City of Farmers
Branch
City Council Regular
Meeting Agenda
City Hall Plaza
13000 William Dodson
Parkway
Farmers Branch, Texas
Monday, March 1, 2004
7:30 P.M.
The following members of the City
Council were present:
Mayor Bob
Phelps
Mayor
Pro Tem Paul
Walden
Deputy
Mayor Pro Tem Bill
Moses
Councilmembers Charlie
Bird
Junie
Smith
Ben Robinson
The following members of
Administration were present:
City
Manager Linda
Groomer
Assistant
City Manager Mary
Jane Stevenson
Assistant City Manager Greg Vick
City
Secretary Cindee
Peters
Assistant
to the City Manager Margaret
Somereve
Assistant
to the City Manager John
Roach
Director
of Economic Development Norma
Nichols
City
Attorney John
Boyle
Fire
Chief Kyle
King
Acting
Police Chief Kirk Riggs
Acting
Library Director Kate
Lyon
City Engineer Jerry
Murawski
Director
of Communications Tom
Bryson
Director
of Public Works Mark
Pavageaux
Director
of Equipment Services Don Moore
Director
of Parks and Recreation Jeff
Fuller
Recording
Secretary Suzanne
Reynolds
Mayor Phelps called the City
Council meeting of March 1, 2004 to order at 7:30 p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilwoman
Smith gave the invocation and led the pledge of allegiance.
A.2 PROCLAIM FEBRUARY 29 - MARCH 6, 2004 AS
"SEVERE WEATHER AWARENESS WEEK".
Mayor Phelps proclaimed February 29
through March 6, 2004 as “Severe Weather Awareness Week” and presented Chief
King with a proclamation.
A.3 PRESENTATION
OF SERVICE AWARD
Mayor Phelps presented a 15-year
employee service award to Charles Taylor of the Police Department.
A.4 PRESENTATION OF BOARD APPLICATIONS.
There were no board applications
presented.
A.5 REPORT ON STUDY SESSION ITEMS.
Mayor Phelps and the
City Council gave a brief summary of the items discussed in Study Session prior
to the regular meeting.
B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS
AND TAKE THE APPROPRIATE ACTION.
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 Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,”
adopted the Consent Agenda as submitted.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 16, 2004.
B.2 ADOPTED RESOLUTION NO. 2004-024 ACCEPTING
A PUBLIC ALLEY EASEMENT ON PROPERTY ADDRESSED AS 2839 MILLWOOD DRIVE DONATED TO
THE CITY OF FARMERS BRANCH BY JOHN AND JANE MARTIN.
B.3 ADOPTED RESOLUTION NO. 2004-019 AWARDING
THE BID FOR ANNUAL SIDEWALK REPAIRS AND CONSTRUCTION.
C.1 CITIZEN PARTICIPATION.
Nick Korba, 13210 Shahan, expressed
his concerns regarding the flashing 20 mph lights on Brookhaven Club Drive for
the golfers.
John Wells, 13521 Heartside Place,
echoed Mr. Korba’s concerns about the speed limits on Brookhaven Club Drive.
C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY UNITED NOTIONS, INC. FOR THE APPROVAL OF
UNITED NOTIONS ADDITION, BEING A REPLAT OF PORTIONS OF VALWOOD PARK FARMERS
BRANCH-PHASE TWO AND OF SIGNATURE STONE ADDITION AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The proposed
United Notions Addition, located at 13795 and 13800 Hutton Drive, is being
replatted to establish two lots and to dedicate fire lane, water, utility and
electric easements.
The two lots of the proposed plat
total 8.29 acres. Lot 1 consists of
3.07 acres, and is the site of a single-story structure owned and occupied by
HMD Holdings, L.L.C. Lot 2, consists of
5.22 acres and is the site of an existing two-story office/warehouse owned and
occupied by United Notions, Inc. The south portion of Lot 2 is unimproved.
United Notions, Inc. is proposing an addition to the building on Lot 2 on the
unimproved portion of the lot. United
Notions, Inc. is in the fabric, sewing notions, and crafts business.
Texas Local Government Code
requires that a public hearing be conducted for all replats that do not vacate
a preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides
interested parties and citizens an opportunity to be heard but does not require
written notification.
United Notions Addition is
consistent with the site plan approved by City Council on February 2, 2004, the
Texas Local Government Code, and with City requirements for a replat.
The Planning and Zoning Commission
recommends approval of the final plat of United Notions Addition.
Mayor Phelps opened the public hearing.
A motion by Deputy Mayor Pro Tem
Moses, seconded by Councilman Bird, all voting “aye,” closed the public
hearing.
There being no discussion, a motion
by Councilwoman Smith, seconded by Councilman Bird, all voting “aye,” approved
the final plat of United Notions Addition.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-012
SUPPORTING FEDERAL FUNDING FOR THE DART NORTHWEST CORRIDOR LIGHT RAIL LINE AND
TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The DART
Northwest Corridor light rail project is a high priority of the City of Farmers
Branch. The project has recently
received the required Federal environmental clearance and a recommended rating
from the Federal Transit Administration. Final design is scheduled to begin
later this year. In order for the project to proceed on schedule, Federal “New
Starts” funding in the amount of $700,000,000 is necessary. DART is initiating
efforts to secure the needed Federal funding and has asked for all its member
cities to adopt resolutions indicating their support.
This resolution, if adopted, would
reinforce support of the City of Farmers Branch for the timely completion of
this much-needed project and would communicate the City’s recommendation to
members of Congress that they favorably consider DART’s request for Federal
funding.
Mayor Phelps stated that on March
30th, 31st and April 1st he and Traffic
Engineer Dave Davis, would be traveling to Washington, D.C. with a group of
DART staff and Mayors from surrounding cities to meet with our Representatives
and Senators to encourage this full funding request.
There being no further discussion,
a motion by Councilman Robinson, seconded by Mayor Pro Tem Walden, all voting
“aye,” adopted Resolution No. 2004-012 supporting Federal funding for the DART
Northwest Corridor Light Rail Line.
D.2 CONSIDER ADOPTING TWO RESOLUTIONS RELATIVE
TO TAX INCREMENT FINANCING DISTRICT NO. 1:
A. RESOLUTION NO. 2004-026 APPROVING
DEVELOPMENT AGREEMENT NO. 5 WITH TRANSCONTINENTAL INVESTORS, INC. FOR
CONSTRUCTION OF PUBLIC IMPROVEMENTS ON AN APPROXIMATELY 66-ACRE TRACT OF LAND
SOUTHWEST OF I-635 AND LUNA ROAD, AND
B. RESOLUTION NO. 2004-027 APPROVING DEVELOPMENT AGREEMENT NO. 6 WITH AMERICAN REALTY TRUST, INC. FOR CONSTRUCTION OF A SANITARY SEWER LIFT STATION NORTHEAST OF I-635 AND LUNA ROAD, AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. On December 21,
1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved
by the City Council to fund public street, sidewalk, drainage, water, sanitary
sewer, and enhancement improvements on the west side of the City.
Development Agreement No. 5 is
proposed for the construction of public improvements on approximately 66 acres
southwest of I-635 and Luna Road, south of the Omni Hotel, hereinafter
identified as the Peninsula Tract.
Transcontinental Investors, Inc. is the developer of the property. Development Agreement No. 6 is proposed for
the construction of a sanitary sewer lift station northeast of I-635 and Luna
Road behind the Parkwest development.
American Realty Trust, Inc. is the developer of the property.
Transcontinental Investors, Inc.
and American Realty Trust, Inc. have proposed to advance the City funds for the
public improvements. The agreements negotiated by the City and the developers
provide for the City to design and construct the improvements and for the
developers to advance the funds. In
general the agreements provide the following:
§
The City awards all contracts and makes all purchases
in conformance with State law and City policy.
§
The developers advance the funds before awarding any
contracts or making any purchases.
o Transcontinental
Investors, Inc. will be reimbursed for the actual funds advanced in an amount
not to exceed $2,000,000 plus a maximum of 6% interest per year from the TIF
fund.
o American
Realty Trust, Inc. will be reimbursed for the actual funds advanced in an
amount not to exceed $1,680,000 plus a maximum of 6% interest per year from the
TIF fund.
o Reimbursement
will only be made after there is a minimum of $1,000,000 in the TIF fund after
exclusion of all required expenditures.
With the exceptions of the project
description and the maximum amount of reimbursement, the provisions of
Development Agreements No. 5 and 6 are the same as those contained in
Development Agreement Nos. 1-4, which were for Wittington Place, Mercer
Parkway, Chartwell Crest, and the Lakes and Sumps, respectively. The City Attorney has reviewed and approved
the agreements.
There being no discussion, a motion
by Mayor Pro Tem Walden, seconded by Councilwoman Smith all voting “aye,”
approved Resolution No. 2004-026 approving Development Agreement No. 5 with
Transcontinental Investors, Inc. for construction of public improvements on the
Peninsula Tract and Resolution No. 2004-027 approving Development Agreement No.
6 with American Realty Trust, Inc. for construction of a sanitary sewer lift
station northeast of I-635 and Luna Road of I-635 and Luna Road.
D.3 CONSIDER ADOPTION OF ORDINANCE NO. 2759 MAKING IT UNLAWFUL TO KEEP PROHIBITED FOWL AND ANIMALS WITHIN THE CITY AND PROVIDING FOR REGISTERED PROPERTIES TO KEEP FOWL OR ANIMALS SUBJECT TO SPECIFIC CONDITIONS AND TAKE APPROPRIATE ACTION.
Mayor Phelps
presented the following information.
Proposed Ordinance No. 2759 was prepared in response to concerns that
the keeping of certain fowl and livestock is not consistent with the City’s
increasingly urban environment and may impair property values. The proposed ordinance allows properties
where such animals are now being legally kept to continue, subject to
essentially the same regulations presently applicable. However, the proposed ordinance prohibits
additional fowl and livestock from being brought into the City and prohibits
the transfer of existing fowl or livestock to another property in Farmers
Branch.
Proposed Ordinance
No. 2759 requires that owners of specified fowl and livestock have their
properties inspected and registered with the City to retain the right to keep
such animals. Fowl and livestock addressed include chickens, pigeons, ducks,
geese, turkeys, rabbits, goats, sheep and other similar types of fowl and
animals. It will be the responsibility
of affected property owners or residents to contact City staff and have their
property inspected and registered by December 31, 2004. No fees will be
collected for inspection and registration of these properties.
Proposed Ordinance No. 2759 also prohibits some additional
non-domestic animals not presently addressed, including all animals listed by
the Texas Department of Health as “Dangerous Wild Animals” in Chapter 822
Subchapter E of Section 822.101 of the Texas Health and Safety Code. Animals referenced under the State statute
include bears, lions, tigers, cougars,
gorillas, coyotes, hyenas and other animals capable of, or inclined to do
serious bodily harm to humans or other animals.
Proposed Ordinance No. 2759 will
repeal Ordinance No. 1424, which provided for the keeping of prohibited animals
within the City prior to 1983 subject to an annual permit. Proposed Ordinance No. 2759 does not affect
other existing provisions regulating dogs, cats, impoundment of animals or
animals that have otherwise been declared “dangerous”.
John Wells, 13521
Heartside Place, stated he would not like the City to prohibit the keeping of
animals such as chickens and rabbits.
He requested that the Council seriously consider their vote on proposed
Ordinance No. 2759.
Mayor Phelps stated the current
residents with fowl would be grandfathered.
There was a discussion with Mr. Wells about keeping chickens and ducks
in the City.
There being no further discussion,
a motion by Councilman Bird, seconded by Councilman Robinson, all voting “aye,”
adopted the following captioned Ordinance No. 2759.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 18, ARTICLE I, SECTION 18-1; SECTION 18-4; SECTION 18-5; AND SECTION 18-6; REPEALING ORDINANCE NO. 1424 AND CHAPTER 18, ARTICLE IV, SECTION 18-221;CREATING SECTIONS 18-7, 18-8 AND 18-9 MAKING IT UNLAWFUL TO KEEP PROHIBITED FOWL AND ANIMALS WITHIN THE CITY; PROVIDING FOR REGISTERED PROPERTIES TO KEEP FOWL OR ANIMALS SUBJECT TO SPECIFIC CONDITIONS; PROHIBITING RELOCATION OR IMPORT OF NEW FOWL OR ANIMALS; PROVIDING FOR THE REMOVAL OF FOWL OR ANIMALS FROM REGISTERED PROPERTIES UPON A CHANGE OF OCCUPANCY; PROHIBITING ANIMALS LISTED BY THE TEXAS DEPARTMENT OF HEALTH OF CHAPTER 822 SUBCHAPTER E SECTION 822.101 AND ITS REVISIONS; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
D.4 CONSIDER APPOINTMENTS TO THE
SCHOOL-COMMUNITY RELATIONS COMMITTEE, ANIMAL SHELTER ADVISORY COMMITTEE AND
ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps stated this item would
be brought back to the March 15th City Council meeting.
D.5 CONSIDER COUNCIL TRAVEL REPORTS AND
REQUESTS AND TAKE APPROPRIATE ACTION.
There were no
travel reports or requests.
D.6 PRESENTATION OF COUNCIL COMMITTEE AND
ORGANIZATION EPORTS.
Councilwoman Smith stated she
attended the Planning and Zoning Commission meeting on February 23rd
at which Mark Humphreys presented “In-town Housing.” She stated she and Deputy Mayor Pro Tem Moses attended the
Community Watch Organizational meeting at the Villa Marquis Apartments on
February 21st.
Councilman Bird stated he attended
the Texas History Alive at the Historical Park on
Saturday, February 28th.
Mayor Phelps stated on February 6th
he, Abby Liu and Norma Nichols hosted a delegation from mainland China and at
noon he attended a Dallas Regional Mobility Coalition meeting. On February 7th he attended
Senior Game Night at the Senior Center.
On February 9th he, Councilmen Robinson and Bird toured the
Manske Library. On February 10th
at 7:30 a.m. he, City Manager Linda Groomer and Traffic Engineer Dave Davis
attended a special meeting in Richardson regarding DART issues. At 6 p.m. he and his wife Dee hosted a
reception for Kenny Marchant at Brookhaven Country Club. On February 11th at 7:30 a.m. he
attended the Farmers Branch Chamber of Commerce Branch Out. At 10:30 a.m. he and Deputy Chief Ronnie
Inman met with Milburn Gravely of Carrollton, Catfish Montgomery and the
Shriners at Carrollton Elementary to teach 4th grade students fire
safety. On February 12th he
attended the Special Meeting at City Hall regarding a new business coming into
Farmers Branch. On February 13th
he attended the Farmers Branch Chamber of Commerce Sweetheart Luncheon. On February 16th he attended the
Farmers Branch City Council Meeting. On
February 17th he spent one-half day on phone calls with a lady from
Denver regarding the new Oshman’s store coming to the City. On February 18th he attended the
Senior Luncheon and at 4 p.m. he attended the Metrocrest Chamber meeting. One February 19th he, Ms.
Groomer, and Economic Director Norma Nichols met with the Carrollton Mayor and
Economic Development Director and Pat Cantusen with Valwood Improvement
Authority to discuss the triple freeport.
On February 23rd he, City Engineer Jerry Murawski and Mr.
Davis met with County Commissioner Jim Jackson regarding road construction on
the west side. On February 24th
at 11 a.m. he met with Earl Graves the new manager at the City’s Wal-Mart
Store. At 3 p.m. he and Councilman Bird
met with staff and Moody’s bond rating agency regarding the Star Center. On
February 25th at the Holiday Inn Select he attended the Kick Off for
the Boy Scouts and at noon he was one of the speakers at the Farmers Branch
State of the City; from 3 – 5 p.m. he met with Standard and Poors bond rating
agency. On February 26th he
attended the Council of Government meeting and in the evening he and
Councilwoman Smith attended the Star Gazing Astronomy Party at the Historical
Park. On Saturday, February 28th
he welcomed the Texana Living History
Association at the Historical Park.
E.1 CONSIDER NECESSARY ACTION ON ITEMS
DISCUSSED IN THE EXECUTIVE SESSION.
There were
no items on the Executive Session.
E.2 ADJOURNMENT.
A motion by Mayor Pro Tem Walden, a
second by Councilwoman Smith, all voting “aye”, adjourned the City Council
meeting of March 1, 2004 at 8:24 p.m.
___________________________ ___________________________
Bob Phelps, Mayor Cindee Peters, City Secretary