City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, June 13, 2005

7:30 P.M.

The following members of the City Council were present:

Mayor Bob Phelps

Mayor Pro Tem Charlie Bird

Deputy Mayor Pro Tem Ben Robinson

Councilmembers Junie Smith

Tim O’Hare

Bill Moses

The following members of administration were present:

City Manager Linda Groomer

Assistant City Manager Mary Jane Stevenson

Assistant City Manager Greg Vick

City Attorney John Boyle

City Secretary Cindee Peters

Assistant to the City Manager John Roach

Finance Director Charles Cox

Director of Public Works Mark Pavageaux

Director of Community Services Michael Spicer

Director of Parks and Recreation Jeff Fuller

Acting Police Chief Kirk Riggs

Fire Chief Kyle King

Library Director Danita Barber

City Engineer Jerry Murawski

Director of Communications Tom Bryson

Director of Equipment Services Don Moore

Recording Secretary Suzanne Reynolds

Mayor Phelps called the City Council meeting of June 13, 2005 to order at 7:32 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Deputy Mayor Pro Tem Robinson gave the invocation, and Scout Troop No. 734 from Christ United Methodist presented the colors and led the pledge of allegiance.

Scout Troop No. 734 members introduced themselves, and Mayor Phelps stated the Scouts were working on their Communications badges.

Mayor Phelps announced City Manager Linda Groomer received the prestigious “Linda Keithley Award” for Women in Public Management by the North Central Texas Council of Governments at their annual meeting on June 2^nd. Also, he announced that City Manager Linda Groomer and Assistant City Manager Greg Vick attended the Texas City Management Association Conference where they received recognition for 25 years of service and are credential City Managers with the International City Management Association. Mayor Phelps also recognized Assistant City Manager Mary Jane Stevenson for completing 25 years service with the City of Farmers Branch.

A.2 PRESENTATION BY THE JAMES A. SMITH MASONIC LODGE TO MAYOR BOB PHELPS FOR THE COMMUNITY BUILDERS AWARD.

Former Carrollton Mayor Milburn Gravely and Scott Field of the James A. Smith Lodge Number 395 presented the Community Builders Award to Mayor Bob Phelps for his meritorious service to the City of Farmers Branch.

A.3 PRESENT PROCLAMATIONS CELEBRATING 40 YEARS OF SERVICE TO THE FARMERS BRANCH COMMUNITY BY DAIRY QUEEN, SIZZLER RESTAURANT AND MARSHALL'S BARBEQUE DAY.

Mayor Phelps read and presented a proclamation to Donnie and Frances Moffeit declaring June 14^th as “Dairy Queen Day” in Farmers Branch.

Mayor Phelps read and presented a proclamation to Charles, Deloris and Tom Marshall declaring June 17^th as “Marshall’s Bar-B-Que Day” in Farmers Branch.

Mayor Phelps stated representatives from Sizzler Restaurant were unable to be present.

A.4 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Historical Preservation and Restoration Board has approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommended the following items to Council for approval.

· Original Dodson furniture including a bed headboard, footboard and side rails, a rocking chair and William Dodson’s desk donated by Delaine Dodson-Murphy of Dallas, a granddaughter of William and Maude Dodson. The bed was actually in the Dodson House when the family resided there. The desk and chair were used by both Mayor Dodson and his son, Smith, at their offices.

· A silver lemonade pitcher from the late 1800s that belonged to Isabelle Gilbert Hughes, a descendant of Dr. Gilbert who built the 1856 Gilbert House in the Historical Park. Mary Lou Allen - also a Gilbert descendent - of Woodland Park, Colorado donated the pitcher.

A motion by Councilman Moses, seconded by Councilman O’Hare, all voting “aye,” accepted donations to the Historical Park with appropriate letters.

A.5 PRESENTATION OF SERVICE AWARD - ROBIN EDWARDS OF THE PARKS AND RECREATION DEPARTMENT - 15 YEARS.

Mayor Phelps presented a 15-year employee service award to Robins Edwards of the Parks and Recreation Department.

A.6 PRESENTATION OF CARROLLTON-FARMERS BRANCH ISD PLANS FOR JANIE STARK ELEMENTARY SCHOOL.

Tom Bell, Director of Construction for the Carrollton Farmers Branch Independent School District, presented the plans for the Janie Stark Elementary School renovation and expansion. Mr. Bell stated completion date will be August 2006.

A.7 PRESENTATION OF BOARD APPLICATIONS.

There were no applications presented.

A.8 REPORT ON STUDY SESSION ITEMS.

Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session.

B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION.

Mayor Phelps 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 the consent items is to speed up discussion for those items that need more time for discussion.

A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting “aye,” approved the Consent Agenda as submitted.

B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 16, 2005.

B.2 APPROVED REQUEST BY CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR FINAL PLAT OF STARK ELEMENTARY.

B.3 ADOPTED RESOLUTION NO. 2005-071 VACATING FOUR PLATS; ABANDONING PORTIONS OF STREET RIGHTS-OF-WAY, UTILITY EASEMENTS, AND A LIFT STATION EASEMENT; APPROVING THE FINAL PLAT OF WESTSIDE ADDITION SECTION 1.

B.4 ADOPTED RESOLUTION NO. 2005-076 ACCEPTING A SIDEWALK EASEMENT DONATED BY J&J VENTURE, A TEXAS JOINT VENTURE ON THE PROPERTY KNOWN AS COOKSCREEK APARTMENTS.

B.5 ADOPTED RESOLUTION NO. 2005-072 AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE AN AGREEMENT OF COOPERATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME PROGRAM WITH DALLAS COUNTY FOR A PERIOD OF THREE YEARS.

B.6 ADOPTED RESOLUTION NO. 2005-077 APPROVING A PARTIAL RELEASE OF COVENANTS TO A DEVELOPER'S CONTRACT RELATIVE TO THE PARKSIDE ADDITION.

B.7 APPROVED THE REQUEST BY GSO ARCHITECTS FOR AMENDING AN EXISTING CONCEPT PLAN FOR 10.93 ACRES AND SITE PLAN FOR A 43,200 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON 2.77 ACRES LOCATED AT 1861 VALLEY VIEW LANE, INCLUDING VARIANCES TO PARKING AND SIGNAGE REQUIREMENTS, WITHIN PLANNED DEVELOPMENT NUMBER 77; ADOPT RESOLUTION NO. 2005-079,

C.1 CITIZEN PARTICIPATION.

There was no citizen participation.

C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF LANDON COMMERCE CENTER, BEING A REPLAT OF LOTS 1 AND 3 OF VALLEY VIEW BUSINESS CENTER AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. Landon Commerce Center is 10.926 acres located at 1861 Valley View Lane. The property is being replatted to create four lots out of the three lots that presently exist at this location. The newly created Lot 4 will be developed with an office-warehouse. The replat dedicates the necessary fire lanes, access, and public utility easements for the office-warehouse. Lot 3 has an existing building on it. The remaining lots are undeveloped.

The Texas Local Government Code requires that a public hearing be conducted for replats that do not vacate a preceding plat to allow interested parties an opportunity to be heard.

The plat is consistent with the revised concept plan and site plan proposed in a separate agenda item, the Texas Local Government Code, and City requirements for a replat.

Mayor Phelps opened the public hearing.

A motion by Councilman O’Hare, seconded by Deputy City Manager Robinson, all voting “aye,” closed the public hearing.

There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman O’Hare, all voting “aye,” approved the Landon Commerce Center addition.

C.3 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 2800 TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF APPROXIMATELY 143.7 ACRES OF PROPERTY FROM PLANNED DEVELOPMENT 70 TO PLANNED DEVELOPMENT 86: FORM-BASED CODE - STATION AREA, FOR THE AREA GENERALLY BOUNDED ON THE NORTH BY HAVENHURST STREET, ON THE EAST BY THE PEPPER HILL ADDITION AND RAWHIDE CREEK, ON THE SOUTH BY A PORTION OF FARMERS BRANCH LANE, AND ON THE WEST BY INTERSTATE 35E AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. On January 10, 2005, the City Council held a public hearing to receive input on the proposed form-based code. Action on this item was postponed to allow staff to explore alternative height requirements and parking configurations, and to prepare a final copy of the code for adoption.

The key changes to the Code since the last hearing are the inclusion of provisions that allow one-story retail south of Valley View Lane and west of Denton Drive and reduced height for residential buildings south of Buttonwood as short-term inducements for redevelopment on parcels. These interim regulations are intended to remain in effect for a limited period of time preceding the arrival of light rail transit service to Farmers Branch and shall expire January 1, 2008.

The proposed form-based code to be established with the adoption of Ordinance No. 2800 will replace the existing zoning as a land development regulatory tool. The form-based code fundamentally differs from the existing zoning by shifting the primary focus from controlling use to controlling the physical form of the built environment.

The proposed form-based code provides graphic prescriptions for how a building is to be placed on a site, its height, and the arrangement of the building’s key elements, such as windows and doors. This approach influences the character of the public street space that is created as development occurs with the goal of producing a specific type of place. Land-use is still controlled but in a manner that can better respond to market economics, while also prohibiting undesirable uses.

As permitted under existing zoning, existing single-family residences will continue to exist as legal uses. Existing uses and structures that are not in compliance with the proposed code can continue to operate as non-conforming uses and structures, also as present zoning allows.

Mayor Phelps opened the public hearing.

Planning Director Kaizer Rangwala gave a brief presentation summarizing the Station Area vision and highlighting the main components of the proposed form-based code.

John Wells, 13521 Heartside Place, stated he is in favor of the form-based code but has a concern regarding the narrowing of Valley View Lane.

Mayor Phelps stated there would be lanes for parking on both sides of the street.

John Oechsner, 3509 Brookline Drive, stated he owns property in the station area and reviewed the past history of the property. He spoke in opposition to the zoning.

A motion by Councilman O’Hare, seconded by Councilman Moses, all voting “aye,” closed the public hearing.

City Manager Linda Groomer asked Mr. Rangwala to address the question regarding the narrowing of Valley View Lane.

Mr. Rangwala stated that for 1100 feet of Valley View Lane the outer lanes would be converted into on-street parking and the building edges would define the street. This section of Valley View Lane has excess capacity and the number of lanes can be reduced without affecting its carrying capacity. In addition, the Station Area Plan and code promotes use of transit – rail and bus, “ park once” concept of parking, and mixed-use in a pedestrian friendly setting that encourages walking that would result in fewer trips on the streets.

Traffic Engineer Dave Davis compared the narrowing of Valley View Lane to the four lanes section of Marsh Lane. He stated Valley View Lane will be able to accommodate the traffic in the station area much as the four-lane section of Marsh Lane accommodates a very high traffic volume. Additionally, Mr. Davis commented that since the actual width of Valley View Lane will not change, if traffic becomes congested the City could take out the parking lanes.

There being no further discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman O’Hare, all voting “aye,” adopted the following captioned Ordinance No. 2800.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF APPROXIMATELY 143.7 ACRES OF PROPERTY GENERALLY BOUNDED ON THE NORTH BY HAVENHURST, ON THE EAST BY PEPPER HILL ADDITION AND RAWHIDE CREEK, ON THE SOUTH BY A PORTION OF FARMERS BRANCH LANE, AND ON THE WEST BY I.H.35E, FROM PLANNED DEVELOPMENT NO. 70 (PD-70) TO PLANNED DEVELOPMENT NO. 86 (PD-86) FORM-BASED CODE - STATION AREA; ESTABLISHING USE AND REVISED DEVELOPMENT STANDARDS FOR PD-86; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE.

D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-082 AUTHORIZING THE MAYOR TO SIGN A PROJECT IMPLEMENTATION PLAN FOR FUNDS AWARDED FROM THE METROPOLITAN URBAN AREA SECURITY INITIATIVE GRANT, AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. As a participant in the Metrocrest Fire Chief’s shared rescue program, the Farmers Branch Fire Department provides a mass casualty response service to the Dallas County area. Other area fire departments are providing hazardous materials teams, trench rescue teams, swift water teams and dive rescue teams. Farmers Branch is one of two cities in Dallas County providing Mass Casualty Response services, and these resources provide treatment for up to 100 patients. The primary response vehicle for this program carries the additional supplies for Weapons of Mass Destruction responses, and the vehicle is nearing its replacement time.

In January 2005, the Fire Department submitted a grant request for a Mass Casualty Incident rescue vehicle through the Fiscal Year 2005 Urban Area Security Initiative program. On April 29, 2005, the City received official notification that the grant had been approved for $256,500. Subsequent to the Council’s approval of the Midyear Budget, on May 24, 2005 the City received instructions for accepting the grant. The Project Implementation Plan requires that the City’s commitment to purchase the vehicle must be submitted by June 30, 2005.

In order to achieve maximum efficiency of use, operation, and storage, the proposed replacement vehicle should have the capacity to carry all the equipment carried on the current response vehicle along with the new Weapons of Mass Destruction equipment. The price estimate for the new vehicle is $442,000, which exceeds the grant amount by $185,500. The proposed City budget for fiscal year 2005-06 has been prepared including funding from both the Grant Fund and the Fire Operations fixed assets budget totaling $442,000. The purchase of this vehicle will require Council approval of funding in the 2005-06 budget as well as approval of the actual purchase bid. The actual purchase of the vehicle and the associated expenditure will not be made until after the beginning of fiscal year 2005-06.

Mayor Pro Tem Bird asked City Manager Linda Groomer if staff is in favor of the purchase of this vehicle considering the extra $185,000 expense. Ms. Groomer replied staff is in favor of the purchase of this vehicle. The grant money allows the City to purchase the vehicle ahead of schedule. She also stated there have been problems with the existing vehicle.

Mayor Phelps asked what would happen to the old vehicle. Ms. Groomer replied it would be auctioned and the monies applied to the new vehicle as well. Mayor Phelps asked what the value of the vehicle would be. Director of Equipment Services Don Moore replied the vehicle could bring as much as $30,000.

Ms. Groomer reported that the City is doing the auctions on-line and has received a very good response.

There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2005-082 authorizing the Mayor to sign a Project Implementation Plan for funds awarded from the Metropolitan Urban Area Security Initiative Grant, subject to budget appropriation by Council in the 2005-06 budget.

D.2 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE COMMUNITY WATCH COMMITTEE AND THE LIBRARY BOARD, AND TAKE APPROPRIATE ACTION.

A motion by Councilman Moses, seconded by Mayor Pro Tem Bird, all voting “aye,” reappointed Reggie Mayo, Terry Thompson, Paige Pace, Jim Smith and Lydia Padilla to the School-Community Relations Committee.

A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman O’Hare, all voting “aye,” reappointed Carolyn Vanderhoof to the Library Board.

D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

Councilwoman Smith reported on the Metrocrest Hospital Authority meeting she attended in Austin. On June 7^th she attended the Block Party on Selma organized by Tommy Counts.

D.4 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Deputy Mayor Pro Tem Robinson reported on the Sister City program and stated there is still a need for host families. Deputy Mayor Pro Tem Robinson extended an invitation to citizens who might be interested in hosting guests from the Sister Cities this fall. Sister Cities include the District of Bassetlaw, England, and Garbsen, Germany, and the friendship City of Schönebeck, Germany, whose representatives will be visiting Farmers Branch from September 7–17 to celebrate the anniversaries of the relationships with each of them. Persons interested should contact Traci Leach at 972-919-2584.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:50 P.M. AND THEN CONCLUDED AT 6:30 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.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086.

Discuss and deliberate economic development incentives for businesses the city is conducting economic development negotiations with.

Mayor Phelps explained that Staff was present to discuss this item with Council.

E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071.

Discuss potential litigation with Evergreen National Indemnity Company regarding a Takeover Agreement for the replacement of the existing sanitary sewer lift station at Valwood Parkway and IH35E with a gravity flow sanitary sewer.

Mayor Phelps explained that Staff was present to discuss this item with the City Council.

E.3 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072.

Discuss Farmers Branch Keenan Cemetery.

Discuss lease of property located at 2700 Christian Parkway.

Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; deliberate economic development services agreement.

Mayor Phelps stated that Staff was present to discuss these items with the City Council.

F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.

Mayor Phelps called for necessary action on items discussed in Executive Session.

A motion by Mayor Pro Tem Bird, a second by Councilman O’Hare, all voting “aye”, adopted Resolution No. 2005-081.

Mayor Phelps explained that Staff updated City Council on all other items in Executive Session and no action was necessary.

F.2 ADJOURNMENT.

A motion by Deputy Mayor Pro Tem Robinson, a second by Councilman O’Hare, all voting “aye,” adjourned the City Council meeting of June 13, 2005 at 8:50 p.m.

___________________________ ___________________________

Bob Phelps, Mayor Cindee Peters, City Secretary