2006-03-20 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, March 20, 2006
6:30 p.m.
The following members of the City Council were present:
Mayor Bob Phelps
Mayor Pro Tem Charlie Bird
Councilmembers Junie Smith
Tim O'Hare
Bill Moses
The following member of the City Council was absent:
Deputy Mayor Pro Tem
Ben Robinson
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Secretary
Finance Director
City Engineer
Director of Public Works
Director of Parks and Recreation
Acting Police Chief
Fire Chief
Director of Community Services
Director of Communications
Human Resources Director
Director of Economic Development
Library Director
Recording Secretary
Linda Groomer
Mary Jane Stevenson
Greg Vick
Matthew Boyle
Cindee Peters
Charles Cox
Jerry Murawski
Mark Pavageaux
Jeff Fuller
David Hale
Kyle King
Michael Spicer
Tom Bryson
Brian Dickerson
Norma Nichols Reed
Danita Barber
Suzanne Reynolds
Mayor Phelps called the City Council meeting of March 20, 2006 to order at 6:30
p.m. The meeting was televised.
A.I INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilwoman Smith gave the invocation and led the pledge of allegiance.
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A motion by Deputy Mayor Pro Tern Bird, seconded by Councilman O'Hare, all
voting "aye," accepted Deputy Mayor Pro Tem Robinson's absence.
A.2 PRESENTATION OF SERVICE AWARD - GUADALUPE MATA OF THE
PARKS AND RECREATION DEPARTMENT - 5 YEARS.
Mayor Phelps presented a five-year employee service award to Guadalupe Mata
of the Parks and Recreation Department.
A.3 PRESENTATION OF SERVICE AWARD - SANDY BELL OF THE FIRE
DEPARTMENT - 5 YEARS.
Mayor Phelps presented a five-year employee service award to Sandy Bell of the
Farmers Branch Fire Department.
A.4 PRESENTATION OF SERVICE AWARD - JIM BLAIR OF THE FIRE
DEPARTMENT - 20 YEARS.
Mayor Phelps presented a 20-year employee service award to Jim Blair of the
Farmers Branch Fire Department.
A.5 PRESENTATION OF SERVICE AWARD - ED RICHARDSON OF THE FIRE
DEPARTMENT - RETIREMENT RECOGNITION.
Mayor Phelps presented a plaque to Ed Richardson of the Farmers Branch Fire
Department for his 30 years of service to the City of Farmers Branch.
A.6 PRESENTATION BY DAVID MERRITT, CHAIRMAN OF THE PLANNING
AND ZONING COMMISSION, OF THE 2005 ANNUAL PLANNING AND
ZONING REPORT.
David Merritt, Chairman of the Planning and Zoning Commission, presented the
2005 Planning Division Annual Report to the City Council and gave a brief
PowerPoint presentation.
A.7 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.8 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.
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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 Councilwoman Smith, all voting
"aye," accepted the Consent Agenda as submitted.
B.I APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 6,
2006.
B.2 ADOPTED RESOLUTION NO. 2006-033 ACCEPTING A FIVE-FOOT
WIDE AERIAL EASEMENT FOR STREETLIGHT INSTALLATION,
DEDICATED TO THE CITY BY MR. AND MRS. YUNG SAM KIM
OF 13114 WILMINGTON DRIVE.
B.3 ADOPTED RESOLUTION NO. 2006-034 APPROVING A
CONSTRUCTION AGREEMENT WITH TRANSCONTINENTAL
INVESTORS INC. FOR PEDESTRIAN AMENITY IMPROVEMENTS
ASSOCIATED WITH MIRA LAGO ADDITION PHASE I.
B.4 ADOPTED RESOLUTION NO. 2006-035 APPROVING AN
UNDERGROUND STORM DRAIN EASEMENT FROM DALLAS
COUNTY UTILITY AND RECLAMATION DISTRICT RELATIVE TO
THE MIRA LAGO PHASE II IMPROVEMENTS.
B.5 ADOPTED RESOLUTION NO. 2006-025 AWARDING THE BID FOR
SIDEWALK REPAIRS AND CONSTRUCTION AT VARIOUS
LOCATIONS TO HENCIE INTERNATIONAL, INC. IN THE
AMOUNT OF $44,550.
C.1 CITIZEN PARTICIPATION.
Tim Scott, 3008 Eric, voiced his support in the continuation of revitalization of
Farmers Branch neighborhoods.
Dan Heard, 2710 Bay Meadow Circle, stated he supported and encouraged the
City Council in their efforts on the economic revitalization of Farmers Branch.
C.2 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2006-027
APPROVING THE ESSILOR ADDITION PLAT; THE ABANDONMENT OF
EASEMENTS; AND A DEVELOPER'S CONTRACT WITH ESSILOR
LABORATORIES OF AMERICA, L.P.; AND TAKE APPROPRIATE
ACTION.
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Mayor Phelps presented the following information. Essilor Addition, owned by
Essilor Laboratories of America, L.P. is a 21.41-acre site located along both sides
of Branch View Lane west of Stemmons Freeway and south of Cooks Creek. The
Essilor Addition is a replat of a portion of Valley View Addition, 1St Installment.
Essilor Laboratories of America desires to consolidate its facility at 13505 Branch
View Lane with adjacent properties into a corporate campus. The site plan for
this development was approved by City Council on February 6, 2006.
To create the corporate campus, the property owned by Essilor will be combined
into one platted addition; several existing utility easements inconsistent with the
proposed building plans will be abandoned; new fire lanes, water, sanitary sewer,
and utility easements will be dedicated to serve proposed buildings; and the
portion of Branch View Lane through the campus will be abandoned. Essilor will
also construct a turn-around at the north terminus of the remaining Branch View
Lane.
An Essilor representative and staff met with the two property owners between
Essilor and Havenhurst Street to discuss the proposed campus plan including the
street abandonment. The two property owners expressed no objections to the
proposed plan or the street abandonment.
The Essilor Addition plat joins a portion of two blocks into one lot, dedicates fire
lanes, water, sanitary sewer, and utility easements, and abandons street right-of-
way. The developer's contract is proposed to provide for the construction of the
turn-around on Branch View Lane and to assign specific responsibility for
maintenance of easements.
Essilor Addition conforms to the site plan and is consistent with the Texas Local
Government Code and with City requirements for a replat.
The 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 Planning and Zoning Commission recommends approving the proposed
Essilor Addition plat. The City Engineer recommends abandoning the easements
and approving the proposed Developer's Contract. The public hearing is required
only with regard to the plat. Resolution No. 2006-027 approves the plat, the
abandonment of associated easements, and the Developer's Contract.
Mayor Phelps opened the public hearing.
A motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting
"aye," closed the public hearing.
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Mayor Pro Tem Bird expressed his appreciation to Mike de la Vega, Director of
Real Estate with Essilor, for having such a jewel of a company, and stated their
work at Essilor is phenomenal.
Mayor Phelps stated the facility will be beautiful, one that both the City and
Esssilor will be proud of.
There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by
Councilman Moses, all voting "aye," adopted Resolution No. 2006-027 approving
the Essilor Addition plat, the abandonment of easements, and the Developer's
Contract.
C.3 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2006-038
APPROVING THE AUSTIN TURF ADDITION PLAT AND A DEVELOPER'S
CONTRACT WITH LORD GRANTCHESTER AND TAKE APPROPRIATE
ACTION.
Mayor Phelps presented the following information. Austin Turf Addition, owned
by Lord Grantchester, is a 3.99-acre site located at 2098 Valley View Lane at the
southwest corner of Nicholson Road. Austin Turf Addition is a replat of Tayloe
Addition. Two metal buildings are currently located on the south portion of the
property. One will be demolished and the other will be repainted and used for
storage. The developer is proposing an office warehouse building facing Valley
View Lane. The site plan for this development was approved by City Council on
March 6, 2006.
The City's Subdivision Ordinance No. 1430 requires a developer to dedicate the
right-of-way and construct streets adjacent to the development. A metal building
has been located in a portion of the proposed right-of-way for 40 years or more.
The subdivision ordinance provides that variances to the ordinance's requirements
can be facilitated through a developer's contract. A developer's contract that will
satisfy the ordinance's street requirements and the developer's goal of utilizing
the existing metal building will be presented to City Council for consideration
with the plat. The developer will dedicate right-of-way and construct street
improvements on Nicholson Road except for the area encroached by the building
with this development.
The property is being platted to dedicate rights-of-way on Valley View and
Nicholson Road, to dedicate sidewalk and underground utility easements, water
easement, and fire lanes.
Austin Turf Addition conforms to the site plan and is consistent with the Texas
Local Government Code and with City requirements for a replat.
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The 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 Planning and Zoning Commission recommends approving the proposed
Austin Turf Addition plat. The City Engineer recommends approving the
proposed developer's contract. Resolution No. 2006-038 approves the plat and
the Developer's Contract.
Mayor Phelps opened the public hearing. No comments were presented.
A motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting
"aye," closed the public hearing.
There being no discussion, a motion by Councilman O'Hare, seconded by Mayor
Pro Tem Bird, all voting "aye," adopted Resolution No. 2006-038 approving the
Austin Turf Addition plat and a Developer's Contract with Lord Grantchester.
D.l CONSIDER ADOPTING RESOLUTION NO. 2006-032 AWARDING THE BID
FOR CONCRETE PAVEMENT SECTION REPAIRS AT VARIOUS
LOCATIONS TO KEN-DO CONTRACTING, L.P. IN AN AMOUNT NOT TO
EXCEED $504,580 AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Public Works
Department administers an annual concrete pavement section repair contract to
supplement in-house repairs. Request for bids for the 2005-2006 contract for
pavement section repairs was advertised, and seven bids were received and
opened on February 21, 2006.
The lowest bid meeting specifications was submitted by Ken-Do Contracting,
L.P. in the amount of $504,580.00. Ken-Do Contracting, L.P. has performed
work for the City in the past. Staff has met with Ken-Do Contracting, L.P. and
confirmed key points of the contract.
Funds in the amount of $505,000 are available in the 2005-2006 Public Works
budget for this contract. Bids were based on estimated quantities and payment
will be made on a unit price basis.
The Director of Public Works recommends adopting Resolution No. 2006-032
awarding the bid for concrete section repairs at various locations to Ken-Do
Contracting, L.P. in an amount not to exceed $504,580.
Mayor Phelps asked if the prices are comparable to last year's prices. Director of
Public Works Mark Pavageaux replied they were comparable to last year's prices.
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There being no further discussion, a motion by Councilman O'Hare, seconded by
Councilwoman Smith, all voting "aye," adopted Resolution No. 2006-032
awarding bids for concrete repairs.
D.2 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY
RELATIONS COMMITTEE, ANIMAL SHELTER ADVISORY COMMITTEE
AND COMMUNITY WATCH COMMITTEE, AND TAKE APPROPRIATE
ACTION.
A motion by Councilwoman Smith, seconded by Councilman Moses, reappointed
Dr. Janie Hodges to serve on the Animal Shelter Advisory Committee.
Mayor Phelps stated he would bring the Community Watch Committee back to
the April 3rd City Council meeting.
D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
There were no travel reports, requests or Council committee or organization
reports.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY
COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE
CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:55 P.M. AND
CONCLUDED THE EXECUTIVE SESSION AT 6:25 P.M.FOR 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE
SECTION 551.072.
Discuss land sale, purchase, trade or lease of property at Camelot Landfill.
Discuss land sale, purchase, trade or lease of properties on Dennis Lane located in
Farmers Branch, Texas.
Mayor Phelps explained staff was present to discuss these items with the City
Council.
F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
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Mayor Phelps called for necessary action on executive items. A motion by
Councilman O'Hare, a second by Councilman Moses, all voting "aye," authorized
the City Manager to extend the lease agreement at 13408 Dennis until August 31,
2006.
F.2 ADJOURNMENT.
A motion by Councilwoman Smith, a second by Councilman O'Hare, all voting
"aye," adjourned the City Council meeting of March 2Z06at7:22p.m.
~j
Bob Phelps, Mayor Cindee Peters, City Secretary
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