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2012-11-06 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 6, 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 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 City Attorney Pete Smith City Secretary Angela Kelly Fire Chief Steve Parker Police Chief Sid Fuller Communications Director Tom Bryson Director of Parks and Recreation Jeff Harting Director of Economic Development & Tourism John Land Director of Planning & Zoning Andy Gillies Senior Planner Alexis Jackson Building Official Jim Olk Director of Information Services Mark Samuels Finance Director Charles Cox Director of Equipment Services Kevin Muenchow Assistant to the City Manager Rachael Johnson Interim Public Works Director Randy Walhood Recreation Superintendent Texx Stewart Special Projects Manager Meredith Dowdy And with a quorum present, the following items were addressed: City Council Meeting Minutes for November 6, 2012 Page 1 of 9 STUDY SESSION A.1 Discuss regular city council meeting agenda items. D.1 — Deputy Mayor Pro Tern Scott asked about changes that have been made since this item was first presented. Andy Gillies, Planning & Zoning Director stated the revisions included new exterior facades composed of at least 75% natural stone, concrete pipe roofing for all proposed buildings, and the use of granite countertops in all proposed dwelling units. Councilmember Froehlich voiced concern about adequate parking. C.5 and C.6 — Mayor Pro Tern Koch asked how much was budgeted for the purchase of the proposed network communication equipment, software and installation services referenced in Agenda Item C.5 and for the purchase of an emergency generator for the Wicker Pump Station. Staff reported each purchase had $300,000 budgeted. C.7 — Councilmember Robinson asked how many businesses would be impacted by the right -of -way fee. Charles Cox, Finance Director stated five (5) companies would be subject to the fee, but reported Brookhaven Country Club has discontinued use of the right -of -way and wishes to cancel their agreement with the City. E.1 — Mayor Pro Tem Koch asked the City Attorney for clarification on what the City was allowed to do regarding a bond election. Pete Smith, City Attorney stated the City could educate the public but could not be an advocate. A.2 Discuss Yard of the Month Program. Rachael Johnson, Assistant to the City Manager, gave highlights of the proposed Yard of the Month Program. City Administration proposed a partnership between the City and the Farmers Branch Chamber of Commerce to provide the program to Farmers Branch businesses and residents. Councilmembers directed staff to pursue the partnership with the Farmers Branch Chamber of Commerce. A.3 Discuss entertainment options for Liberty Fest 2013. Meredith Dowdy, Special Projects Manager reviewed the recommended list of artists and costs for each. Mayor Pro Tern Koch voiced concern that artists recommended by staff may not draw a large enough crowd. Artists discussed were Pat Green, Ronnie Dunn, Travis Tritt, Gretchen Wilson, Craig Morgan, Diamond Rio, Joe Nichols, and Mark Chestnut. AA Discuss the Police Department's September monthly report. Police Chief Sid Fuller presented highlights from the September Crime Update /Report. A.5 Discuss selection of Charter Review Committee. City Council Meeting Minutes for November 6, 2012 Page 2 of 9 City Manager Gary Greer stated this item is to get the process started but that a final selection would not be needed at this meeting. Councilmembers will email their suggestions to the City Secretary. A.6 Discuss rescheduling or cancelling the city council meeting currently set for January 1, 2013 and provide direction to staff. After a brief discussion, councilmembers rescheduled the January city council meetings to January 8 and January 22, 2013. A.7 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 meeting agenda). No items were discussed. Mayor Glancy read the Agenda Items for Executive Session. The Study Session Meeting concluded at 5:26 p.m. EXECUTIVE SESSION The City Council convened into Executive Session at 5:30 p.m. F.1 Discuss economic development incentives - Texas Government Code Section 551.087. Consider an incentive package for Project Teddy Bear. F.2 Discuss real property transactions- Texas Government Code Section 551.072. Discuss purchase, sale, lease, exchange, or value of real property, specifically: (a) Lot 18, Block 3, Valley View Addition No. 5, an Addition to the City of Farmers Branch, Dallas County, Texas. (b) Lot 2, Block A, The Shops at Branch Crossing, an Addition to the City of Farmers Branch, Dallas County, Texas. The City Council concluded Executive Session at 5:58 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:03 p.m. B.1 Invocation and Pledge of Allegiance. Councilmember Robinson gave the Invocation and Mayor Pro Tern Koch led the Pledge of Allegiance. City Council Meeting Minutes for November 6, 2012 Page 3 of 9 B.2 Consider Board and Commission appointments and take appropriate action. Motion by Councilmember Robinson to appoint Mike Hawkins to the Parks and Recreation Board; motion seconded by Councilmember Froehlich. Motion passed with all ayes. B.3 Report on Study Session items. Deputy Mayor Pro Tern Scott reported on the following items: • The Yard of the Month Program has been reinstated as a joint project between the City and the Farmers Branch Chamber of Commerce. The program will include Farmers Branch businesses and residents. Entertainment options were discussed for Liberty Fest 2013, which will have a Country and Western format this year. Police Chief Fuller presented highlights from the September Crime Update /Report. Although appointments will not be made until later, discussion has started on the selection of a Charter Review Committee. B.4 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.) 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. Councilmember Fuller stated the Bluegrass Festival & Chili Cookoff, Celebration of Roses, and Holiday Craft Fair were all held recently in Farmers Branch. He said there was a good turnout for all events and complimented staff on how smoothly the events ran. Mr. Greer gave the City Manager's Report. CONSENT AGENDA C.1 Consider approval of minutes of City Council meeting of October 16, 2012 and take appropriate action. C.2 Consider adopting Resolution No. 2012 -075 authorizing the City Manager to enter into a Software License and Services Agreement with Sungard Public Sector, Inc. and take appropriate action. City Council Meeting Minutes for November 6, 2012 Page 4 of 9 C.3 Consider adopting Resolution No. 2012 -079 authorizing the purchase of an upgrade for the existing police mobile digital in -car video system from L -3 Mobile Vision Inc. and take appropriate action. CA Consider adopting Resolution No. 2012 -078 authorizing the City Manager to enter into an agreement with the North Central Texas Council of Governments for the provisioning of E911 telephone services to include equipment installation and annual system maintenance and authorizing the purchase of E911 telephone equipment and database services from Intrado in the amount of $218,000 and take appropriate action. C.5 Consider adopting Resolution No. 2012 -081 authorizing the purchase of a Dell Compellent Storage Array, Commvault backup and recovery solution, Dell Server hardware, and associated software and services from Dell Marketing LP. and take appropriate action. C.6 Consider adopting Resolution No. 2012 -082 awarding a bid for the purchase of a generator for Wicker Pump Station to Metco Engineering in the amount of $370,400 and take appropriate action. C.7 Consider adopting Ordinance No. 3202 adding a section to Appendix A of the Code of Ordinances setting an annual rate for right -of -way fees and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1 through C. 7,• motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. PUBLIC SESSION DA Public Hearing: Consider adopting Ordinance No. 3198 to amend Planned Development No. 81 (PD -81) to allow an 11.1 acre multi - family development and approve a Conceptual Site Plan and take appropriate action. The public hearing for this case begun on October 16th and will be continued at the November 6th, 2012 city council meeting. Mr. Gillies stated the public hearing for this case started on October 16 and is being continued at tonight's meeting. He provided an overview of the project. The applicant and architect presented highlights of the development. Three people wished to speak: • Darren Sloniger — spoke against the project • RL Lemke — spoke in favor of the project • Michael Misetich — spoke against the project Mayor Glancy closed the public hearing. Councilmember Fuller stated concerns with the lack of structured parking, lack of elevators, and changing from an Employment Core zoning subdistrict to Multi- Family City Council Meeting Minutes for November 6, 2012 Page 5 of 9 Residential. Mayor Pro Tem Koch also voiced concern with changing the zoning on the property. Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3198. Motion failed due to lack of a second. Motion by Deputy Mayor Pro Tem Scott to deny Ordinance No. 3198; motion seconded by Councilmember Fuller. Motion passed with all ayes. D.2 Public Hearing: Consider adoption of Ordinance No. 3209 for a Specific Use Permit - Interim (not less than 2 years) allowing limited Outdoor Display of Used Vehicles for sale located at 3115 and 3117 Garden Brook Drive and take appropriate action. Mayor Glancy opened the public hearing. Mr. Gillies stated the applicant is requesting permission to expand its limited outdoor display to six (6) parking spaces. Councilmember Fuller asked for clarification on the code violations relative to this property. Mr. Gillies reported the applicant was sent a code citation for displaying more than the allowed three (3) sales vehicles. The case is scheduled for a bench trial later this year. The applicant presented photos in defense of the code citation. Jim Olk, Building Official stated the City has received several calls and complaints about the company displaying more than three (3) vehicles on the site. Pat Haggerty spoke in opposition of the request. Mayor Glancy closed the public hearing. Motion by Councilmember Robinson to adopt Ordinance No. 3209; motion seconded by Councilmember Froehlich. Motion failed with the following vote: Ayes —Froehlich, Robinson Nos — Scott, Fuller, Koch D.3 Public Hearing: Consider adopting Ordinance No. 3207 relative to the Farmers Branch Youth Programs' Standards of Care in compliance with the Texas Human Resource Code, Section 42.041(b)(14) and take appropriate action. Texx Stewart, Recreation Superintendent stated this is an annual requirement relating to Senate Bill 212 which exempts municipal youth recreation programs from child care licensing requirements, providing the governing body of the municipality adopts Standards of Care by ordinance after conducting a public hearing. Mayor Glancy opened the public hearing and with the no one wishing to speak closed the hearing. Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3207; motion seconded by Councilmember Froehlich. Motion passed with all ayes. REGULAR AGENDA ITEMS City Council Meeting Minutes for November 6, 2012 Page 6 of 9 E.1 Consider adopting the Aquatic Facility Master Plan and directing staff to prepare the necessary items for an aquatic facility bond to be a ballot issue for the election in May of 2013 and take appropriate action. Ernie Tiller, Chair of the Friends of the Farmers Branch Aquatic Facility provided history and an overview of the project. He stated two (2) town meetings were held to gather input from the general public, which was used in completion of the Aquatic Facility Master Plan. Mr. Tiller requested a bond election in May 2013 for a new aquatic facility. He also requested the item be placed on the ballot as a single item. Three people spoke in favor of the project: • Jim Barrett Clare Connally Katie Roberts Councilmembers asked for clarification from Charles Cox, Finance Director regarding certificates of obligation verses a bond project. Councilmembers discussed issuing certificates of obligation for the project. Motion by Deputy Mayor Pro Tem Scott to adopt the Aquatic Facilities Evaluation (Master Plan); motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. E.2 Consider adopting Resolution No. 2012 -080 amending the Site Plan located at 14185 Dallas Parkway, within Planned Development No. 75 (PD -75) zoning district and take appropriate action. Alexis Jackson, Senior Planner stated the applicant is requesting an amendment to the site plan to allow for additional signage located on the north side of the office building. The applicant was present for the meeting. Motion by Councilmember Robinson to adopt Resolution No. 2012 -080; motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. E.3 Receive presentation on Texas Department of Transportation (TxDOT) I -35 project(s). John Hudspeth, Deputy Director of TxDOT provided an update on the I -35E reconstruction projects. EA Consider adopting Ordinance No. 3208 amending the City of Farmers Branch Code of Ordinances, Chapter 82, Traffic and Vehicles, relative to prohibiting parking along portions of Beltwood Parkway East and Trend Drive and take appropriate action. Randy Walhood, Project Manager stated Maxim Integrated requested no parking along the west right -of -way of Beltwood Parkway East, and made a similar request regarding City Council Meeting Minutes for November 6, 2012 Page 7 of 9 the east right -of -way of Trend. He reported due to large commercial vehicles parking in this area it makes it difficult for vehicles to safely exit from the neighboring properties. Motion by Councilmember Robinson to adopt Ordinance No. 3208; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. G.1 Consider necessary action on items discussed in the Executive Session. No action was taken on Agenda Item F.1. The following motions were made relating to Agenda Item F.2: Motion by Deputy Mayor Pro Tem Scott authorizing the City Manger to negotiate and sign on behalf of the City a contract to sell Lot 16, Block 4, Valley View 5 Addition, an Addition to the City of Farmers Branch, Texas, also known as 2663 Mount View Drive, with the Farmers Branch Local Government Corporation in with a sales price of $70, 000 (of which not more than $20, 000 shall be paid from a grant made pursuant to Local Government Code Chapter 380) for the purpose of being resold to Todd Bonneau Homes, LLC or assigns, subject to a restriction agreement requiring the property to be developed in conjunction with the development of the property known as 2659 Mount View Drive and used as a detached single family residence with an initial combined value of approximately $690, 000, inclusive of land and improvements. I further move the City Manger be authorized to sign such other documents as he, in conjunction with the City Attorney, deems reasonable and necessary with respect to closing these transactions in accordance with the provisions of this motion. Motion seconded by Councilmember Froehlich; motion passed with all ayes. Motion by Councilmember Froehlich authorizing the City Manager to negotiate and sign on behalf of the City a contract with the Farmers Branch Local Government Corporation to sell Lot 16, Block 4, Valley View 5 Addition, an Addition to the City of Farmers Branch, Texas, also known as 2662 Mount View Drive, for the purpose of being resold to Todd Bonneau, subject to a restriction agreement requiring the property to be developed and used as a detached single family residence with an initial combined value of approximately $350, 000, inclusive of land and improvements, and that the City Manger also be authorized to sign such other documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to closing these transactions. Motion seconded by Councilmember Fuller; motion passed with all ayes. G.2 Adjournment. Motion by Deputy Mayor Pro Tem Scott to adjourn; motion seconded by Councilmember Froehlich. Motion passed with all ayes. The meeting adjourned at 8:43 p.m. William P. Clancy, Mayor;/ City Council Meeting Minutes for November 6, 2012 Page 8 of 9 ATTEST: City Council Meeting Minutes for November 6, 2012 Page 9 of 9