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2004-03-01 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, March 1, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Paul Walden Bill Moses Charlie Bird Junie Smith Ben Robinson The following members of Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager Director of Economic Development City Attorney Fire Chief Acting Police Chief Acting Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Roach Norma Nichols John Boyle Kyle King Kirk Riggs Kate Lyon Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of March 1, 2004 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Smith gave the invocation and led the pledge of allegiance. Volume 93, page 8 A.2 PROCLAIM FEBRUARY 29 - MARCH 6, 2004 AS "SEVERE WEATHER AWARENESS WEEK". Mayor Phelps proclaimed February 29 through March 6, 2004 as "Severe Weather Awareness Week" and presented Chief King with a proclamation. A.3 PRESENTATION OF SERVICE AWARD Mayor Phelps presented a 15-year employee service award to Charles Taylor of the Police Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no board 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 prior to the regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered and action taken 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 the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tern Moses, all voting "aye," adopted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 16, 2004. B.2 ADOPTED RESOLUTION NO. 2004-024 ACCEPTING A PUBLIC ALLEY EASEMENT ON PROPERTY ADDRESSED AS 2839 MILLWOOD DRIVE DONATED TO THE CITY OF FARMERS BRANCH BY JOHN AND JANE MARTIN. B.3 ADOPTED RESOLUTION NO. 2004-019 AWARDING THE BID FOR ANNUAL SIDEWALK REPAIRS AND CONSTRUCTION. Volume 93, page 8 C.1 CITIZEN PARTICIPATION. Nick Korba, 13210 Shahan, expressed his concerns regarding the flashing 20 mph lights on Brookhaven Club Drive for the golfers. John Wells, 13521 Heartside Place, echoed Mr. Korba's concerns about the speed limits on Brookhaven Club Drive. C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY UNITED NOTIONS, INC. FOR THE APPROVAL OF UNITED NOTIONS ADDITION, BEING A REPLAT OF PORTIONS OF VALWOOD PARK FARMERS BRANCH- PHASE TWO AND OF SIGNATURE STONE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed United Notions Addition, located at 13795 and 13800 Hutton Drive, is being replatted to establish two lots and to dedicate fire lane, water, utility and electric easements. The two lots of the proposed plat total 8.29 acres. Lot 1 consists of 3.07 acres, and is the site of a single-story structure owned and occupied by HMD Holdings, L.L.C. Lot 2, consists of 5.22 acres and is the site of an existing two-story office/warehouse owned and occupied by United Notions, Inc. The south portion of Lot 2 is unimproved. United Notions, Inc. is proposing an addition to the building on Lot 2 on the unimproved portion of the lot. United Notions, Inc. is in the fabric, sewing notions, and crafts business. Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides interested parties and citizens an opportunity to be heard but does not require written notification. United Notions Addition is consistent with the site plan approved by City Council on February 2, 2004, the Texas Local Government Code, and with City requirements for a replat. The Planning and Zoning Commission recommends approval of the final plat of United Notions Addition. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. Volume 93, page 8 There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Bird, all voting "aye," approved the final plat of United Notions Addition. D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-012 SUPPORTING FEDERAL FUNDING FOR THE DART NORTHWEST CORRIDOR LIGHT RAIL LINE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The DART Northwest Corridor light rail project is a high priority of the City of Farmers Branch. The project has recently received the required Federal environmental clearance and a recommended rating from the Federal Transit Administration. Final design is scheduled to begin later this year. In order for the project to proceed on schedule, Federal "New Starts" funding in the amount of $700,000,000 is necessary. DART is initiating efforts to secure the needed Federal funding and has asked for all its member cities to adopt resolutions indicating their support. This resolution, if adopted, would reinforce support of the City of Farmers Branch for the timely completion of this much-needed project and would communicate the City's recommendation to members of Congress that they favorably consider DART's request for Federal funding. Mayor Phelps stated that on March 30th, 31St and April 1St he and Traffic Engineer Dave Davis, would be traveling to Washington, D.C. with a group of DART staff and Mayors from surrounding cities to meet with our Representatives and Senators to encourage this full funding request. There being no further discussion, a motion by Councilman Robinson, seconded by Mayor Pro Tern Walden, all voting "aye," adopted Resolution No. 2004-012 supporting Federal funding for the DART Northwest Corridor Light Rail Line. D.2 CONSIDER ADOPTING TWO RESOLUTIONS RELATIVE TO TAX INCREMENT FINANCING DISTRICT NO. 1: A. RESOLUTION NO. 2004-026 APPROVING DEVELOPMENT AGREEMENT NO. 5 WITH TRANSCONTINENTAL INVESTORS, INC. FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS ON AN APPROXIMATELY 66-ACRE TRACT OF LAND SOUTHWEST OF I- 635 AND LUNA ROAD, AND B. RESOLUTION NO. 2004-027 APPROVING DEVELOPMENT AGREEMENT NO. 6 WITH AMERICAN REALTY TRUST, INC. FOR CONSTRUCTION OF A SANITARY SEWER LIFT STATION NORTHEAST OF I-635 AND LUNA ROAD, AND TAKE APPROPRIATE ACTION. Volume 93, page 8 Mayor Phelps presented the following information. On December 21, 1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved by the City Council to fund public street, sidewalk, drainage, water, sanitary sewer, and enhancement improvements on the west side of the City. Development Agreement No. 5 is proposed for the construction of public improvements on approximately 66 acres southwest of I-635 and Luna Road, south of the Omni Hotel, hereinafter identified as the Peninsula Tract. Transcontinental Investors, Inc. is the developer of the property. Development Agreement No. 6 is proposed for the construction of a sanitary sewer lift station northeast of I-635 and Luna Road behind the Parkwest development. American Realty Trust, Inc. is the developer of the property. Transcontinental Investors, Inc. and American Realty Trust, Inc. have proposed to advance the City funds for the public improvements. The agreements negotiated by the City and the developers provide for the City to design and construct the improvements and for the developers to advance the funds. In general the agreements provide the following: ■ The City awards all contracts and makes all purchases in conformance with State law and City policy. ■ The developers advance the funds before awarding any contracts or making any purchases. o Transcontinental Investors, Inc. will be reimbursed for the actual funds advanced in an amount not to exceed $2,000,000 plus a maximum of 6% interest per year from the TIF fund. o American Realty Trust, Inc. will be reimbursed for the actual funds advanced in an amount not to exceed $1,680,000 plus a maximum of 6% interest per year from the TIF fund. o Reimbursement will only be made after there is a minimum of $1,000,000 in the TIF fund after exclusion of all required expenditures. With the exceptions of the project description and the maximum amount of reimbursement, the provisions of Development Agreements No. 5 and 6 are the same as those contained in Development Agreement Nos. 1-4, which were for Wittington Place, Mercer Parkway, Chartwell Crest, and the Lakes and Sumps, respectively. The City Attorney has reviewed and approved the agreements. There being no discussion, a motion by Mayor Pro Tern Walden, seconded by Councilwoman Smith all voting "aye," approved Resolution No. 2004-026 approving Development Agreement No. 5 with Transcontinental Investors, Inc. for construction of public improvements on the Peninsula Tract and Resolution No. 2004-027 approving Development Agreement No. 6 with American Realty Trust, Inc. for construction of a sanitary sewer lift station northeast of 1-635 and Luna Road of I-635 and Luna Road. Volume 93, page 8 D.3 CONSIDER ADOPTION OF ORDINANCE NO. 2759 MAKING IT UNLAWFUL TO KEEP PROHIBITED FOWL AND ANIMALS WITHIN THE CITY AND PROVIDING FOR REGISTERED PROPERTIES TO KEEP FOWL OR ANIMALS SUBJECT TO SPECIFIC CONDITIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2759 was prepared in response to concerns that the keeping of certain fowl and livestock is not consistent with the City's increasingly urban environment and may impair property values. The proposed ordinance allows properties where such animals are now being legally kept to continue, subject to essentially the same regulations presently applicable. However, the proposed ordinance prohibits additional fowl and livestock from being brought into the City and prohibits the transfer of existing fowl or livestock to another property in Farmers Branch. Proposed Ordinance No. 2759 requires that owners of specified fowl and livestock have their properties inspected and registered with the City to retain the right to keep such animals. Fowl and livestock addressed include chickens, pigeons, ducks, geese, turkeys, rabbits, goats, sheep and other similar types of fowl and animals. It will be the responsibility of affected property owners or residents to contact City staff and have their property inspected and registered by December 31, 2004. No fees will be collected for inspection and registration of these properties. Proposed Ordinance No. 2759 also prohibits some additional non-domestic animals not presently addressed, including all animals listed by the Texas Department of Health as "Dangerous Wild Animals" in Chapter 822 Subchapter E of Section 822.101 of the Texas Health and Safety Code. Animals referenced under the State statute include bears, lions, tigers, cougars, gorillas, coyotes, hyenas and other animals capable of, or inclined to do serious bodily harm to humans or other animals. Proposed Ordinance No. 2759 will repeal Ordinance No. 1424, which provided for the keeping of prohibited animals within the City prior to 1983 subject to an annual permit. Proposed Ordinance No. 2759 does not affect other existing provisions regulating dogs, cats, impoundment of animals or animals that have otherwise been declared "dangerous". John Wells, 13521 Heartside Place, stated he would not like the City to prohibit the keeping of animals such as chickens and rabbits. He requested that the Council seriously consider their vote on proposed Ordinance No. 2759. Volume 93, page 8 Mayor Phelps stated the current residents with fowl would be grandfathered. There was a discussion with Mr. Wells about keeping chickens and ducks in the City. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2759. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 18, ARTICLE I, SECTION 18-1; SECTION 18-4; SECTION 18-5; AND SECTION 18-6; REPEALING ORDINANCE NO. 1424 AND CHAPTER 18, ARTICLE IV, SECTION 18-221;CREATING SECTIONS 18-7,18-8 AND 18-9 MAKING IT UNLAWFUL TO KEEP PROHIBITED FOWL AND ANIMALS WITHIN THE CITY; PROVIDING FOR REGISTERED PROPERTIES TO KEEP FOWL OR ANIMALS SUBJECT TO SPECIFIC CONDITIONS; PROHIBITING RELOCATION OR IMPORT OF NEW FOWL OR ANIMALS; PROVIDING FOR THE REMOVAL OF FOWL OR ANIMALS FROM REGISTERED PROPERTIES UPON A CHANGE OF OCCUPANCY; PROHIBITING ANIMALS LISTED BY THE TEXAS DEPARTMENT OF HEALTH OF CHAPTER 822 SUBCHAPTER E SECTION 822.101 AND ITS REVISIONS; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. DA CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, ANIMAL SHELTER ADVISORY COMMITTEE AND ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be brought back to the March 15th City Council meeting. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION EPORTS. Councilwoman Smith stated she attended the Planning and Zoning Commission meeting on February 23rd at which Mark Humphreys presented "In-town Housing." She stated she and Deputy Mayor Pro Tern Moses attended the Community Watch Organizational meeting at the Villa Marquis Apartments on February 21St Volume 93, page 8 Councilman Bird stated he attended the Texas History Alive at the Historical Park on Saturday, February 28th Mayor Phelps stated on February 6th he, Abby Liu and Norma Nichols hosted a delegation from mainland China and at noon he attended a Dallas Regional Mobility Coalition meeting. On February 7th he attended Senior Game Night at the Senior Center. On February 9th he, Councilmen Robinson and Bird toured the Manske Library. On February 10th at 7:30 a.m. he, City Manager Linda Groomer and Traffic Engineer Dave Davis attended a special meeting in Richardson regarding DART issues. At 6 p.m. he and his wife Dee hosted a reception for Kenny Marchant at Brookhaven Country Club. On February 11th at 7:30 a.m. he attended the Farmers Branch Chamber of Commerce Branch Out. At 10:30 a.m. he and Deputy Chief Ronnie Inman met with Milburn Gravely of Carrollton, Catfish Montgomery and the Shriners at Carrollton Elementary to teach 4th grade students fire safety. On February 12th he attended the Special Meeting at City Hall regarding a new business coming into Farmers Branch. On February 13th he attended the Farmers Branch Chamber of Commerce Sweetheart Luncheon. On February 16th he attended the Farmers Branch City Council Meeting. On February 17th he spent one-half day on phone calls with a lady from Denver regarding the new Oshman's store coming to the City. On February 18th he attended the Senior Luncheon and at 4 p.m. he attended the Metrocrest Chamber meeting. One February 19th he, Ms. Groomer, and Economic Director Norma Nichols met with the Carrollton Mayor and Economic Development Director and Pat Cantusen with Valwood Improvement Authority to discuss the triple freeport. On February 23rd he, City Engineer Jerry Murawski and Mr. Davis met with County Commissioner Jim Jackson regarding road construction on the west side. On February 24th at 1 I a.m. he met with Earl Graves the new manager at the City's Wal-Mart Store. At 3 p.m. he and Councilman Bird met with staff and Moody's bond rating agency regarding the Star Center. On February 25th at the Holiday Inn Select he attended the Kick Off for the Boy Scouts and at noon he was one of the speakers at the Farmers Branch State of the City; from 3 - 5 p.m. he met with Standard and Poors bond rating agency. On February 26th he attended the Council of Government meeting and in the evening he and Councilwoman Smith attended the Star Gazing Astronomy Party at the Historical Park. On Saturday, February 28th he welcomed the Texana Living History Association at the Historical Park. E.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. There were no items on the Executive Session. !l E.2 ADJOURNMENT. Volume 93, page 8 A motion by Mayor Pro Tem Walden, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of March , 004 at 8:24 p.m. t~~c ij n c .,j Bob Phelps, Mayor Cindee Peters, City Secretary 1 J Volume 43, page 16