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2009-03-03 CC MinutesCity of Farmers Branch City Council Meeting Agenda City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, March 3, 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 Tim O'Hare Mayor Pro Tern Ben Robinson Deputy Mayor Pro Tem David Koch Councilmembers Tim Scott Harold Froehlich The following member of the Council was absent: I i Jim Smith The following members of the Administration were present: City Manager Assistant City Manager City Secretary City Attorney Director of Economic Development 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 Sharma Sims-Bradish Cindee Peters Kevin Laughlin John Land Jeff Fuller Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Tom Bryson Sid Fuller Kyle King A.l DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS. City Council discussed items on the regular agenda. A.2 DISCUSS STUDY SESSION MEETING TIMES. The City Council discussed the possibility of changing the Study Session starting time. Volume 102, page 33 B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Tim Scott gave the invocation and Mayor Pro Tern Ben Robinson led the pledge of allegiance. B.2 RECOGNIZE CORPORAL TERRY EOFF OF THE POLICE DEPARTMENT FOR RECEIVING THE DALLAS COWBOYS COMMUNITY QUARTERBACK AWARD FOR 2008 FOR HIS WORK WITH SPECIAL OLYMPICS TEXAS. Mayor Tim O'Hare explained that the Special Olympics Texas is a non-profit organization that provides year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities. Volunteers are the lifeline of the Special Olympics program and for the past seven years Corporal Eoff has volunteered countless hours of his time to this wonderful organization. Corporal Eoff is currently the North Region Director for the Law Enforcement Torch Run, a fund raising event for Special Olympics, and served as the co-chair for the Torch Run International Conference that was held in Dallas in 2008. Terry has participated in numerous fund raising events across the region and has organized car shows, golf tournaments and a casino night, to name just a few, all in an effort to raise money for Special Olympians. 1 Because of Terry's hard work and dedication to the Torch Run and Special Olympics Texas, Terry is one of ten finalists in the DFW Metroplex region to receive the Dallas Cowboys Community Quarterback Award for 2008. Special Olympics Texas will receive an award of $1,000 dollars from the Gene and Jerry Jones Family Charities on his behalf. Mayor O'Hare thanked Officer Eoff for his tremendous asset to our community. B.3 REPORT ON STUDY SESSION ITEMS. City Council gave a brief explanation of items discussed in study session. BA PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. No one presented an application. 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. Volume 102, page 34 A motion by Mayor Pro Tem Robinson, a second by Councilman Koch, all voting "aye", approved the consent agenda as submitted. C.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 17, 2009. C.2 ADOPTED RESOLUTION NO. 2009-014 APPROVING AN AGREEMENT WITH BIRKHOFF, HENDRICKS AND CONWAY, LLP FOR ENGINEERING SERVICES FOR THE REHABILITATION OF THE WICKER PUMP STATION. C.3 ADOPTED ORDINANCE NO. 3018 ABANDONING AN ELECTRIC EASEMENT AT LAGO VISTA EVERGREEN. ORDINANCE NO. 3018 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING AN ELECTRIC EASEMENT DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. E.1 CONSIDER THE REQUEST OF MIKE MILLER TO DISCUSS CURRENT SIGN REGULATIONS AND CITATIONS RECEIVED AND TAKE APPROPRIATE ACTION. Mr. Miller, 1020 Terry Way, stated he was upset with the enforcement of sign regulations that were adopted by City Council last year and the effect on his business. Mr. Miller stated his business is the Griffin's Barbers and Stylist Shop located at 12895 Josey Lane, Suite 129, in the Farmers Branch Shopping Center at the southwest corner of the Josey Lane, Valley View Lane intersection. Mr. Miller asked that Council consider revising the current ordinance. Building Official Jim Olk gave a brief presentation on the current sign ordinance. The following people spoke in opposition of the current sign ordinance: Mr. Rayburn Wright 2441 Valwood Ms. Ellzabeth Villafranca 13260 Josey Lane After the presentation and deliberation, the City Council directed staff to bring this back at a future City Council meeting for more discussion and possible amendment to the ordinance. Volume 102, page 35 E.2 CONSIDER APPROVING RESOLUTION 2009-016 AUTHORIZING THE IMPLEMENTATION OF A STREET LIGHT BANNER POLICY AND TAKE APPROPRIATE ACTION. Ms. Traci E. Leach, Management Analyst, explained that during the past two years, the City has used street light banners as a tool to promote business districts (North Dallas Design District), promote the City and individual programs (Residential Incentive Program), and promote City-sponsored special events (Christmas and Fishin' Fun). Traditionally, the City has not allowed any third parties to hang signs or banners from the street lights, which are owned by Oncor Electric and located in the public-rights-of-way. The proposed policy provides a framework within which third parties could hang banners on street lights located in the public rights-way. Done properly, this type of signage can enhance the City by promoting special districts within the City and publicizing events that benefit the community. The policy proposes to allow only the following types of banners to be hung: Banners that identify institutions that contributes to the civic life of the community; Banners that identify distinct residential and commercial areas that lends a special character to the City; Banners that increase awareness of, as well as promote, City-sponsored activities and events; and Banners that notify the public of charitable endeavors that benefit the community. Approval may be denied for any of the following reasons: The banner is commercial in nature; or The banner is offensive, derogatory, or political in nature; or The requesting organization is not located in Farmers Branch; or The banner violates any existing City policies. Should an Applicant be denied approval to hang a banner, he may appeal to the City Council, which will make the final determination. Mayor Pro Tem Robinson suggested that item two be eliminated and that the 60 days allowed for a banner be reduced. After a brief discussion, a motion by Councilman Scott, a second by Councilman Koch, with Scott, Koch and Froehlich voting "aye", and Robinson voting "nay", rejected Resolution 2009-016 authorizing the implementation of a Street Light Banner Policy. E.3 CONSIDER RESOLUTION 2009-017 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN A DEVELOPMENT AGREEMENT AND A PURCHASE AND SALE AGREEMENT WITH OPTION AND RIGHT OF FIRST REFUSAL WITH MCDOUGAL LAND COMPANY, L.C. REGARDING THE SALE AND DEVELOPMENT OF REAL PROPERTY LOCATED IN TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO (OLD FARMERS BRANCH) Volume 102, page 36 ADJACENT TO THE DART FARMERS BRANCH STATION AREA AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, explained that on January 20, 2009, the City Council authorized the City Manager to negotiate with the McDougal Companies for a Farmers Branch Station Area Development Agreement. The attached documents represent the results of those negotiations. The agreement refers to the Phase I property as the first development stage. It is planned to be on about 3.03 acres of land and consist of not less than 200 apartment units, a structured parking garage, and other items in a 4 story complex. Most of 2009 will be spent in the planning, design, and construction drawings phase, with construction scheduled to begin by January 31, 2010. In anticipation of this development, the city is already in design for the required streets and other public infrastructure per an agreement approved earlier by the City Council. These agreements address development requirements, conditions for the sale of City property, and, in the event the developer is unable to complete the project, the City's ability to take back the property. A First Right of Refusal for Phase II immediately south of Phase I is also included. City Manager Gary Greer stated this is a monumental event for Farmers Branch and an exciting project. A motion by Mayor Pro Tem Robinson, a second by Councilman Scott, all voting "aye", approved Resolution No. 2009-017 authorizing the City Manager to execute the Development, Purchase and Sale, and Restriction Agreements. EA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. G.1 ADJOURNMENT. A motion by o cilman Scott, a second by Mayor Pro Tern 4o in n, all voting "aye", dj urR(e the Cit Council meeting of March 3, 20 Cindee Peters, City Secretary Tim O'Hare, Mayor Volume 102, page 37