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2008-09-02 CC MinutesCity of Farmers Branch City Council Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 2, 2008 The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers The following members of the Administration were present: I 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 Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich Gary 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 O'Hare called the City Council meeting of September 2, 2008 to order at 6:30 p.m. the meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Assistant City Manager Greg Vick gave the invocation and Police Chief Sid Fuller led the pledge of allegiance. A.2 PRESENTATION OF SERVICE AWARD - OFFICER MICHAEL MCKEMIE - POLICE DEPARTMENT -10 YEARS. Mayor O'Hare presented a 10 year employee service award to Michael McKemie of the Police Department. Volume 101, page 83 A.3 PROCLAIM OCTOBER AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor O'Hare read and presented the proclamation to Ms. Cindy Coangelo with Special Care & Career Services. A.4 Recognition of Yard of the Month recipients for exemplary efforts in maintaining their yards and for adding beautification to the City. 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. The City was divided into quadrants, therefore awarding four yards each month. The panel of judges comprised of various City staff, City officials and horticulture specialists changes each month. Mayor O'Hare presented certificates to the following: *South West- Bill & Georgiann Line - 2980 Randy • South East- Derek & Jeanne Howell - 3619 Courtdale *North West -Donny Reed - 2556 Albermarle *North East - Eugenio Olvera- 3337 Portlock (was not present) A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. There were no applications. A.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief summary of items discussed in Study Session prior to the Regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tern Ben Robinson, a second by Councilman Scott, all voting "aye", approved the consent agenda as submitted. B.1 APPROVED MINUTES OF THE BUDGET WORKSHOP ON AUGUST 12, 2008, OF CITY COUNCIL MEETING OF AUGUST 12, 2008, THE SPECIAL Volume 101, page 84 MEETING ON AUGUST 12, 2008 REGARDING THE PARISH DAY SCHOOL, AND SPECIAL MEETING ON AUGUST 26, 2008. B.2 ADOPTED RESOLUTION NO. 2008-078 AWARDING THE BID FOR HOLIDAY LIGHTING INSTALLATION, MAINTENANCE AND REMOVAL TO KEVIN SCHADED LIGHTING IN THE AMOUNT OF $56,600. B.3 ADOPTED RESOLUTION NO. 2008-084 APPROVING THE APPOINTMENTS OF TIM O'HARE TO THE OFFICE OF PRESIDENT, BEN ROBINSON TO THE OFFICE OF VICE PRESIDENT, GARY GREER TO THE OFFICE OF TREASURER, AND MICHAEL SPICER TO THE OFFICE OF SECRETARY OF THE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION. B.4 ADOPTED RESOLUTION NO. 2008-081 AUTHORIZING CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH IN THE AMOUNT OF $6,856. B.5 ADOPTED RESOLUTION NO. 2008-082 CASTING A VOTE IN THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES ELECTION. C.1 PUBLIC HEARING: TO CONSIDER MAINTAINING A $0.4945 PROPERTY TAX RATE AND TAKE APPROPRIATE ACTION. Charles Cox stated this public hearing provides an opportunity for anyone to comment on the proposed tax rate. Mayor O'Hare opened the public hearing. There were no comments from citizens. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye" closed the public hearing. C.2 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION 2008-075 GRANTING APPROVAL OF A SITE PLAN FOR THE FARMERS BRANCH ANIMAL ADOPTION CENTER LOCATED AT 3727 VALLEY VIEW LANE, WITHIN THE ONE-FAMILY RESIDENCE DISTRICT-2 (R-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning, explained the subject property is an approximate 0.8-acre vacant lot owned by the City of Farmers Branch and located just east of the Farmers Branch Justice Center. In November 2007 the City Council adopted Resolution 2007-150 approving this location for the new Animal Adoption Center. Volume 101, page 85 The Animal Adoption Center will be a one-story building containing approximately 5,050 square feet of air-conditioned space. It will have capacity to concurrently house up to 37 dogs and 31 cats and will be situated to maximize its visibility from Valley View Lane. The facility will be constructed of predominantly brick and split-faced masonry complemented by metal accent panels, metal window canopies and a standing seam metal roof. Its overall design will complement the adjacent Justice Center and other City facilities. The Planning and Zoning Commission, by unanimous vote, recommends approval of the site plan for the Farmers Branch Animal Adoption Center located at 3727 Valley View Lane. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Froehlich, all voting "aye", closed the public hearing. Councilman Koch stated he had received emails from citizens concerned about the noise that may come from the animal shelter. Mr. Gillies stated the noise issue has been addressed with residents in the area. A motion by Mayor Pro Tem Robinson, a second by Councilman Koch, all voting "aye" approved Resolution No. 2008-075. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2997 APPROVING THE REQUEST FROM QUAD CORNERS INVESTMENTS LIMITED FOR A SPECIFIC USE PERMIT TO ALLOW AN INDOOR COMMERCIAL AMUSEMENT USE IN AN EXISTING OFFICE BUILDING LOCATED AT 3604 BELTLINE ROAD WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning, explained the applicant seeks approval of a specific use permit to allow a portion of the building, Suite 200, to be used for wedding receptions and similar events. The remaining portion of the building, Suite 100, will be used for general office uses. This site is a 0.88 acre lot situated at the southeast corner of Beltline Road and Venture Drive. The existing one-story, 10,000 square foot office building is currently vacant. The applicant proposes to create a 4,000 square foot banquet room and significantly expand the kitchen and restroom facilities. The remainder of the building, Suite 100, would consist of approximately 3,900 square feet and will be used for general office activities. Parking is being provided both on-site and off-site. Special parking agreements with adjacent properties to the east and south of the site have been developed to provide Volume 101, page 86 adequate parking for larger evening events and to make better use of excess parking on the adjacent properties. The applicant is proposing various on-site improvements including additional landscaping, parking lot and dumpster screening, and sidewalks. The Planning & Zoning Commission, by unanimous vote, recommends approval of the specific use permit for an indoor commercial amusement use at 3604 Beltline Road, including the associated site plan and plan of operation subject to the following condition: 1. That events held in Suite 200 begin no earlier than 3:00 PM and conclude no later than 1:00 AM on any day of the week. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. There followed a brief discussion concerning alcohol being served at this location. A motion by Mayor Pro Tem Robinson, a second by Councilman Koch, all voting "aye", adopted the following captioned Ordinance No. 2997 as amended. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW INDOOR COMMERCIAL AMUSEMENT FOR 6,100 SQUARE FEET (SUITE 200) WITHIN AN EXISTING 10,000 SQUARE FOOT BUILDING LOCATED ON A 0.88- ACRE TRACT AT 3604 BELTLINE ROAD AND WITHIN THE LIGHT INDUSTRIAL (LI) 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. CA PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2008-074 AUTHORIZING AND CREATING THE MERCER CROSSING PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE AND TAKE APPROPRIATE ACTION. Mr. Jerry Murawski, City Engineer, stated on August 11, 2008, property owners representing approximately 1,062 acres on the west side of the City filed a petition with the City Secretary requesting creation of the Mercer Crossing Public Improvement District. The purposes of the district include the design, acquisition, and construction of Volume 101, page 87 public improvements necessary for development of the properties. The public improvements will include streets, water, wastewater, drainage facilities and improvements, public areas, and associated amenities. The design of the improvements is substantially complete. The creation of the district will give the City the ability to levy assessments on the properties to fund the public improvements based on special benefit to the properties derived from the public improvements. If the City Council approves creation of the Mercer Crossing Public Improvement District, the district will be created 20 days after notice of the district's creation is published in the newspaper. Later this month the developer is scheduled to submit the district's service and assessment plan to the City and the underwriter for review. The service and assessment plan is a significant document that identifies each improvement and its cost, each tax parcel and its appraised value, the special benefit each improvement imparts on each tax parcel, and the special assessment to be levied on each tax parcel. When the plan is acceptable to the City and bond underwriter, it will be forwarded to the City Council for consideration. After City Council approval, the service and assessment plan is sent to the Texas Attorney General for approval, which is a requisite for issuing debt to fund the improvements. The creation of the district does not obligate the City to provide any funds to finance the public improvements or assume any district debt. After bonds have been issued and the assessments levied, the City does have the obligation to foreclose on properties that do not pay the assessment. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Froehlich, all voting "aye", closed the public hearing. A motion by Councilman Koch, a second by Mayor Pro Tern Robinson, all voting "aye", approved Resolution No. 2008-074. D.1 CONSIDER ADOPTING RESOLUTION NO. 2008-080 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TOWN OF ADDISON, TEXAS AND THE CITY OF CARROLLTON, TEXAS TO FACILITATE PARTICIPATION IN THE PROJECT LIFESAVER PROGRAM AND TAKE APPROPRIATE ACTION. Police Chief Sid Fuller stated that Senior Adult Services approached the Town of Addison and the Cities of Farmers Branch and Carrollton to participate in a program known as Project Lifesaver. The mission of Project Lifesaver is to help locate senior adults who, due to infirmity, are lost and unable to find their way home. Local law enforcement can locate senior adults that may be wearing a wrist transmitter by utilizing a tracking device provided through the Project Lifesaver program. Volume 101, page 88 The Town of Addison has acquired the tracking devices and other equipment and training needed to facilitate the locating of senior adults wearing a wrist transmitter. Through cooperation with Senior Adult Services, the Town of Addison wishes to assist the cities of Farmers Branch and Carrollton by providing access to the equipment and trained personnel needed to track senior adults that may be wearing a wrist transmitter. The Cities of Farmers Branch and Carrollton will provide support personnel, as needed, to accomplish the mission of the program. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", approved Resolution No. 2009-080. D.2 CONSIDER ADOPTING ORDINANCE NO. 2999 AMENDING THE CODE OF ORDINANCES RELATIVE TO BUSINESS LICENSING OF SINGLE FAMILY RENTAL PROPERTIES AND TAKE APPROPRIATE ACTION. Mr. Jim Olk, Building Official, explained Ordinance No. 1420, adopted in 1983, established business license requirements for single family rental housing. Proposed Ordinance No. 2999 amends those provisions. The proposed amendments are intended to clarify responsibility for enforcement of the regulations, allow on-line applications, allow for staggered license renewals, and establish a "change in occupancy/tenancy" inspection that is consistent and compatible with the current Certificate of Occupancy program. Additionally the ordinance proposes to increase the license fee from $35.00 to $50.00 and the reinspection fee will be raised from $25.00 to $50.00. There followed a brief discussion concerning these fees and the Council would like to see the license fee increased to $75.00 and a 60 day period before the ordinance goes into effect in order for owners to be contacted about the increase. A motion by Mayor Pro Tern Robinson, a second by Councilman Smith, all voting "aye", adopted the following captioned Ordinance No. 2999 as amended. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 26, ARTICE III OF THE CODE OF ORDINANCES RELATIVETO LICENSING OF SINGLE FAMILY RENTAL HOUSING; REPEALING ORDINANCE NO. 1420 AND ORDINANCE NO. 1468; REPEALING ALL OTHER ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABLILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2008-086 AUTHORIZING THE EXECUTION OF A LETTER OF ENGAGEMENT WITH NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. FOR LEGAL SERVICES AND TAKE APPROPRIATE ACTION. Volume 101, page 89 Sharma Sims-Bradish, Assistant City Manager stated the City issued a Request for Proposals (RFP) for municipal legal services in late June. Nine proposals were received and five firms were interviewed on August 18th by a panel made up of the Mayor and key management personnel. Firms were evaluated based on the following criteria: • Depth and breadth of experience and expertise in municipal law • Capability to perform legal services in an effective and efficient manner • Availability for quick response to inquiries and issues • Ability to remain current in the field of municipal law • Communication skills • Cost of services After reviewing the proposals, interviewing key personnel in these firms and checking references, the firm of Nichols, Jackson, Dillard, Hager & Smith L.L.P. is recommended as the firm that could best meet the needs of the City of Farmers Branch. Nichols, Jackson, Dillard, Hager & Smith, L.L.P. was initially formed in 1895 and is located in downtown Dallas. The firm is comprised of thirteen attorneys and is exclusively focused on representation of Texas municipalities and public subdivisions. Currently, Nichols, Jackson, Dillard, Hager & Smith L.L.P. represents over twenty-five cities in the Dallas-Fort Worth area including the cities of Richardson, Allen, University Park, Coppell, Rowlett, Cedar Hill, The Colony, Duncanville and DeSoto. The firms stated that they have no conflict of interest with any the cities they currently represent with the City of Farmers Branch. The primary attorney for the City of Farmers Branch will be Peter G. Smith. Mr. Smith has been practicing public law since 1981 and is a recognized expert in municipal law, economic development, zoning and land use and ad valorem taxation. Mr. Smith is a managing partner for the firm. Mr. Smith currently serves as City Attorney for the City of Richardson and City of Allen. Assisting Mr. Smith will be Kevin B. Laughlin as secondary attorney for the City of Farmers Branch. Mr. Laughlin has over twelve years of experience in public law including serving as City Attorney for the City of Kerrville and First Assistant City Attorney for the City of Midland. Mr. Braden Metcalf will serve as the primary municipal court prosecutor. Mr. Metcalf has extensive experience in all phases of litigation and currently handles prosecutions for the City of Richardson Municipal Court. The Letter of Engagement has an effective date of October 1, 2008 and states that the City will be billed an hourly rate of $160.00 per hour for required legal services. The contract may be terminated for any reason with ninety (90) day notice. Administration will be working with the City's current legal firm and Nichols, Jackson, Dillard, Hager & Smith, L.L.P. during the month of September to ensure that there is a smooth transition in regards to legal services. Volume 101, page 90 A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye", approved Resolution No. 2008-086. D.4 CONSIDER COUNCIL REPORTS. There were no reports. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:50 P.M., RECESSED AT 6:25 P.M., RECONVENED AT 7:40 P.M. AND CONCLUDED AT 9:42 P.M. TEXAS GOVERNMENT CODE CHAPTER 51 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, 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 Mayor O'Hare stated city attorneys from Strasburger & Price were present to update City Council on litigation. E.2 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss city manager's evaluation. Mayor O'Hare stated the City Council would discuss the city manager's evaluation. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated there was no action necessary for items discussed in Executive Session. Volume 101, page 91 F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye" adjourned the City Council meeting of Septemb , 2008 at 9:43 p Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 101, page 92