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2001-05-21 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 21, 2001 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Calla Davis Charlie Bird Jim Robbs Paul Walden Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to City Manager Assistant to City Manager City Attorney City Secretary Communications Director Director of Community Services Director of Planning City Engineer Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Director of Finance Fire Chief Director of Public Works Recording Secretary Richard L. Escalante Linda Groomer John Burke John Roach Margaret Somereve John Boyle Cindee Peters Tom Bryson Michael Spicer Kaizer Rangwala Jerry Murawski Jeff Fuller Don Moore Mary Jane Stevenson Jim Fawcett Charles Cox Kyle King Mark Pavageaux Suzanne Reynolds Mayor Phelps called the City Council meeting of May 21, 2001 to order at 7:35 P.M. The meeting was televised. Volume 86, page 48 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. The Four Hoarsemen sang "God Bless America" as the invocation and Councilman Robbs led the pledge of allegiance to the flag. A.2 PERFORMANCE BY THE FOUR HOARSEMEN OF THE FARMERS BRANCH BARBER SHOP SONG. Mayor Phelps presented a proclamation to Will Nieberding with the Four Horsemen Barbershop Quartet and presented Honorary Citizen Certificates to Bob Rycroft, Ted Russell, and Doug Capener. The quartet then performed "their song about the City the City of Farmers Branch" which had first been performed as a surprise to the congregation at Christ United Methodist Church during a talent show last year. A.3 RECOGNITION OF KIRK CONNALLY FOR HIS SERVICE TO THE PLANNING AND ZONING COMMISSION Mayor Phelps read a proclamation declaring May 21, 2001 as Kirk Connally Day in Farmers Branch. Mr. Connally has been a member of the Planning and Zoning Commission, for 14 years. He also participated in the creation of the City's Comprehensive Plan and dedicated many hours reviewing development applications. A.4 PRESENTATION OF CITIZEN RECOGNITION AWARDS AND EXCELLENCE IN SERVICE AWARD BY THE FIRE DEPARTMENT. Mayor Phelps presented awards to Charles Cox, Tim Dedear, and Imelda and Melissa Salazar for their selfless efforts to assist citizens. Mr. John Burke was also recognized but could not be present. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a ten-year employee service award to Angelo Nigo of the Fire Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 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. Volume 86, page 49 A.8 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps announced that Farmers Branch had chosen Mrs. June Thompson as Woman of the Year. Former Women of the Year were present to congratulate Mrs. Thompson. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. A motion by Mayor Pro Tem Davis, seconded by Councilman Robbs all voting "aye," approved the Consent Agenda as presented. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 21, 2001. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF MAY 10, 2001. B.3 ADOPTED RESOLUTION NO. 2001-011 ACCEPTING A UTILITY EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY EXIDE CORPORATION FOR THE CONSTRUCTION OF A 12-INCH WATER MAIN. B.4 ADOPTED RESOLUTION NO. 2001-008 ACCEPTING A UTILITY AND SIDEWALK EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY EXIDE CORPORATION FOR SIDEWALK IMPROVEMENTS AND PUBLIC UTILITIES. B.5 ADOPTED RESOLUTION NO. 2001-042 AWARDING THE BIDS FOR WATER METERS AND STRAINERS FOR THE PUBLIC WORKS UTILITIES DIVISION. B.6 ADOPTED RESOLUTION NO. 2001-045 AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION TO THE AGREEMENT WITH REED ENGINEERING GROUP FOR ENGINEERING, HYDROLOGY AND GEOTECHNICAL SERVICES AT THE CITY'S CAMELOT LANDFILL FACILITY. B.7 ADOPTED RESOLUTION NO. 2001-046 TO AMEND AN AGREEMENT WITH EA ENGINEERING SCIENCE AND TECHNOLOGY FOR THE LEAD REMEDIATION OF THE FORMER POLICE FIRING RANGE. Volume 86, page 50 B.8 ADOPTED ORDINANCE NO. 2610 AMENDING CHAPTER 86, ARTICLE IV, DIVISION 2, SECTION 86-303 - DEPOSITS FOR SERVICE AND APPENDIX A - FEE SCHEDULE, SECTION 86-303, OF THE FARMERS BRANCH CODE OF ORDINANCES. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 86, ARTICLE IV, DIVISION 2, SECTION 86-303 - DEPOSITS FOR SERVICE AND APPENDIX A - FEE SCHEDULE, SECTION 86-303, OF THE FARMERS BRANCH CODE OF ORDINANCES. B.9 ADOPTED RESOLUTION NO. 2001-047 AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL COOPERATIVE CONTRACT WITH DALLAS COUNTY TO PROVIDE CONSOLIDATED TAX COLLECTION SERVICES FOR THE CITY. Mayor Phelps read the following agenda item. B.8 ADOPTED ORDINANCE NO. 2610 AMENDING CHAPTER 86, ARTICLE IV, DIVISION 2, SECTION 86-303 - DEPOSITS FOR SERVICE AND APPENDIX A - FEE SCHEDULE, SECTION 86-303, OF THE FARMERS BRANCH CODE OF ORDINANCES. Mayor Phelps presented the following information. The City of Farmers Branch, the Carrollton-Farmers Branch Independent School District, the Farmers Branch Chamber of Commerce, the Metrocrest Chamber of Commerce, and many area utilities and businesses have joined together to study providing possible incentives to attract new teachers to the school district. A shortage of teachers in the state creates an opportunity for the City to help attract teachers to help provide for a more educated and prosperous community. Currently, new teachers do not receive a paycheck from the school district until they have worked six weeks on the job. Moving costs, utility deposits, and six weeks without a paycheck creates a financial burden for new teachers. New residential water customers of the City currently are required to pay a $50 deposit when obtaining service. Waiving this deposit for Carrollton- Farmers Branch Independent School District teachers would provide an incentive for teachers to come to the school district. Staff recommends adopting Ordinance No. 2610 amending Chapter 86, Article IV, Division 2, Section 86-303 - Deposits for Service, and Appendix A - Fee Schedule, Section 86-303, of the Farmers Branch Code of Ordinances stating that no deposit shall be required for new residential Volume 86, page 51 service for a teacher of the Carrollton-Farmers Branch Independent School District. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF AT&T WIRELESS SERVICES FOR APPROVAL OF A SPECIFIC USE PERMIT FOR NINE TELECOMMUNICATION ANTENNA PANELS TO BE MOUNTED ON AN EXISTING TXU TRANSMISSION TOWER AND ASSOCIATED EQUIPMENT AT 13653 INWOOD ROAD WITHIN THE PD-41 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is proposing nine cellular communication antenna panels to be mounted 50 feet above grade on a TXU electrical transmission tower. Placement at that height requires a specific use permit due to a minimum 75-foot height requirement for mounted antennas by the Comprehensive Zoning Ordinance. A 274 square-foot associated equipment building is proposed north of the transmission tower. Access to the antenna facility and parking for service vehicles shall be provided by a proposed driveway and parking space on the north and west sides of the equipment building. Both the transmission tower and the proposed equipment building are to be screened by evergreen shrubs. The subject property is owned by TXU and maintained by the North Dallas Athletic Club with the cost being split between the City of Farmers Branch Parks and Recreation Department and the club. AT&T Wireless Services shall provide and maintain landscaping and an irrigation system for the antenna installation, separate from, but coordinated with, the City's irrigation and maintenance for Stanford Park. The Planning and Zoning Commission unanimously recommends approval of the specific use permit subject to the associated site plan and the following conditions: All landscaping, irrigation installation, and maintenance for the antenna system shall be the sole responsibility of AT&T Wireless Services, L.L.P., or assigns or successors. The irrigation system provided by AT&T Wireless Services, L.L.P. shall be separate from the existing Stanford Park irrigation system; however, the watering schedule shall be coordinated with North Dallas Athletic Club. The existing irrigation system shall be modified by AT&T Wireless Services, L.L.P., as Volume 86, page 52 appropriate, to accommodate installation of the antenna system and related improvements. A copy of the maintenance contract(s) for the landscaping and irrigation systems shall be provided to the City of Farmers Branch Community Services Department, subject to review and approval by the City of Farmers Branch Parks and Recreation Department, before issuance of a Certificate of Occupancy for the antenna installation. AT&T Wireless Services, L.L.P., shall provide the City copies of any renewals of said contracts. The antennas, associated equipment building, and any other associated equipment approved by the proposed site plan shall be removed within 60 days of discontinuance of operation of the antenna system and the TXU transmission tower and park area shall be restored to pre-installation conditions. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Mayor Pro Tem Davis, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved the following Captioned Ordinance No. 2609 for a Specific Use Permit and associated site plan with the conditions recommended by staff. 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 FOR NINE CELLULAR COMMUNICATIONS ANTENNA PANELS TO BE MOUNTED ON THE NORTHEAST, NORTHWEST, AND SOUTHEAST CORNERS OF THE TXU TRANSMISSION TOWER LOCATED AT 16563 INWOOD ROAD NEAR THE NORTHEAST CORNER OF INWOOD ROAD AND ALPHA ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 41 ZONING DISTRICT. C.2 PUBLIC HEARING: CONSIDER THE REQUEST FROM MCDONALD ASSOCIATES ON BEHALF OF DARRELL SCOTT MCGINNIS TO REPEAL ORDINANCE 2564 WHICH ALLOWS AN INTERIM SPECIFIC USE PERMIT FOR A LANDSCAPING AND NURSERY FACILITY INCLUDING OUTDOOR STORAGE LOCATED AT 13337 BEE STREET AND 2428 HAVENHURST STREET, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH - GENERAL BUSINESS ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. 0 Volume 86, page 53 Mayor Phelps presented the following information. During September 2000, Ordinance 2564 was approved allowing an overlay interim specific use permit for a landscaping and nursery facility including outdoor storage for the properties located at 13337 Bee Street and 2428 Havenhurst Street. The purpose of this interim specific use permit was to allow the landscaping and nursery facility located at 13337 Bee Street to expand and incorporate the residential property located at 2428 Havenhurst Street as part of its business operations. The overlay interim specific use permit expires on March 30, 2002. The owner of the landscaping and nursery facility located at 13337 Bee Street has decided not to expand its business and has sold the residential property located at 2428 Havenhurst Street. The new property owner wants to use the existing residential structure located at 2428 Havenhurst Street as a single family residential use; however, Ordinance 2564 must be repealed since the ordinance presently prohibits the property located at 2428 Havenhurst Street from being used as a single family residential use. If this ordinance is repealed, (1) the existing residence located at 2428 Havenhurst Street shall be brought back to its existing condition at the time of adoption of Ordinance 2564 and the property shall return to a legal conforming single family residential use; and (2) the property located at 13337 Bee Street will continue to operate as a landscaping and nursery facility, including outdoor storage, in accordance with its existing specific use permit and associated site plan approved by Ordinance 1925 during 1991. The Planning and Zoning Commission, by unanimous vote, recommends approval of repealing Ordinance 2564. Mayor Phelps opened the public hearing. Robert Baldwin, 270 N. Denton Tap, Suite 100, Coppell, representing the applicant stated he would be available to answer any questions the Council may have. Mr. Baldwin stated in response to Councilman Robbs' request, he tried getting in touch with his client to discuss the issue regarding trash. He stated he was unable to speak to him; he was out of the office. He did state he would get in contact with his client to make him aware of the concerns of the Council and to keep his property clean. Mr. Baldwin stated he drove by the property after Study Session to see if the property was clean and it appeared to be in good condition. Councilman Robbs thanked Mr. Baldwin for the information. Charlie Williams, 2508 Richland, stated he is concerned about the outside storage and trash. He stated since DART will be coming into the area it would be best to have it cleaned it up. Volume 86, page 54 A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. Mayor Phelps replied to Mr. Williams' concerns about the building. He stated the nursery that is presently at that location would be moving to a new location on the southwest side of Valwood/I-35 within the next two months. A motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance 2611 repealing Ordinance 2564, 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, AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 2564 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF 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 west side of Denton Drive. For the past four years, the North Central Texas Farmers Market Corporation has leased space from the City 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 fanners 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 7:00 a.m. and 5:00 p.m. from May 23, 2001 through December 31, 2001. Produce to be sold will be home grown by individual farmers within a 150- mile radius of the metroplex. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit- Interim Use and associated site plan, with the following conditions: Volume 86, page 55 1. The farmers market shall operate on Wednesday and Saturday of each week during the hours of 7:00 a.m. until 5:00 p.m. 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 23, 2001 through December 31, 2001. 3. The metal awning frame structure, and the awning and sign, shall be removed from the site when the Specific Use Permit-Interim Use expires on December 31, 2001, or when the use of the property is no longer needed, whichever occurs first. Mayor Phelps opened the public hearing. Sammy Mitchell, Rt. 3, Box 772, Nocona, Texas, stated the North Central Texas Farmers Corporation is looking forward to being in Farmers Branch this year. He stated things are looking better this year. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Councilman Bird asked if "or until sold out" could be added to Ordinance No. 2607. Mayor Pro Tem Davis asked Mr. Mitchell when Farmers Market would open. Mr. Mitchell replied they would open on Saturday, May 26, 2001. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem Davis, all voting "aye," adopted the following captioned Ordinance 2607 and associated site plan, with the three conditions recommended by the Planning and Zoning Commission, to operate between the hours of 7:00 a.m. and 5:00 p.m. or until sold out. 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 23, 2001 AND EXPIRING ON DECEMBER 31, 2001 TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN A 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 Volume 86, page 56 THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. CA 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 $103,185 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2001. Projects that are eligible for community development block grants are those projects that promote low-income home ownership, improve or maintain existing low to moderate income neighborhoods or eliminate community-threatening conditions. 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/moderate residents a forgivable loan up to $25,000 for home repairs. Since 1994 the City has received $426,082 for this program with the completion of 21 homes and two currently under construction. The County expects to have 5 more homes completed this summer. However, due to the Housing and Urban Development (HUD) Department new regulations on lead based paint, the County has asked that cities do not request funds for the HOME program this year. These regulations are strict and the County does not believe that there will be eligible contractors identified to continue with the HOME program for this year. If HUD significantly changes or rescinds its regulations or enough contractors become eligible under the new regulations to make the program feasible, then the City can reallocate any unencumbered funds to the HOME program at that time. 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 an input on how the money should be spent. Funding proposals must be submitted to Dallas County by June 20. A resolution will be prepared for Council approval at the June 4th meeting. Staff recommends that a public hearing be held for public input on the use of Community Development Block Grants. Conduct the public hearing. Mayor Phelps opened the public hearing. As there was no one present to address this subject, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," closed the public hearing. Volume 86, page 57 Richard Escalante stated since the public hearing was held and has been closed, the next course of action would be for Council to give staff direction relative to the use of CDBG funds. He stated staff recommended that the funds be used to replace the waterline in an area that meets the criteria as established by the regulations. Councilman Walden asked to have a detailed recommendation by staff. Mr. Escalante asked Margaret Somereve to outline the requirements and restrictions on the use of Community Block Grant funds. He stated this dictates the options the City has available. Margaret Somereve, Assistant to the City Manager, stated Community Block Grant Funds are only allowed to be used for projects that benefit low to moderate- income residents. She stated Farmers Branch does have low to moderate-income residents mainly in the area of the apartment complexes on Josey near Fyke. She stated there is a waterline that was built in 1966, which broke twice during the week of May 6, 2001, leaving the residents without water for periods of time. She stated staff is recommending that this line be replaced. It is not part of the five- year capital improvement project plan, but it does meet all the Community Block Grant requirements for projects. Mr. Escalante stated the City would like to recommend continuation with the home program but new regulations make it prohibitive. He stated there had been funding of other things including a portion of a code enforcement officer. He stated because of the cost of the waterline the City would have to absorb that cost of approximately $20,000 in next year's budget. There being no further discussion, a motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting, "aye," directed staff to prepare the application for the waterline repair. D.l CONSIDER ADOPTING ORDINANCE NO. 2608 AMENDING THE CITY'S 2000-2001 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff presented City Council with updated operating and capital improvements program (CIP) budget projections as part of the Mid-Year Budget Review on May 10, 2001. Ordinance No. 2608 amends the 2000-2001 fiscal year operating and CIP budget to reflect the mid-year budget changes discussed during the Mid-Year Budget Review. This budget amendment includes expenditure and revenue adjustments Volume 86, page 58 made within each operating fund. Additionally, several project additions and enhancements have been made. Each change is consistent with the long-term financial objectives of the City and will permit the City to end the fiscal year in good financial health. Staff recommends the adoption of Ordinance No. 2608 amending the 2000-2001 fiscal year operating and CIP budget. Mr. Escalante reviewed the city's mid-year financial condition. He stated that the amended budget provides that major projects, including the new Recreation Center and Library expansion to be fully funded without requiring any new debt. Mr. Escalante stated the City Council's action at the last Council meeting directed staff to work with the citizens in regard to the creek. He stated this budget provides funds for consulting services so this project can go forward. He stated it also provides $280,000 for work on improvements to two parallel utility lines that need to be protected. He stated that the City is moving forward with plans to create hardpoints. He stated staff has identified where the funds would come from and that it would be budgeted in next year's budget. Mr. Escalante stated the Mayor has asked that the Finance Director brief the City Council on the increase in the taxable property value in Farmers Branch. Charles Cox, Finance Director, reviewed the contents of an article published in the Dallas Morning News that estimated the increase in taxable values of all cities in the Dallas County area. The article estimated that the City of Farmers Branch was to have an increase in taxable property value of 14.3%. Mr. Cox explained that due to protests of new values by property owners this 14.3% increase would be reduced by the time the values were certified in July. He estimated that overall growth, excluding new construction, would be a 6.2% increase, and for residential a 7.3% increase. He stated the protest deadline with the Dallas Central Appraisal District is May 31, 2001. Mr. Escalante asked Mr. Cox what the total projection including new construction was. Mr. Cox replied that, excluding new construction, taxable property value growth is 6.2% and including new construction is 9.3%. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2608 amending the 2000-2001 fiscal year operating and CIP budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2000-2001 FISCAL YEAR OPERATING Volume 86, page 59 BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING ORDINANCE NO. 2605 GRANTING A CABLE FRANCHISE TO TCI CABLEVISION OF DALLAS FOR TERM OF TEN YEARS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch granted a franchise to Warner Cable in 1980 for a period of 15 years. Subsequent to that, the franchise was transferred to Heritage Cable and then to TCI Cable. The transfer to TCI added an additional 5 years to the term of the current franchise expiring November 2000. Staff has been involved in negotiations since 1997. The negotiations lasted past the expiration date and Council has extended the franchise three times with the current extension expiring June 1, 2001. What has changed most since the original 1980 ordinance are the federal laws and regulations regarding cable television. Congress passed the Cable Communications Policy Act of 1984, the Cable Act of 1992 and the Telecommunications Act of 1996. These three acts have changed the way cable television is regulated. Ordinance No. 2605 takes into consideration all of these law changes. Staff recommends adopting Ordinance No. 2605 granting a cable franchise to TCI Cablevision of Dallas for a term of ten years. Mr. Escalante stated staff has been working on the franchise for several years. He also stated the changes in federal law have necessitated changes and in some cases resulted in substantial restrictions in this franchise. Margaret Somereve, Assistant to the City Manager, reviewed the history of the original franchise beginning in 1980. She stated the original franchise did not take into account many items such as customer service standards, liquidated damages, and accountability. Ms. Somereve stated in this franchise the City has added customer service standards, liquidated damages and issues pertinent to Farmers Branch. She stated staff feels confident that TCI and the City have worked out a very good franchise. She stated she and representatives from AT&T and C2 Consulting are present to answer any questions the Council may have. Councilman Bird stated in the last year he has had no complaints on TCI. Ms. Somereve replied that complaints have decreased significantly. Volume 86, page 60 Councilman Bird stated since the new fiber optic cable has been installed it seems to have resolved the problems. Ms. Somereve replied part is from fiber optics that were installed in the fall of 1999 and TCI has restructured their personnel to handle complaints and this has streamlined the process. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2605 granting a cable franchise to TCI Cablevision of Dallas for a term of ten years. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING TO TCI CABLEVISION OF DALLAS, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE FOR THE TERM OF TEN YEARS, TO ERECT, MAINTAIN, AND OPERATE A CABLE SYSTEM IN THE CITY OF FARMERS BRANCH, TEXAS; TO ERECT, MAINTAIN, AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC CONDUCTORS, CONDUITS, MANHOLES, AND OTHER STRUCTURES AND APPURTENANCES IN, OVER, UNDER, ALONG, AND ACROSS THE PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY IN THE CITY; PRESCRIBING COMPENSATION FOR THE RIGHTS, PRIVILEGES, AND FRANCHISE CONFERRED HEREUNDER; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH BUSINESS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-044 AUTHORIZING THE CITY MANAGER TO PURCHASE COMPUTER NETWORK EQUIPMENT FOR THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1998, the Manske Library received a Texas State Telecommunications Infrastructure Fund (TIF) grant to install a Local Area Network (LAN) to allow library users to access the Internet and search electronic databases from any computer in the building. The Library has received another TIF grant to upgrade the LAN, increase the number of public access computers by 12, and provide 12 laptops and wireless technology to use for training in either of the Library's meeting rooms or in other City facilities. Three quotes were received from vendors for the computer network equipment provided for in the grant. Vendors submitted quotes by type of equipment Volume 86, page 61 category and did not have to bid in all categories. Three vendors provided the lowest quotes meeting specifications in different categories for a total amount of $82,195.64. Funds in the amount of $91,324.00 are available from the Telecommunications Infrastructure Fund grant. Staff recommends adoption of Resolution No. 2001-044 authorizing the City Manager to purchase computer network equipment in a total amount not to exceed $82,195.64. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2001-044 authorizing the City Manager to purchase computer network equipment for the Local Area Network at the Manske Library. DA CONSIDER ADOPTING RESOLUTION NO. 2001-039, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DALLAS, GARLAND AND NORTHEASTERN RAILROAD COMPANY TO REPLACE THE SPRING VALLEY AND INWOOD ROAD RAILROAD CROSSING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In the 2000-2001 budget year Council approved an annual railroad crossing replacement program. An agreement has been prepared for Dallas, Garland and Northeastern Railroad Company to replace the railroad crossing at the intersection of Spring Valley and Inwood Road. The replacement includes removal of the old crossing materials, concrete street panel repairs, and the installation of new pre-fabricated concrete crossing panels. It is estimated that all work can be completed in one weekend. The Dallas, Garland and Northeastern Railroad Company will utilize two contractors to complete the crossing. Railroad Repair and Maintenance, Inc. will remove and replace the existing crossing. Phillips May Corporation will complete the concrete street panel repairs at the same time the crossing is installed. The total of the estimates received is $112,950.50. The City of Farmers Branch is responsible for all barricading and traffic control. The total amount for replacing the railroad grade crossing, concrete panel repairs, barricading and traffic control should not exceed $150,000.00. The railroad crossing replacement program is budgeted in the amended Non-Bond Capital Improvement Fund with available funds in the amount of $150,000.00 The Director of Public Works recommends adopting Resolution No. 2001-039 authorizing the execution of an agreement with Dallas, Garland and Northeastern Railroad Company for railroad crossing replacement at Spring Valley and Inwood Road. Volume 86, page 62 There being no discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2001-039 authorizing the execution of an agreement with Dallas, Garland and Northeastern Railroad Company for railroad crossing replacement at Spring Valley and Inwood Road. D.5 CONSIDER ADOPTING RESOLUTION NO. 2001-038 AWARDING THE BID FOR THE 2000-2001 SIDEWALK REPAIRS AND CONSTRUCTION AT VARIOUS LOCATIONS AND TAKE APPROPRIATE ACTION. Requests for bids for the 2000-2001 sidewalk repairs and construction program were mailed to ten vendors. The bid request was prepared on an estimated number of repairs, with unit price bids to allow staff to stay within budget. The contractor will only be paid for the work actually preformed. Five bids were received and opened on April 24, 2001, and all bids met specifications. The lowest bid meeting specifications was submitted by Lands Construction, Inc. in the amount of $108,394.74. All bids were based on estimated quantity and will be awarded on a unit price basis. Total funds in the amount of $159,400.00 are included in the 2000-2001 Public Works operating budget for this program. Funds in the amount of $119,400.00 are available for the repairs of sidewalks with an inch and half vertical displacement. Funds in the amount of $20,000.00 are available to repair sidewalks with spalled surfaces. Funds in the amount of $20,000.00 are available for the conversion of an asphalt pathway to concrete on Valley View Lane at Templeton Trail. The Director of Public Works recommends that the bid adopting Resolution 2001- 028 awarding the bid for the sidewalk repairs and construction at various locations be awarded to Lands Construction, Inc. on a unit price basis, for a total not to exceed $159,400.00. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2001-038 awarding the bid for sidewalk repairs and construction at various locations. D.6 CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND THE SCHOOL- COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is a vacancy on the Zoning Board of Adjustment and the Building Code Board of Appeals with the appointment of Ben Robinson to the Planning and Zoning Commission. Volume 86, page 63 A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," appointed Tim O'Hare to Alternate Place 1 and Linda Wood to Alternate Place 2 with appropriate letter. The following members of the School-Community Relations Committee have terms that will expire or who have resigned. Pam Binford, Patricia Link, Sharon Williams, Pam Silver, and Debra Marshall. Mayor Phelps asked Council to bring back names to the next City Council meeting for the School-Community Relations Committee. A motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," reappointment the following to the School-Community Relations Committee for a 3 year term. The members include: Pam Binford, Patricia Link, Sharon Williams, Pam Silver, and Debra Marshall. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis stated Sister Cities International is having a convention in July 2001 in Atlanta. She requested approval for travel for any Councilmembers and for Janie Scarbrough to attend the convention. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," approved travel to Atlanta for the Sister Cities International Convention for Councilmembers and Janie Scarbrough. Richard Escalante, City Manager, stated the international Republican Institute, a not-for profit organization, not the Republic Party, has invited him, to conduct seminars with local leaders and officials in Serbia. He stated he was asked to speak on management of reform, consensus building, setting priorities, working with bureaucracies, and other topics set by the officials in Serbia such as problems they may be facing in local government. He stated he was also invited to be a guest lecturer at the Center for Modern Skills in Belgrade and to consult with the Standard Conference of Cities. He stated the International Republican Institute program is funded by the Federal Government Agency for International Development. He stated other than his time away from the City the cost to the City would be minimal. He stated the International Republican Institute would pay for transportation, hotel, and most other expenses. Mayor Phelps stated this is an honor not only for the City Manager but also for the City of Farmers Branch. He stated Mr. Escalante has been the only City Manager in the United States to be asked to participate in this program. He stated this is a great honor. Volume 86, page 64 Councilman Moses stated this is the second time the City has been honored as a City because of the City Manager. He stated the Council is very proud that he has been selected to participate in the program. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," approved travel for Richard Escalante, City Manager, to attend the International Republican Institute program in Serbia. D.8 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Pro Tem Davis stated the Sister City Committee met several weeks ago. The committee is planning for 28 young students from Garbsen, Germany to visit Farmers Branch in September for about a week. She stated this is a student exchange program and the housing has been arranged. Councilman Moses stated last Saturday morning, May 19, 2001, the City had a volunteer program "KidFish" and he complimented the Parks and Recreation Department and Jeff Fuller and the many volunteers who made it possible. He stated there were a lot of volunteers and over 600 children participated. D.9 CITIZEN PARTICIPATION. Dennis Redwine, 2624 Dixiana, asked if the $280,000 budgeted for the creek would be used for the 28-hardpoint plan. Mr. Escalante replied no, the $280,000 would be used for improvements to the two parallel utility lines. Mr. Redwine asked if the work that was being done to stabilized the sewer lines is parallel to the efforts to work with the home owners down the creek. Mayor Phelps stated the $300,000 approved goes toward the hardpoints. Gail Gatcomb, 2638 Farmers Branch Lane, asked if the City has any responsibility for the property at the southwest corner of Marsh and Valley View not being approved by the EPA. She asked if staff had followed up with the EPA or is it the City's obligation. Mr. Escalante stated the zoning and the EPA issues are separate. The City has responsibility for the zoning issues not the EPA issues. However, staff did contact EPA and discussed this issue with them and it was determined that the EPA would be handling this issue. Volume 86, page 65 Ms. Gatcomb asked again if it is the City's responsibility to require the developer to apply for an EPA permit and are they in compliance with the EPA regulations. Mr. Escalante replied the City is not involved in the EPA permitting process. Ms. Gatcomb asked if the City could be fined for not requiring the EPA permit or compliance. Mr. Escalante replied no. Mr. Escalante asked Mr. Spicer to provide an update on this process. Michael Spicer, Director of Community Services, stated the Courtyards did file a notice of intent and a storm water pollution plan. He stated his staff visited the site and reviewed the plan in January. He stated several deficiencies were noted in the plan and the EPA was notified. Mr. Spicer stated additional information was provided to the EPA after their request. He stated the EPA was going to issue an administrative order, which means that the developers will have to appear before the EPA to explain their efforts to comply with the EPA requirements. Charlie Williams, 2508 Richland, thanked the Council and the Engineering Department for the improvements to Richland Street and sidewalks. He stated a lot of money has been spent on the creek problem and Farmers Branch citizens do not want drainage fees. He stated that it is the homeowners' responsibility to maintain their property and taxpayer money should not be spent on private property. Mr. Williams stated the Council made the right decision on allowing development on the Courtyard property. He also commended the City for their pay-as-you-go capital improvement plan. Mr. Redwine commented that in his opinion the City has a drainage problem and it needs to be resolved. Traditionally these problems are funded with drainage fees. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:03 P.M. AND CONCLUDED AT 7:27 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 Meeting with City Attorney pursuant to Texas Government Code Section 551.071 (2) and 551.072. Volume 86, page 66 1. Relative to the attorney's advice on a contract with Giltner Custom Homes and discussion of the potential sale of City owned single-family real estate in Branch Crossing as required by the Texas Disciplinary Rules of Professional Conduct. Mayor Phelps explained Staff was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps called for necessary action. A motion by Councilman Robbs, a second by Councilman Walden, all voting "aye", gave approval for Giltner Custom Homes to assign one property to Aidan Creek Homes and continue to hold Giltner Custom Homes responsible for the July 28, 2001 deadline to finish the home currently under construction. The City Manager indicated the details of the conditions of the assignment: The City is prepared to approve the Assignment of 12928 Epps Field Road to Aidan Creek Homes assuming the terms of the final Assignment and Assumption Agreement are acceptable to the City. Those terms shall include but not be limited to the following: 1.) The proposal received from Mr. David Koch, representing Aidan Creek Homes, on April 6, 2001 will become an exhibit to the Assignment Agreement. 2.) Aidan Creek Homes, regardless of the form of the entity, corporation, partnership, sole proprietorship, shall be required to have both principals sign all documents. 3.) The purchase of the lot from the City by Aidan Creek Homes must occur on or before June 15, 2001. 4.) The completion of the home must occur on or before May 1, 2002. 5.) Aidan Creek Homes must submit (prior to execution of any amendment) dates that are acceptable to the City for the demolition or removal of the existing structure from the lot, and commencement of construction. Giltner shall receive no compensation for this assignment. The assignment also provides that the City reserves any rights it may have with respect to Giltner's contract relative to 12928 Epps Field Road. F.2 Adjournment. A motion by Councilman Moses, a second by Mayor Pro Tem Davis, all voting "aye", adjourned the City Council meeting of May 21, 2001 at 9:43 p.m. Mayor City Secretary Volume 86, page 67