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2007-10-16 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, October 16, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Tim O'Hare Deputy Mayor Pro Tem Ben Robinson Councilmembers Jim Smith David Koch City Manager Assistant City Manager City Secretary Director of Economic Development City Attorney City Engineer Director of Community Services Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief The following members of the Administration were present: Tim Scott Gary D. Greer Greg Vick Cindee Peters Norma Nichols Reed Michael Kallas Jerry Murawski Michael Spicer Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps gave the invocation and led the pledge of allegiance. A.2 RECOGNIZE AND PRESENT HONORARY CITIZENSHIP CERTIFICATES TO STUDENTS VISITING FROM OUR SISTER CITY OF GARBSEN, GERMANY. Mayor Phelps recognized and presented honorary citizenship certificates to 24 high school students visiting the City of Farmers Branch from our Sister City of Garbsen, Germany. A.3 PRESENTATION OF THE DALLAS TEXANS ROSS STEWART SOCCER COMPLEX APPRECIATION PLAQUE. Volume 100, page 45 Mayor Phelps presented the Dallas Texans Ross Steward Soccer Complex appreciation plaque to Anne Coe, Jeff Harting and Jeff Fuller. A.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting "aye", appointed Louise Henning to the Animal Shelter Advisory Committee. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", appointed David Honnoll, Jason O'Quinn, and William Glancy to the Planning and Zoning Commission. A.5 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave an overview of the items discussed in the 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, a second by Councilman Robinson, all voting "aye," approved the consent agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 2, 2007. B.2 ADOPTED RESOLUTION NO. 2007-134 ACCEPTING A TEXAS FOREST SERVICE 2007 URBAN FORESTRY PARTNERSHIP GRANT IN THE AMOUNT OF $10,000 TO FUND A TREE INVENTORY OF CITY MAINTAINED TREES. B.3 ADOPTED RESOLUTION NO. 2007-123 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) PREVENTIVE MAINTENANCE SERVICES WITH DANIELS AIR INC., IN THE AMOUNT OF $26,896. Volume 100, page 46 B.4 ADOPTED RESOLUTION NO, 2007-111 AUTHORIZING THE PURCHASE OF A 2008 AMBULANCE ON THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT IN THE AMOUNT OF $143,150. C.1 PUBLIC HEARING: CONSIDER REQUEST TO APPROVE A REVISED FINAL PLAT OF NANCY H. STRICKLAND INTERMEDIATE SCHOOL AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Carrollton-Farmers Branch Independent School District is requesting a revision to the final plat of Nancy H. Strickland Intermediate School, which was approved by the City Council on June 18, 2007. The two-story school building is currently under construction. Mayor Phelps opened the public hearing. A motion by Councilman Smith, a second by Mayor Pro Tern O'Hare, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", approved the revised Final Plat of Nancy H. Strickland Intermediate School. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2942 APPROVING THE REQUEST OF VILLAGE OAKS TO AMEND A SITE PLAN ASSOCIATED WITH AN APPROVED SPECIFIC USE PERMIT FOR AN ASSISTED LIVING FACILITY WITH SPECIAL CARE UNIT LOCATED ON APPROXIMATELY 4.007 ACRES AT 13505 WEBB CHAPEL ROAD WITHIN THE OFFICE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is zoned Office. A Specific Use Permit for the existing assisted living facility was approved in 1997 and amended in 2004 to include a special care unit for persons with memory loss disorders. The site is currently developed with an approximate 42,741 square foot, one-story building. The Planning and Zoning Commission unanimously recommends approval of the site plan amendment associated with the approved Specific Use Permit, with the following condition: 1. The subject property shall be replatted to dedicate the necessary fire lane and utility easements, prior to issuance of a building permit. Mayor Phelps opened the public hearing. Volume 100, page 47 A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting "aye", closed the public hearing. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2942 approving the site plan amendment associated with the approved Specific Use Permit, with the condition recommended by the Planning and Zoning Commission. ORDINANCE NUMBER 2942 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING A SITE PLAN ASSOCIATED WITH AN APPROVED SPECIFIC USE PERMIT FOR AN ASSISTED LIVING FACILITY WITH SPECIAL CARE UNIT LOCATED ON APPROXIMATELY 4.007 ACRES AT 13505 WEBB CHAPEL ROAD WITHIN THE OFFICE ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-132 AUTHORIZING THE CITY MANAGER TO APPROVE A NEW CITY LOGO AS PART OF THE CITY'S BRANDING CAMPAIGN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On August 6, 2007 the City Council authorized the City Manager to execute an agreement with HCK2 Partners for the City's branding campaign. As the first stage of the branding campaign, a new City logo was designed to represent Farmers Branch in its entirety. The new logo will be used to spearhead a three-year branding implementation process. Mr. Rick Lyons, Ms. Elaine Luttrell and Mr. Jose Galvez spoke in opposition of the new logo. A motion by Mayor Pro Tem O'Hare, a second by Councilman Scott, with O'Hare, Scott and Koch voting "aye", and Councilman Smith and Robinson Volume 100, page 48 voting "nay" to adopt Resolution No. 2007-132 authorizing the City Manager to approve logo "B" as the new City logo. The motion passed with a 3 to 2 vote. D.2 CONSIDER RESOLUTION NO. 2007-135 SUPPORTING THE TRINITY PARKWAY PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item has been pulled from the agenda. D.3 CONSIDER ADOPTING RESOLUTION NO. 2007-128 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $6,727.17 AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,629.40 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF PROPERTY OWNER OF 12943 EPPS FIELD ROAD AND TAKE APPROPRIATE ACTION. Mayor Phelps the property owner at 12943 Epps Field Road recently purchased a new home, and has submitted an approved application for incentives under the New Home Buyer Incentives Program. The property owner is eligible to receive an incentive grant in the amount of $6,727.17, and complimentary services in an amount not to exceed $3,629.40. A motion by Mayor Pro Tem O'Hare, a second by Councilman Scott, all voting "aye", adopted Resolution No. 2007-128 awarding incentives and complimentary services to the property owner of 12943 Epps Field. DA CONSIDER ADOPTING ORDINANCE NO. 2943 SUSPENDING THE OCTOBER 25, 2007 EFFECTIVE DATE FOR A RATE INCREASE IN ATMOS ENERGY'S RATES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On September 20, 2007, Atmos Energy filed a Statement of Intent with 439 cities that it serves in Texas to increase the rates charged for natural gas service. The City of Farmers Branch is a member of the coalition of cities now known as the Atmos Cities Steering Committee (ACSC). The coalition is a permanent standing committee with 99 members who have passed resolutions authorizing the coalition to intervene on behalf of the City in natural gas matters pending before the Railroad Commission, the Courts or the Legislature. There are currently 141 cities participating with the coalition. The ordinance suspends the effective date of the Company's rate increase for the maximum period permitted by law to allow the City and the coalition of Cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. Volume 100, page 49 Following a brief discussion, a motion by Councilman Smith, a second by Councilman Koch, all voting "aye", adopted the following captioned Ordinance No. 2943 suspending the effective date of Atmos Energy's rate increase. ORDINANCE NO. 2943 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL D.5 CONSIDER ADOPTING RESOLUTION NO. 2007-130 APPROVING THE REQUEST OF BROOKHAVEN COLLEGE FOR SITE PLAN APPROVAL FOR A NEW SCIENCE BUILDING, LOCATED ON AN APPROXIMATELY 10-ACRE SITE IN THE CENTRAL AREA OF THE 192-ACRE COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MARSH LANE AND VALLEY VIEW LANE, WITHIN THE PLANNED DEVELOPMENT NO. 20 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Brookhaven College is proposing the development of a new Science Building within its existing 192-acre campus. This proposed building shall be used for classrooms, laboratories, and faculty offices. In addition to the new building, the proposal includes realignment of the northern portion of the campus ring road to accommodate better circulation and parking. The exterior of the proposed Science Building will be predominantly brick and match the existing campus buildings. The Planning and Zoning Commission unanimously recommends approval of the proposed Site Plan with the following condition: 1. The entire 192-acre Brookhaven College campus shall be platted, including proposed fire lanes and proposed utility easements before any Certificates of Volume 100, page 50 [1 Occupancy are approved for the proposed Science Building or any future buildings on the campus. Mr. Andy Gilles gave a brief overview of the Planning and Zoning meeting. Mr. Steve Park made a brief presentation concerning the proposed building and detention pond. After a brief discussion, a motion by Councilman Robinson, a second by Mayor Pro Tem. O'Hare, all voting "aye", approved Resolution No. 2007-130 approving the proposed site plan and associated drawings. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or committee reports. 1 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:45 P.M., RECESSED AT 6:22 P.M., RECONVENED AT 8:18 P.M. AND CONCLUDED AT 8:57 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. Jones vs. Ramsey 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 Staff was present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, trade or lease for the I-35 Rights of Way expansion. Volume 100, page 51 Mayor Phelps explained Staff was present to discuss this item with the 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. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", approved the settlement of Jones vs. Ramsey. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", approved Resolution No. 2007-129. F.2 ADJOURNMENT. A moti y C2it cilman Smith, a second by Coun ' an Scott, voting "aye", adjofi e he Council meeting of October 16 2 7 at 8:58 p. ~J Bob Phelps, Mayor Cindee Peters, City Secretary 1 r' Volume 100, page 52