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2002-07-22 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, July 22, 2002 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Charlie Bird Deputy Mayor Pro Tern Paul Walden Councilmembers Bill Moses Jim Robbs The following member of the City Council was absent: Calla Davis The following members of the Administration were present: City Manager Richard Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney John Boyle Director of Public Works Mark Pavageaux City Engineer Jerry Murawski Communications Director Tom Bryson Director of Community Services Michael Spicer Director of Parks and Recreation Jeff Fuller Fire Chief Kyle King Acting Police Chief Kirk Riggs Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of July 22, 2002 to order at 7:47 p.m. The meeting was televised. Volume 89, page 1 Mayor Phelps stated to let the record show that Councilwoman Davis would not be present tonight. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and led the pledge of allegiance. A.2 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. A.4 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE THIRD QUARTER OF 2001/2002 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, was present to recommend the following items for approval by Council. Victorian women's clothing including petticoat, bloomer/camisole, apron, and nightwear; dating from the turn of the century that belonged to women in the Hugh Hardie family from Ms. Agnes Hardie Mikkelesen of Dallas, Texas. Early 20th Century toys and children's books from Ms. Irene D. Richmond of Farmers Branch. Newspaper archives, photographic images, and genealogy relevant to the Hopper family and the history of Elwood, Texas from Ms. Mary Jo Phillips of Farmers Branch compiled from 1895-2002. Two compilations relevant to the history of Farmers Branch and Dallas County, genealogy and photographic images of the Webb/Cox families and the Webb Chapel Cemetery, dating from the mid-nineteenth century to today from Mr. Howard Cox of Dallas. A grass sling donated by Mr. James Caveness of Farmers Branch. A motion by Councilman Robbs, second by Councilman Moses, all voting "aye," accepted the third quarter donations to the Historical Park with appropriate thank you letter. Volume 89, page 2 A.3 CONSIDER ACCEPTING DONATION TO THE HISTORICAL PARK FROM THE FARMERS BRANCH WOMAN'S CLUB AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At their annual meeting, the Farmers Branch Woman's Club voted to donate $1,200 to the Farmers Branch Historical Park. The Farmers Branch Woman's Club has long been a supporter of the Historical Park. Their previous generosity and support included donations of $3,000 and $2,000 to assist the Park in its efforts to decorate the interior of the Queen Anne Victorian cottage in 1993 and 1994, respectively. Ms. Jolene Fee, from the Woman's Club, presented the check to Ron Doerler, Chairman of the Historical Preservation and Restoration Board. Mr. Doerler stated the Board recommends utilizing the donation for the second annual Archeology Day at the Historical Park. Last year's inaugural event drew approximately 400 school children and adults to the Historical Park to celebrate the archeological heritage of Texas and Farmers Branch. This year's event will take place on October 12, from 1:00 p.m. to 5:00 p.m. The Director of the Parks and Recreation Department recommends accepting the $1,200 donation from the Farmers Branch Woman's Club to the Historical Park. A motion by Councilman Deputy Mayor Pro Tem Walden, seconded by Councilman Moses, all voting "aye," accepted the $1,200 donation to the Historical Park with appropriate letter. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Jerry Duffield of the Fire Department. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Sam Moore of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.8 CITIZEN PARTICIPATION. Angie Mayo announced Tuesday, August 6, 2002, from 7 p.m. - 10 p.m. is National Night Out, and encouraged all residents to participate. Volume 89, page 3 Glenn Kipper, 3638 Pebble Beach, asked the City Council to pass item D.2. He stated he would like to see the City Council update the Ordinance concerning front yard fences for extra security. Joan Bareis, 2935 N. Sunbeck Circle, spoke to Consent Agenda Item B.6. She asked if there were a Home Owners Association, which will affect nine residents, how would it be maintained, and what guarantees does the City have that they will fulfill their obligations. She stated she feels the residents on Sunbeck Circle need more information. Mayor Phelps stated Consent Agenda Item B.9 had been requested to be taken off the Consent Agenda and heard in its entirety before the City Council. John Wells, 13521 Heartside Place, stated he was confused about Citizen Participation and the discussion on the Consent Agenda Items. Mr. Wells commended the City Council on the excellent presentation on the report on Study Session. He stated that there are a large number of Consent Agenda items that hold particular interest for citizens of Farmers Branch and should be discussed in their entirety, for example B.9 concerning the Drought Contingency Plan. Richard Escalante, City Manager, explained that Mr. Wells was correct and no discussion could be held in Citizen Participation. He explained that the Mayor had a stack of cards, which included both Citizen Participation, and the Consent Agenda Items that he was addressing in the order he received them. Mr. Escalante stated in regards to Consent Agenda Item B.9, the comments are from the TNRCC to clean up the ordinance that was presented to the City Council at an earlier meeting. Mark Pavageaux, Director of Public Works, summarized the five minor changes to the Drought Contingency Plan Ordinance No. 2683 that were recommended by the TNRCC. E.J. Peters, 2667 Leta Mae Lane, spoke regarding front yard fences and stated the safety of the children is most important. He stated taking the fences down is a bad idea. Mr. Escalante stated there has been a little confusion with Citizen Participation and the Consent Agenda Items and request that Mr. Murawski answered Ms. Baries' question on Consent Agenda Item B.6, regarding Sunbeck Circle Home Owners Association responsibilities. Jerry Murawski, City Engineer, explained the developer wants to install landscaping and irrigation at three locations within the right-of-way of Sunburst Circle, a new street, with the homeowners association eventually being Volume 89, page 4 responsible for the maintenance of the landscaping. The amendment to the developer's contract on the agenda provides that the homeowners association is responsible for the maintenance of the landscape. Failure of the association to maintain the landscaping would constitute a nuisance wherein the association would have to maintain the landscaping or remove the landscaping to abate the nuisance. Councilman Moses asked if this was not approved before. Mr. Murawski replied no. He stated the only reason the City is involved is because Mr. Ringer intends on putting landscape in the City's right-of-way, and the City wants to make it clear that the City will not assume maintenance of the landscaping. Ruth Alhilahi, 2901 N. Sunbeck, asked that B.9 be read, discussed and staff give a presentation just as the C and D items are presented. Mr. Escalante explained that anyone can request to have an item removed from the Consent Agenda, however, it is up to the Mayor and City Council to decide whether they want to remove it from the agenda. Mayor Phelps asked Ms. Alhilahi if she wanted all the Consent Items removed and she replied yes. Mayor Phelps stated Ms. Alhilahi would like the Consent Agenda Items B.9, B.12, B.13, B.15, and B.16 to be removed from the Consent Agenda and heard before the full Council. Mayor Phelps reminded the audience that these Consent Agenda Items are read before and after the City Council meeting on television. Mayor Phelps stated Mr. Wells would like the Consent Agenda Items B.10 be removed from the Consent Agenda and heard before the full Council. Mayor Phelps stated Ms. Mowinkle would like the Consent Agenda Items B.16 to be removed from the Consent Agenda and heard before the full Council. Mayor Phelps repeated again to the audience that these Consent Agenda Items are read before and after the City Council meeting on television. Ms. Baries requested that Consent Agenda Item B.6 be removed from the Consent Agenda. Deputy Mayor Pro Tem Walden asked what the protocol is for taking items off the Consent Agenda and has it been done before. Mayor Phelps explained that if an item is taken off the Consent Agenda then the entire item is read into the record and action taken. Volume 89, page 5 Pricilla Mowinkle, 3336 Dorado Beach, stated she would like reconsideration of B.16 by the Council, and that she would like it changed. Deputy Mayor Pro Tem Walden made a motion to remove B.2, B.6, B.9, B.10, B.12, B.13, B.15, and B.16 from the Consent Agenda. The motion died for lack of a second. A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," removed Agenda Item B.2 from the Consent Agenda. A motion by Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda as amended. Councilman Robbs stated he appreciated citizens' interest in the Consent Agenda. He stated the agendas are at the Library and on the Internet. Ms. Alhilahi asked if she would be able to speak on the Consent Items that she was signed up to speak on. Mayor Phelps asked City Attorney John Boyle to clarify the difference between Citizen Participation and Consent Agenda Items. John Boyle, City Attorney, stated Citizen Participation is where citizens can comment about anything. The Consent Agenda has been posted and there is no public hearing to have citizen input. Once approved there is nothing more to discuss. Deputy Mayor Pro Tem Walden suggested that the Council should refine the City's policy on removal of the Consent Agenda Items. Councilman Moses stated it has always been the Council's policy to allow removal of Consent Agenda Items if approved by the City Council. Mayor Phelps restated that anyone could request that a Consent Agenda Item can be removed; he further stated it is the City Council's call to remove those items. Mayor Pro Tem Bird asked the Mayor to explain why there is a Consent Agenda. Mayor Phelps replied it is established to allow more time to discuss items that may require it. Mayor Pro Tem Bird restated that consent items are televised before and after the City Council meeting. He also stated it is on television on Tuesday and Thursday morning, on the Internet, or citizens may come to City Hall for the meeting. Volume 89, page 6 Linda Quina, 2634 Farmers Branch Lane, asked why some items are considered Consent Items. Mayor Phelps responded that these items are usually housekeeping items. Mr. Kipper stated not everyone has cable television and not everyone wants to download files from the Internet. Mayor Phelps stated copies of the agenda are also at the Library. Mayor Phelps read the captions from the Consent Agenda. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated under the title of 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. B.1 ADOPTED MINUTES OF CITY COUNCIL MEETING OF JUNE 3, 2002. B.2 ADOPTED RESOLUTION NO. 2002-088 SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT. This item to be heard before the Council. B.3 ADOPTED RESOLUTION NO. 2002-082 EXPRESSING SUPPORTING FOR LEGISLATION ADDRESSING THE ECONOMIC DEVELOPMENT SALES AND USE TAX AND OPPOSING CHANGES TO LEGISLATION RELATED TO SECURE DART SERVICES OR REQUIREMENTS TO JOIN DART. B.4 ADOPTED RESOLUTION NO. 2002-074 APPROVING AND SUPPORTING THE ASSUMPTION OF THE ENTERPRISE ZONE PROJECT DESIGNATION FROM NETCOM ON-LINE COMMUNICATIONS TO EARTHLINK, INC. B.5 ADOPTED ORDINANCE NO. 2682 ACCEPTING THE REQUEST BY HARVARD PROPERTY TRUST, LLC, ON BEHALF OF BRP, S.V., L.P., TO CHANGE THE NAME OF ARBORVIEW ROAD TO INTERNATIONAL PARKWAY. Volume 89, page 7 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ACCEPTING THE REQUEST BY HARVARD PROPERTY TRUST, LLC, ON BEHALF OF BRP, S.V., L.P. TO CHANGE THE STREET NAME OF ARBORVIEW ROAD TO INTERNATIONAL PARKWAY. B.6 ADOPTED RESOLUTION NO. 2002-087 APPROVING AMENDMENT NO. 1 TO THE DEVELOPER'S CONTRACT WITH J. RINGER CUSTOM HOMES, INC. FOR SUNBECK CORNERS. B.7 ADOPTED RESOLUTION NO. 2002-060 DEDICATING A RIGHT-OF- WAY TO THE CITY OF LEWISVILLE FOR EXPANSION OF HUFFINES BOULEVARD. B.8 ADOPTED RESOLUTION NO. 2002-085 AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCLUSIVE LISTING AGREEMENT WITH FIRST COMMERCIAL REALITY, LLC FOR THE LEASING OF A CITY-OWNED FACILITY AT 500 HUFFINES BOULEVARD IN LEWISVILLE. B.9 ADOPTED ORDINANCE NO. 2683 OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTIONS 86-69,86-70,86-73 AND 86-74 OF THE CODE OF ORDINANCES CITY OF FARMERS BRANCH, RELATING TO THE DROUGHT CONTINGENCY PLAN. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTIONS 86-69, 86-70, 86-73 AND 86- 74 OF THE CODE OF ORDINANCES CITY OF FARMERS BRANCH, RELATING TO THE DROUGHT CONTINGENCY PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. B.10 ADOPTED RESOLUTION NO. 2002-024 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. B.11 ADOPTED RESOLUTION NO. 2002-086 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT OF COOPERATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME PROGRAM WITH DALLAS COUNTY FOR A PERIOD OF THREE YEARS. B.12 ADOPTED ORDINANCE NO. 2679 DENYING RATES FOR TXU GAS. Volume 89, page 8 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES. B.13 ADOPTED RESOLUTION NO. 2002-081 ENTERING INTO AN AGREEMENT WITH SPRINT PCS FOR PROVIDING PHASE 1 WIRELESS E9-1-1 SERVICES. B.14 ADOPTED RESOLUTION NO. 2002-077 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ADMINISTER THE FISCAL 2002 FEDERAL BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT. B.15 ADOPTED ORDINANCE NO. 2677 WHICH AMENDS SECTION 34- 201 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH BY AMENDING THE DEFINITION OF A JUNKED VEHICLE TO BE CONSISTENT WITH STATE LAW. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 34, ENVIRONMENT, SECTION 34-201, DEFINITIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. B.16 ADOPTED ORDINANCE NO. 2668 CREATING A POSITION OF BOARD MEMBER EMERITUS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 2, ARTICLE II, ADMINSTRATION, OF THE FARMERS BRANCH CODE OF ORDINANCES, CREATING THE POSITION OF BOARD MEMBER EMERITUS FOR CERTAIN BOARDS OF THE CITY. B.17 ADOPTED RESOLUTION NO. 2002-080 AWARDING A CONTRACT TO SPENCER DESIGN GROUP, INC. FOR INTERIOR DESIGN SERVICES FOR THE NEW RECREATION CENTER. B.18 ADOPTED RESOLUTION NO. 2002-083 AWARDING THE BID FOR THE ANNUAL CONTRACT FOR CLASSIFIED ADVERTISING/LEGAL NOTICES TO THE DALLAS MORNING NEWS. Volume 89, page 9 B.19 ADOPTED RESOLUTION 2002-075 AWARDING THE BIDS FOR WATER METERS AND STRAINERS FOR THE PUBLIC WORKS UTILITY DIVISION. B.20 ADOPTED RESOLUTION NO. 2002-070 AWARDING THE BID FOR STREET MARKING INSTALLATION AT VARIOUS LOCATIONS TO UNITED RENTALS HIGHWAY TECHNOLOGIES. B.2 ADOPTED RESOLUTION NO. 2002-088 SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT. Mayor Phelps presented the following information. During the 77th Texas Legislature, the City of Farmers Branch and numerous other cities across the state worked diligently to pass enabling legislation that would give cities the authority to implement photographic red light enforcement systems. This legislation narrowly failed passage last session. In preparation for the 78th session Legislature, area cities will once again work together encouraging the passage of photographic red light enforcement. Red light running continues to be a significant problem in Texas and is one of the highest causes of traffic fatalities. More than 100,000 automobile crashes occur at intersections each year. From 1992 to 1998 Texas experienced 663 deaths resulting from traffic signal disregard. Photographic red light enforcement has been a proven technique for many years in addressing traffic signal disregard. Cities in fifteen states utilize this type of enforcement and have received positive results. Red light running has decreased at intersections with cameras by as much as 40 to 60%. Many cities have also seen decreases by as much as 43% in accidents resulting from red light running at intersections with cameras. The Police Department recommends Resolution No. 2002-088 supporting the passage of enabling legislation for photographic red light enforcement in the 78th Texas Legislature. Glenn Kipper, 3638 Pebble Beach, stated he is against the red light passage. He stated the City has an excellent police force and the City should try and get more police officers on the force. He suggested the City raise taxes to get more police officers. Mayor Pro Tem Bird stated he is not in favor of raising taxes. He stated most accidents occur at red lights and stated he feels this is an excellent program. Volume 89, page 10 Deputy Mayor Pro Tem Walden stated that running red lights is endemic. He stated the reason he wanted to take this item off the Consent Agenda is because of clarification concerning enforcement whether it is criminal or civil penalty. John Boyle, City Attorney, stated the difference between the two is that there is not the same burden of proof between a criminal and civil matter. Mayor Phelps stated he has received letters from other cities joining this program. He stated he has forwarded them to the Police Department. Kirk Riggs, Deputy Chief, responded to Mr. Kipper's statement concerning resources to monitor traffic lights. He stated it takes two officers to do the monitoring of one light. Deputy Chief Riggs commented on the enforcement side of the difference between a criminal and civil charge. Deputy Mayor Pro Tem Walden gave an example and asked Deputy Chief Riggs to clarify the program used. Deputy Chief Riggs explained the offender would be sent a citation through the mail. He also stated that 15 states are using this program. Deputy Mayor Pro Tem Walden asked if the states using this program are reducing deaths and accidents. Deputy Chief Riggs replied yes. Mayor Phelps stated the Tollway Authority is using this system and it works like a charm. Mr. Kipper asked what happens when someone other than the owner commits the offense; does the owner have this on their driving record. Mr. Boyle explained it is exactly like a parking ticket. It is reputable presumption that the owner was driving. If you wanted to go down to court and swear you were not the driver, then you will probably not be found guilty. There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2002-088 supporting the passage of enabling legislation for photographic red light enforcement in the 78th Texas Legislature. C.1 PUBLIC HEARING: CONSIDER THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW THE TOTAL ACCESSORY BUILDING AREA TO BE APPROXIMATELY 239 SQUARE FEET AND FOR THE TOTAL HEIGHT OF AN ACCESSORY BUILDING TO BE FIFTEEN FEET SIX INCHES, LOCATED AT 2740 FARMERS BRANCH LANE AND WITHIN THE ONE FAMILY RESIDENCE DISTRICT 2 AND TAKE APPROPRIATE ACTION. Volume 89, page 11 Mayor Phelps presented the following information. The subject property is a 1.35-acre lot containing an existing single family home and an existing 120 square foot accessory building. The applicant intends to construct a 119 square-foot gazebo within the rear yard, yielding a total of 239 square feet of accessory building area on site, and a total height of fifteen feet, six inches. The Comprehensive Zoning Ordinance requires accessory buildings to have an approved Specific Use Permit, when the total lot area covered by accessory buildings exceeds 120 square feet and when the height of a detached accessory building exceeds fifteen feet. The gazebo will be architecturally compatible with the main building and constructed on a permanent foundation. It will be located in the rear yard, along Farmers Branch Creek, with the nearest residence located approximately 145 feet away. The proposed gazebo complies with all other zoning and building code regulations. The Planning and Zoning Commission, by unanimous vote, recommends the approval of the Specific Use Permit. Mayor Phelps opened the public hearing. Glenn Kipper, 3638 Pebble Beach Drive, stated he supported the residents for taking the time for adding a gazebo to their property. A motion by Mayor Pro Tem Bird, seconded by Moses, all voting "aye," closed the public hearing. There being no further discussion a motion by Councilman Robbs, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," approved the Specific Use Permit, the following captioned Ordinance No. 2681 and associated site plan as recommended by the Planning and Zoning Commission. 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 THE TOTAL ACCESSORY BUILDING AREA TO BE APPROXIMATELY 239 SQUARE FEET AND FOR THE TOTAL HEIGHT OF AN ACCESSORY BUILDING TO BE FIFTEEN FEET SIX INCHES WITHIN THE ONE FAMILY RESIDENCE DISTRICT 2 AT 2740 FARMERS BRANCH LANE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO Volume 89, page 12 THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION NO. 2002- 076 ADOPTING THE FARMERS BRANCH STATION AREA CONCEPTUAL MASTER PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Dallas Area Rapid Transit light rail line to Farmers Branch is scheduled to begin operation in 2008. Planning for the station area has been underway for two decades. The City has held several public meetings with residents and property owners with a goal of developing a vision for the station area. On May 13, 2002 the Planning and Zoning Commission held a public hearing regarding the Farmers Branch Station Area Conceptual Master Plan. The purpose of this public hearing is to allow further public input regarding the Farmers Branch Station Area Conceptual Master Plan. The Planning and Zoning Commission, by unanimous vote, recommends adoption of the Farmers Branch Station Area Conceptual Master Plan. Mayor Phelps opened the public hearing. Kathleen Matsumura, 3938 Clubway, stated she was invited to submit comments to the City after the March 7, 2002, DART meeting as did other participants. Ms. Matsumura stated the City Manager informed her that her comments were read but she never saw any results as to her comments being considered by the City nor any other comments made at the meeting or after the meeting. Ms. Matsumura read a statement from an email sent to the City making suggestions for future DART meetings about the Farmers Branch Station Area Conceptual Master Plan. John Oechsner, 3509 Brookline, read a statement and asked the City Council to consider the best and highest use for the development in Old Farmers Branch, and to consider the vision as a proposal, pursuant to the Farmers Branch Station Area Conceptual Master Plan. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Mr. Escalante stated several staff members are available to respond to questions or to provide an overview along with Paris Rutherford with RTKL Associates who has been involved with this project since the beginning. Volume 89, page 13 Mayor Phelps asked if the overview has changed from the last meeting in May. Mr. Escalante replied it had not changed, and there have been a number of presentations at various public meetings and a public hearing. Deputy Mayor Pro Tem Walden stated he and his colleagues have studied this item and feels it is an outstanding opportunity for the City of Farmers Branch. There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2002-076 adopting the Farmers Branch Station Area Conceptual Master Plan as recommended by the Planning and Zoning Commission. D.1 CONSIDER ADOPTING ORDINANCE NO. 2678 AMENDING SECTION (F) (2) OF CHAPTER 94 OF APPENDIX A - FEE SCHEDULE OF THE CODE OF ORDINANCE OF THE CITY OF FARMERS BRANCH RELATED TO APPLICATION TO THE ZONING BOARD OF ADJUSTMENT FOR A VARIANCE TO ORDINANCES REGARDING FENCES IN THE REQUIRED FRONT YARD OF RESIDENTIAL PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1997 the City studied many property maintenance and neighborhood appearance issues, including allowable items in front yards. After considerable discussion and public input, the Code of Ordinances was amended to prohibit fences in the front yard and required that existing fences be removed within 5 years from the enactment of the ordinance. Properties that had previously been granted a variance to allow a front yard fence were exempted from this requirement. The ordinance established a five-year grace period to allow residents enough time to plan for removal of the fences; the five-year grace period expired in June 2002. A city-wide survey was performed and identified approximately 175 homes that have front-yard fences that will be required to be removed. In May notices were mailed to approximately 50 properties where front yard fences were located. Several of those residents contacted City staff and the City Council explaining their situation and the hardship the removal would cause. The Code of Ordinances allows for the Zoning Board of Adjustment to grant variances to the fence provisions in the Code provided the variance "will not be contrary to the public interest, where, owning to special conditions, a strict enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done." The Zoning Board of Adjustment is empowered to consider each case individually and determine if special conditions exist which merit the granting of a variance. Volume 89, page 14 Examples of special conditions that may warrant the granting of a variance include: ➢ Where fences are surrounded by, or support, large shrubs or other mature plant material. ➢ Where fences are located on corner lots near schools, parks or other places that would cause unusual amounts of cut through pedestrian traffic. ➢ Where fences serve as guardrails or barriers necessary to protect persons from falling hazards. The current fee for filing an application to the Zoning Board of Adjustment for a variance on a residential property is $60.00. To assist those residents that may have a special condition that would warrant a variance, it is proposed that the application fee be reduced to $10.00. This fee reduction would be for a period of one year and would only apply to those applications requesting a variance to retain an existing fence in the required front yard. This fee reduction would be similar to the fee reduction instituted in February of 1990 when the ordinance was adopted that required all vehicles be parked on improved surfaces. The ordinance provided for a $10.00 application fee to the Zoning Board of Adjustment for persons wishing to appeal the requirement to provide an improved parking surface. The fee reduction was in effect for 22 months and only applied to appeals that were generated because of the change in the requirements. Staff recommends that the City Council adopt Ordinance No. 2678. Charles Williams, 2508 Richland, stated twenty years ago the City gave him a permit to fence various portions on his property. The fences were put up for security reasons and he did not believe there should be a time limit on the permit. Mr. Williams stated it is not right to require residents who got permits in the past to make them change due to updated ordinances. Mr. Williams is requested that non-conforming fences in the City of Farmers Branch be grandfathered. Mr. Williams concluded that he hoped the Council would be fair on this issue. Kathleen Matsumura, 3938 Clubway, stated she agreed with Mr. Williams' comments and does not understand why existing fences cannot be automatically grandfathered. Glenn Kipper, 3638 Pebble Beach, thanked the City Council for reducing the fee from $50 to $10 but felt that action on this issue was about five years too late. He stated this issue involves children's safety. Volume 89, page 15 Mr. Kipper asked if there are 150 fences in Farmers Branch that do not comply, why were only 50 citizens notified of non-compliance. Jim Olk, Building Official, stated the reason 50 letters were sent out was because the City offered to schedule personal meetings with the effected homeowners and staff could not schedule 150 meetings in one week. Mr. Olk also stated another 50 - 60 notices had been sent out and the remainder will be sent out the following week. He stated there were three announcements in the Branch Review, which also generated calls on this issue. Deputy Mayor Pro Tem Walden stated the only question before the City Council deals with the issue of the fee reduction for variances. He stated that all citizens have the right to be heard before a body of their peers to request variances for their unique situation. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2678 establishing a $10.00 application fee for the Zoning Board of Adjustment for applications requesting a variance to retain an existing fence in the required front yard. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCE APPENDIX A - FEE SCHEDULES, CHAPTER 94 - ZONING, SUBSECTION (F) RELATING TO APPLICATIONS FOR APPEALS TO THE ZONING BOARD OF ADJUSTMENT; REPEALING ANY ORDINANCE IN CONFLICT HEREWITH AND; ESTABLISHING AND EFFECTIVE DATE. D.2 CONSIDER ACCEPTANCE OF TEMPORARY LETTER OF PERMISSION FROM THE PROPERTY OWNER AT 2638 FARMERS BRANCH LANE, AUTHORIZING THE CITY TO CONDUCT SITE RECONNAISSANCE AND SURVEY WORK FOR THE PURPOSE OF COMPLETING PRELIMINARY DESIGN OF HARDPOINTS AT CROSSING NOS. 1 AND 2 AND AUTHORIZE NEGOTIATIONS FOR A REVISED CONTRACT OR CHANGE ORDER WITH NATHAN D. MAIER CONSULTING ENGINEERS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In October 2001, the City Council approved a contract with Nathan D. Maier Consulting Engineers to complete preliminary design for hardpoints at six sanitary sewer crossings along Farmers Branch Creek. The contract outlined a ten-month completion schedule, with a presentation to the City Council at the conclusion of the contract. The first step in the preliminary design was to obtain site reconnaissance and survey information at each of the six crossings. Beginning in November 2001, the City Volume 89, page 16 attempted to obtain letters of permission from twenty-six property owners near the sanitary sewer crossings. All but one letter from Ms. Gaile Gatcomb at 2638 Farmers Branch Lane was received by the end of January 2002, and the City gave the consulting engineer notice to proceed with the preliminary design at Crossing Nos. 5, 10, 11, and 12. Without permission for access from the property owner at 2638 Farmers Branch Lane, work could not be authorized for Crossing Nos. 1 and 2. Since that time, staff has had numerous conversations, by phone and in person, with Ms. Gatcomb and exchanged various proposals. City staff attempted to address issues raised by Ms. Gatcomb, yet permit the project to move forward in an effective manner. Due to the time constraints outlined in the contract and the desire to maintain the current schedule on Crossing Nos. 5, 10, 11, and 12, Ms. Gatcomb was advised that June 1, 2002 was the last day that the City could accept her letter of permission. The City did not receive the letter of permission from Ms. Gatcomb by the June 1 deadline. Staff notified the consulting engineer on June 3, 2002 that the preliminary design at Crossing Nos. 1 and 2 was terminated. On June 10, 2002, Ms. Gatcomb submitted a second version of the letter of permission that was unacceptable due to the requirements it placed on the contractor. On June 13, 2002, the City received a third version of the letter of permission from Ms. Gatcomb that was consistent with a proposal the City made in April 2002. At this point, no work is being done on Crossing Nos. 1 and 2 and the City will be given a credit of approximately $30,000 on the existing contract with Nathan D. Maier. If it is the desire of the City Council to initiate work at these two crossings, the City would have to negotiate a revised contract or change order with the consulting engineers that would include the original contract costs plus any additional costs, which, at a minimum would include $2,400 for a separate presentation to the Council. Motion to approve Resolution No. 2002-091 to accept the Temporary Letter of Permission/Right-to-Enter 2638 Farmers Branch Lane for the purposes of conducting survey work and site reconnaissance required for preliminary design of hardpoint improvements at sanitary sewer crossing nos. 1 and 2 and negotiate a revised contract or change order with Nathan D. Maier Consulting Engineers. Richard Escalante, City Manager, stated staff spoke with Linda Quina and she has indicated that she would be interested in pursuing a partnership with the City and urged the City to move forward with the preliminary design. Linda Quina, 2634 Farmers Branch Lane, commented that she did not feel that Ms. Gatcomb was not giving the City permission to do work on her property but that Ms. Gatcomb only wanted to control the mechanisms by which access to her property could be gained. Ms. Quina stated she feels this project does not go far Volume 89, page 17 enough to solve the problem and knows this is a very complex problem with no easy solution. Richard Gombeski, 2650 Farmers Branch Lane, read a statement concerning whether the City should accept the Letter of Permission from the property owner at 2638 Farmers Branch Lane. The statement covered three points: (1) Legal reason why the city could refuse to accept the Letter of Permission, (2) additional cost to the City, and (3) overall objective of the project. Mr. Gombeski asked the City Council to accept the Letter of Permission and keep the project moving forward. Glenn Kipper, 3638 Pebble Beach, commented that he had been told that it would cost approximately $34 million to solve the creek erosion problem. He suggested that taxes could be raised or families could give up a meal at McDonald's to solve this creek problem, which would work out to about $80 per home per year. Mayor Pro Tern Bird responded to Mr. Kipper that $80 was a lot of money to some residents of the City. Mayor Phelps stated he feels one property owner has held up this project. The failure to receive the permission has resulted in thousands of dollars wasted in staff time. He stated that anytime there is a project like this with the citizens there has to be some cooperation. Deputy Mayor Pro Tern Walden stated the City budgeted $1.2 million for this project, which is a substantial amount of tax money, and the City takes very seriously the City's responsibility to protect the infrastructure Deputy Mayor Pro Tern Walden stated the City has to balance the needs and wants of all citizens with the finite resources of the City. He stated his personal belief is that Ms. Gatcomb has not dealt with City staff in good faith. There being no further discussion, a motion by Deputy Mayor Pro Tern Walden, seconded by Mayor Pro Tem Bird, all voting "aye," denied acceptance of the temporary letter of permission/right to enter 2638 Farmers Branch Lane. D.3 CONSIDER ADOPTING RESOLUTION NO. 2002-071 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN STREETS AT VARIOUS LOCATIONS TO AMERICAN CIVIL CONTRACTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Public Works Department administers an annual joint and crack seal program as part of a long- range pavement management plan. The Street Maintenance Division currently maintains approximately 300 lane miles of concrete and asphalt streets. The Volume 89, page 18 program goal, over a four-year period, is to seal an average of 25 lane miles per year. The four-year goal will be achieved by sealing 36 lane miles this year by awarding this bid. Bid requests for the 2001-2002 program were opened originally on January 9, 2002. Patch-N-Seal Paving Corp. submitted the lowest bid and was awarded the contract on January 21, 2002. Patch-N-Seal Paving Corp. was unable to obtain the required limits of liability insurance as required by the bid specifications. Council rejected the previously awarded bid to Patch-N-Seal Paving Corp. on May 5, 2002 and authorized re-advertisement. Bid requests were mailed to five vendors. Four bids were received and opened on June 18, 2002, and all bids met specifications. American Civil Contractors submitted the lowest bid meeting specifications in the amount of $81,032.05. Funds in the amount of $81,100.00 are available in the 2001-2002 Public Works operating budget to fund the program. If awarded, the 2001-2002 contract will seal approximately 36 lane miles of joints and cracks and one City parking facility at a cost of $81,032.05. The Director of Public Works recommends adopting Resolution No. 2002-071 awarding the bid for cleaning and sealing of joints and cracks at American Civil Contractors in the amount of $81,032.05. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002-071 awarding the bid for cleaning and sealing of joints and cracks at American Civil Contractors in the amount of $81,032.05. DA CONSIDER ADOPTING RESOLUTION NO. 2002-072 AWARDING THE BID FOR URETEK PAVEMENT STABILIZATION AT VARIOUS LOCATIONS TO URETEK USA, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In the spring of 1999, Public Works staff discussed a proposal with City Council to advertise a single source bid to elevate settled or depressed pavement sections as part of the street section repair program. The proposal was to obtain a bid from Uretek USA, Inc., who has a patent for pressure-injected polyurethane to raise concrete sections that have settled. A bid request for the 2001-2002 Uretek pavement stabilization contract was advertised and sent to one vendor. Two bids were received and opened on May 28, 2002, and one bid met specifications. The bid meeting specifications was from Uretek USA, Inc. in the amount of $351,500.00. Funds in the amount of $350,000 are available in the 2001-2002 Public Works budget for this contract. Quantities of work were estimated, and payment will be made on a unit price basis. The total payment will not exceed $350,000. Volume 89, page 19 The Director of Public Works recommends adopting Resolution. No. 2002-072 awarding the bid for Uretek pavement stabilization. Mayor Phelps stated this product works very well and only takes approximately 30 minutes to dry and be ready to drive on. Mark Pavageaux, Director of Public Works, replied it does take approximately 30 minutes to dry after the injection is completed. Traffic lanes can be opened up within 30 to 60 minutes. Mr. Pavageaux stated this product has been used successfully at various locations throughout the City. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002-072 awarding the bid for Uretek pavement stabilization. D.5 CONSIDER ADOPTING RESOLUTION NO. 2002-073 AWARDING THE BID FOR CONCRETE PAVEMENT SECTION REPAIRS AT VARIOUS LOCATIONS TO JIM BOWMAN CONSTRUCTION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Public Works Department administers an annual concrete pavement section repair program. Ten bids were received and opened on June 4, 2002. The lowest bid was submitted by Reliable Paving in the amount of $163,820. Reliable Paving is currently working on the sidewalk repair contract and curb replacement contract for the City and is experiencing difficulty in coordinating the work and scheduling their operation. Due to these difficulties, staff recommends awarding the bid to the second lowest bidder meeting specifications, Jim Bowman Construction, in the amount of $168,180. Jim Bowman Construction has performed work for the City in the past, and their performance and work were satisfactory. Funds in the amount of $200,000 are available in the 2001-2002 Public Works budget for this contract. Quantities of work were estimated and unit prices were bid for various types of pavement repairs. The Director of Public Works recommends adopting Resolution No. 2002-073 awarding the bid for concrete pavement section repairs at various locations to Jim Bowman Construction in an amount not to exceed $200,000. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," adopted Resolution No. 2002- 073 awarding the bid for concrete pavement section repairs at various locations to Jim Bowman Construction in an amount not to exceed $200,000. Volume 89, page 20 D.6 CONSIDER APPOINTMENT TO DART'S BOARD OF DIRECTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Mr. Mark Enoch was appointed to represent the cities of Farmers Branch, Garland and Rowlett. The term of office for Mr. Enoch expired on July 1, 2002. The cities of Garland and Rowlett have passed resolutions approving the reappointment of Mark Enoch to the Board. A motion by Deputy Mayor Pro Tem Walden, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2002-078 appointed a representative, Mark C. Enoch, to the Dallas Area Rapid Transit Board of directors. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," approved travel to Austin, Texas for Mayor Phelps and Richard Escalante, City Manager, to meet with Lieutenant Governor regarding 4A and 4B Cities. D.8 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. There were no Council committee or organizational reports. 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 7:11 P.M. AND THEN CONCLUDED AT 7:36 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 sale or trade or lease of City owned property or acquisition of property located in the area known as Old Farmers Branch and property at 2425 Valley View Lane and take appropriate action. Discuss right-of-way acquisition associated with the reconstruction of Josey Lane between Valwood Parkway and Fyke Road and take appropriate action. Volume 89, page 21 I E.2 F.1 F.2 Mayor Phelps stated staff was present to discuss these items with the City Council. Discuss pending and contemplated litigation - Texas Government Code Section 551.071 Discuss pending and contemplated litigation of Municipal Court Software with Vision Air and take appropriate action. Mayor Phelps stated staff was present to discuss this item with the City Council. Consider necessary action on items discussed in the Executive Session. Mayor Phelps explained staff updated the City Council on items discussed in Executive Session and no action was necessary. Adjournment. A motion by Deputy Mayor Pro Tem Walden, a second by Mayor Pro Tem Bird, all voting "aye", adjourned the City Council meeting of July 22, 2002 at 10:12 p.m. City Secretary ~i~ Mayor Volume 89, page 22