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2009-01-20 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, January 20, 2009 Study Session 5:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney Director of Parks and Recreation City Engineer Director of Community Services Director of Public Works Library Director Director of Communications Police Chief Fire Chief Gary D. Greer Greg Vick Shanna Sims-Bradish Cindee Peters Pete Smith Jeff Fuller Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Tom Bryson Sid Fuller Kyle King A.1 DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS. City Council discussed items on the regular agenda. B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Tim Scott gave the invocation and Mayor O'Hare led the pledge of allegiance. Volume 102, page 1 B.2 PRESENTATION OF SERVICE AWARD - GREG VICK, ASSISTANT CITY MANAGER - 5 YEAR AWARD. Mayor O'Hare presented a five-year employee service award to Greg Vick with Administration. B.3 PRESENTATION OF SERVICE AWARD - TOM BRYSON, DIRECTOR OF COMMUNICATIONS - 10 YEAR SERVICE AWARD. Mayor O'Hare presented a ten-year employee service award to Tom Bryson with Communications. B.4 CONSIDER ACCEPTANCE OF A $500 DONATION FROM A RESIDENT, CARL STEWART TO THE FARMERS BRANCH POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Sid Fuller, Chief of Police, stated Carl Stewart, a Farmers Branch resident and recent graduate of the Farmers Branch Citizens Police Academy wishes to make a donation to the Farmers Branch Police Department. In a recent letter to the Chief of Police, Mr. Stewart states," I am sending you a check for $500 and you are welcome to use the funds however you see fit. I want to thank yourself and all the wonderful people in the department for serving our great city". The funds will be used to pay for the annual awards luncheon that honors employees of the police department for their dedication and service and recognizes individuals who have distinguished themselves during the year. The awards ceremony is in May. Mr. Stewart could not be here tonight to present the check. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", accepted the $500 donation from Carl Stewart to be used to pay for the annual awards luncheon honoring Farmers Branch Police Department employees. B.5 CONSIDER ACCEPTING AN $850 DONATION FROM WAL-MART FOR THE FIRE DEPARTMENT. Kyle King, Fire Chief, explained that the staff of Wal-Mart, 13307 Midway Road, would like to make a generous donation of $850, from their Local Community Contribution program to the Farmers Branch Fire Department. This donation will be used by the Fire Prevention Division to purchase supplies for fire prevention education program. Ms. Dee Dee Gonzalez, Personnel Manager, was not in attendance at tonight's meeting to present the donation. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", accepted the $850 donation from Wal-Mart. Volume 102, page 2 B.6 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. B.7 REPORT ON STUDY SESSION ITEMS. Mayor O'Hare stated this item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. A motion by Councilman Froehlich, a second by Councilman Smith, all voting "aye", appointed Sally Derrick to the Library Board. A motion by Mayor O'Hare, a second by Councilman Smith, all voting "aye reappointed Ms. Jamie Jewell and Ms. Michael Loftus to the Historical Preservation and restoration Board. Mayor O'Hare announced Council discussed the regular Council agenda items. C. CONSENT AGENDA Mayor O'Hare 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 Tern Robinson, a second by Councilman Koch, all voting "aye", removed item C.3 from the consent agenda. A motion by Mayor Pro Tem Robinson, a second by Councilman Smith, all voting "aye", approved the consent agenda as amended. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 16, 2008. C.2 EXCUSING THE ABSENCE OF MAYOR TIM O'HARE AT THE DECEMBER 16, 2008 MEETING. CA ADOPTED RESOLUTION NO. 2009-003 AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH CHAMPION COATINGS, INC. FOR THE PAINTING OF THE ELEVATED WATER STORAGE TANK LOCATED AT VALLEY VIEW LANE AND MARSH LANE. C.3 TO BE HEARD AS ITEM E.0 Volume 102, page 3 C.5 CONSIDER ADOPTING ORDINANCE NO. 3011 ESTABLISHING WASTEWATER LIMITS FOR MOLYBDENUM AND PROVIDING FOR MODIFICATION OR REALLOCATION OF LOCAL LIMITS IN INDUSTRIAL WASTEWATER PERMITS. ORDINANCE NO. 3011 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 86 "UTILITIES", ARTICLE III "SANITARY SEWER SYSTEM", DIVISION 2 "INDUSTRIAL WASTES", SECTION 86-124 "LOCAL LIMITS", OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH REGARDING LOCAL LIMITS FOR CERTAIN POLLUTANTS DISCHARGED INTO THE CITY'S WASTEWATER COLLECTION SYSTEM; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C.6 ADOPTED RESOLUTION NO. 2009-002 ADOPTING THE DALLAS COUNTY LOCAL MITIGATION STRATEGY AS THE LOCAL MITIGATION PLAN FOR THE CITY OF FARMERS BRANCH TO REDUCE THE IMPACT OF NATURAL DISASTERS; REPEALING RESOLUTION NO. 2004-084; AND ESTABLISHING AN EFFECTIVE DATE. C.7 ADOPTED ORDINANCE NO. 3012 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, RELATIVE TO PROHIBITING U-TURNS ON VALWOOD PARKWAY AT STARDUST LANE DURING CERTAIN HOURS; AND RELATIVE TO PROHIBITING PARKING ALONG A PORTION OF THE WEST SIDE OF DENNIS LANE AND ALONG A PORTION OF THE NORTH SIDE OF MYRA LANE. ORDINANCE NO. 3012 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 82 "TRAFFIC AND VEHICLES", ARTICLE II "OPERATION OF VEHICLES", DIVISION 4 "TURNING MOVEMENTS", SECTION 82-61 "U-TURNS PROHIBTED", BY ADDITIONALLY PROHIBTING U-TURNS FROM EASTBOUND TO WESTBOUND VALWOOD PARKWAY AT STARDUST LANE ON SUNDAYS DURING THE HOURS OF 8:00 A.M. AND 2:00 P.M.; AMENDING THE CODE OF ORDINANCES, CHAPTER 82 "TRAFFIC AND VEHICLES", ARTICLE II "OPERATION OF VEHICLES", DIVISION 6 "PARKING", SECTION 82-95 "NO PARKING ZONES" SUBSECTION (a) "SPECIFIC STREETS" BY ADDITIONALLY PROHIBITING PARKING ON THE WEST SIDE OF DENNIS LANE FROM RICHLAND AVENUE TO SQUIRE PLACE DURING THE HOURS OF 7:00 A.M. AND 4:00 P.M. ON SCHOOL DAYS AND ON THE NORTH SIDE OF MYRA LANE Volume 102, page 4 FROM AMSTERDAM ROAD FOR A DISTANCE OF 60 FEET EAST; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. C.8 ADOPTED RESOLUTION NO. 2009-005 AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH JRJ PAVING L.P. FOR THE 2007-2008 STREET RESURFACING PROGRAM PROJECT. C.9 ADOPTED RESOLUTION NO. 2009-006 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO DURO BAG MFG. CO. C.10 ADOPTED RESOLUTION NO. 2009-007 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SOLUTIONS FOR LOCAL CONTROL, LLC, TO PROVIDE LEGISLATIVE CONSULTING. D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE 3007 AMENDING THE PLANNED DEVELOPMENT NO. 24 (PD-24) ZONING DISTRICT TO PROHIBIT SEXUALLY-ORIENTED BUSINESSES, PAWN SHOPS, MASSAGE STUDIOS, TATTOO STUDIOS, SPECIALTY/NOVELTY RETAIL, AND THE SALE OF USED MERCHANDISE AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning stated the Planned Development No. 24 (PD-24) zoning district is located along the west side of I-35E south of Valley View Lane. PD-24 comprises approximately 109 acres and is generally bounded to the north by the centerline of Valley View Lane, to the east by the centerline of I-35E, to the west by the Burlington Northern-Santa Fe Railroad and to the south by the Westside Addition Section 2 as platted and recorded in 2006. At its October 21, 2008 Study Session the City Council directed City Staff to review the development regulations in place along the I-35E corridor and prepare amendments that would serve to improve the quality of development and general appearance of the corridor. Staff has completed a review of the zoning districts comprising the I-35E corridor and determined that two districts along the freeway's west side, Planned Development District No. 24 (PD-24) and Planned Development District No. 25 (PD-25) allow multiple land uses that should be either prohibited or placed under greater regulation. Within the PD-24 district, Staff has identified sexually-oriented businesses, pawn shops, massage studios, tattoo studios, specialty/novelty retail and the sale of used merchandise as uses that should be prohibited. Amending PD-24 to prohibit these uses would be consistent with the existing zoning along the east side of I-35E and the proposed amendment of PD-25 also under consideration on this City Council agenda. Volume 102, page 5 The Planning & Zoning Commission voted unanimously to recommend Planned Development No. 24 zoning district be amended to prohibit those uses as identified above. Mayor O'Hare stated the City Council would hear public comments on item D.1 and item D.2 at the same time. No one spoke during the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye" closed the public hearing on item D.1 and item D.2. A motion by Councilman Koch, a second by Councilman Froehlich, all voting "aye", adopted the following captioned Ordinance 3007 amending Planned Development No. 24 with the correction on page 4 to eliminate "second hand store, used furniture or rummage sale" as an allowable use. ORDINANCE NO. 3007 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 24 (PD-24) ORDINANCE NO. 1179 AS HERETOFORE AMENDED BY ORDINANCE NOS. 1638, 2190, 2234 AND 2417; FOR THE TRACT OF LAND BOUNDED ON THE NORTH BY THE CENTERLINE OF VALLEY VIEW LANE, ON THE EAST BY THE CENTERLINE OF U.S. INTERSTATE 35E, ON THE WEST BY THE EASTERN RIGHT-OF-WAY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD AND ON THE SOUTH BY NORTHERN PROPERTY LINE OF THE WESTSIDE ADDITION SECTION 2, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; BY AMENDING THE ALLOWABLE USES; BY PROHIBITING ADULT ARCADES, ADULT BOOKSTORES, ADULT VIDEO STORES, ADULT CABARETS, ADULT MOTION PICTURE THEATER, ADULT THEATER, ADULT MOTELS, ADULT NOVELTY RETAIL, NUDE MODELING STUDIOS, SEXUAL ENCOUNTER CENTER, MASSAGE STUDIOS, PAWN SHOPS, TATTOO STUDIOS AND SALE OF USED MERCHANDISE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3008 AMENDING THE PLANNED DEVELOPMENT NO. 21 (PD-25) ZONING DISTRICT TO PROHIBIT SEXUALLY-ORIENTED BUSINESSES, PAWN SHOPS, MASSAGE STUDIOS, TATTOO STUDIOS, SPECIALTY/NOVELTY RETAIL, AND THE SALE OF USED MERCHANDISE AND TO REQUIRE A SPECIFIC USE PERMIT FOR Volume 102, page 6 ALL AUTO-RELATED REPAIR AND SERVICE USES AND TAKE APPROPRIATE ACTION. Andy Gillies, Director of Planning, explained the Planned Development No. 25 (PD-25) zoning district is located along the west side of I-35E, north of Valley View Lane. PD-25 comprises approximately 127 acres and is generally bounded to the north by the City of Carrollton, to the east by the centerline of U.S. Interstate 35E, to the west by the Burlington Northern-Santa Fe Railroad and to the south by the centerline of Valley View Lane. At its October 21, 2008 Study Session the City Council directed City Staff to review the development regulations in place along the I-35E corridor and prepare amendments that would serve to improve the quality of development and general appearance of the corridor. Staff has completed a review of the zoning districts comprising the I-35E corridor and determined that two districts along the freeway's west side, Planned Development No. 25 (PD-25) and Planned Development No. 24 (PD-24) permit multiple land uses that should either be prohibited or placed under greater regulation. Within the PD-25 district, Staff has identified sexually-oriented businesses, pawn shops, massage studios, tattoo studios, specialty/novelty retail and the sale of used merchandise as uses that should be prohibited. Staff has identified auto-related repair and service uses as uses that merit greater regulation and should be subject to approval of a Specific Use Permit. Amending PD-25 in this manner would be consistent with the existing zoning along the east side of I-35E and the proposed amendment of PD-24 also under consideration on this same City Council agenda. The Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to Planned Development No. 25 zoning district as described above. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", approved the following captioned Ordinance No. 3008 amending Planned Development Number 25 (PD-25) ORDINANCE NO. 3008 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING AND RESTATING PLANNED DEVELOPMENT NO. 25 (PD-25) ORDINANCE NO. 1263, AS HERETOFORE AMENDED BY ORDINANCE NOS. 1454 AND 1648 FOR THE APPROXIMATE 127 ACRE TRACT OF LAND BOUNDED ON THE NORTH BY THE NORTHERN CITY LIMITS, ON THE EAST BY THE CENTERLINE OF U.S. INTERSTATE 35E, ON THE WEST BY THE EASTERN RIGHT-OF- WAY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD AND ON THE SOUTH BY THE CENTERLINE OF VALLEY VIEW LANE Volume 102, page 7 AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; BY PROHIBITING ADULT ARCADES, ADULT BOOKSTORES, ADULT VIDEO STORES, ADULT CABARETS, ADULT MOTION PICTURE THEATER, ADULT THEATER, ADULT MOTELS, ADULT NOVELTY RETAIL, NUDE MODELING STUDIOS, SEXUAL ENCOUNTER CENTER, MASSAGE STUDIOS, PAWN SHOPS, TATTOO STUDIOS, AND THE SALE OF USED MERCHANDISE; AND TO ALLOW AUTO-RELATED RETAIL AND SERVICE BY SPECIFIC USE PERMIT ONLY; PROVIDING A SEVERABILITY CLAUSE; PROVING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. E.0 ADOPTING RESOLUTION NO. 2009-001 AMENDING POLICIES AND PROCEDURES FOR ACCEPTING DONATIONS. Mr. Charles Cox, Director of Finance, stated in March 2007, the City adopted Resolution No. 2007-031 establishing policies and procedures for accepting donations. The current policy states, "The City Manager shall have authority to accept or reject offers of donations of money, equipment, materials, in-kind contributions or sponsorships to City Departments or the City in general in values less than $500. The current policy is unclear as to what action should be taken on donations that equal$500. Resolution No. 2009-001 clarifies the policy by amending it to read, "....in values up to and including $500." A motion Councilman Scott, a second by Councilman Koch, all voting "aye", approved Resolution No. 2009-001 with an amendment to read "...in values up to and including $1,000." E.1 CONSIDER ADOPTING RESOLUTION NO. 2009-008 AUTHORIZING THE CITY MANAGER TO EXECUTE LETTER OF INTENT WITH MCDOUGAL COMPANIES REGARDING SALE AND DEVELOPMENT OF REAL PROPERTY IN THE FARMERS BRANCH STATION AREA AND TO NEGOTIATE THE PURCHASE AND SALE AGREEMENT AND DEVELOPMENT AGREEMENT DESCRIBED THEREIN AND TAKE APPROPRIATE ACTION. Mayor O'Hare explained in compliance with the vision and goals of the City of Farmers Branch and the City Council the attached Letter of Intent expresses the preliminary terms of a development agreement with the McDougal Companies for the Farmers Branch Station Area. These preliminary terms have been negotiated with the McDougal Companies and will allow the City to begin appropriate infrastructure design and the developer to begin facility planning and design. The Letter of Intent also sets a price of $5.00 per square foot to be paid by the McDougal Companies for the land described in Exhibit A. The developer will basically be required to construct a 4 story urban style apartment and structured parking garage in compliance with the current zoning code for the station area. Time frames will be in place for the Volume 102, page 8 performance by the developer as well as protections for the City in the event the developer is not able to complete the project. McDougal Companies has considerable experience with this type of development. The plan is for construction to begin in January 2010 and achieve completion by mid 2011. The City has visited with references and viewed McDougal projects and believes this company is in a position to be successful at this time and location. At a time when most developers are having an extremely hard time acquiring funding, it is fortunate that the City of Farmers Branch is able to move forward with this important project. City Administration recommends adopting Resolution 2009-008 authorizing the City Manager to execute the Letter of Intent with the McDougal Companies and to negotiate a development agreement as stated above. Mayor O'Hare introduced Mark McDougal and had Mr. McDougal give a brief history of their company. A motion by Mayor Pro Tern Robinson, a second by Councilman Koch, all voting "aye", adopted Resolution No. 2009-008. E.2 CONSIDER ADOPTING RESOLUTION NO. 2009-004 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 AS SUBMITTED BY GRANT THORNTON, LLP, AND TAKE APPROPRIATE ACTION. Mr. Charles Cox, Director of Finance, explained the City Charter requires a complete report on the finances and administrative activities of the City for the preceding year by an independent Certified Public Accountant and that such report be prepared and submitted to the City Council within 120 days of the end of the fiscal year. The audit for the year ended September 30, 2008 was prepared and submitted to the City Council on January 16, 2009 in compliance with the City Charter provisions. The City Charter also requires a City Manager's report within 90 days after audit report submission outlining actions to be taken on any auditor recommendations. This report has been incorporated into a Report to Management which is being submitted to Council along with the financial report. Copies of the annual financial report are available at the Farmers Branch Manske Library and on the City's web page. Mr. Ben Connelly, with Grant Thorton, gave a brief presentation on the Comprehensive Annual Financial Report and Report to Management. Volume 102, page 9 A motion by Mayor Pro Tem Robinson, a second by Councilman Scott, all voting "aye", adopted Resolution No. 2009-004 adopting the Comprehensive Annual Financial Report and Report to Management. E.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:22 P.M. AND THEN CONCLUDED AT 5:55 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. F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 & 551.087. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline, I-635 and Denton Drive - Government Code 551.072 and discuss economic development agreements relative to potential new development in this area - Government Code 551.087. Mayor O'Hare stated staff was present to discuss this item with City Council. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated the City Council was update on the item discussed in executive session and that no action was necessary. G.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", adjourned the City Council meeting of January 20, 2009, 200 at 6:45 p.m. ~ M Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 102, page 10