Council revises public records policy

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The Farmers Branch City Council adopted a policy Tuesday, July 7, allowing the city to charge for staff time spent responding to repeated public records requests. The policy establishes limits of 36 hours in a fiscal year and 15 hours in a month for requests from the same person.

City officials said the policy is intended to reduce the time and expense associated with repetitive requests while preserving the public’s right to obtain government records under the Texas Public Information Act.

The policy does not limit how many requests a person may submit. After the applicable staff-time limit is reached, the city may provide written cost estimates for additional requests. The repetitive-request provision does not apply to news media, public officials or 501(c)(3) organizations.

The council initially rejected the resolution as written after council member Roger Neal objected to a provision allowing city staff to make future revisions without returning to the council.

“I think the governing body needs to manage this in the future if there were changes to be made,” Neal said.

City Attorney David Berman suggested deleting the sentence. The council then approved the amended resolution.

Berman said state law governs most procedures for processing public information requests. He said cities often spend more responding to requests than they are permitted to recover.

During the discussion, council member Elizabeth Villafranca cited a request for the mayor’s notes dating to 2016 as an example of the workload placed on city employees.

Mayor Terry Lynne said responding to extensive requests pulls staff members away from other responsibilities.

“We are losing productivity,” Lynne said. “We are losing time not spent on doing actual work that will move our city forward.”

The council delayed action on a proposed special events ordinance after members questioned whether it could require permits for neighborhood gatherings and long-running community activities.

The proposal would create a centralized online application and a $50 permit fee for certain events. Planning staff said it was designed to replace a process that can require organizers to contact multiple city departments.

Council member Tina Bennett-Burton asked whether a children’s Fourth of July parade held for several years would require a permit. The staff said it would.

Neal asked whether homeowners associations would need permits for community gatherings or National Night Out events that did not close streets or use city services. Staff responses suggested some gatherings of more than 50 people could require permits, although council members said the rules remained unclear.

The council tabled the ordinance while City Manager Ben Williamson and staff review the language.

The council also approved a $2,695,813 contract with Dallas Underground LLC for the second phase of water and wastewater improvements along Webb Chapel Road.

The project will replace about 4,200 linear feet of water main, 3,700 linear feet of sanitary sewer line and nine manholes. Work will cover sections from Interstate 635 to Veronica Road and from Selma Lane to Valley View Lane.

Public Works Deputy Director Corey Lawson said the city received seven bids. Dallas Underground was selected as the lowest responsible bidder after the city reviewed its experience and past performance.

Construction is expected to take about 360 days after the contractor completes bonding and mobilization. Lawson said the city does not currently expect the project to exceed its budget, although crews could encounter unforeseen underground conditions.

“We live in not just a growing city, but an aging city,” Lynne said. “Our infrastructure is aging, and that comes with a price.”

Council members also authorized funding for kitchen improvements at The Firehouse Theatre. Parks and Recreation Director Robert Diaz said the city received a quote of less than $3,000, down from an earlier quote of nearly $7,000.

The kitchen work is expected to take two or three days. The city is still collecting quotes for lobby renovations and plans to coordinate construction with the theater’s performance schedule.

The council also prohibited groundwater use beneath the former Citizen Collection Center and Triple C property at 1349-1399 Valley View Lane as part of an application for a municipal setting designation from the Texas Commission on Environmental Quality.

Solid Waste Manager John Porter said groundwater beneath the property contains semivolatile organic compounds and arsenic. He said the affected groundwater is not connected to the city’s public drinking water system and does not pose a threat to residents’ tap water.

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