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2007-09-04 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 4, 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 Tem 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 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 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 September 4, 2007 to order at 6:35 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem O'Hare gave the invocation and Councilman Smith led the Pledge of Allegiance. Volume 100, page 9 A.2 RECOGNITION OF HELEN BOWLING FOR HER EFFORTS IN SUPPORTING THE FARMERS BRANCH SENIOR CENTER. Mayor Phelps presented the following information. For over 12 years, Helen Bowling has committed time, attention, and energy to the Farmers Branch Senior Center. From 1995 to 1999, Helen served as a member of the Senior Advisory Council, and the next seven years she served as one of the original members of the Senior Advisory Board. In addition to holding the office of Secretary of the Board, she also was known as the pancake maker for the monthly breakfasts and volunteered numerous hours for the Get-Acquainted, Get-Together Program. Helen has asked not to be reappointed to the Senior Advisory Board. Helen has been a constant on the Board and has provided leadership and thoughtful insight to tough questions that faced the Board. She served as a strong advocate and champion for Farmers Branch seniors. Mayor Phelps and City Council, the Parks and Recreation Department and members of the Senior Advisory Board presented Helen Bowling with a plaque for the hours and energy she donated to the Farmers Branch Senior Center to make it the premier place for seniors that it is today. A.3 RECOGNITION OF SEPTEMBER 11TH FOR PATRIOT AND FIRST RESPONDER APPRECIATION DAY. Mayor Phelps presented the following information. For years, September 11th had been known as "9-1-1 Emergency Number Day" in honor and recognition of those that work tirelessly responding to emergencies in our local communities across the nation. However, in 2001, the date became known as "Patriot Day" in memory of those lost in the terrorist attacks on our nation, but also in honor of those responders that worked that day and beyond to rescue survivors, recover victims and restore normalcy. Here in Farmers Branch, we have the finest public safety agencies that anyone could find in any city. Our very first line of response is the talented and dedicated group of 15 Dispatchers that comprise the 9-1-1 Center. Last year, they answered 12,580 non-emergency calls and 2,031 emergency 9-1-1 calls - that's 2,031 opportunities to help someone, 2,031 chances to make a difference and 2,031 lives that a Dispatcher can affect. The City's Community Watch Committee encourages appreciation for these professionals on this special day of recognition and supports their work by fostering a spirit of cooperation between neighbors and public safety professionals. In this spirit, the Dispatchers will be honored on September 11th, 2007 with an informal cookout at the Farmers Branch Justice Center. That same Volume 100, page 10 day, the public is invited to an open house in the 9-1-1 Center at the Justice Center from 11 a.m. to 2 p.m. In recognition of these Dispatchers, the work that they do and the work done by all of our public safety professionals every day, we will observe September 11 th in Farmers Branch as Patriot and First Responder Appreciation Day. Mayor Phelps presented the first responders with a proclamation and proclaimed September 11, 2007 as "Patriot and First Responders Appreciation Day" in Farmers Branch. A.4 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. Mayor Phelps presented the following information. One of the Goals of the City Council is to improve the appearance of The City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The City rolled out the Yard of the Month program August 1, 2007. The City was divided into quadrants, therefore awarding four yards each month. The panel of judges is comprised of various City staff, City officials and horticulture specialists. The panel of judges changes each month. Nominee applications must be turned in one week prior to the last Friday of the month. The panel of judges travels to the nominated locations and chooses a winner the same day. The winner is notified immediately and the sign is put in their yard the last day of that month. The recipients are also awarded a certificate of appreciation and a $100 gift certificate to Turner Hardware at the first Council Meeting of the following month. All nominees receive a letter notifying them that they were nominated for the Yard of the Month. Residents' yards may be nominated more than once. However, a resident's yard may only be awarded Yard of the Month one time per year. The program year runs January through December. Mayor Phelps and Marketing Specialist Nicole Recker presented the August Yards of the Month awards to: Dorsey Martin, 2524 Springvale; Jose Aguilar, 3072 Topaz; Mary Jo and Rich Kreekon, 2740 Farmers Branch Lane; and Walter and Tammy Olsen, 3047 Selma Lane. Volume 100, page 11 A.5 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 Tern O'Hare, seconded by Councilman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF BUILDERS BREAKFAST MEETING OF AUGUST 18, 2007 AND CITY COUNCIL MEETING OF AUGUST 21, 2007. B.2 ADOPTED ORDINANCE NO. 2929 DENYING THE REQUEST OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE. ORDINANCE NO. 2929 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX. B.3 ADOPTED RESOLUTION NO. 2007-111 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CUSTODIAL SERVICES WITH BRITTON BUILDING MAINTENANCE, INC., IN THE AMOUNT OF $307,147.08. B.4 ADOPTED RESOLUTION NO. 2007-112 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $6,600.00 TO THE PROPERTY OWNER OF 2980 SOUTH SUNBECK CIRCLE AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,629.40 UNDER THE NEW HOME BUYER INCENTIVES Volume 100, page 12 PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 2980 SOUTH SUNBECK CIRCLE. B.5 ADOPTED RESOLUTION NO. 2007-118 RELATING TO THE APPOINTMENT OF A HEARING OFFICER FOR THE CITY OF FARMERS BRANCH AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM. C.1 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE 2918 APPROVING THE REQUEST OF THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT FOR A ZONING AMENDMENT TO PLANNED DEVELOPMENT NO. 20 AND APPROVAL OF THE ACCOMPANYING CONCEPT PLAN FOR THE BROOKHAVEN COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 20 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The existing Brookhaven College occupies approximately 435,000 square feet in 18 major and 14 minor or temporary buildings on the approximately 192-acre campus with over 2,500 surface parking spaces. The current enrollment at Brookhaven College is approximately 10,450 students and the Dallas County Community College District projects enrollment to increase to 13,000 students by 2010. The original Planned Development No. 20 zoning ordinance (Ordinance 1062) was approved in 1975 changing the underlying zoning for the Brookhaven College campus from Single-family Residence-2 (R-2), to Single-family Residence-3 (R-3), and granting a Specific Use Permit allowing college uses. Also added was the requirement for site plan approval by the Planning and Zoning Commission and the City Council prior to any development or improvements on the campus. The applicant is proposing to amend Planned Development No. 20 zoning development standards to better accommodate the future educational needs for this growing college campus. The amended Planned Development No. 20 will better define educational uses, as well as set new development standards for site coverage, building setbacks, landscaping, parking, signs, and building materials. In addition, the proposed development standards include new procedures for Site Plan Approval. Staff would be able to approve Site Plan applications that conform to the approved Concept Plan. Site Plans not conforming to the approved Concept Plan, and proposed Specific Use Permits, would still require Planning and Zoning Commission review and City Council approval. Attached with the proposed zoning ordinance is an amended Concept Plan for the campus derived from the Dallas County Community College District's recent Volume 100, page 13 Bond Program. The Concept Plan features three proposed buildings to be built before the end of 2010 and a fourth proposed building to be built at a later date. In addition, the new Concept Plan proposes improvement of the existing Valley View Lane entrance and two new access drives to the campus: one at the intersection of Valley View Lane and Alpha Road and one on Marsh Lane. Other improvements shown on the proposed Concept Plan include improvement of the north section of the campus ring road, potential relocation of two soccer fields, storm water drainage improvements, three proposed monument signs with electronic/changeable text, and additional landscaping. The approval of the proposed Planned Development No. 20 amendment and accompanying proposed Concept Plan will facilitate the ability of the Dallas County Community College District to continue serving the future educational needs of the City and the neighboring urban community. The Planning & Zoning Commission, by unanimous vote, recommends approval of proposed Ordinance No. 2918, amending the Planned Development No. 20 (PD-20) zoning district, including the accompanying proposed Concept Plan. Mayor Phelps opened the public hearing Planning Director Andy Gillies gave the City Council an overview of the proposed major Planned Development 20 revisions. Traffic Engineer Dave Davis gave the City Council an overview of the proposed Marsh Lane access. Karla Acuff, 13823 Tanglewood, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Elizabeth Bingham, 13816 Braemar, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Tod Six, 13816 Tanglewood, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Greg Knapp, 3521 Pine Tree Circle, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Janae Hawkins, 13814 Wooded Creek Court, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Volume 100, page 14 Matt Burton, 3211 Rolling Knoll Place, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal and the soccer fields without lights. Hal Cone, 3718 Wooded Creek, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Gretchen Cash, 13818 Wooded Creek Court, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal and the proposed three-story building. Mike Hawkins, 13814 Wooded Creek, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Mike DelValle, 3161 Whitemarsh, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. William Glancy, 3808 Wooded Creek, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Paul Heller, 13806 Wooded Creek, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Lynda Longstreet-Hall, 3802 Wooded Creek Drive, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Cindi Bowen, 3810 Wooded Creek, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Tom Bohmier, 14506 Oakmont Drive, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Rick Lyon, 3809 Wooded Creek, stated he would like to see changes in the notification process of zoning cases and would like to see Farmers Branch green up as much as possible. Frank Mages, 13801 Wooded Creek, stated he is opposed to agenda item C.1. Cheryl Howerton, 3657 Morningstar, spoke in opposition to the Brookhaven College request relating to Marsh Lane entrance proposal. Following a lengthy discussion regarding the Planned Development No. 20 amendment and accompanying proposed Concept Plan, it was moved by Deputy Mayor Pro Tem Robinson, seconded by Councilman Smith, to deny proposed Ordinance No. 2918, with Councilmembers Smith, Robinson, O'Hare and Scott Volume 100, page 15 voting "aye," and Councilman Koch voting "nay." The motion passed with a four to one vote. C.2 PUBLIC HEARING: 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 August 21, 2007 and one tonight. Final property tax rate adoption is scheduled during the City Council meeting on September 18, 2007. Mayor Phelps open the public hearing. Gene Bledsoe, 3322 Gatwick, stated he was concerned with the effective tax increase on senior citizens. Councilman Scott replied there has been no tax increase. Councilman Koch asked Mr. Bledsoe to bring in an example of a tax statement showing how much this would increase taxes on a home. [1 Finance Director Charles Cox briefed the Council on the property valuation and taxes. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," closed the public hearing. D.1 CONSIDER ADOPTING ORDINANCE NO. 2915 TO INCREASE THE MEMBERSHIP OF CERTAIN BOARDS, COMMISSIONS AND COMMITTEES REMOVING PROVISIONS FOR ALTERNATE MEMBERS OF CERTAIN BOARDS AND COMMISSIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the August 21 st City Council Study Session, the Council expressed a desire to increase the number of members on certain City boards, commissions and committees in order to accommodate the recent increased level of interest among citizens to serve the City. Council also stated that they wished to make all members of these bodies voting members, thereby eliminating the alternate designation placed on some members. Council recommended that the Planning and Zoning Commission, the Library Board and the Historical Preservation & Restoration Board each be increased by two members; the Parks and Recreation Board and the Animal Shelter Advisory Volume 100, page 16 Committee by three members; the Senior Advisory Board by five members; and, the Community Watch Committee by six. It was noted that the number of members of the Zoning Board of Adjustments is established by state law and therefore cannot be altered by the City Council. Staff recommends that the places added have their expiration dates divided between two years so that the numbers of members up for re-appointment are evenly distributed. City Administration recommends adopting Ordinance No. 2915 increasing the membership of certain boards, commissions and committees and removing the provisions for alternate members. David Merritt, Chairman of Planning and Zoning Commission, 3303 Highland Meadow Drive, questioned the process of increasing the membership of Boards and Commissions. Paul Heller, 13806 Wooded Creek, questioned what would constitute a majority vote. Following a lengthy discussion regarding proposed Ordinance No. 2915 increasing the membership on certain boards, commissions and committees and removing the provisions for alternate members, it was moved by Deputy Mayor Pro Tern Robinson, seconded by Councilman Koch, to approve the following captioned Ordinance No. 2915, with all voting "aye." The motion passed unanimously. ORDINANCE NO. 2915 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO INCREASE THE MEMBERSHIP OF CERTAIN BOARDS, COMMISSIONS AND COMMITTEES, REMOVING PROVISIONS FOR ALTERNATE MEMBERS ON CERTAIN BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. D.2 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Councilman Koch, seconded by Mayor Pro Tem O'Hare, all voting "aye," appointed Robin Bernier to the Animal Shelter. A motion by Councilman Koch, seconded by Mayor Pro Tern O'Hare, all voting "aye," appointed Jamie Jewel to the Historical Preservations and Restoration Board. Volume 100, page 17 A motion by Councilman Scott, seconded by Mayor Pro Tern O'Hare, all voting "aye," appointed Harold Froehlich and Matt Burton to the Planning and Zoning Commission. A motion by Mayor Pro Tern O'Hare, seconded by Councilman Scott, all voting "aye," appointed RoseAnn Danziger, Claire Schoeneck, Heather O'Hara and Terri Harwell to the Community Watch Committee. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, requests, committee or organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 9:36 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 11:30 P.M. AFTER THE REGULAR CITY COUNCIL MEETING AT 6:30 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 Anthony Anderson, et. al., v. City of Farmers Branch, Cause No. 0207695 Mayor Phelps explained the City Attorney and staff would be present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss property at Bee Street and Pepperwood. Volume 100, page 18 Mayor Phelps explained City staff would be present to discuss this item with the City Council. E.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss City Manager's evaluation. Mayor Phelps explained the City Council would conduct the City Manager's evaluation. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in executive session. A motion by Mayor Phelps, a second by Councilman Smith, all voting "aye," approved an addendum to the City Manager's employment agreement to include a salary increase to $168,000 per year, and deferred compensation of $15,000 a year. Mayor Phelps stated no other action was needed and City Council was updated on the remaining items discussed in Executive Session. F.2 ADJOURNMENT. A motion by Councilman Scott, a second by Deputy Mayor Pro Tern Robinson, all voting "aye," adjourned the City Council meeting of September 4, 2007 at 11:31 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 19