Loading...
2007-08-06 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, August 6, 2007 6:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Tim O'Hare Deputy Mayor Pro Tern Ben Robinson Councilmembers Jim Smith David Koch Tim Scott The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick Assistant to the City Manager John Roach Director of Economic Development Norma Nichols Reed City Attorney John Boyle City Engineer Jerry Murawski Director of Equipment Services Kevin Muenchow Director of Community Services Michael Spicer Finance Director Charles Cox Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Director of Communications Tom Bryson Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of August 6, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Scott gave the invocation and led the Pledge of Allegiance A.2 REPORT ON STUDY SESSION ITEMS. Volume 99, page 125 L-A Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. A.3 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE AND THE SENIOR ADVISORY BOARD, AND TAKE APPROPRIATE ACTION. There were no applications presented. A motion by Mayor Pro Tern O'Hare, seconded by Councilman Koch, all voting "aye," appointed Mike DeValle to the Community Watch Committee. Mayor Phelps stated the Senior Advisory Board would be brought back to the August 21, 2007 City Council meeting. 11 B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Councilor 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 O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," approved the Consent Agenda as submitted. B.l APPROVED MINUTES OF CITY COUNCIL SPECIAL MEETING OF JULY 11, 2007, MINUTES OF CITY COUNCIL MEETING OF JULY 16, 2007 AND THE MINUTES OF CITY COUNCIL SPECIAL MEETINGS OF JULY 18 AND JULY 30, 2007. B.2 ADOPTED RESOLUTION NO. 2007-093 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TRAVELCLICK, INC. IN THE AMOUNT OF $101,577.72. B.3 ADOPTED RESOLUTION NO. 2007-098 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HCK2 PARTNERS FOR THE CITY'S BRANDING CAMPAIGN IN AN AMOUNT NOT TO EXCEED $50,000. B.4 ADOPTED RESOLUTION NO. 2007-102 APPROVING THE 2007-2008 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. Volume 99, page 126 B.5 ADOPTED RESOLUTION NO. 2007-101 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH FUGRO CONSULTANTS LP IN THE AMOUNT OF $34,000 FOR THE CONSTRUCTION MATERIALS TESTING ASSOCIATED WITH THE RECONSTRUCTION OF SENLAC DRIVE. B.6 ADOPTED RESOLUTION NO. 2007-103 AWARDING THE BID FOR IRRIGATION AND LANDSCAPING FOR FIRE STATION NO. 3 TO BLUEGRASS MAINTENANCE IN THE AMOUNT OF $69,500. C.1 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NO. 2921 APPROVING THE REQUEST OF DALTEX REALTY LP TO CHANGE THE ZONING OF APPROXIMATELY 40.4894 ACRES GENERALLY LOCATED SOUTH AND EAST OF ALPHA ROAD, NORTH OF BLUE LAKE CIRCLE AND WEST OF MIDWAY ROAD FROM PLANNED DEVELOPMENT NO. 1 (PD-1) TO PLANNED DEVELOPMENT NO. 90 (PD-90), ESTABLISHING DEVELOPMENT STANDARDS AND APPROVING A CONCEPTUAL MASTER PLAN AND CONCEPTUAL SITE PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject properties are presently developed with office buildings and comprise the majority of the office park development known as The Centre. The applicant is proposing to redevelop multiple lots, approximately 40.4894 acres in area, into a mixed-use community, including urban-style multifamily residential, retail and office uses. The subject properties are presently zoned Planned Development No. 1 (PD-1), which does not allow any type of residential use. The proposed Planned Development No. 90 (PD-90) would allow development of up to 2,000 urban-style apartments or condominium homes and require a minimum of thirty-three square feet of retail space for every dwelling unit built. Therefore development of the maximum number of dwellings would concurrently require development of at least 66,000 square feet of retail space. A minimum of 30,000 square feet of retail space must be concentrated in the heart of the project on Tract 3, which comprises approximately 16 acres situated between McEwen Road and Blue Lake Circle. Other key features of the proposed zoning change and development concept include: elimination of Light Industrial uses; development of new privately- maintained streets; providing for on-street and shared parking; conversion of existing private open space to privately-maintained, public open space; a Conceptual Master Plan for the entire 40.4894-acre area; and a more detailed Conceptual Site Plan for Tract 3. The Planning & Zoning Commission, by unanimous vote, recommends approval of proposed Ordinance No. 2921, establishing the Planned Development No. 90 Volume 99, page 127 (PD-90) zoning district, including a Conceptual Master Plan and Conceptual Site Plan. Mayor Phelps opened the public hearing. Planning Director Andy Gillies gave the City Council an overview of the proposed Planned Development District. There followed a discussion between the developer and City Council. A motion by Councilman Smith, seconded by Councilman Koch, all voting "aye," closed the public hearing. Following a lengthy discussion regarding the proposed project, it was moved by Councilman Koch, seconded by Mayor Pro Tem O'Hare, to table proposed Ordinance No. 2921 to the August 21, 2007 City Council meeting, with Councilmembers Smith, Robinson and Scott voting "nay." The motion failed with a two to three vote. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tem Robinson, with Councilmen Smith, Robinson and Scott voting "aye," and Councilmen Koch and O'Hare voting "nay," approved the following captioned Ordinance No. 2921 establishing the Planned Development No. 90 (PD-90) zoning district, including a Conceptual Master Plan and Conceptual Site Plan, as recommended by the Planning and Zoning Commission. The motion carried with a three to two vote. ORDINANCE NO. 2921 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 REZONING A PORTION OF PLANNED DEVELOPMENT NUMBER 1 (PD-1) ZONING DISTRICT TO PLANNED DEVELOPMENT NUMBER 90 (PD- 90) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES ON AN APPROXIMATELY 40.4894 ACRE TRACT LOCATED SOUTH AND EAST OF ALPHA ROAD, NORTH OF BLUE LAKE CIRCLE, AND WEST OF MIDWAY ROAD; AMENDING AND REPEALING ORDINANCE NUMBER 2589 AS IT PERTAINS TO THE SUBJECT PROPERTY ONLY; 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. Volume 99, page 128 D.1 CONSIDER ADOPTING A MOTION PROPOSING THAT THE CITY MAINTAIN A $0.4945 PROPERTY TAX RATE, SCHEDULE TWO PUBLIC HEARINGS FOR AUGUST 21, 2007 AND SEPTEMBER 4, 2007, SCHEDULE ADOPTION OF THE TAX RATE ON SEPTEMBER 18, 2007, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2007-08 proposed budget was submitted to the City Council by July 31, 2007, and is also available to the public for review on the City's Website and at the Manske Library. The City Council will discuss the 2007-08 proposed budget in a workshop during the afternoon of August 21, 2007. The proposed budget contains a recommendation to maintain the property tax rate at $0.4945 per $100 assessed value. This recommendation meets the City Council's goal to prepare and implement a budget that assures a stable tax rate and provides needed services. The Dallas Central Appraisal District recently certified the City's taxable property values. Including new construction and a minimum value for property values under protest, these values reflect a 10.8% increase overall, primarily due to growth in commercial values. Overall residential values increased 3.8%. Increased property values will result in an increase in property tax revenues even though the property tax rate is not being increased. The 2007-08 budget contains recommendations for the use of the added revenues. The primary use is to fund operations of the new Fire Station No. 3. Maintaining a 49.45-cent tax rate will require the publication of a notice in the newspaper notifying taxpayers of the proposed effective tax increase. Dallas County is responsible for calculating and certifying the information on this notice, which is expected to be finalized and published in the Dallas Morning News on August 17`". Under the State Property Tax Code, maintaining the 49.45-cent tax rate requires that the City Council first pass a motion to propose a tax rate and set two public hearing dates. Tonight's motion proposes to maintain the current tax rate, but does not adopt any tax rate. The public hearings are proposed to take place on August 21 and September 4, 2007 at 6:30 p.m. at City Hall during the regular City Council meeting. City Council will adopt a tax rate at the regular City Council meeting of September 18. City Administration recommends that the City Council adopt a motion proposing that the City maintain a 49.45-cent property tax rate for 2007-08, set public hearings for August 21 and September 4, 2007 at the City of Farmers Branch City Hall, and schedule adoption of the tax rate on September 18, 2007 at 6:30 p.m. A motion by Mayor Pro Tem O'Hare, seconded by Councilman Scott, all voting "aye," proposed that the City maintain a 49.45-cent property tax rate, schedule public hearings for August 21 and September 4, 2007, and schedule adoption of the tax rate on September 18, 2007. Volume 99, page 129 D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-104 AUTHORIZING THE DEFEASANCE OF AND CALLING FOR REDEMPTION OF THE OUTSTANDING CITY OF FARMERS BRANCH, TEXAS COMBINATION ASSESSMENT AND UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 2002; AUTHORIZING THE DEPOSIT OF FUNDS WITH THE PAYING AGENT/REGISTRAR; AND, ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1993, the City issued $11,360,000 in Combination Assessment and Utility System Revenue Certificates of Obligation to pay for a sewer interceptor and tunnel system to service the City's eastside. Repayment of this debt comes from annual assessments on the properties that benefited from the improved sewer system. These certificates were partially refunded in 2002 due to a large number of assessments being paid-off early. The last payment on this debt is currently scheduled during the 2010-2011 fiscal year. Additional assessment pay-offs, interest earnings, and contingency project balances, which are no longer required, provide an opportunity for the City to pay the entire outstanding bond balance of $2.3 million three years early. Over $100,000 in interest savings is expected from this early pay-off. City Administration recommends adopting Resolution No. 2007-104 authorizing the defeasance of and calling for redemption of the outstanding City of Farmers Branch, Texas Combination Assessment and Utility System Revenue Refunding Bonds, Series 2002. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-104 authorizing the defeasance of and calling for redemption of the outstanding City of Farmers Branch, Texas Combination Assessment and Utility System Revenue Refunding Bonds, Series 2002. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Mayor Pro Tem O'Hare stated he attended a meeting with a developer the previous week. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE TO BE DISCUSSED AFTER THE 4:00 P.M. STUDY Volume 99, page 130 SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:57 P.M. AND THEN CONCLUDED AT 8:31 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 PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al., v. Farmers Branch Villas at Parkside Partners, et.al., v. Farmers Branch Alfredo Vasquez, et.al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Mayor Phelps explained that the City Attorney would be present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in Executive Session. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tem Robinson, a second by Councilman Scott, all voting "aye," adjourned the City Council meeting of August 6, 2007 at 8:31 p.m. Bob Phelps, Mayor e Cindee Peters, City Secretary Volume 99, page 131