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2008-05-06 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, May 6, 2008 6:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem. Deputy Mayor Pro Tern Councilmembers Bob Phelps Tim O'Hare Ben Robinson Jim Smith David Koch Tim Scott The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney Communications Director City Engineer Director of Community Services Director of Public Works Library Director Police Chief Fire Chief Gary D. Greer Greg Vick Shanna Sims-Bradish Cindee Peters Michael Kallas Tom Bryson Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Sid Fuller Kyle King Mayor Phelps called the City Council meeting of May 5, 2008 to order at 6:30 p.m. The meeting was televised. A.I INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Tim O'Hare gave the invocation and led the pledge of allegiance. Mayor Phelps thanked the Women's Club for their many donations including scholarships and money for City projects. Mayor Phelps also asked that a letter of thanks be sent. A.2 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Volume 101, page 20 Mayor Phelps presented the following information. May is nationally recognized as Older Americans Month. The Parks and Recreation Department and the Senior Advisory Board request that the City Council proclaim May as Older Americans Month in Farmers Branch which will help make the public aware of the popular and rewarding ways senior citizens pursue their volunteer and leisure interests. The May events will help promote an awareness of the opportunities available to senior citizens. The following highlighted activities will be offered in May at the Senior Center: • Kick off party with a hot dog lunch and entertainment by C-FBISD Elementary Honor Choir on Friday, May 2, 11:00 a.m. • Band dances at 7:00 p.m. every Monday night except Memorial Day, May 26th • May Breakfast, Monday, May 5th, 8:15 a.m. • The Dance Club will celebrate its 20th anniversary on Monday, May 12tH, 7:00 p.m. • Birthday celebration and luncheon, Wednesday, May 21St, noon • Ice Cream Social and internationally known Elvis impersonator on Wednesday, May 28 at 1:00 p.m. Trips in May are scheduled to: Dallas Museum of Art to see the Turner Exhibit on May 2 Tour of Grapevine Lake by amphibious duck vehicle on May 5 Cruisin' Cuisine to Fadi's Mediterranean Food on May 14 Lone Star Park horse races on May 22 Tour of the Old Red Courthouse Museum on May 23 Play "A Texas Romance" on May 29 Mayor Phelps presented Mrs. Katie Roberts, Senior Advisory Board Chair the proclamation. Mrs. Katie Roberts also presented a plaque to Mayor Phelps for his support to the seniors. A motion by Mayor Pro Tern O'Hare, a second by Councilman Smith, all voting "aye" proclaimed May as Older Americans Month in Farmers Branch. A.3 CONSIDER PROCLAIMING MAY AS ELDER ABUSE AWARENESS MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented a proclamation to Ms. Mary Kilgore, a staff member of the Adult Protective Services Community, for Elder Abuse Awareness Month. A.4 PRESENTATION BY THE MEN'S LACROSSE ASSOCIATION REGARDING THE MEN'S COLLEGIATE LACROSSE CHAMPIONSHIP GAMES. Volume 101, page 21 Mr. Larry Manacco, Tournament Director with the Men's Lacrosse Association, made a presentation to the City Council to provide highlights of the Men's Collegiate Lacrosse Championship games to be held in May at the Ross Stewart Soccer Complex in Farmers Branch. A.5 PRESENTATION OF SERVICE AWARD AMANDA JOHNSON OF COMMUNICATIONS & MARKETING AND ECONOMIC DEVELOPMENT & TOURISM DEPARTMENTS - 10-YEAR SERVICE AWARD. Mayor Phelps presented a 10-year employee service award to Amanda Johnson. A.6 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, begun on August 1, 2007, 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. Mayor Phelps presented a certificate and gift card to the following April's Yards of the Month: • South West: Glenn McFall - 12417 Veronica Circle • South East: Elliott McCullough - 3115 Damascus Way • North West: John Howard - 2906 Las Campanas • North East: Joseph Patoskie - 3525 Pinehurst Circle A.7 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps explained this item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. There are four vacancies on the Senior Advisory Board. There is one vacancy on the Community Watch Committee. The following members of the Farmers Branch Local Government Corporation have terms that expire on May 31, 2008: Volume 101, page 22 Bob Phelps, Pres. Ben Robinson, Vice Pres. Gary Greer, Treasurer Michael Spicer Mayor Phelps stated these items would be on the next City Council agenda. A.8 REPORT ON STUDY SESSION ITEMS. The City Council members gave a brief report on 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 Tern O'Hare, a second by Councilman Robinson, all voting "aye", approved the consent agenda. B.I APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 15, 2008. B.2 ADOPTED RESOLUTION NO. 2008-031 APPROVING THE REQUEST BY LIBERTY BANKERS LIFE INSURANCE COMPANY FOR SITE PLAN APPROVAL OF AN APPROXIMATE 303 SQUARE FOOT ATTACHED WALL SIGN, INCLUDING VARIANCES TO NUMBER OF SIGNS AND SIGN AREA REQUIREMENTS AT 1605 LBJ FREEWAY WITHIN PLANNED DEVELOPMENT NO. 78. B.3 ADOPTED RESOLUTION NO. 2008-035 ACCEPTING A SIDEWALK EASEMENT DONATED TO THE CITY BY THE CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT TO CONSTRUCT AND CONTAIN SIDEWALK IMPROVEMENTS ON THE EAST SIDE OF GOODWATER STREET BETWEEN HAVENHURST AVENUE AND RICHLAND AVENUE. B.4 ADOPTED RESOLUTION NO. 2008-039, AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $9,334.35, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,390 UNDER THE NEW HOME Volume 101, page 23 INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 2628 LETA MAE DRIVE. B.5 ADOPTING RESOLUTION NO. 2008-037 APPROVING AMENDMENT NO. 1 TO DEVELOPER'S CONTRACT WITH BROADSTONE GALLERIA, L.P. RELATIVE TO BROADSTONE GALLERIA ADDITION. C.1 PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION NO. 2008- 036 AMENDING THE FOUR CORNERS VISION PLAN TO INCLUDE PROPERTY LOCATED AT 2730, 2732, 2734, 2736, 2738, 2740, 2802, 2804, 2806, 2808, 2810, 2812, 2814, 2816, 2818, 2820, 2822, 2824, 2826, 2828, 2830, 2832, 2834, 2836, 2838, 2840, 2842 AND 2844 GOLFING GREEN DRIVE AS PART OF THE LONG RANGE REDEVELOPMENT AND REVITALIZATION PLAN FOR THE AREA AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On December 18th, 2007 the City Council held a Public Hearing on the adoption of the Four Corners Vision Plan. This Plan proposed a new long-range redevelopment plan and implementation strategy for the approximate fifty acres generally situated around the intersection of Valley View Lane and Josey Lane. At that hearing several property owners and residents voiced concern about being included in the Vision Plan. Based on these citizen concerns, City Council amended the proposed Vision Plan excluding all the privately owned lots with frontage along Golfing Green Drive from the document. The Vision Plan was then approved unanimously by City Council. Since that meeting, however, twelve property owners (representing 14 properties) along this portion of Golfing Green Drive, including several who originally had concern and spoke in opposition to the Plan on December 18th, have reconsidered this redevelopment opportunity and have requested their properties be reinstated in the Four Corners Vision Plan. This resolution amending the Four Corners Vision Plan is based on this request made by the property owners. City administration recommends approval of Resolution 2008-036, reinstating these above-mentioned properties back into the Four Corners Vision Plan. Mayor Phelps opened the public hearing. Ms. Susan Evans, 13521 Rawhide Parkway, explained she was not against this request if the Council would be sensitive to future development in the area such as no town homes with garages facing Golfing Green. Ms. Kay Lovelace, 2836 Golfing Green, explained after the December City Council meeting, some of the owners had time to think about this project and all felt it would be in their best interest to be included in the Four Corners Vision Plan. Volume 101, page 24 A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", approved Resolution 2008-036 reinstating these above mentioned properties back into the Four Corners Vision Plan. C.2 PUBLIC HEARING: CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $96,000 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2008. Projects that are eligible for community development block grants are those projects that improve or maintain existing low-to-moderate income neighborhoods, promote low-income home ownership, or eliminate community-threatening conditions. Two areas of the City meet qualifications for the required low-to-moderate income standard to receive CDBG funds. Examples of eligible projects include water and sewer replacements, road projects, park rehabilitation, and sidewalks. The 2003-2004 funding was used for a pedestrian bridge over Cooks Creek in Jaycee Park. The 2004-2005 funding was used for sidewalks along Cookscreek Place. The 2005-2006 funding was used for sidewalks along Bee Street. The 2006-2007 funding was used for sidewalks along Havenhurst Street. The 2007- 2008 funding is being used for sidewalks along Goodwater Street and Richland Avenue. A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the funds should be spent. Funding proposals must be submitted to Dallas County by May 30, 2008. A resolution for the City's proposal will be prepared for City Council approval at the May 20 City Council meeting. City Administration recommends that a public hearing be held for public input on the use of Community Development Block Grants. Mayor Phelps opened the public hearing. No one spoke regarding this item. Volume 101, page 25 A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", closed the public hearing. D.1 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. MAYOR PHELPS ANNOUNCED THAT NO EXECUTIVE SESSION WAS HELD. E.1 DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072. Camelot Landfill Lease - Greg Vick E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277 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 F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained there was no action necessary because no Executive Session was held. F.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", adjo ed ity Council meeting of May 5, 2008 at 7:2 p. . Bob Phelps, Ma or Cindee Peters, City Secretary Volume 101, page 26