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2011-07-19 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, July 19, 2011 Regular Meeting 6:00 P.M. City Council Chambers The following members of the City Council were present: Mayor William P. Glancy Mayor Pro Tern David Koch Deputy Mayor Pro Tem Michelle Holmes Councilmembers Ben Robinson Tim Scott Harold Froehlich The following members of the Administration were present: City Manager Gary Greer Assistant City Manager Sharma Sims-Bradish Assistant City Manager Matt Benoit City Secretary Cindee Peters Assistant to the City Manager Rachael Loftus City Attorney Pete Smith Finance Director Charles Cox Fire Chief Steve Parker Police Chief Sid Fuller Director of Public Works Mark Pavageaux Director of Equipment Services Kevin Muenchow Director of Parks and Recreation Jeff Fuller Director of Economic Development John Land Communications Director Tom Bryson B.1 Invocation and Pledge of Allegiance. Councilman Robinson gave the invocation and Councilman Koch led the Pledge of Allegiance. B.2 Consider accepting a donation of $1,000 from the Farmers Branch Rotary Club for the Youth Scholarship Program and take appropriate action. Volume 104, page 101 Jeff Fuller, Director Parks & Recreation, explained the Farmers Branch Rotary Club would like to donate $1,000 to the City of Farmers Branch to be used for the City's Youth Scholarship Program. The Rotary Club raised the funds through its annual golf tournament, which was held April 25. Golf Tournament Chair Jim Barrett presented the donation to Mayor Glancy. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", accepted the $1,000 donation from the Farmers Branch Rotary Club. B.3 Presentation of Community Builders Award to Jeff Fuller by the James A. Smith Masonic Lodge. Mr. Bill Richardson of the James A. Smith Masonic Lodge presented Jeff Fuller with the Community Builders Award. 1 B.4 Recognition of Marketing and Communications Department's awards from the Texas Association of Municipal Information Officers. Tom Bryson, Director of Communications, explained the Communications Department was honored with the top award in the state in four different categories at the 2010 state conference for the Texas Association of Municipal Information Officers, or TAMIO, which was held in Frisco in June. B.5 Consider Board and Commission Appointments and take appropriate action. Mayor Glancy stated there would be no appointments made tonight. B.6 Report on Study Session items. The City Council gave a brief overview of items discussed in the Study Session. B.7 Report on items of Community Interest. Pursuant to Section 551.0415 of the Texas Government Code the City Council may report on the following items: 1.) expression of thanks, congratulations or condolences, 2.) information about holiday schedules, 3.) recognition of individuals, 4.) reminders about upcoming city events, 5.) information about community events and 6.) announcements involving an imminent threat to public health and safety. Councilwoman Holmes reminded everyone of the needed donation of school supplies for Bea's Kids, and that on September 10th there would be a Bike Race honoring the 10th anniversary of 911. I L__J Councilman Scott stated Governor Perry has designated August 6th as a Day of Prayer, and at 10:00 a.m. at Liberty Plaza there would be an observance of prayer. Volume 104, page 102 Councilman Koch gave a brief update of economic development activity in the city. Mayor Glancy gave a brief report concerning the proposed development of senior housing near the hospital on Webb Chapel. City Manager Gary Greer gave the City Manager's Report. Mayor Glancy 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 Tern Koch, a second by Councilman Scott, all voting "aye", approved the consent agenda as submitted. C.1 Approved of minutes of City Council meeting of June 21, 2011 City Council meeting and the Town Hall meeting on June 16, 2011. C.2 Adopted Resolution No. 2011-043 authorizing the purchase of water meters from Mueller, Inc. in the amount of $70,294.18. C.3 Adopted Resolution No. 2011-042 authorizing the purchase of automated meter reading equipment from Itron Inc. in the amount of $82,648.00. CA Adopted the following captioned Ordinance No. 3139 to abandon a portion of Valley Branch Lane and Northern Parkway street rights-of-way; adopted the following captioned Ordinance No. 3140 to abandon a fire lane and water line easement; and request for final plat approval of Stanley Black & Decker Addition. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN A PORTION OF VALLEY BRANCH LANE FROM ITS SOUTHERN END TO ITS INTERSECTION OF VALLEY BRANCH CIRCLE AND A PORTION OF NORTHERN PARKWAY IMMEDIATELY SOUTH OF THE ABANDONED PORTION OF VALLEY BRANCH CIRCLE; AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO; RESERVING A GENERAL UTILITY EASEMENT IN SAID ABANDONED STREETS; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE Volume 104, page 103 ABANDONMENT; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING CERTAIN WATER LINE AND FIRE LANE EASEMENTS IN LOT 1, BLOCK 1, VALLY VIEW PLACE, SECTION II; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. C.5 Adopted Resolution No. 2011-048 authorizing the City Manager to apply for, accept, and administer the Texas Comptroller's 2011 Tobacco Compliance Grant in the amount of $2,500. C.6 Adopted Resolution No. 2011-046 awarding a contract to Independent Utility Construction, Inc. for traffic signal improvements along Luna Road from Park West Boulevard to Mira Lago Boulevard in the amount $71,792.20. C.7 Adopted Resolution No. 2011-050 authorizing the Mayor to execute an Agreement of Cooperation for Community Development Block Grant HOME Program with Dallas County for a period of three years. D.1 Public Hearing: Consider approving Ordinance No. 3148 to change the zoning of a 1.97 acre lot from Planned Development No. 39 (PD-39) to Planned Development No. 89 (PD-89) and approve an associated Site Plan for an apartment development including the 1.97 acre lot and an additional 5.88 acre tract within existing PD-89, comprising approximately 7.85 acres total, located on the north side of the westbound IH-635 (LBJ) frontage road approximately 700 feet east of Welch Road and addressed as 4801 LBJ Freeway and 4825 LBJ Freeway and take appropriate action. Andy Gillies, Planning Director, explained the applicant intends to build an apartment project on two adjoining lots totaling 7.85 acres on the north side of LBJ Freeway, generally situated between the Bankston Chevrolet automobile dealership and the Sheraton Hotel. The two lots comprising the proposed development site are located in two different zoning districts. Lot 1 is a 5.88- acre tract located within the Planned Development No. 89 (PD-89) zoning district, which allows residential uses at a minimum density of 35 units per acre by right. Adjacent to the south is Lot 2, a 1.97-acre lot within Planned Development No. 39 (PD-39), which allows residential development strictly as a secondary use. Greystar intends to consolidate the two lots under the PD-89 zoning designation and build a three-story apartment project of 327 units, yielding a density of about 42 units per acre, for which site plan approval is being requested. Mayor Glancy opened the public hearing. Volume 104, page 104 Mr. Tommy Mann, representing the applicant, stated he was present to answer any questions. Mr. Adam Brown, with Greystar, stated he was also present to answer any questions. There followed a brief discussion concerning when construction would start, time frame to close on the property, and leasing prices. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", closed the public hearing. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", approved the following captioned Ordinance No. 3148, with the amendment concerning closing, to change the zoning of the 1.97-acre lot from PD-39 to PD-89 and the associated site plan subject to the abovementioned conditions recommended by the Planning & 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 AMENDING PLANNED DEVELOPMENT NO. 89 (PD-89); BY GRANTING A CHANGE IN ZONING FOR A 1.97 ACRE ± OF LAND DESCRIBED IN EXHIBIT "A" FROM PLANNED DEVELOPMENT NO. 39 (PD-39) TO PLANNED DEVELOPMENT NO. 89 (PD-89) FOR CONSOLIDATION WITH A 5.88 ACRE f OF LAND ZONED PD- 89, FOR RESIDENTIAL USES; PROVIDING FOR SITE PLANS, BUILDING ELEVATIONS, AND LANDSCAPE PLANS, ATTACHED AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. MAYOR GLANCY ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 6:00 P.M. REGULAR CITY COUNCIL MEETING. MAYOR GLANCY EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 9:10 P.M. AND CONCLUDED AT 9:28 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. Volume 104, page 105 F.1 Discuss economic development incentives - Texas Government Code Section 551.087. Discuss incentive package for a medical manufacturer headquarters and distribution center. Discuss incentive package for the corporate office relocation of a medical products provider. F.2 Discuss land acquisitions - Texas Government Code Section 551.072. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I-635 and Denton Drive. Mayor Glancy stated Staff was present to discuss these item with the City Council. G.1 Consider necessary action on items discussed in the Executive Session. Mayor Glancy called for necessary action on Executive Session items. A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", authorized the City Manager to negotiate and execute an economic development agreement with Epimed to provide an annual grant for a period of 5 years with each grant equal to 50% of the sales tax generated by Epimed provided Epimed purchases 13958 Diplomat, Farmers Branch, Texas, for a period of ten years and an additional annual grant for years 6-10 of the occupancy with each annual grant equal to 50% of the taxes paid for tangible personal property located at the premises. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", authorized the City Manager to negotiate and execute an economic development incentive agreement with CCS Medical to provide a cash incentive of $37,500 to offset the costs of relocation to 1505 LBJ (Fenton Place). A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", authorized the City Manager to negotiate and execute a contract for the purchase of Lot 3, Block A Farmersdell Addition, City of Farmers Branch known as 13023 Holbrook Drive and finding that the structure on said lot constitutes a dangerous structure for purposes of the City acquisition thereof with a purchase price of $74,420.00. G.2 Adjournment. A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye", adjourned the City Council meeting of July 19, 2011 at 9:28 p.m. Volume 104, page 106 0 C William P. Glaney, Mayor I Cindee Peters, City Secretary Volume 104, page 107