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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. Volume 96, page 109 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. Volume 96, page 110 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. Volume 96, page 111 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. Volume 96, page 112 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. Volume page 113 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. Volume 96, page 114 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. Volume page 115 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 1 Volume page 116