City of Farmers
Branch
City Council Regular
Meeting Agenda
City Hall Plaza
13000 William Dodson
Parkway
Farmers Branch, Texas
Tuesday, May 25, 2004
7:30 P.M.
The following
members of the City Council were present:
Mayor Bob
Phelps
Mayor
Pro Tem Paul Walden
Deputy
Mayor Pro Tem Bill
Moses
Councilmembers Charlie
Bird
Junie
Smith
Ben
Robinson
The following
members of Administration were present:
City
Manager Linda
Groomer
Assistant
City Manager Mary
Jane Stevenson
Assistant
City Manager Greg
Vick
City
Secretary Cindee
Peters
Assistant
to the City Manager Margaret
Somereve
City
Attorney John
Boyle
Finance
Director Charles
Cox
Director
of Economic Development Norma
Nichols
Fire Chief Kyle
King
Police
Chief Jimmy
Fawcett
Acting
Library Director Kate
Lyon
City Engineer Jerry
Murawski
Director
of Communications Tom
Bryson
Director
of Public Works Mark
Pavageaux
Director
of Equipment Services Don
Moore
Director
of Parks and Recreation Jeff
Fuller
Recording
Secretary Suzanne
Reynolds
Mayor Phelps called
the City Council meeting of May 25, 2004 to order at 7:31 p.m. The meeting was televised.
A.1 INVOCATION
AND PLEDGE OF ALLEGIANCE.
Mayor Pro Tem
Walden gave the invocation and led the pledge of allegiance.
A.2 PRESENTATION OF AN APPRECIATION AWARD FOR THE TOURNAMENT OF CHAMPIONS SOFTBALL TOURNAMENT TO THE CITY OF FARMERS BRANCH PARKS AND RECREATION DEPARTMENT.
Tournament Director Renee Putter
presented a plaque to the City of Farmers Branch and staff members of the Parks
and Recreation Department for helping make the tournament a success.
A.3 PRESENTATION
OF THE FARMERS BRANCH WOMAN OF THE YEAR.
Mayor Phelps announced Helen
Bridgforth as the 2004 Woman of the Year for the City of Farmers Branch. Mayor Phelps presented Ms. Byrd with a
bouquet of flowers as she was congratulated by the City Council.
A.4 PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a 5-year
employee service award to Linda Dietert of the Manske Library.
A.5 CANVASS THE ELECTION RETURNS OF MAY 15,
2004 CITY COUNCIL ELECTION.
Mayor Phelps presented the following
information. It appearing that Charlie
Bird received a majority of the votes cast for the office of Councilperson,
Place 1, and is hereby declared to be elected to said office to serve after
qualifying until the regular municipal election in 2007, and until a successor
shall have been elected and shall have qualified.
It appearing that Bill Moses received a
majority of the votes cast for the office of Councilperson, Place 4, and is
hereby declared to be elected to said office to serve after qualifying until
the regular municipal election in 2007, and until a successor shall have been
elected and shall have qualified.
Mayor Phelps administered the oath of office
to Charlie Bird to serve the office of Councilmember, Place 1.
Mayor Phelps administered the oath of office
to Bill Moses to serve the office of Councilmember, Place 4.
Mayor Phelps presented a Certificate of
Election to Councilman Bird.
Mayor Phelps presented a Certificate of
Election to Councilman Moses.
Mayor Phelps stated Farmers Branch had an election on Saturday, May 15, 2004, and Place 1 and Place 4 were up for reelection. He stated the results were as follows: In place 1, Charlie Bird received 657 votes, and Vicki Goode received 330 votes. In place 4, Bill Moses received 739 votes.
A motion by Councilman Robinson, seconded by
Councilwoman Smith, with all voting "aye", adopted Resolution No.
2004-058 certifying the results of the May 15, 2004 City Council Election.
Mayor Phelps announced a 10-minute recess
until 8:15 p.m.
A.6 ELECT
MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM.
A motion by Mayor Pro Tem Walden, a second by
Councilwoman Smith, all voting “aye”, elected Councilman Bill Moses to serve as
Mayor Pro Tem, and Councilman Charlie Bird to serve as Deputy Mayor Pro Tem.
A.7 PRESENTATION
OF BOARD APPLICATIONS.
There were no board applications
presented.
A.8 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.
Mayor Phelps moved the following item to this
portion of the Agenda.
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 6:25 P.M. AND THEN CONCLUDED AT 7:16 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 the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas.
Mayor Phelps stated
that staff was present to discuss this item with the City Council.
E.2 DISCUSS SECURITY OF THE FARMERS BRANCH WATER SYSTEM - TEXAS GOVERNMENT CODE 551.076.
Mayor Phelps stated
that staff was present to discuss this item with the City Council.
E.3 DISCUSS AND DELIBERATE ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086
Discuss and deliberate economic development incentives for a business prospect that the City seeks to have locate in the City, and with which the City is conducting economic development negotiations.
Mayor Phelps
explained that staff was present to discuss this item with Council.
F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Phelps called
for necessary action on executive items.
A motion by
Councilman Robinson, a second by Councilman Walden, all voting “aye”, approved
Resolution No. 2004-029 authorizing the City Manager of Farmers Branch, Texas
to execute a tax rebate and development agreement between the City of Farmers
Branch and Coca Cola Enterprises, Inc.
Mayor Phelps
explained that no action was necessary on the remaining executive session.
B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS
AND TAKE APPROPRIATE ACTION.
Mayor Phelps stated
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.
A motion by Mayor
Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” approved the
Consent Agenda as submitted with the addition of agenda item D.4.
B.1 APPROVED
MINUTES OF CITY COUNCIL MEETING OF MAY 3, 2004.
B.2 ADOPTED RESOLUTION NO. 2004-055 ACCEPTING
A FIVE-FOOT AERIAL EASEMENT FOR STREETLIGHT INSTALLATION, DEDICATED TO THE CITY
BY MRS. BERTA L. COLINDRES AND MRS. MARIA M. COLINDRES OF 2627 GREENHURST
DRIVE.
B.3 ADOPTED RESOLUTION NO. 2004-056 ACCEPTING
A WATER MAIN EASEMENT ON PROPERTY ADDRESSED AS 14050 STEMMONS FREEWAY DONATED
TO THE CITY BY CNL INCOME FUND XIV, LTD. FOR THE CONSTRUCTION OF A NEW WATER
LINE ALONG THE NORTHBOUND SERVICE ROAD OF IH35E.
B.4 ADOPTED RESOLUTION NO. 2004-053
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VOICESTREAM GSM
I OPERATING COMPANY, LLC KNOWN AS T-MOBILE USA FOR CERTAIN PROPERTY LOCATED AT
14805 MARSH LANE.
B.5 ADOPTED RESOLUTION NO. 2004-052
AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH MARK NORTH EROSION CONTROL
SYSTEM, LTD. FOR THE SANITARY SEWER PROTECTION ALONG THE BANK OF FARMERS BRANCH
CREEK NEAR VERONICA CIRCLE.
B.6 ADOPTED RESOLUTION NO. 2004-063 APPROVING
CHANGE ORDER NUMBER 1 TO A CONTRACT WITH RYCON, INC FOR THE REPLACEMENT OF THE
EXISTING SANITARY SEWER LIFT STATION AT VALWOOD PARKWAY AND IH-35 WITH A
GRAVITY FLOW SANITARY SEWER.
Bore Length
B.7 ADOPTED
RESOLUTION NO. 2004-057 APPROVING THE PURCHASE OF WIRELESS TRAFFIC DATA
COMMUNICATION EQUIPMENT.
B.8 APPROVED RESOLUTION NO. 2004-061
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRAVELCLICK, INC.
D.4 ADOPTED RESOLUTION NO. 2004-064
AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER
GOVERNMENTAL ENTITIES FOR THE COOPERATIVE PURCHASING OF VARIOUS EQUIPMENT,
MATERIALS AND SERVICES.
C.1 CITIZEN
PARTICIPATION.
There
was no citizen participation.
C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2773 APPROVING THE REQUEST FROM
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 east side of Denton Drive.
For the past seven years, the North
Central Texas Farmers Market Corporation has leased space from the City of
Farmers Branch 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 farmers 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 8:00 a.m. and 5:00 p.m. or until sold out from May 29,
2004 through October 31, 2004. Produce
to be sold will be home grown by individual farmers within a 150-mile radius of
the Metroplex.
The Planning and Zoning Commission
unanimously recommends approval of the proposed Specific Use Permit – Interim
Use, subject to the following conditions:
1. The farmers market shall operate on
Wednesday and Saturday of each week during the hours of 8:00 a.m. until 5:00
p.m. or until sold out.
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 29, 2004
through October 31, 2004.
3. The metal frame awning structure, and
the awning and sign, shall be removed from the site when the Specific Use
Permit-Interim Use expires on October
31, 2004 or when the use of the property is no longer needed, whichever
occurs first.
Mayor Phelps opened the public hearing.
A
motion by Deputy Mayor Pro Tem Bird, a second by Mayor Pro Tem Moses, all
voting “aye,” closed the public hearing.
There
being no discussion, a motion by Councilman Walden, a second by Councilman
Robinson, all voting “aye,” adopted the following captioned Ordinance No. 2773.
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 29, 2004, AND EXPIRING ON OCTOBER 31,
2004, TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN THE 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 THOUSAND ($2,000.00) DOLLARS;
PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2770 APPROVING THE REQUEST BY T-MOBILE USA FOR A SPECIFIC USE PERMIT FOR COLLOCATION OF NINE ADDITIONAL CELLULAR ANTENNA PANELS TO BE MOUNTED ON AN EXISTING 80-FOOT TALL MONOPOLE TOWER LOCATED ON A 1.0-ACRE TRACT AT 14400 JOSEY LANE, AT THE NORTHEAST CORNER OF JOSEY LANE AND HOLLANDALE LANE, WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The subject
property is improved with an existing 80-foot tall monopole tower that
currently supports a triangular array of 9 antenna panels for Verizon.
The application proposes installation of an additional triangular array with 9 antenna panels to be located on the existing tower at a height of 61 feet. A steel equipment platform with 3 all-weather cabinets will be added at the base of the tower and the equipment enclosure-area fence will be modified accordingly.
The proposed antenna system
complies with all Local Retail-2 zoning standards.
The Planning and Zoning Commission,
by unanimous vote, recommends approval of the specific use permit and the
associated site plan with the following conditions.
1. All missing landscaping elements shown
on the landscape plan previously approved with Specific Use Permit Number 244,
Ordinance 2311, shall be replaced before a building permit for the proposed
antenna installation may be issued.
2.
The owner(s) of the existing monopole and the antenna
system(s) mounted on the monopole shall remove their respective antenna
system(s) and all appurtenances including the monopole and any associated
equipment buildings or cabinets within ninety (90) days subsequent to such time
that the antennas and/or monopole become obsolete and/or the use is abandoned.
Mayor Phelps opened the public hearing.
A motion by Mayor Pro Tem Moses, a seconded by Deputy Mayor Pro Tem Bird, all voting “aye,” closed the public hearing.
There being no discussion, a motion by Councilman Robinson, a second by Councilwoman Smith all voting “aye,” adopted the following captioned Ordinance No. 2770 approving the proposed specific use permit, including the associated site plan.
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 collocation of nine additional cellular
antenna panels to be mounted on an existing 80-foot tall monopole tower located
on a 1.0-acre tract at 14400 Josey Lane, within the Local Retail-2 zoning
district;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF;
AND PROVIDING FOR AN EFFECTIVE DATE.
C.4 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2771 APPROVING THE REQUEST FROM
THE CITY OF FARMERS BRANCH TO AMEND THE STREET PLAN MAP AND RELATED ORDINANCE
TEXT WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT TO DELETE THE
REFERENCE TO THE HIGH OCCUPANCY VEHICLE ROADWAY REQUIREMENT THROUGH A TRACT
LOCATED AT 12700 STEMMONS FREEWAY AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The Planned
Development Number 70 zoning district includes a Street Plan Map, which is
intended to serve as a complement to the City’s Master Thoroughfare Plan. Included on the Street Plan Map is a future
high occupancy vehicle, or HOV, roadway generally located between Denton Drive
and IH35E, south of Carrick Street, through the Dr Pepper StarCenter and
Conference Center site.
The proposed application seeks to
amend the PD-70 Street Plan Map and related ordinance text to delete the HOV
roadway shown on the Street Plan Map.
When the PD-70 zoning district was originally created during 1994, it
was anticipated at that time that a future access ramp would be needed to
provide access from the DART transit center to future permanent HOV lanes
located within the center of IH35E.
Since the creation of PD-70, the
design for the IH35E/IH635 interchange has now located the HOV access under
IH35E at the Harry Hines Boulevard crossing.
Therefore, the HOV roadway shown on the Street Plan Map is no longer
needed.
The Master Thoroughfare Plan was
amended on April 5, 2004 by the City Council to remove the HOV roadway. The proposed zoning amendment is consistent
with the recent Master Thoroughfare Plan amendment.
The Planning and Zoning Commission
unanimously recommends approval of the proposed zoning amendment.
Mayor Phelps opened the public
hearing.
A motion by Councilman Smith, a
second by Mayor Pro Tem Moses, all voting “aye,” closed the public hearing.
There being no discussion, a motion
by Councilman Robinson, a second by Councilwoman Smith, all voting “aye,”
adopted the following captioned Ordinance No. 2771 approving the zoning
amendment.
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 AMENDING THE STREET PLAN
MAP AND RELATED ORDINANCE TEXT WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70)
ZONING DISTRICT, AS AMENDED TO DELETE THE REFERENCE TO THE HIGH OCCUPANCY
VEHICLE ROADWAY REQUIREMENT; AMENDING ORDINANCE 2111, AS AMENDED; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE.
C.5 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 $108,802 in Community Development Block
Grant funds from Dallas County for the fiscal year beginning October 1,
2004. 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-to-moderate residents a forgivable loan up
to $25,000 for home repairs. Since 1994
the City has received $426,082 through this program, which was used to repair
over twenty homes. However, due to the Housing and Urban Development Department
new regulations on lead-based paint, the County has discontinued the HOME
program. The 2002-2003 funding was used for playground replacement at Jaycee
Park, and the 2003-2004 funding was used for a pedestrian bridge over Cooks
Creek in Jaycee Park. The bridge is
currently in the design phase and should be completed before the end of this
year.
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 input on how the money should be spent. Funding proposals must be
submitted to Dallas County by June 25th. A resolution for the City’s proposal
will be prepared for Council approval at the June 14th meeting.
Staff recommends that a public
hearing be held for public input on the use of Community Development Block
Grants.
Mayor
Phelps opened the public hearing.
Councilman Robinson remarked he has
concerns that the funds for home repairs cannot be used in Farmers Branch
because the program has been discontinued.
He stated he knows the program was discontinued because of the lead
based paint but asked if water based paint could be used.
Margaret Somereve, Assistant to the
City Manager, gave a brief explanation on the costs associated with the
removing of lead base paint in homes during a home rehabilitation project.
Councilman Walden asked if the
sidewalk proposed would be at the Commons at Valwood. Ms. Somereve replied the City proposes to continue the sidewalks
at Cooks Creek this year.
A motion by Councilman Robinson,
seconded by Councilman Walden, all voting “aye,” closed the public hearing.
D.1 CONSIDER ADOPTING ORDINANCE NO. 2574
AMENDING SECTION 66-42 OF THE CODE OF ORDINANCES RELATING TO THE PLACEMENT OF
GARBAGE FOR COLLECTION AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. Recently the
City Council was made aware that the regulations for the placement of garbage
at the curb for pick-up by the City did not allow for any deviation, either for
timing or for placement. This has
created isolated difficulties for the City in providing services to some
residents, especially in consideration of physical limitations, disabilities,
or sometimes due to an unusual layout of a home along a pickup route.
At the May 10, 2004 Study Session,
Council directed staff to revise the ordinance to allow deviations to the times
or locations trash may be placed at the curb, provided the reasoning was
justified and prior approval is obtained.
The proposed ordinance requires approval from Public Works before
deviating from the current ordinance.
Staff would use best judgment on a case-by-case basis. If this ordinance is approved, staff will
develop guidelines for its implementation.
Given the City’s successful past history of working with special garbage
collection needs, this ordinance simply creates authority for individual
exceptions to the time garbage is allowed to be put at the curb. The individual exception would be based on
“special considerations or physical limitations” of the applicant as determined
by the Director of Public Works.
John Wells, 13521 Heartside Place,
expressed his concerns about trash being left out before the designated time,
for aesthetic reasons. He stated he
would not want to have exceptions made and the current ordinance be enforced.
City Manager Linda Groomer stated the City would be working with
residents with special physical needs and work with them on alternate
locations, such as picking up trash from the side yards.
Deputy Mayor Pro Tem Bird stated
this item is on the agenda for individuals with special physical needs who are
not capable of putting out their trash or yard cuttings. He stated he feels these individuals should
be taken into consideration. Deputy
Mayor Pro Tem Bird stated the Mayor, City Council and staff are available to
residents to hear their complaints and suggestions.
There being no further discussion,
a motion by Deputy Mayor Pro Tem Bird, a second by Councilwoman Smith, all
voting “aye,” adopted the following captioned Ordinance No. 2574 that amends
Section 66-42 of the Code of Ordinances and allows for deviations of the times
that garbage may be placed for collection.
AN ordinance
of the City of Farmers Branch, Texas, amending Chapter 66 ARTICLE II, section
66-42, sub-section (b) of the
code of ordinances of the City of Farmers Branch to allow for alternate
compliance METHODS for the placement of garbage containers for collection with
prior approval by the City.
D.2 CONSIDER ADOPTING ORDINANCE NO. 2572 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 46, SECTION 46-1 (A) REGARDING THE DISCHARGING OF FIREARMS FOR EDUCATIONAL OR HISTORICAL RE-ENACTMENT PURPOSES AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The Farmers Branch
Historical Park has hosted many events through the years. Cub Scout day camp has been an annual event
for many years, and part of that program has included shooting bb guns on a
supervised range. At some historical
events, re-enactors have discharged black powder weapons, with no projectile,
as part of their demonstrations. These
activities have been approved by the Director of Parks and Recreation under
Chapter 50 of the City of Farmers Branch Code of Ordinances, which is the park
ordinance that gives the Director that authority.
The City Attorney reviewed this
matter and advises that Chapter 46 of the Code of Ordinances, which is the
firearms ordinance, takes precedence over the parks ordinance. Therefore, based on the firearms ordinance, these
activities cannot be approved at the Historical Park unless the firearms
ordinance is modified to allow them.
Shooting bb guns is an activity
that is important to the organizers of the Cub Scout day camp. The range is constructed and supervised by
certified adult leaders. Cub Scout
leaders have asked for this activity to remain as part of day camp.
Discharging black powder weapons is
an integral part of historical re-enactments.
Generally, there are a few re-enactment groups at Texas Independence Day
and Archaeology Fair. However, staff has been informed that several other
groups will participate in Historical Park re-enactments if discharging black
powder weapons is allowed.
Parks and Recreation and Police
Department staff met and agree that it is reasonable to modify the firearms
ordinance to allow for these activities, with the written approval of both the
Director of Parks and Recreation and the Police Chief.
There being no discussion, a motion
by Councilman Robinson, a second by Councilman Walden, all voting “aye,”
adopted the following captioned Ordinance No. 2572.
AN ORDINANCE OF THE CITY OF
FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 46, SECTION 46-1
(a) REGARDING THE DISCHARGING OF FIREARMS FOR EDUCATIONAL OR HISTORICAL
RE-ENACTMENT PURPOSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-059 IN SUPPORT OF PROJECTS FOR THE DART 2030 PLAN AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Dallas Area Rapid Transit is conducting studies intended to update their long-range plan for providing transit service. DART has identified numerous potential rail transit routes to be evaluated during the Transit System Plan update process. At the May 3, 2004 Study Session meeting, City staff briefed the City Council on the status of the DART Transit System Plan update. During that briefing, staff presented City Council with three potential rail transit alignments as routes of interest to the City of Farmers Branch and possible priorities. Those recommended routes are:
1. The Burlington Northern Railroad
alignment from the Trinity Railway Express line in Irving through the west side
of Farmers Branch to the Northwest Corridor Line at Belt Line Road in
Carrollton.
2. The Inwood Spur / LBJ alignment from
the Cotton Belt Railroad in Addison through the east side of Farmers Branch to
the North Central Line in Dallas.
3. The Cotton Belt Railroad alignment from
the Inwood Spur in Addison west to DFW Airport and ultimately to Fort Worth.
Proposed Resolution No. 2004-059
identifies these three routes as long-range priorities of the City of Farmers
Branch and requests favorable consideration of the routes during the DART
Transit System Plan update. The resolution also reaffirms that the highest
transit priority of Farmers Branch is the completion of the Northwest Corridor
project before 2009.
City staff recommends the adoption
of Resolution No. 2004-059 in support of projects for the DART 2030 Plan.
There being no further discussion,
a motion by Councilman Walden, a second by Mayor Pro Tem Moses, all voting
“aye,” adopted Resolution No. 2004-059 with the addition of Section 5, to read
as follows: “The City of Farmers Branch recognizes that rail transit
service on the Cotton Belt Railroad alignment east of Addison may be warranted
and desirable in addition to light rail service on the Inwood/LBJ alignment.
The City of Farmers Branch would support rail
service on the Cotton Belt alignment east of Addison provided that it does not
replace or delay provision of rail transit service on the Inwood/LBJ alignment
and provided that it can be planned and designed in a way that satisfactorily
addresses the concerns of the City of Dallas relative to safety and
environmental impacts on nearby residential neighborhoods.”
D.4 CONSENT.
D.5 CONSIDER ADOPTING RESOLUTION NO. 2004-062 AWARDING BID TO AIR CLEANING TECHNOLOGY, INC. FOR VEHICLE EXHAUST CAPTURE SYSTEMS AT FIRE STATIONS NO. 1 AND NO. 2 AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. On May 4, 2004,
two bids were opened for the supply and installation of emergency vehicle
exhaust systems at Fire Stations 1 and 2.
The installation of these systems will eliminate the exhaust fumes from
the bay areas of the stations and improve the safety of breathing air in the
stations and eliminate the buildup of diesel soot on the walls and ceilings.
One bid was received from Air
Cleaning Technologies, Inc. in the amount of $81,910. The low bid in the amount
of $80,024 was received from Clean Air Concepts. However, a review of both bids revealed that the low bid from
Clean Air Concepts did not meet the minimum bid specifications. The
non-compliance issue was that the bid document required a “turn-key”
installation with no additional charges.
As a result, Air Cleaning
Technology, Inc. submitted the low bid meeting specifications.
Funding totaling $73,719 was
received from the 2003 Assistance to Firefighters Grant, and $8,191 was
included in the 2003-04 midyear budget adjustments for a total of $81,910.
There being no discussion, a motion
by Deputy Mayor Pro Tem Bird, a second by Councilwoman Smith all voting “aye,”
adopted Resolution No. 2004-062 awarding the bid for the vehicle exhaust
removal systems.
D.6 CONSIDER ADOPTING RESOLUTION NO. 2004-049 APPROVING A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS FOR ROTOMILLING SERVICES AND TO USE DALLAS COUNTY'S CONTRACTOR TO RESURFACE SELECTED STREETS AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The 2003-04
Capital Improvement Program includes $1,389,109 in the street resurfacing
program to maintain the annual goal of resurfacing eleven lane-miles.
Sections of streets to be
resurfaced this year include:
STREETS: LIMITS:
Apple Valley Drive Tanglewood Drive to Pebble Beach Drive
Bee
Street Valley
View Lane south to Sable Street
Bee
Street Valley View Lane north to Havenhurst
Street
Brookhaven
Club Drive Webb Chapel Road to Golfing
Green Drive
Gaslight
Circle Ridgeoak Way to south
end
Lavita Lane Austell Parkway to
Webb Chapel Road
Pepperwood
Street Bee Street to
Demetra Drive
Randy
Lane Veronica
Road to Webb Chapel Road
Ridgeoak
Way Marsh Lane to
Rosser Road
Rosser Road IH-635
to Valley View Lane
Sable
Street Denton
Drive to Bee Street
As in previous years, it is
proposed that the City utilize Dallas County’s equipment and personnel for
rotomilling and the County’s asphalt paving contractor to resurface the
selected streets. The rotomilling, prior to resurfacing, removes old asphalt or
provides a wedge in the concrete gutter in order to maintain drainage
continuity along the street. A
City-County Agreement has been prepared to utilize the County’s forces and
contractor for the rotomilling and resurfacing based on unit prices and hourly
rates in an amount not to exceed $337,870. The rotomilling price is estimated
at $1.50 per square yard. The asphalt
price is $31.09 per ton plus mileage for a total estimated price of $31.39 per
ton. There are sufficient funds
available in the Capital Improvement Program budget for the rotomilling and
resurfacing provided in the City-County Agreement. The resurfacing work will
take place this summer.
A companion item on this agenda is
the award of the bid for repairs to the streets before they are
resurfaced. Concrete repairs are made
prior to resurfacing to maximize the effective life of the new asphalt surface.
The concrete repairs will include repairing broken curbs, replacing severely
cracked concrete panels, and installing barrier free ramps on the sidewalks at
the street intersections.
Bee Street, from Valley View Lane south to Sable Street,
and Sable Street, from Denton Drive to Bee Street, has been included in the
Dallas County agreement; however, the two streets will not be resurfaced if the
proposed redevelopment area proceeds as proposed. In the event that the
redevelopment proceeds, the streets will be reconstructed in lieu resurfacing.
There being no discussion, a motion
by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting
“aye,” approved a City-County Agreement with the County of Dallas for
rotomilling services and to use Dallas County's contractor to resurface
selected streets in an amount not to exceed $337,870.
D.7 CONSIDER ADOPTING RESOLUTION NO. 2004-054 AWARDING THE BID FOR PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO JIM BOWMAN CONSTRUCTION COMPANY, L.P. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. Included in the
2003-2004 street resurfacing program is the overlay of eleven lane-miles of
streets this summer. This contract is
part of the annual street resurfacing program which makes repairs to failed
sections of concrete pavement on the streets before they are resurfaced,
providing a stable base on which to place the new riding surface. If awarded, this bid will complete repairs
on fourteen sections of streets to prepare them for resurfacing.
Requests for bids were mailed to
fifteen contractors, and two bids were picked up from the City Purchasing
Agent. Seven bids were returned and
opened on April 27, 2004. All bids
received met specifications. Jim Bowman
Construction Company, L.P. submitted the lowest bid in the amount of
$545,326.50. Jim Bowman Construction
Company, L.P. was awarded the pavement repair contract last year and their work
was satisfactory.
The Street Resurfacing program is
budgeted in the Non-Bond Capital Improvement Fund in the amount of
$1,389,108.82. There is $700,000.00 set
aside for the preliminary concrete repairs.
The project fund balance will be used for resurfacing with hot mix
asphalt, roto-milling, replacement pavement markings and traffic loop detectors
and installation of manhole and valve risers.
There being no discussion, a motion
by Councilman Robinson, a second by Councilman Walden, all voting “aye,”
adopted Resolution No. 2004-054 awarding the bid for pavement repairs at
various locations to Jim Bowman Construction Company, L.P. in the amount of
$545,326.50, for a one-year period with an option for two additional one-year
periods, if both parties agree. It is
also approved that the City Manager be authorized to execute change orders to
increase future contracts and deal with any unforeseen repairs for an amount
not to exceed $25,000.
D.8 CONSIDER ADOPTING RESOLUTION NO. 2004-046
AWARDING THE BID FOR STREET MARKING INSTALLATION AT VARIOUS LOCATIONS TO
STRIPING TECHNOLOGY, INC. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. Requests for
bids for the 2003-2004 street-marking contract were mailed to five
vendors. On April 14, 2004 five bids
were received and opened. All items
were bid on estimated quantities, and payment will be made on a unit price
basis. The lowest bid met specifications
and was submitted by Striping Technology, Inc. in the amount of $76,950.
Staff has checked the references of
Striping Technology, Inc. and they were satisfactory.
Funds in the amount of $50,000 were
budgeted in the 2003-2004 Public Works operating budget to maintain existing
markings. Funds in the amount of
$35,000 were budgeted in the Capital Improvement Program Non-Bond Fund to
install markings on streets resurfaced under the overlay program this year,
making total funds available in the amount of $85,000.
There being no discussion, a motion
by Councilwoman Smith, a second by Deputy Mayor Pro Tem Bird, all voting “aye,”
adopted Resolution No. 2004-046 awarding the bid for street marking
installation at various locations to Striping Technology, Inc. in an amount not
to exceed $85,000, for a one-year period with an option for two additional
one-year periods, if both parties agree.
The City Manager is further authorized to execute change orders for option
years in an amount not to exceed 5% of bid award.
D.9 CONSIDER APPROVING RESOLUTION NO. 2004-060 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC. AND TAKE THE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. Subject to
approval by the City Council, the City of Farmers Branch will enter into a
third agreement with TravelCLICK, Inc. for Internet Commercial and Global
Distribution System advertising on behalf of its Farmers Branch hoteliers.
These programs have been a success over the past year, and staff recommends
that the City enter into a third agreement with TravelCLICK, Inc. The GDS system places the advertisement of
Farmers Branch hotels on the screen 115,000 times daily while the travel agent
is booking air flights into the Dallas area.
The hotel community strongly supports this program.
The term of the agreement will be
September 13, 2004 through March 18, 2005.
This fall and spring Global Distribution System advertising will be
shown on the four media networks of Sabre, Galileo, Worldspan and Amadeus
through the use of promotional spots, which are directly shown to corporate
travel agents.
Between September 2003 and March
2004, this year’s program generated 8,600 new hotel room nights in Farmers
Branch, translating into $987,000 dollars in revenue. The City’s hotel/motel
tax portion of 7% equaled $69,100. Next
to business-to-business sales by staff, this has been the most quantifiable and
successful advertising program for Farmers Branch Tourism.
There being no discussion, a motion
by Councilwoman Smith, a second by Mayor Pro Tem Moses all voting “aye,”
approved Resolution No. 2004-060 authorizing the City Manager to execute an
advertising contract with TravelCLICK, Inc. in an amount not to exceed
$115,086.50.
D.10 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION.
Mayor Phelps stated appointments to
the School-Community Relations Committee would be brought back to the June 14,
2004 City Council meeting.
D.11 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS
AND TAKE APPROPRIATE ACTION.
There were
no travel reports or requests.
D.12 PRESENTATION OF COUNCIL COMMITTEE AND
ORGANIZATION REPORTS.
Councilman Robinson stated two
weeks ago he attended the Senior Adult Services Board Meeting as the Council
liaison. He also attended the Police
Awards Program on May 14th at the Justice Center. On May 20th he visited with
Voyager, a company that will be moving to Farmers Branch.
Councilman Walden stated he
attended the Metrocrest Chamber of Commerce Luncheon with Addison Mayor Scott
Wheeler as guest speaker.
Councilwoman Smith stated that on
May 10th she attended the Planning and Zoning Commission meeting at
which Scott Polikov of Gateway Planning Group presented “Placemaking with Codes.” On May 16th she attended the
Metrocrest Hospital Authority Board meeting.
Mayor Phelps reported on May 10th,
he attended the R.L. Turner Baseball Team Awards Dinner at Brookhaven Country
Club. On May 11th, at 7:30
a.m. he and City Manager Linda Groomer attended the Metroplex Mayors breakfast;
at 5 p.m. he attended a reception for Jim Jackson, next state
representative. On May 12th
at 7:30 a.m. he attended Branch Out, at 11:30 a.m. he attended the Police
Department’s Super Star Kid Recognition at Gussie Field Watterworth Park. On May 13th he attended the
Carrollton-Farmers Branch ISD Board Meeting to recognize the Mayor’s
Scholarship recipients; also in attendance was City Manager Linda Groomer. He started the School District approved the
Triple Freeport exemption and he wanted top thank Pat Canuteson for all his
hard work to get this approved. On May
14th he attended the Farmers Branch Chamber Board meeting and
luncheon. On May 15th was
the City Election. On May 17th
he attended Rotary Club. On May 19th
he attended the Senior Birthday luncheon and the Metrocrest Chamber Board
meeting. On May 20th he
attended Sam’s breakfast in conjunction with Branch Out hosted by the Farmers
Branch Chamber; at 9 a.m. he met with Joe Swift of DART to discuss an article
on their trip to Washington, D.C.; at 11:30 a.m. he attended the Council of
Governments meeting in Arlington; at 6 p.m. City Manager Linda Groomer and he
attended a Tex 21 reception in Dallas.
On May 21st at 9 a.m. he presented a scholarship award to
students at R. L. Turner; at 1:15 p.m. he met with a citizen. On May 24th at 11:45 a.m. he
attended Rotary and in the afternoon he met with Communications Director Tom
Bryson, and Video Engineer Duane Bishop to produce a welcome video for the TAMIO
group, which will be coming to Farmers Branch next week.
F.2 ADJOURNMENT.
A motion by
Councilwoman Smith, a second by Councilman Robinson, all voting “aye”,
adjourned the City Council meeting of May 25, 2005 at 9:18 p.m.
_____________________________
________________________
Bob Phelps, Mayor Cindee
Peters, City Secretary