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2008-10-21 CC MinutesCity of Farmers Branch City Council Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, October 21, 2008 6:30 P.M. Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney City Engineer Director of Community Services Director of Public Works Library Director Police Chief Fire Chief Gary Greer Greg Vick Shanna Sims-Bradish Cindee Peters Pete Smith Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Sid Fuller Kyle King B.I INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Ben Robinson gave the invocation and Cub Scout Troop 838 led the pledge of allegiance. B.2 PRESENTATION OF SERVICE AWARD - RANDY MILLAWAY, PUBLIC WORKS - 25 YEARS. Mayor O'Hare presented a 25-year employee service award to Randy Millaway with the Public Works Department. B.3 PRESENTATION OF SERVICE AWARD - OFFICER CHARLES R. TAYLOR, POLICE DEPARTMENT - 20 YEARS. Mayor O'Hare presented a 20-year employee service award to Officer Charles R. Taylor with the Police Department. Volume 101, page 119 BA REPORT ON STUDY SESSION ITEMS. DART Station design and construction of artwork. Possible options to improve the appearance of IH-35E and other highway corridors. The City Council gave a brief report on items discussed in Study Session. B.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor O'Hare stated 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. Former Mayor Dave Blair presented an application for appointment to the Metrocrest Hospital Authority or the Business Community Relations Committee. A motion by Councilman Koch, a second by Councilman Smith, all voting "aye appointed Mike DelValle and Sherri Wadley to the Business Community Relations Committee. 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 Robinson, a second by Councilman Smith, all voting "aye", approved the Consent Agenda as submitted. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 6, 2008. C.2 ADOPTED RESOLUTION NO. 2008-095 APPROVING THE REQUEST OF METROPCS FOR SITE PLAN APPROVAL FOR A CELLULAR ANTENNA SYSTEM AND ASSOCIATED EQUIPMENT BUILDING TO BE LOCATED ON THE CITY OF FARMERS BRANCH WEST SIDE WATER TOWER SITE AT 13333 DAVIS LANE, WITHIN PLANNED DEVELOPMENT NO. 77. C.3 ADOPTED RESOLUTION NO. 2008-088 AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER TOWER LEASE AGREEMENT WITH METRO PCS, TO INSTALL CELLULAR COMMUNICATIONS EQUIPMENT ON CITY PROPERTY AT 13333 DAVIS LANE, KNOWN AS THE WESTSIDE WATER TOWER SITE. Volume 101, page 120 CA ADOPTED RESOLUTION NO. 2008-096 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF DALLAS FOR BIOTEL SYSTEM BIOMEDICAL ONLINE SUPERVISION SERVICES FOR THE FIRE DEPARTMENT. C.5 ADOPTED RESOLUTION NO. 2008-098 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $16,211.22, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,429 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 12923 EPPS FIELD ROAD. C.6 ADOPTED RESOLUTION NO. 2008-099 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $11,958.47, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,429 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 13615 BRAEMAR DRIVE. C.7 ADOPTED ORDINANCE NO. 3001 AMENDING SECTIONS 26-71 THROUGH 26-77 OF THE CODE OF ORDINANCES AS THEY RELATE TO THE SINGLE FAMILY RENTAL LICENSE, REPEALING ORDINANCE NO. 2999. ORDINANCE NO. 3001 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ONLY SECTIONS 26-71 THROUGH 26-77 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH AS IT RELATES TO SINGLE FAMILY RENTAL LICENSE; REPEALING ORDINANCE NO. 2999; REPEALING ALL OTHER ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.8 ADOPTED RESOLUTION NO. 2008-100 OF THE CITY OF FARMERS BRANCH, TEXAS FINDING THAT ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. C.9 EXCUSED THE ABSENCE OF MAYOR PRO TEM BEN ROBINSON AT THE OCTOBER 6, 2008 MEETING. Volume 101, page 121 C.10 ADOPTED RESOLUTION NO. 2008-103 ADOPTING A UTILITY BILLING IDENTITY THEFT PREVENTION PROGRAM. E.1 CONSIDER ADOPTION OF ORDINANCE NO. 3002 WHICH AMENDS THE CODE OF ORDINANCES AS IT RELATES TO SUBDIVISION WALLS, NEIGHBORHOOD FENCES AND ALLOWABLE DRIVEWAY APPROACH WIDTH IN RESIDENTIAL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Building Official Jim Olk made a presentation on preparing the necessary regulations to address the maintenance of subdivision walls and neighborhood fences that are not owned or maintained by the City. As part of the review process City administration found that existing fence regulations did not insure that subdivision walls and neighborhood fences were required to be maintained as an integral unit. Proposed Ordinance No. 3002 would amend Section 22- 256 of the Code of Ordinances to require that privately owned subdivision walls and neighborhood fences be maintained in good repair, sound condition and uniform in appearance for the entire length of the wall regardless of the ownership or location. Additionally, staff found that existing dimensional limits on driveway approach widths were having an undesirable aesthetic impact in some residential neighborhoods. Current regulations limit the maximum dimensional width of residential driveway approaches to 20 lineal feet for all residential lots. Because a functional driveway must be at least eight feet wide, this dimension does not allow for circular driveways on lots having an existing approach greater than 12 feet in width. Ordinance No. 3002 would amend Section 56- 144 of the Code of Ordinances to allow driveway approach widths equal to 50% of the lot frontage or 30 lineal feet, whichever is less. The amendment would also limit individual driveway approach widths to a maximum of 20 lineal feet and require that multiple driveway approaches on the same lot be separated by at least 20 feet. This amendment would allow more symmetrical driveway configurations and address the limitation issue for lots having an existing driveway approach larger than 12 feet. A motion by Mayor Pro Tem Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 3002 amending the Code of Ordinances as it relates to subdivision walls, neighborhood fences and driveway approach dimensions. ORDINANCE No. 3002 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE 22, CHAPTER VIII, SECTION 22-261 OF THE CODE OF ORDINANCES BY ADDING A NEW DEFINITION FOR "SUBDIVISION FENCE"; AMENDING IN ITS ENTIRETY ARTICLE 22, CHAPTER VIII, SECTION 22-265 OF THE CODE OF ORDINANCES BY REPLACING THE REGULATIONS REGARDING FRONT YARD FENCE REQUIREMENTS WITH REGULATIONS REGARDING MAINTENANCE OF SUBDIVISION FENCES; AMENDING CHAPTER 56, ARTICLE III, SECTION 56-144, SUBSECTION (d) OF THE CODE OF ORDINANCES RELATING TO Volume 101, page 122 DRIVEWAY APPROACH WIDTHS; REPEALING ALL OTHER ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. E.2 PRESENTATION ON CITY FINANCIAL MANAGEMENT ASSESSMENT. City Finance Director Charles Cox made a presentation on an assessment of the City's financial management. This presentation is being made in light of the recent collapse in the financial market and to assure the Mayor, Council, and citizens of the financial strength of the City. Mayor Pro Tern Robinson stated during the hard economic times the City should postpone any expenditures unless they were emergencies for the public welfare and stated he wants it to start tonight. Mr. Gene Bledsoe also asked that the City Council reserve from any unnecessary spending. E.3 CONSIDER ADOPTING RESOLUTION NO. 2008-101 AWARDING THE BASE BID PLUS ALTERNATE 1, ALTERNATE 2, AND ALTERNATE 5 FOR LIBERTY PLAZA TO JESKE CONSTRUCTION COMPANY IN THE AMOUNT OF $399,416.25 AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, gave a presentation on this item. Liberty Plaza is located just south of the Dr Pepper Star Center. A thirty-by-sixty foot, lighted, American flag on a one-hundred-fifty foot flagpole was installed last fall. There is approximately $317,900 available for the construction of additional Liberty Plaza improvements in the 2008-09 Capital Improvement Program, Non-bond CIP Fund. Three bids for additional improvements were received on October 14, 2008. The bids consisted of a base bid and eight alternates. The basis of award is the combination of base bid and alternates that are the most beneficial to the City. Jeske Construction Company submitted the lowest combination of base bid plus Alternate 1, Alternate 2, and Alternate 5 in the amount of $399,416.25. To fully fund the bid award, additional funds are available in the Beautification Projects budget. The base bid plus Alternate 1, Alternate 2, and Alternate 5 will consist of the construction of the entry plaza, all the pathways, the monument in the plaza, all the landscaping and irrigation, and the pathway lighting. The labyrinth, plaza colonnades, reflection pool and lighting, and additional benches and trash receptacles will be constructed later as funds become available. Volume 101, page 123 Mr. Ruben Rendon explained that all he sees is spending by this City Council. Mr. Rendon stated after the area has people then this project should be constructed. Mr. Gene Bledsoe also stated he would like to see this project postponed. Mr. Bledsoe stated he believed it would be five years before any buildings would be constructed in the area. Councilman Koch stated he understands what Mayor Pro Tem Robinson is saying, but felt this project need to go forward. Mayor Pro Tem Robinson again stated this project could be postponed because there is no train or housing in the area. Mayor O'Hare stated this project was needed to start the development in the area because once businesses and residents move into the area they need a park that is close to them. Councilman Froehlich stated he agreed with Mayor O'Hare. Councilman Smith explained that if the construction of this project is postponed, the costs may increase and felt the City should proceed with this project because of this. Councilman Scott stated he also felt the project needed to go forward so the City can continue to grow. A motion by Councilman Scott, a second by Councilman Koch, with Scott, Koch, Smith and Froehlich voting "aye", and Mayor Pro Tem Robinson voting "nay". The motion passed by 4 to 1 to adopt Resolution No. 2008-101 awarding the base bid plus Alternate 1, Alternate 2, and Alternate 5 for Liberty Plaza to Jeske Construction Company in the amount of $399,416.25. EA CONSIDER ADOPTING RESOLUTION NO. 2008-097 APPROVING THE PURCHASE OF NEW STREET SIGNS ALONG VALWOOD PARKWAY, BROOKHAVEN CLUB DRIVE, AND VALLEY VIEW LANE FROM BRANDON INDUSTRIES, INC. IN THE AMOUNT OF $55,102 AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, gave the presentation. The 2008-2009 Capital Improvement Program, Non-bond Fund has $110,000 available for the installation of new street signs and backlit street signs at signalized intersections. Brandon Industries, Inc. is the sole source for the new street signs that the City started installing in 2007. Brandon Industries, Inc. submitted a price for the manufacturing and Brookhaven Club Drive, and Valley View Lane for the amount of $55,102. The balance of the intersections will be completed later this fiscal year. Volume 101, page 124 Brandon Industries, Inc. has stated that, allowing approximately 60 days to manufacture the signs, the installation of new street signs will begin in December 2008 and be completed in January 2009. A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", adopted Resolution No. 2008-097. E.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. STUDY SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:56 P.M., RECESSED AT 6:15 P.M. FOR THE REGULAR SESSION, RECONVENED AT 7:50 P.M. AND THEN CONCLUDED AT 8:13 P.M. TEXAS GOVERNMENT CODE CHAPTER 51 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. F.1 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Evaluation and review of municipal court judges. Staff was present to discuss this item with the City Council. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated no action was necessary on the item discussed in Executive Session. G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", 01.110 3 p.m. adjourned the ' Council meeting of October 21, 2008 at Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 101, page 125