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2006-01-09 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 9, 2006 6:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Ben Robinson Junie Smith Bill Moses Tim O'Hare The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick Assistant to the City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Director of Economic Development Norma Nichols Reed Finance Director Charles Cox City Engineer Jerry Murawski Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Acting Police Chief David Hale Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Library Director Danita Barber Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of January 9, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and led the pledge of allegiance. Volume 96, page 62 A.2 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation wishes to make a donation of $2,000 to the Police Department on behalf of the local Farmers Branch Wal-Mart Store located at 13307 Midway Road. This generous gift represents their appreciation to the Police Department for continued efforts to make Farmers Branch a safer place to live and work. The donation will be utilized by the Police Department to Purchase two Taser X26 less-lethal conducted energy weapons. Any remaining funds will be used to assist with associated training. This less-lethal technology gives the Department's officers another tool to assist them in their efforts to make Farmers Branch a safer community. Valencia Randle, the local Wal-Mart representative at the Farmers Branch store, presented the donation to Mayor Phelps and Acting Police Chief Hale. The Chief of Police recommends accepting the $2,000 donation from Wal-Mart to be used to purchase two Taser X26 conducted energy weapons. A motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," accepted the donation from Wal-Mart to be used to purchase two Taser X26 conducted energy weapons. A.3 PRESENTATION OF SERVICE AWARD - KYLE KING OF THE FIRE DEPARTMENT -30 YEARS. Mayor Phelps presented a 30-employee service award to Chief Kyle King of the Farmers Branch the Fire Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. Councilwoman Smith announced that the City's Community Meeting would be held on March 30th at the Senior Center beginning at 7 p.m. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 96, page 63 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 Bird, seconded by Councilman O'Hare, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 19, 2005. B.2 ADOPTED RESOLUTION NO. 2006-005 AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH CAROLYN C. CHANEY & ASSOCIATES, INC. TO PROVIDE FEDERAL LOBBYING AND INFORMATION SERVICES. B.3 ADOPTED RESOLUTION NO. 2006-003 APPROVING THE REQUEST OF JOHN CARTER ON BEHALF OF MULTIMEDIA SOLUTIONS, INC., FOR SITE PLAN APPROVAL OF AN OFFICE/WAREHOUSE BUILDING TO BE LOCATED AT 2317 SPRINGLAKE ROAD, APPROXIMATELY 335 FEET WEST OF THE IH-35 STEMMONS FREEWAY SERVICE ROAD WITHIN THE PLANNED DEVELOPMENT NO. 24 ZONING DISTRICT. C.1 CITIZEN PARTICIPATION. Tony Munoz, 2960 Maydelle Lane, voiced his concerns regarding the issue associated with the Farmers Branch Police Department. Calla Davis, 2828 Selma Lane, thanked the Police Department for the good job they did after the burglary of her home. Ms. Davis also voiced her concerns regarding the issues associated with the Farmers Branch Police Department. John Wells, 13521 Heartside Place, expressed his concerns regarding no notice by TXU to cut trees in his yard, residents trying to use the Manske Library on January 2nd and the dates of the City's next Community Meeting. C.2 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2006-004 APPROVING THE INWOOD PLAZA CENTER ADDITION PLAT AND AMENDMENT NO.2 AND RESTATEMENT OF DEVELOPER'S CONTRACT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Lincoln Property Company is the owner of Inwood Plaza Center, an 8.44-acre site located at the northwest corner of Inwood Road and Alpha Road. There are four retail buildings on the Volume 96, page 64 property. Lincoln Property Company is adding 40 parking spaces along Inwood Road. On December 5, 2005, the City Council approved the site plan for the addition of the parking spaces. The property is being platted to do the following: ❑ combine the two tracts into one lot ❑ abandon an existing 20-foot fire lane and utility easement a dedicate a street easement for Inwood Road and Alpha Road ❑ dedicate fire lane easements, sidewalk easement, and utility easements. Amendment No. 2 and Restatement of Developer's Contract is proposed to provide for the future dedication of additional right-of-way for Nall Road and for construction of sidewalks along Inwood Road and Alpha Road when required by the City and without cost to the City. Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. Written notifications are not required. The Amendment No. 2 and Restatement of Developer's Contract for Inwood Plaza Center conform to the site plan and the plat is consistent with the Texas Local Government Code and with City requirements for a plat. The Planning and Zoning Commission recommends approval of Inwood Plaza Center plat. The City Engineer recommends approval of Amendment No. 2 and Restatement of Developer's Contract. The public hearing is required only with regard to the plat. Resolution No. 2006-004 approves the plat and amendment and restatement of developer's contract concurrently. Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman Moses, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2006-004 approving the Inwood Plaza Center plat and Amendment No. 2 and Restatement of Developer's Contract. D.1 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE AND SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. There were no appointments made to these committees. Volume 96, page 65 D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, request, committee or organizational reports. [1 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 5:10 P.M. AND THEN CONCLUDED AT 6:25 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 LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, trade or lease of properties in the DART Station Area located in Farmers Branch, Texas. Mayor Phelps stated that staff was present to discuss this item with City Council. E.2 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss matters related to the Police Department. Mayor Phelps stated the City Manager was present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive session items. A motion by Councilman O'Hare, a second by Councilman Moses, all voting "aye," authorized the City Manager to accept and sign the settlement agreement in the City of Farmers Branch v. Allen W. McClure lawsuit. Mayor Phelps explained City Staff updated the City Council on all other executive session items and no action was necessary. Volume 96, page 66 J F.2 ADJOURNMENT. A motion by Mayor Pro Tem Bird, a second by Councilman Robinson, all voting "aye," ad'ourned the City Council meeting of nuary 9, 2.0 at 7:05 p.m. P - Bob Phelps, May Cindee Peters, City Secretary Volume 96, page 67