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2007-08-21 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, August 21, 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 Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Director of Economic Development City Attorney City Attorney City Engineer Director of Equipment Services Director of Community Services Finance Director Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Communications Recording Secretary Gary D. Greer Mary Jane Stevenson Greg Vick Cindee Peters John Roach Norma Nichols Reed John Boyle Michael Kallas Jerry Murawski Kevin Muenchow Michael Spicer Charles Cox Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Tom Bryson Suzanne Reynolds Mayor Phelps called the City Council meeting of August 21, 2007 to order at 6:31 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Scott gave the invocation and led the Pledge of Allegiance. Volume 100, page 2 A.2 RECOGNIZE THE PALAESTRA GYMNASTIC CENTER TEAM LOCATED IN FARMERS BRANCH. Mayor Phelps presented the following information. Following months of rigorous competition at local, regional and state meets, gymnasts from the Palaestra Gymnastics Center Team in Farmers Branch won top honors at the USA Gymnastics Junior Olympics Tumbling and Trampoline National Championships in Memphis, Tennessee in June. In addition to numerous Top 10 honors, many members of the team earned medals in various events. Hannah Sheaffer won gold in Level 5 trampoline. Andrew Shurtleff won silver in Level 9 double mini. Mary Beth Weathers won bronze in Level 10 double mini and Austin Clayton won bronze in Level 8 tumbling. Manager and lead instructor of The Palaestra, Becki Weathers, said that more than 1,900 athletes from across the country were competing in Memphis so the honors earned by our local athletes was quite an accomplishment. Members of the team include Ashley Alexander, Stewart Brackett, Austin Clayton, Alexandra Fincher, Andrew Johnson, Victoria Lovell, Meghan Mehaney, Katie Mentesana, Hanna Sheaffer, Andrew Shurtleff, Mary Beth Weathers and Sigourney Weathers. Palaestra coaches include Teresa Alexander, Gary Hedrick and Erin Fortner. The Farmers Branch City Council joins the citizens of our community in congratulating these young athletes on their achievement through the year and especially at this national competition. Mayor Phelps stated members of the team and Ms. Weathers were not present to accept certificates recognizing their accomplishments. A.3 CONSIDER PRESENTATION AND DONATION(S) TO FARMERS BRANCH LEGAL DEFENSE FUND AND TAKE APPROPRIATE ACTION. Mike DeValle presented a check to the Farmers Branch Legal Defense Fund in the amount of $480. A.4 PRESENTATION OF SERVICE AWARD - DEPUTY CHIEF MARK YOUNG - POLICE DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Deputy Chief Mark Young with the Police Department. Volume 100, page 3 A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A motion by Deputy Mayor Pro Robinson, seconded by Mayor Pro Tern O'Hare, all voting "aye," reappointed Jeanne Sawyer, Clyde Phillips, Gene Bledsoe, Ernest Tiller, and appointed Ruth Fuls and Sam Allen to the Senior Advisory Board. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study 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 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 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 Councilman Smith, all voting "aye," approved the Consent Agenda as submitted. B.I APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 6, 2007. B.2 ADOPTED RESOLUTION NO. 2007-107 ACCEPTING A PETITION FROM RESIDENTS AND AUTHORIZING THE INSTALLATION OF ROAD HUMPS ALONG THE 13900-14000 BLOCKS OF BEE STREET BETWEEN COOKS CREEK AND VALWOOD PARKWAY. B.3 ADOPTED RESOLUTION NO. 2007-108 AWARDING BIDS FOR THE ANNUAL PROCUREMENT OF TRAFFIC SIGNAL MATERIALS AND EQUIPMENT IN THE AMOUNT OF $111,464.90. B.4 ADOPTED RESOLUTION NO. 2007-099 APPROVING THE PURCHASE OF FURNITURE FOR FIRE STATION NO. 3 FROM WILSON OFFICE INTERIORS IN THE AMOUNT OF $108,270.34. B.5 ADOPTED ORDINANCE NO. 2925 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82- 73, SPECIFYING THE PLACEMENT OF STOP SIGNS ON Volume 100, page 4 WESTBOUND MIRA LAGO BOULEVARD AT LAGO VISTA WEST; NORTHBOUND LAGO VISTA EAST AT MIRA LAGO BOULEVARD; AND EASTBOUND HUTTON COURT AT HUTTON DRIVE. ORDINANCE NO. 2925 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82-73, SPECIFYING THE PLACEMENT OF STOP SIGNS ON WESTBOUND MIRA LAGO BOULEVARD AT LAGO VISTA WEST; NORTHBOUND LAGO VISTA EAST AT MIRA LAGO BOULEVARD; AND EASTBOUND HUTTON COURT AT HUTTON DRIVE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. B.6 ADOPTED ORDINANCE NO. 2927 AMENDING CHAPTER 82 OF THE CITY OF FARMERS BRANCH CODE OF ORDINANCES BY AMENDING ARTICLE VI, AUTOMATED TRAFFIC SIGNAL ENFORCEMENT, SECTIONS 82-401-82405, MAKING IT A CIVIL OFFENSE TO RUN A RED LIGHT. ORDINANCE NO. 2927 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT A CIVIL OFFENSE TO RUN A RED LIGHT; AMENDING ARTICLE VI IN CHAPTER 82 OF THE FARMERS BRANCH CODE OF ORDINANCES; PROVIDING FOR A CIVIL PENALTY; PROVIDING FOR CERTAIN DEFENSES; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. B.7 ADOPTED RESOLUTION NO. 2007-106 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT RELATIVE TO THE ROSE GARDEN IN GUSSIE FIELD WATTERWORTH PARK. B.8 ADOPTED RESOLUTION NO. 2007-109 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR WAREHOUSE STORAGE SPACE AT 4350 BELTWOOD PARKWAY NORTH IN FARMERS BRANCH. B.9 ADOPTED RESOLUTION NO. 2007-110 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH METROPCS TEXAS LLP, AS SUCCESSOR TO Volume 100, page 5 THE INTERESTS OF NEW CINGULAR WIRELESS PCS, LLC, SUCCESSOR OF SOUTHWESTERN BELL WIRELESS, INC. FOR PROPERTY LOCATED AT 3723 VALLEY VIEW LANE. C.1 CITIZEN REQUESTED ITEM: CONSIDER REQUEST OF CLAIRE SCHOENECK TO HAVE AN APPRECIATION DAY FROM THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. Claire Schoeneck, 3737 Blue Trace Lane, asked the Council to delegate a First Responders Appreciation Day in conjunction with the 911 Emergency Tele Communicators Appreciation Day. Mayor Phelps stated he is in agreement with this request. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF VALLEY VIEW/STAFFORD BEING A REPLAT OF LOTS 17,18 AND PART OF LOT 19 OF VALLEY VIEW NO. 1 ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Final Plat of Valley View/Stafford is a 0.574-acre site that is zoned Planned Development No. 79, which is known as Branch Crossing. The owners of the property, Paul and Telea Stafford, are proposing to combine Lots 17, 18 and part of Lot 19 of Valley View No. 1 Addition into one lot for the construction of a new home. A 7.5-foot utility easement is being dedicated at the north property line. The proposed Final Plat for Valley View/Stafford conforms to all the zoning and subdivision requirements. The Texas Local Government Code requires that a public hearing be conducted for all replats in residential zoning that do not vacate a preceding plat; that a public notice be published in the newspaper; and that notifications be sent to owners of lots in the original subdivision and that are within 200 feet. A public notice was published in the Dallas Morning News and the required notifications were mailed. Texas law requires that a final plat must be approved if the plat meets all the City's zoning and subdivision requirements. The Final Plat of Valley View/Stafford is consistent with the Texas Local Government Code and with City requirements for a final plat. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Valley View/Stafford. Mayor Phelps opened the public hearing. Volume 100, page 6 Paul Stafford, 12923 Epps Field Road, respectfully requested Council's approval of the final plat of Valley View/Stafford being a replat of lots 17, 18 and part of lot 19 of Valley View No. 1 Addition. A motion by Councilman Smith, seconded by Councilman Koch, all voting "aye," closed the public hearing. Councilman Koch asked the applicant if he could give Council details of his home. Mr. Stafford gave the Council a description of the home. There being no further discussion, a motion by Mayor Pro Tem O'Hare, seconded by Councilman Scott, all voting "aye," approved the proposed Final Plat of Valley View/Stafford. C.3 PUBLIC HEARING: TO CONSIDER MAINTAINING A $0.4945 PROPERTY TAX RATE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A public hearing is being held to consider maintaining a 49.45-cent property tax rate for the 2007-08 fiscal year. In compliance with the State Property Tax Code, the City Council passed a motion during the August 6, 2007 City Council meeting proposing that the City maintain a 49.45-cent property tax rate. No tax rate was adopted at that meeting. Two public hearings regarding this proposal were scheduled, one for tonight, and the second one on September 4, 2007. Tax rate adoption is scheduled during the City Council meeting on September 18, 2007. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman Scott, all voting "aye," closed the public hearing. D.I CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests, Council committee or organization reports. Mayor Phelps announced that the City Council convened into Executive Session. The meeting convened into Executive Session at 7:19 p.m. and concluded at 9:20 a.m. The Executive Session convened after the items had been discussed in the General Session. 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 100, page 7 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 stated the City attorney would be present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on the items in Executive Session on no action was necessary. F.2 ADJOURNMENT. 1 A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adjourned the City Council meeting of August 21, 2007 at 9:23 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 8