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2008-11-18 CC MinutesCity of Farmers Branch City Council Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 18, 2008 6:30 P.M. The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tern Ben Robinson Deputy Mayor Pro Tern David Koch Councilmembers Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Gary Greer Assistant City Manager Greg Vick Assistant City Manager Sharma Sims-Bradish City Secretary Cindee Peters City Attorney Pete Smith City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Library Director Danita Barber Director of Communications Tom Bryson Police Chief Sid Fuller Fire Chief Kyle King B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Ben Robinson gave the invocation and City Attorney Pete Smith led the pledge of allegiance. B.2 PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD AND CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES & CANADA. Mayor O'Hare presented these awards to Director of Finance Charles Cox. Volume 101, page 136 B.3 PRESENTATION OF THE AMERICAN HEART ASSOCIATION'S FIT-FRIENDLY GOLD LEVEL RECOGNITION TO THE CITY OF FARMERS BRANCH'S HIP-HOP WELLNESS PROGRAM FOR EMPLOYEES, RETIREES, AND DEPENDENTS. The American Heart Association continues to recognize companies who have achieved the Fit-Friendly designation. The City of Farmers Branch's HIP-HOP Wellness Program for employees met the American Heart Association Fit-Friendly designation for Gold Level recognition in 2008. The City's HIP-HOP wellness program encourages healthy lifestyles for its employees, retirees, and dependents. The program provides exercise programs, health education, health screenings, and events that focus on balancing an individual's mind, body, and spirit. The program began in 2005 and has resulted in healthier employees, identifying life-threatening health issues, and lower medical claim expenses. Ms. Kelly Atwood, representing the American Heart Association, presented the award to Mayor O'Hare and Human Resources Director Kathy Shields. B.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor O'Hare stated that 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. There were no applications submitted. A motion by Councilman Koch, a second by Councilman Smith, all voting "aye", approved Resolution No. 2008-109 reappointing Milburn Gravley and George Moninger to the Metrocrest Hospital Authority Board. B.5 REPORT ON STUDY SESSION ITEMS. Advertising campaign by The Family Place. Future ideas concerning Study Sessions. Procedure for appointments and removal of board members. Possible citizen participation process for the Quality of Life Bond issue. Presentation by City Attorney on Open Meetings Act. The City Council gave a brief report on the items discussed in Study Session. C. CONSENT AGENDA 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 Volume 101, page 137 discussion. The concept for consent items is to speed up discussion for those items that need more time for discussion. C.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 4, 2008 AND TAKE APPROPRIATE ACTION. C.2 ADOPTED RESOLUTION NO. 2008-112 AWARDING THE BID FOR THE ANNUAL SUPPLY OF CONCRETE TO REDI MIX CONCRETE. C.3 ADOPTED RESOLUTION NO. 2008-106 APPROVING THE REQUEST OF STANLEY WORKS FOR SITE PLAN APPROVAL FOR A SURFACE PARKING LOT AT 12827 VALLEY BRANCH LANE WITHIN THE PLANNED DEVELOPMENT NO. 24 (PD-24) ZONING DISTRICT. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye", approved the Consent Agenda as submitted. C E.1 PRESENTATION OF CITIZEN SATISFACTION SURVEY RESULTS. The City contracted with National Service Research (NSR) to conduct a citizen satisfaction survey to determine citizen attitudes, opinions, and level of satisfaction with a variety of municipal services. The survey, which was developed by city administration with assistance from NSR staff, asked questions about parks and recreation, library services, city street maintenance, code enforcement, public safety, refuse and recycling collection, and communication with residents. Phone notifications were sent out to the sample at the beginning of September 2008. A total of 400 surveys were completed by phone between the middle of September and the first week of October. Andrea Thomas, President of National Service Research, was present to brief the Council on the important findings of the survey. E.2 CONSIDER ADOPTING ORDINANCE NO. 3005 AMENDING APPENDIX A, SUBSECTION 26-114 OF THE CODE OF ORDINANCES AS IT RELATES TO THE LICENSE FEE FOR APARTMENT COMPLEX RENTAL LICENSES AND TAKE APPROPRIATE ACTION. Mr. Jim Olk, Building Official, gave the presentation. The apartment license program was implemented in 1981. A flat fee of $120 per apartment complex license was established at that time. Through the years the license fee has been periodically adjusted, with the most recent adjustment occurring in 1998 when the license fee was changed to $10.00 per unit. The current apartment inspection program requires that apartment complexes be inspected twice annually. However, if 95% or more of the units in an apartment complex Volume 101, page 138 are found to have no violations, only one annual inspection is required for that complex. In 2008, seventeen apartment complexes were licensed and inspected, three apartment complexes were inspected semi-annually and fourteen complexes were inspected once annually. Based on the 2008 inspection results, the number of complexes that must be inspected semi-annually will increase to eight. The remaining nine apartment complexes will be scheduled for one annual inspection. There are two apartment complexes currently under construction which will bring the total number of apartment complexes to nineteen, comprising a total of 3501 dwelling units. City staff recently completed a review of the costs associated with the apartment licensing and inspection program. Taking into account the increase in the number of semiannual inspections and the increase in total number of apartment units (19 complexes and 3501 units), the cost analysis determined that the existing program will expend $18.10 per unit. City staff is in negotiation with a software vendor to develop an apartment inspection module which would provide automated tenant letters, invoices, license renewal, inspection reporting and an on-line apartment management interface. Overall the implementation of the software should reduce staff resources dedicated to the program. It is projected that this software would have an initial cost of $24,000 with an ongoing annual maintenance cost of $1,500. The new software would be compatible with existing field equipment and code enforcement tracking software. To amortize the cost of the software over a five year period would add $1.80 per apartment unit, bringing the total cost to $19.90 per unit annually. City staff will continue to monitor the program and annually report increases or decreases in the cost of the program which could prompt reconsideration of the apartment license fee. City administration recommends adopting Ordinance No. 3005 increasing the cost of an Apartment Complex Rental License from $10.00 per unit to $20.00 per unit. Mayor Pro Tern Ben Robinson asked how we compared to surrounding cities. Mr. Jim Olk stated Farmers Branch is now the highest on charges for inspection of apartments. Mayor Pro Tern Ben Robinson would like to see a premium charge to repeat violators and not punish apartment complexes that do pass inspection. Mr. David Randall, representing several apartment complexes, stated he would also be in favor of not penalizing apartment complexes that pass inspection. He manages several complexes in Farmers Branch who do pass inspection. Following a short discussion, a motion by Councilman Koch, a second by Councilman Froehlich, all voting "aye", tabled this item until the next City Council meeting to allow staff time to develop options for apartment complexes who have repeated code violations. Volume 101, page 139 E.3 CONSIDER PROPOSED RESOLUTION NO. 2008-104 APPROVING THE SITE PLAN FOR THE NEW WORKFORCE AND CORPORATE CONTINUING EDUCATION CENTER LOCATED ON THE BROOKHAVEN COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE WITHIN THE PLANNED DEVELOPMENT 20 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies made the presentation. This site plan request was presented to the City Council on November 4, 2008. Based on their concerns about storm water drainage within the Brookhaven College campus, the City Council continued the case to allow City Staff and Brookhaven College time to meet and resolve these issues. Since that City Council meeting, a revised site plan has been submitted that will provide approximately 10,000 cubic feet of additional storm water storage on the proposed site and reduce storm water run-off by 16%. The proposed site is located in the northeast corner of the 192-acre Brookhaven College campus on a 2.7 acre tract situated between the existing tennis courts and eastern soccer fields. This site is the location for the new Workforce and Corporate Continuing Education building containing approximately 27,800 square feet in area. It will be set back from Alpha Road more than 500 feet and more than 750 feet from the nearest adjoining property. The building will house classrooms, offices, and meeting rooms to be used for corporate workforce training and continuing education in numerous fields ranging from technical and communications skills to management and leadership development. No additional parking improvements are required to serve this project. The site plan complies with all zoning and property development regulations. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed site plan with the following condition: 1. The entire 192-acre Brookhaven College campus shall be platted, including all proposed fire lanes and utility easements before any Certificates of Occupancy are approved for the proposed Workforce and Corporate Continuing Education Center building. A motion by Councilman Smith, a second by Mayor Pro Tem Robinson, all voting "aye", adopted Resolution No. 2008-104 approving the proposed Site Plan. EA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Volume 101, page 140 MAYOR O'HARE ANNOUNCED THAT NO EXECUTIVE SESSION WAS HELD TONIGHT. G.1 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", adjourned the City Council meeting of November 18, 2008 at 7:26 p.m. Tim O'Hare, Mayor Cindee Peters, City Secretary 1 Volume 101, page 141