUTION NO. 2009-085 AWARDING THE BID FOR
PAVEMENT MARKINGS TO STRIPE-A-ZONE IN AN AMOUNT
NOT TO EXCEED $65,000.
D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3068
REPEALING ORDINANCE NO. 3027 THAT GRANTED A SPECIFIC USE
PERMIT TO ALLOW AN INDOOR COMMERCIAL AMUSEMENT FOR AN
INDOOR CRICKET AND BASEBALL BATTING PRACTICE FACILITY AT
2430 SQUIRE PLACE, SUITE 3, WITHIN THE PLANNED DEVELOPMENT
NO. 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION.
Andy Gillies, Planning Director, explained In May 2009 City Council approved
Ordinance No. 3027, granting a Specific Use Permit to allow an indoor cricket
and baseball batting practice facility at 2430 Squire Place, Suite 3, located at the
southwest corner of Bee Street and Squire Place. The prospective tenant and
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property owner were subsequently unable to reach a lease agreement so the
practice facility will not be located at this address.
The prospective tenant has since signed a lease for a suite in the existing
warehouse building directly across the street at 2435 Squire Place, Suite 600.
Under a separate public hearing on this agenda, the owner of 2435 Squire Place is
requesting approval of a Specific Use Permit to allow the same use on his
property.
The existing Specific Use Permit to allow an indoor cricket practice facility at
2430 Squire Place is no longer required.
The Planning & Zoning Commission, by unanimous vote, recommends repealing
the Specific Use Permit granted by Ordinance No. 3027.
Mayor O'Hare opened the public hearing.
A motion by Councilman Scott, a second by Councilwoman Holmes, all voting
"aye", closed the public hearing.
A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting
"aye", adopted the following captioned Ordinance No. 3068 repealing Ordinance
No. 3027 relative to the Indoor Commercial Amusement at 2430 Squire Place,
Suite 3.
ORDINANCE NO. 3068
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
REPEALING ORDINANCE NO. 3027 GRANTING A SPECIFIC USE
PERMIT WITH SPECIAL CONDITIONS FOR AN INDOOR CRICKET
OR BASEBALL PRACTICE FACILITY ON PROPERTY ZONED
PLANNED DEVELOPMENT NO. 70 (PD-70) LOCATED AT SUITE 3,
2430 SQUIRE PLACE, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING A SAVINGS
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.
D.2 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 3069
GRANTING A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF
NOT LESS THAN THREE (3) YEARS TO ALLOW AN INDOOR
COMMERCIAL AMUSEMENT COMPRISING AN INDOOR CRICKET AND
BASEBALL BATTING PRACTICE FACILITY LOCATED AT 2435 SQUIRE
PLACE, SUITE 600, WITHIN THE PLANNED DEVELOPMENT NO. 70 (PD-
70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION.
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Andy Gillies, Planning Director, explained the subject property at 2435 Squire
Place is an approximate two-acre site located at the northwest corner of Bee Street
and Squire Place. The property is occupied by an existing commercial building,
38,500 square feet in area, comprised of eight separate business suites. The
applicant is proposing to convert a portion of Suite 600 into an indoor cricket and
baseball batting practice facility. The remaining portion of Suite 600 will be used
to operate a carpet cleaning business owned by the same lessee.
The indoor practice facility will consist of a cricket batting cage made of nylon
mesh approximately 24 feet wide and 90 feet long. This batting cage is similar to
a conventional baseball batting cage. Proposed hours of operation are from 9:00
AM to 9:00 PM seven days a week.
Other site improvements include additional trees and shrubs to be installed along
Squire Place and screening of existing outdoor storage in the rear of the lot. The
applicant requires a minimum of three years to amortize the cost of the
improvements and therefore is requesting a Specific Use Permit-Interim Use for a
period of not less than three years.
In May 2009 City Council granted a Specific Use Permit under Ordinance No.
3027 for the same use on another property located at 2430 Squire Place, Suite 3.
However, an agreement to lease the property could not be reached and repeal of
Ordinance No. 3027 is being considered under a separate public hearing.
The Planning & Zoning Commission, by unanimous vote, recommends approval
of the proposed Specific Use Permit-Interim Use for a 3 year period of time.
Mayor O'Hare opened the public hearing.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting
"aye", closed the public hearing.
A motion by Councilman Robinson, a second by Mayor Pro Tem. Koch, all voting
"aye", adopted the following captioned Ordinance No. 3069 for a 3 year Specific
Use Permit-Interim Use for Indoor Commercial Amusement limited to an indoor
cricket or baseball practice facility located at 2435 Squire Street, Suite 600.
ORDINANCE NO. 3069
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-INTERIM USE WITH
SPECIAL CONDITIONS TO ALLOW AN INDOOR CRICKET AND
BASEBALL PRACTICE FACILITY ON A PORTION OF AN
APPROXIMATELY 1.95 ACRE TRACT OF LAND LOCATED
WITHIN PLANNED DEVELOPMENT NO. 70 "OLD FARMERS
BRANCH - FREEWAY SUBDISTRICT" (PD-70-OFB-FW) ZONING
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DISTRICT; AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, AND GENERALLY LOCATED
AT 2435 SQUIRE PLACE, SUITE 600; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "B";
PROVIDING FOR ADDITIONAL SPECIAL CONDITIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING A THIS
ORDINANCE TO CONTROL IN EVENT OF CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING 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 APPROVING RESOLUTION 2009-094 AUTHORIZING AN
AGREEMENT WITH PRIME CONTROLS, L.P. FOR THE PURCHASE,
INSTALLATION, AND MAINTENANCE OF A NETWORK VERSION OF A
SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM
FOR WATER AND WASTEWATER OPERATIONS AND TAKE
APPROPRIATE ACTION.
The City's water and wastewater systems, including water pump stations, water
storage tanks and lift stations, are controlled by operators utilizing a Supervisory
Control and Data Acquisition (SCADA) system. The SCADA system allows
hardware, software and mechanical systems to operate together. The current
system, purchased in 1999, operates on a stand-alone, non-networked computer
system. The new version will be networked with secure remote access via the
internet and adds system redundancies. The new system will also bring two
additional wastewater facilities onto the system. These features will increase the
efficiency of City water distribution and maintenance operations, as well as
increase system security. The additional redundancies will increase the integrity
of the water system by allowing continued operation under certain adverse
conditions.
Requests for proposals were sent to eight contractors, and on July 28, 2009 two
proposals were received from WHECO Electric and Prime Controls, L.P.
Revised proposals were submitted to the City on September 25, 2009. After
extensive review and negotiation, Staff recommends awarding the agreement to
Prime Controls, L.P. in the amount of $170,000.
Funds in the amount of $200,000 are available in the Capital Improvement
Program Non-Bond Utility Fund for this purchase.
This project corresponds to Core Value #5 to provide functional, sustainable and
well-maintained infrastructure, facilities and equipment.
City Administration recommends adopting Resolution No. 2009-094 authorizing
the City Manager to enter into an agreement for the purchase, installation, and
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maintenance of a Network Version of a Supervisory Control and Data Acquisition
(SCADA) system with Prime Controls, L.P.
A motion by Mayor Pro Tem Koch, a second by Councilman Froehlich, all voting
"aye", adopted Resolution No. 2009-094.
E.2 CONSIDER ADOPTING RESOLUTION 2009-095 APPROVING ECONOMIC
DEVELOPMENT INCENTIVES FOR THE RESIDENTIAL
DEMOLITION/REBUILD PROGRAM AND TAKE APPROPRIATE ACTION.
John Land, Director of Economic Development, explained, the availability of
quality housing stock in the City of Farmers Branch encourages the relocation of
businesses, attracts new businesses, and promotes expansion of existing
businesses to and within the City, all of which in turn stimulates growth; create
jobs, and increase property and sales tax revenues. In an effort to accomplish this
and to support Core Value Number 3, the City Council enacted a Residential
Demolition/Rebuild Program pursuant to Chapter 380 of the Texas Local
Government Code to encourage the redevelopment of existing one-family
detached residential properties with the construction of new, higher value, one-
family detached residential structures.
At the October 20, 2009 Council meeting, three such incentives were approved.
Two of those, 2717 Farmers Branch Lane and 13442 Briarbrook Drive, were
projects that had occurred prior to this program being approved and after the
elimination of the previously available residential incentive program. Mr. Noah
Shapiro is in a similar situation with his home at 2610 Dixiana, with the exception
that he was offered complimentary water service for one year and a Recreation
Center family membership for two years as the result of a Council action at the
December 16, 2008 City Council meeting. At this time, Mr. Shapiro is offering to-
relinquish the previously offered incentives, valued at $2,393.03, in lieu of
participation in the new Demolition/Rebuild Program.
In keeping with the spirit of the previously approved incentives, City
Administration recommends that City Council adopt Resolution No. 2009-095
approving the application for the Residential Demolition/Rebuild Program and
take appropriate action.
After a brief discussion, a motion by Councilman Froehlich, a second by
Councilwoman Holmes, all voting "aye" rejected Resolution No. 2009-095
approving the Residential Demolition/Rebuild Program application.
E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-093 AUTHORIZING THE
CITY MANAGER TO PURCHASE POLICE MOBILE DATA COMPUTERS
FROM CDW-G UTILIZING THE STATE OF TEXAS DEPARTMENT OF
INFORMATION RESOURCES CONTRACTS FOR AUTOMATED
INFORMATION SYSTEMS AND TAKE APPROPRIATE ACTION.
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Charles Cox, Director of Finance, explained the City of Farmers Branch Police
Department utilizes Police Mobile Data Computers (MDC's) in City Police squad
cars to facilitate computer aided dispatch and communication with the City
network. The current MDC units have been in use for four years and are
approaching end of life and are due for replacement with new equipment. These
MDC units are necessary to ensure proper communication, reporting and job
performance from the Police squad cars in the field. Police MDC's require
specialized toughened mobile units because of the specialized job stress and
twenty-four hour use of the units in the performance of Police duties.
Quotes to replace these units with new Panasonic Toughbook CF-30 MDC's were
requested from ten vendors of these specialized units and responses were received
from six vendors. One response did not meet the requirement specifying
Panasonic Toughbooks and one response came from a vendor that was not listed
as a certified vendor by the State of Texas Department of Information Resources.
CDW-G submitted the lowest quote of $57,582 for the replacement of fifteen
MDC units with Panasonic Toughbook CF-30 MDC's.
CDW-G has been certified by the State of Texas Department of Information
Resources (DIR) as a qualified vendor for DIR purchases. Using a qualified DIR
vendor, satisfies the bidding requirements of state law. The 2009-2010
Information Services equipment budget includes $149,900 for the purchase of
Police MDC units as well funding for other computer replacements throughout
the city departments.
This agenda item meets Core Value No. 1 to provide safety and security for
citizens, visitors and businesses through progressive public safety programs.
City Administration recommends the purchase of fifteen Panasonic Toughbook
CF-30 MDC's from CDW-G for the amount of $57,582 utilizing the State of
Texas Department of Information Resources contracts for automated information
systems.
A motion by Councilman Robinson, a second by Councilman Scott, all voting
"aye" adopted Resolution No. 2009-093.
EA CONSIDER REQUEST OF MARTY GIEHRL CONCERNING THE STORAGE
OF FIRE WOOD.
Mr. Marty Giehrl presented his arguments to change the existing code
requirement that firewood be stacked off the ground by 18 inches.
Mr. Jim Olk, Building Official, made a PowerPoint presentation to the City
Council on the reasons firewood should be 18 inches off the ground.
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There followed a short discussion and City Council directed staff to prepare a new
ordinance allowing firewood to be 6 inches off the ground.
MAYOR O'HARE ANNOUNCED THAT NO EXECUTIVE SESSION WAS HELD
TONIGHT.
F.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS
GOVERNMENT CODE SECTION 551.087.
No items were discussed. No executive session held.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
No action necessary because no executive session was held.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting
"aye," adjourned the City Council meeting of December 1, 2009 at 6:52 p.m.
r
Mayor City Secretary
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