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2012-08-21 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, August 7, 2012 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers Study Session was called to order by Mayor Glancy at 4:00 p.m. with the following members of the City Council present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers William P. Glancy David Koch (arrived at 4:13 p.m.) Tim Scott Ben Robinson Harold Froehlich Jeff Fuller The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish Assistant City Manager Matt Benoit City Attorney Pete Smith City Secretary Angela Kelly Fire Chief Steve Parker Police Chief Sid Fuller Director of Parks and Recreation Jeff Harting Director of Economic Development & Tourism John Land Communications Director Tom Bryson Director of Planning & Zoning Andy Gillies Director of Information Services Mark Samuels Finance Director Charles Cox Director of Equipment Services Kevin Muenchow Assistant to the City Manager Rachael Johnson Building Official Jim Olk Environmental Health Director Stacy Wright And with a quorum present, the following items were addressed: STUDY SESSION A.1 Discuss regular City Council meeting agenda items. City Council Meeting Minutes of August 7, 2012 Page 1 of 6 E.2 — Councilmember Robinson asked how a determination would be made as to what method would be used. Gary Greer, City Manager, stated it would depend on the situation and that the competitive bidding process will still be used for routine purchases. A.2 Discuss possible ordinance provisions allowing backyard chickens in residential zoning districts. Stacy Wright, Environmental Health Director, and Jim Olk, Building Official, presented highlights of the proposed ordinance, which included: • Permit Application Process • Permit Renewal Process • Standards for Keeping Backyard Chickens • Construction Standards for Chicken Tractors and Exercise Yards • Permit Revocation After some discussion, the following was expressed by Councilmembers: In Favor of Backyard Chickens — Scott, Fuller Opposed to Backyard Chickens — Robinson, Froehlich, Koch A.3 Discussion of items to be placed on a future City Council meeting agenda (discussion is limited to determination of whether to place an item on a future City Council agenda). No items were discussed. The Study Session Meeting concluded at 4:18 p.m. EXECUTIVE SESSION The City Council convened into Executive Session at 4:18 p.m. Mayor Glancy moved Agenda Item F.2 up on the agenda. F.2 Discuss pending and contemplated litigation - Texas Government Code Section 551.071. Pending litigation relating to Fabela, et. al. v City of Farmers Branch, et. al., Civil Action No. 3:10 -CV- 1425 -D in the U.S. Dist. Ct. for the Northern District of Texas (Dallas Division). The City Council took a short break at 5:30 p.m. and reconvened at 5:36 p.m. F.1 Discuss land acquisitions - Texas Government Code Section 551.072. (a) Discuss purchase, exchange, lease, or value of real property in the following area: for the area generally bounded by the Dallas North Tollway, Valwood Parkway, and Belt Line Road, I -635 and President George Bush Tollway. City Council Meeting Minutes of August 7, 2012 Page 2 of 6 (b) Discuss the purchase, exchange, lease, or value of real property described as Blocks A, B, C, and D, Mustang Crossing, an addition to the City of Farmers Branch, Dallas County, Texas. The City Council concluded Executive Session at 5:44 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:00 p.m. B.1 Invocation and Pledge of Allegiance. Deputy Mayor Pro Tem Scott gave the Invocation and Councilmember Fuller led the Pledge of Allegiance. Mayor Glancy moved Agenda Item B.3 up on the agenda. B.3 Consider accepting a donation of $1,500 from the Farmers Branch Rotary Club for the City's Youth Scholarship Program and take appropriate action. Mr. Jim Barrett and Mr. Burt Alexander from the Farmers Branch Rotary Club presented the Mayor with a donation check in the amount of $1,500 for the Youth Scholarship Program. Motion by Mayor Pro Tem Koch to accept the $1,500 donation from the Farmers Branch Rotary Club; motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. B.2 Present to Sarah Jordan, Crystal Moore and Brit Bonneau the Fire Department's Award for Exemplary Action for their actions in saving the life of cardiac arrest victim Bill Jordan on the morning of June 17, 2012. Mayor Glancy read the staff report detailing the events of June 17, 2012. Fire Chief Steve Parker presented awards to the recipients. Mr. Bill Jordan was also in attendance. B.4 Consider Board and Commission appointments and take appropriate action. Motion by Councilmember Robinson to reappoint the following members of the Senior Advisory Board.• Peggy Pyle Ruth Fuls Nina Chamness Larry Bryant Katie Roberts Ray Quelland The motion was seconded by Mayor Pro Tem Koch; motion passed with all ayes. B.5 Report on items of Community Interest. Pursuant to Section 551.0415 of the Texas Government Code the City Council may report on the following items: 1.) City Council Meeting Minutes of August 7, 2012 Page 3 of 6 expression of thanks, congratulations or condolences, 2.) information about holiday schedules, 3.) recognition of individuals, 4.) reminders about upcoming city events, 5.) information about community events and 6.) announcements involving an imminent threat to public health and safety. Deputy Mayor Pro Tem Scott reported the Firehouse Theatre acquired 160 free theatre seats from the Lewisville ISD. He also reported the Firehouse Theatre would be presenting "Some Enchanted Evening" at the Plaza Arts Center in Downtown Carrollton on August 16 -19. He also provided contact information for ticket sales, which will go to benefit the Firehouse Theatre. Gary Greer, City Manager, presented the City Manager's Report. B.6 Report on Study Session items. Councilmember Froehlich reported the City Council chose not to move forward with allowing backyard chickens in residential zoning districts. CONSENT AGENDA C.1 Consider approval of minutes of City Council meeting of July 17, 2012 and take appropriate action. C.2 Consider adopting Resolution No. 2012 -057 approving the 2012 -2013 Operating Budget of the North Dallas County Water Supply Corporation and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1 and C.2 as presented; motion seconded by Councilmember Robinson. Motion passed with all ayes. PUBLIC SESSION D.1 Public Hearing: Consider adopting Ordinance No. 3195 for a Specific Use Permit allowing a Drive - Through Restaurant at 13110 Josey Lane, within Planned Development No. 7 (PD -7) and take appropriate action. This Specific Use Permit includes a Site Plan. Mayor Glancy opened the public hearing. Andy Gillies, Planning and Zoning Director reported the proposed Panda Express request includes a drive through aisle and window, which requires a Specific Use Permit (SUP). He also reported the proposed building will contain 76% masonry on all four sides. The site will contain 29 parking spaces. The landscape plan provides new perimeter landscaping on all four sides of the site. Councilmember Fuller asked who would maintain the landscaping once the project is complete; Mr. Gillies stated Panda Express would be responsible for the landscape maintenance. Councilmember Robinson asked if there would be an entry /exit directly from Josey Lane; Mr. Gillies reported there would not be. The applicant was present for City Council Meeting Minutes of August 7, 2012 Page 4 of 6 the meeting. No one from the public wished to speak. Mayor Glancy closed the public hearing. Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3195; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. REGULAR AGENDA ITEMS E.1 Consider adopting Resolution No. 2012 -054 amending the Site Plan for 2020 Valley View Lane, within Planned Development No. 77 (PD -77) zoning district and take appropriate action. Mr. Gillies reported Flooring Services Incorporated is requesting an amendment to their site plan for an additional surface parking lot located on the south side of the property. The new parking area will be used primarily for employee parking and will include some landscape improvements along Senlac Drive. Motion by Councilmember Robinson to adopt Resolution No. 2012 -054; motion seconded Councilmember Fuller. Motion passed with all ayes. E.2 Consider adopting Resolution No. 2012 -056 delegating authority to the City Manager and his designee, the City Purchasing Agent, to determine if alternative purchasing methods other than competitive sealed bidding as authorized in the Texas Local Government Code would provide the best value for the City and take appropriate action. Charles Cox, Finance Director, stated the Texas Local Government Code provides other alternative purchasing methods if it is determined by the governing body or its designated representative that such alternative methods provide the best value to the municipality. Motion by Councilmember Robinson to adopt Resolution No. 2012 -056; motion seconded by Councilmember Fuller. Motion passed with the following vote: Ayes —Scott, Froehlich, Fuller, Robinson Nos — Koch G.1 Consider necessary action on items discussed in the Executive Session. Based on the report and finding of the City Building Official, Councilmember Robinson made the following motion: The City Council finds that the structure located on the property known as 2663 Mount View constitutes a dangerous structure and that the City Manager be authorized to (1) purchase directly or through authorized representatives Lot 18, Block 3, Valley View 5 Addition, an Addition to the City of Farmers Branch, Texas, for an amount not to exceed $72, 000.00 plus closing costs, (2) to negotiate and sign such documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to acquiring title to said property, and (3) to enter into necessary agreements related to the City Council Meeting Minutes of August 7, 2012 Page 5 of 6 demolition of the improvements on said property, said activities to be funded from funds available in the city budget for such purposes. Motion was seconded by Deputy Mayor Pro Tem Scott; motion passed with all ayes. G.2 Adjournment. Motion by Deputy Mayor Pro Tem Scott to adjourn; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. The meeting adjourned at 6:50 p.m. William P. Glancy, ATTEST: Angela K . y, City Secretary City Council Meeting Minutes of August 7, 2012 Page 6 of 6