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2000-10-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 2, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Jim Robbs Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager Margaret Somereve Assistant to City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Communication Director Tom Bryson Economic Development Director Norma Nichols Director of Community Services Michael Spicer Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of October 2, 2000 to order at 7:30 P.M. The meeting was televised. Volume 84, page 106 A.1 INVOCATION. Reverend Sam Underwood of the First Baptist Church in Farmers Branch gave the invocation and Councilwoman Davis led the pledge of allegiance to the flag. A.2 PROCLAIM OCTOBER 2000 AS "FIRE PREVENTION MONTH". Mayor Phelps read and presented the proclamation to Chief King, which proclaims October 2000, as "Fire Prevention Month," in Farmers Branch, Texas. A.3 PRESENTATION OF AWARDS FOR FIRE PREVENTION POSTER CONTEST. The Mayor and Fire Department staff presented awards to winners in the Fifth Annual Fire Prevention Poster Contest. Ms. Wendi Kimpton, Fire Prevention Training Coordinator, presented the 2000 Fire Prevention awards to the following students from Cabell Elementary: first place Tyler Zorn, second place Brenda Rodriguez, and third place Haley Lee. Ms. Wendi Kimpton, Fire Prevention Training Coordinator, presented the 2000 Fire Prevention awards to the following students from Farmers Branch Elementary: Best of Show and first place Kristi Soto, second place Lindsey Dodd, and third place Randy Velasquez. Ms. Wendi Kimpton, Fire Prevention Training Coordinator, presented the 2000 Fire Prevention awards to the following students from Janie Starke Elementary: first place Evan Ward, second place Lyna Nguyen, and third place Joey Russo. Ms. Wendi Kimpton, Fire Prevention Training Coordinator, presented the 2000 Fire Prevention awards to the following students from Mary Immaculate School: first place Madison Booth, second place Mia Tomlinson, and third place Natalie Rivera. Ms. Wendi Kimpton, Fire Prevention Training Coordinator, presented the 2000 Fire Prevention awards to the following students from Montgomery Elementary: first place Luis Mendez, second place Clay Williams, and third place Ruth Morales. A.4 PROCLAIM BODO PALTE AND ARIANE-SIMONE WEGNER AS HONORARY CITIZENS OF THE CITY OF FARMERS BRANCH AND PRESENT PLAQUES TO THE TWO HOST FAMILIES. Volume 84, page 107 Mayor Phelps presented honorary citizenship certificates and gifts bags to Bodo Palte and Ariane-Simone Wegner university students from Farmers Branch Sister City of Garbsen, Germany who will be interning with the City of Farmers Branch for approximately eight weeks. Mayor Phelps also present plaques to host families, Don and Anne Moore and Danielle Daniels. Janie Scarbrough, Sister City Chairman, stated there would be approximately 25 band students and 4 adult sponsors arriving on October 20, 2000 and host families are being sought for these students. She stated if anyone is interested to please call the Communications Department at City Hall. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year service award to Jeannie Sculley of the Finance Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the Regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. 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 Tern Moses, seconded by Councilwoman Davis, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 25, 2000. B.2 APPROVED THE REQUEST OF RITZ PARKSIDE, LTD., FOR SITE PLAN TO AMEND THE EXISTING SITE PLAN FOR AN Volume 84, page 108 0 ADDITIONAL PARKING LOT FOR A 161-UNIT APARTMENT COMPLEX ON A 3.34 ACRE SITE LOCATED AT 4040 SPRING VALLEY ROAD, GENERALLY AT THE SOUTHWEST CORNER OF SPRING VALLEY ROAD AND PARKSIDE CENTER BOULEVARD WITHIN THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT. B.3 ADOPTED ORDINANCE NO. 2569 AMENDING ORDINANCE NO. 1381 SPECIFYING THE PLACEMENT OF A STOP SIGN ON NORTHBOUND MILLWOOD DRIVE AT FARMERS BRANCH LANE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1381; SPECIFYING THE PLACEMENT OF A STOP SIGN ON NORTHBOUND MILLWOOD DRIVE AT FARMERS BRANCH LANE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE AND PROVIDING FOR A SEVERABILITY CLAUSE. B.4 ADOPTED RESOLUTION NO. 2000-163 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS DISPLAYS. D.1 CONSIDER REQUEST OF VAUGHN MILLER CONCERNING THE DEVELOPMENT OF VALLEY VIEW MARKET SHOPPING CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Valley View Market Shopping Center is located south of Valley View Lane, north of 1-635, west of Midway Road. It is the retail site that includes the proposed Salt Grass Steakhouse. Vaughn Miller, President of the Commercial/Retail Division of Henry S. Miller Commercial, developer of the retail site, requested to be placed on this City Council agenda and submitted the following requests: 1. "We would like to ask the City Council to allocate $35,000 to complete the improvements to Valley View Lane and, in doing so, bring a first class restaurant and shopping center development to the City creating over 200 new jobs and estimated to generate over $6 million in sales; 2. "We would also like to ask the City Council to have our development qualify for the municipal tax abatement incentive plan as described on the City's website: the amount is based on a point system dependent upon the amount of capital investment, number of jobs created, and the amount of sales tax generated if applicable; 3. "We would like to have a general discussion with the City Council about our LBJ Freeway pylon sign, however, we will not be seeking any approvals for such at this time." Volume 84, page 109 Staff recommends that items 1 and 2 above be declined by the City Council and Mr. Miller be referred to the Planning and Zoning Commission for matters related to the sign. John Wells, 13521 Heartside, stated he is not in favor of tax abatements for businesses wanting to locate in Farmers Branch. Vaughn Miller, President, Henry S. Miller Commercial, requested that the Council consider two items and discuss a third item that he is not seeking approval for at this time. Mr. Miller briefly explained the items he presented to the Council. First, he would like for the City Council to allocate $35,000 to complete the improvements to Valley View Lane and, in doing so, bring a first class restaurant and shopping center development to the City creating over 200 new jobs and estimated to generate over $6 million in sales. Second, he would like to have the development qualify for the municipal tax abatement incentive plan as described on the City's website: "The amount of abatement is based on a point system dependent upon the amount of capital investment, number of jobs created, and amount of sales tax generated if applicable." Third, he wished to discuss with Council changing the LBJ Freeway pylon sign, without seeking a formal approval for such at this time. Mayor Phelps stated he spoke with Mr. Miller and explained to him that the consideration of the pylon sign would have to go back to the Planning and Zoning Commission. He stated Mr. Miller's project does not legally qualify for the City's tax abatement policy. He asked the City Attorney to comment on this item. John Boyle, City Attorney, explained that throughout the history of the tax abatement program it has been used to attract new development and not existing development. He stated it is his opinion development has been in place and does not qualify for the tax abatement program. Richard Escalante, City Manager, stated he submitted a letter to Mr. Miller today. In regard to the new Valley View Lane improvements, he stated the site plan had been presented and approved, the developer had agreed to construct the turn lane and the Council voted to approve this site plan including the developer constructing this lane. He stated this issue should have been brought up at that time. Mr. Escalante stated that the City was instrumental in helping the developer expedite this project by working with the Texas Department of Transportation. He stated the developer has requested assistance from the City because the project is over budgeted. Mr. Escalante stated this is not a basis for the City to expend tax dollars. Further, Mr. Escalante stated Mr. Miller indicated that perhaps staff by action or inaction may have cost the developer additional funds. The City Volume 84, page 110 conducted a review of these circumstances presented by Mr. Miller and had concluded that staff acted appropriately. Mr. Escalante stated there is no basis for the City to assume the $35,000 to make improvements to Valley View Lane. Mr. Wells stated his objection to the LED sign. Mayor Phelps stated there could not be any action taken on the LED sign without recommendation from the Planning and Zoning Commission. Mr. Wells reminded the Council that a similar sign owned by American Airlines at DFW Airport was responsible for several accidents. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Moses, all voting "aye," declined items 1 and 2 as mentioned above and referred Mr. Miller to the Planning and Zoning Commission for matters related to the sign. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-165 APPROVING AN AGREEMENT FOR ENGINEERING SERVICES WITH PBS&J FOR WATER LINE AND SANITARY SEWER LINE IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Capital Improvement Program Budget Non-bond Utility Fund provides a total of $436,700 for utility replacement and rehabilitation. The water line to be replaced runs from Valley View Lane to Wilmington Lane west of the shopping center located at the southwest corner of Valley View Lane and Josey Lane. Sanitary sewer lines to be replaced are located between Wasina Drive and Heartstone Drive west of Josey; between Wicker Avenue and Greenhurst Drive from Bee Street to Dennis Lane; between Emeline Drive and Winterhaven Drive from Webb Chapel Road to Longmeade Drive and between Marietta Drive and Mount View Drive from Tom Field Road to Epps Field Road. An agreement has been negotiated with PBS&J to design these improvements for an amount not to exceed $118,530. The time to perform the design is 120 calendar days. The City Engineer recommends the adoption of Resolution No. 2000-165 approving an agreement for engineering services with PBS&J for the water line and sanitary sewer line improvements. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-165 Volume 84, page 111 approving an agreement for engineering services with PBS&J for the water line and sanitary sewer line improvements. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. DA CITIZEN PARTICIPATION. John Wells, 13521 Heartside, stated he is very pleased to see the walking/jogging trail being used at Rawhide Creek and commends staff for completing the project. He asked if the City could publish a walking map of the walkways and distribute them to the hotels and motels. He stated that would enable the City to utilize the hotel/motel tax money to maintain the park areas that the visitors use. Mayor Phelps stated the City Attorney would discuss this request with him after the meeting. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:45 P.M. AND RECESSED FOR DINNER AT 6:05 P.M. AND RECONVENED AT 6:38 P.M. AND CONCLUDED AT 6:52 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.1a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS PERFORMANCE EVALUATION OF THE CITY MANAGER. Mayor Phelps explained the City Council discussed the performance evaluation of the City Manager. E.1 b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE (ALFRED CIRCLE) AND CONSIDERATION OF THE Volume 84, page 112 APPROVAL OF USE OF EMINENT DOMAIN AND TAKE APPROPRIATE ACTION. 2. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff was present to discuss these items with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on Executive Session items. A motion by Mayor Pro Tern Moses, a second by all Councilmembers, all voting "aye", gave a four percent increase in salary, a one time $10,000 salary supplement and conditions in a memorandum dated October 2, 2000, to the City Manager. Mayor Phelps stated the City Council was updated on land acquisition and no action was necessary. F.1 ADJOURNMENT. A motion by Councilman Walden, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of October 2, 2000, at 8:38 P.M Mayor City Secretary Volume 84, page 113