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2011-06-07 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, June 7, 2011 Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Council members William P. Glancy David Koch Michelle Holmes Tim Scott Harold Froelich Ben Robinson The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney Director of Community Services Director of Communications Director of Public Works Human Resources Director Fire Chief Director of Equipment Services Director of Parks & Recreation Gary D. Greer Sharma Sims-Bradish Matt Benoit Cindee Peters Pete Smith Michael Spicer Tom Bryson Mark Pavageaux Kathy Shields Steve Parker Kevin Muenchow Jeff Fuller B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Scott gave the invocation and Deputy Mayor Pro Tern Holmes led the pledge of allegiance. B.2 CONSIDER ACCEPTING A DONATION TO THE PARKS AND RECREATION DEPARTMENT FROM MARY BIBER AND TAKE APPROPRIATE ACTION. Mr. Buford Watson, President of the Farmers Branch Dance Club as well as other members of the dance club presented the donation to the City Council. Mr. Watson explained that Ms. Mary Biber would like to donate $1,854.56 to the Parks and Recreation Department to purchase a video display board for the Senior Center. A motion by Councilwoman Holmes, a second by Councilman Robinson, all voting "aye", accepted the donation to the Parks and Recreation Department. B.3 PRESENTATION TO CITY COUNCIL OF AWARD RECEIVED BY THE PARKS AND RECREATION DEPARTMENT AT THE RECENT DALLAS REGIONAL CHAMBER CONFERENCE. Margaret Young, Chair of the Parks and Recreation Board presented an award to the City Council that was recently received by the Parks and Recreation Department. The award won by the City of Farmers Branch from among 35 companies/cities involved was the "Rookie of Year" award. Ms. Young presented the award to Jason Peebles, Community Recreation Center Programmer and 100 Day Challenge Coordinator, by the National Director of Live Healthy America. B.4 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Glancy explained there were no appointments to be made tonight. B.5 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief update of items discussed in Study Session. B.6 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION 551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS, CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY. Mayor Pro Tem Koch gave a brief report on the latest decision regarding the Hazelton immigration lawsuit. Mayor Glancy 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 Koch, a second by Councilwoman Holmes, all voting "aye", approved the Consent Agenda. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING MAY 17, 2011 CITY COUNCIL MEETING AND MAY 25, 2011 SPECIAL CITY COUNCIL MEETING. C.2 ADOPTED ORDINANCE NO. 3135 APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR") REGARDING ONCOR'S APPLICATION TO INCREASE ELECTRIC RATES. ORDINANCE NO. 3135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND ONCOR ELECTRIC DELIVERY COMPANY, LLC, ("ONCOR") REGARDING ONCOR'S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING ONCOR TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR'S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C.3 ADOPTED ORDINANCE NO. 3124 ABANDONING A PORTION OF DENTON DRIVE AND REQUEST FINAL PLAT APPROVAL OF SUBURBIA HILL ADDITION, LOT 1 AND 2, BLOCK 1. ORDINANCE NO. 3124 AN ORDINANCE OF THE CITY OF FARMERS, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN A PORTION OF DENTON DRIVE PREVIOUSLY DEDICATED TO THE CITY BY THE FINAL PLAT OF SURBURBIA ADDITION NO. 1, AN ADDITION TO THE CITY OF FARMERS BRANCH, AND BEING MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO; 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; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE SAID ABANDONMENT; AND PROVIDING FOR AN EFFECTIVE DATE. C.4 ADOPTED RESOLUTION NO. 2011-038 APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS, INC. IN THE AMOUNT OF $68,869 RELATIVE TO DART TRAIL FROM FARMERS BRANCH STATION TO SQUIRE PLACE. C.5 ADOPTED REQUEST FOR FINAL PLAT APPROVAL OF FARMERS BRANCH - CHASE, LOTS 1, 2 AND 3, BLOCK 1. C.6 ADOPTED REQUEST FOR FINAL PLAT APPROVAL OF MAXIM ADDITION, LOTS 1, 2, 3, & 4, BLOCK A. C.7 ADOPTED RESOLUTION NO. 2011-037 AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING TWO SMALL TRIANGULAR TRACTS TO STANLEY BLACK & DECKER, INC. C.8 ADOPTED RESOLUTION NO. 2011-039 AWARDING THE PARKS AND RECREATION DEPARTMENT'S GROUNDS MAINTENANCE CONTRACT TO METRO LANDSCAPE MAINTENANCE, INC. D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3143 FOR A SPECIFIC USE PERMIT-INTERIM USE TO ALLOW LIMITED OUTDOOR DISPLAY OF USED MOTOR VEHICLES FOR SALE FOR A PERIOD OF 5 YEARS AT 3117 GARDENBROOK DRIVE WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Planning Director, stated the subject property is located on the north side of Gardenbrook Drive, approximately 550 feet east of Webb Chapel Road. Metrocrest Sales has been selling vehicles at this location for over a year, and now is requesting permission to have limited outdoor display of their inventory (i.e., 3 display spaces). No expansion of the building, additional signage or other improvements are proposed with this request. The Planning & Zoning Commission voted unanimously to recommend approval of this Specific Use Permit-Interim Use and associated Site Plan for outdoor display of no more than three (3) motor vehicles for a period of 5 years. Mr. Bill Moses, the applicant, explained all the improvements he has made to the property and was present to answer any questions the Council may have. A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 3143 for a Specific Use Permit-Interim Use and associated Site Plan for outdoor display of vehicles for a period of 5 years. ORDINANCE NO. 3143 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT-INTERIM USE FOR OUTDOOR DISPLAY OF MOTOR VEHICLES IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT IN A PORTION OF THE BUILDING LOCATED ON AN APPROXIMATELY 0.8947 ACRE TRACT OF LAND, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, BEING KNOWN AS 3117 GARDEN BROOK DRIVE, FARMERS BRANCH, TEXAS; PROVIDING FOR APPROVAL OF A SITE PLAN; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3144 FOR A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION IN A QUALIFIED RESTAURANT LOCATED AT 4895 LBJ FREEWAY AND TAKE APPROPRIATE ACTION. La Paloma Taco is a new restaurant that has moved into an existing building located on a small infill lot northeast of the Galleria Place and LBJ Freeway intersection. Due to its unique lot configuration and location, the applicants are requesting permission to expand their menu to include alcohol sales. No expansion to the building or signage is included with this request. No other improvements to the building or site are proposed or required. The Planning & Zoning Commission voted unanimously to recommend approval of this Specific Use Permit and associated Site Plan. There followed a short discussion concerning the SUP in regards to issuing the SUP to the owner or attached the SUP to the property and how to remove an SUP once it has been issued. A motion by Councilman Froehlich, a second by Councilman Scott, all voting "aye" closed the public hearing. A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye", approved the following captioned Ordinance No. 3144 for a Specific Use Permit and associated Site Plan allowing the sale of alcoholic beverages within a qualified restaurant. ORDINANCE NO. 3144 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT LOCATED ON LOT 2, BLOCK A, WARKO ADDITION (COMMONLY KNOWN AS 4895 LBJ FREEWAY) AND WITHIN THE PLANNED DEVELOPMENT NUMBER 39 (PD-39) ZONING DISTRICT; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "A"; PROVIDING FOR ADDITIONAL SPECIAL CONDITIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. E.1 CONSIDER RESOLUTION NO. 2011-044 AUTHORIZING EXECUTION OF PURCHASE AND SALE AGREEMENT, ECONOMIC DEVELOPMENT AGREEMENT, AND TIF ZONE NO. 2 INFRASTRUCTURE REIMBURSEMENT AGREEMENT WITH WESTERN SECURITIES (USA) LIMITED REGARDING THE SALE AND DEVELOPMENT OF REAL PROPERTY LOCATED IN TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO (OLD FARMERS BRANCH) ADJACENT TO THE DART FARMERS BRANCH STATION AREA AND TAKE APPROPRIATE ACTION. John Land, Director of Economic Development, explained for the last several years the City has attempted to attract a mixed use development in the Farmers Branch Station area. Most recently this property was under contract by McDougal Development with an anticipated construction commencement date of January 2010. However, due to a number of constraints, including a restricted lending environment, McDougal Development was not able to secure project funding and ultimately the contract was terminated. Mr. Land also stated on February 1, 2011 two development companies made presentations to Council in Executive Session and as a result staff was directed to negotiate contract terms with Western Securities. As this is a complicated transaction involving multiple parties and varying funding mechanisms, it has taken several weeks for all parties to be satisfied with the terms. Now that these issues have been resolved, we are at a point where we are confident that we will begin the first of many exciting projects in the Farmers Branch Station Area. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", approved Resolution No. 2011-044. G.1 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Froehl' all voting "aye", adjourned the meeting of June 7, 2011 at 7:15 .m. CP.Glancy, May Cindee Peters, City Secretary 1