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2007-04-02 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 2, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Ben Robinson Deputy Mayor Pro Tem Tim O'Hare Councilmembers Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney City Engineer Director of Economic Development Assistant to the City Manager Finance Director Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Recording Secretary Gary Greer Mary Jane Stevenson Greg Vick Cindee Peters John Boyle Jerry Murawski Norma Nichols Reed John Roach Charles Cox Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Michael Spicer Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of April 2, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps gave the invocation and pledge of allegiance. Volume 99, page 48 A.2 PRESENTATION OF SERVICE AWARD- LT. JEFF ASHABRANNER - POLICE DEPARTMENT-20 YEARS. Mayor Phelps presented a 20-year employee service award to Lieutenant Jeffrey Ashabranner with the Farmers Branch Police Department. A.3 ACCEPT DONATION OF $10,000 TO THE FARMERS BRANCH ANIMAL SHELTER FOR THE SPAY AND NEUTER OF DOGS AND CATS. Mayor Phelps presented the following information. A very generous donor, who wishes to remain anonymous, has presented the City with a check for $10,000 to be used exclusively to fund a spay and neuter program for dogs and cats kept at the shelter. With the acceptance of this donation, the City will be able to provide the service of sterilizing dogs and cats prior to their adoption or release to new and current pet owners. A licensed veterinarian would perform the operations. Such a program will greatly aid in the control of the City's pet population. A motion by Deputy Mayor Pro Tem. O'Hare, seconded by Councilman Smith, all voting "aye," accepted the anonymous donation of $10,000 to the Farmers Branch Animal Shelter for the spay and neuter of dogs and cats. A.4 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, LIBRARY BOARD, COMMUNITY WATCH COMMITTEE, TAX INCREMENT FINANCING REINVESTMENT ZONE NO. ONE AND TWO, AND THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION. There were no applications presented. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," appointed City Manager Gary D. Greer to the Tax Increment Financing Reinvestment Zone No. One and Two. A motion by Mayor Pro Tem. Robinson, seconded by Deputy Mayor Pro Tem. O'Hare, all voting "aye," reappointed Mark Saiter, Charles Beck, Johnathon Bingham and Robert Baxter to the Planning and Zoning Commission. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the 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. Volume 99, page 49 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 consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," added Agenda Item D.1 to the Consent Agenda. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," approved the amended Consent Agenda. B.1 APPROVAL OF MINUTES OF CITY COUNCIL MEETING OF MARCH 19, 2007. B.2 ADOPTED RESOLUTION NO. 2007-041 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PACKAGING CORPORATION OF AMERICA TO PROVIDE A PRIVATE SWITCH FOR BUSINESS EMERGENCY 9-1-1 SERVICES. B.3 ADOPTED ORDINANCE NO. 2911 AMENDING ORDINANCE NO. 2908 ESTABLISHING THE RULES AND REGULATIONS FOR KEENAN CEMETERY. ORDINANCE NO. 2911 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE 2908 ESTABLISHING THE RULES AND REGULATIONS FOR KEEENAN CEMETERY. D.1 ADOPTED RESOLUTION NO. 2007-046 AWARDING BIDS TO VARIOUS VENDORS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT. C.1 PUBLIC COMMENTS. Jose Galvez, 2661 Danny Lane, stated he is opposed to Ordinance No. 2903 and is disappointed with the negative publicity that the City of Farmers Branch is receiving. Jim Davis, 2548 Hearthstone Drive, stated he supports the proposed illegal immigration ordinance. He made comments regarding code enforcement and would like to see changes made in the issuance of citations. Volume 99, page 50 Berry Grubbs, 3521 Brookline, reviewed a past lawsuit with the City of Dallas and how it was settled after 17 years. He suggested the City look at options to settle the existing immigration related lawsuits. He also stated he does not want his tax dollars used to fight these lawsuits. Tim Scott, 3008 Eric Lane, stated he and his opponents are working hard to make this election a debate about the issues. Tony Salerno, 2519 Danny Lane, stated at the mid-year budget meeting he noticed a $444,000 adjustment to the legal fees. He stated if Ordinance No. 2903 passes, the legal fees would have to be increased. David Koch, 3243 Brincrest, reported on the weekly certificate of occupancy report and the lowering of the crime rate. C.2 PUBLIC HEARING: CONSIDER THE REQUEST FOR APPROVAL OF THE FINAL PLAT OF WELCH QUAD, BEING A REPLAT OF LOT 6, BLOCK 1 OF THE REVISED METROPOLITAN COMMERCIAL PARK ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Final Plat of Welch Quad is a 1.0735-acre site consisting of an office/warehouse facility and vacant land located at 13725 Welch Road, south of Sigma Road. The owners of the property, Surinder Mittal and Terry B. Kafka, have requested the replat of Lot 6, Block 1 of the Revised Metropolitan Commercial Park Addition to subdivide one lot into two lots for ownership purposes. The proposed Final Plat of Welch Quad creates Lot 1, which is 0.4989 acres of vacant land, and Lot 2, which is 0.5745 acres containing an existing office/warehouse facility. A future furniture showroom facility is proposed on Lot 1. The plat dedicates a 24-foot fire lane, access, and utility easement on Lot 1 and a 20-foot street and utility easement on both Lots 1 and 2. The Final Plat of Welch Quad is consistent with the Texas Local Government Code and with City requirements for a final plat. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. Written notifications are not required. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Welch Quad. Mayor Phelps opened the public hearing. Volume 99, page 51 A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," approved the proposed Final Plat of Welch Quad. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2910 APPROVING THE REQUEST OF CLUB SOCCER, INC. FOR A SPECIFIC USE PERMIT FOR AN OUTDOOR COMMERCIAL AMUSEMENT FACILITY, INCLUDING VARIANCES TO PAVING AND BUILDING SETBACKS, FENCING, AND PARKING REQUIREMENTS, APPROXIMATELY 18.54 ACRES LOCATED AT 1777 KEENAN BRIDGE ROAD, WITHIN PLANNED DEVELOPMENT NO. 77 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed request is for a specific use permit to allow for an outdoor commercial amusement comprised of a soccer facility with six fields, parking, lighting and fencing, as well as future clubhouse, concession, storage and restroom buildings. Club Soccer, Inc. has leased from the City of Farmers Branch the subject property that is located at the northwest corner of Keenan Bridge Road and Davis Lane. This request also seeks approval of variances to paving and building setbacks, fencing, and parking requirements. The Planned Development 77 zoning ordinance allows for variance requests to development standards to be considered as a part of the site plan approval process. These variances would allow for maximum use of the subject property for an outdoor commercial amusement facility while meeting the intent of the ordinance. The Planning and Zoning Commission unanimously recommends approval of the requested specific use permit, including the requested variances, with the following conditions: 1. If the City determines at any time that the parking area as shown on the site plan and the parking being provided on the neighboring Golden D'Or property to the west are insufficient or that the parking areas are not being utilized, Club Soccer, Inc. shall be responsible for providing sufficient parking on-site to accommodate parking demand and/or make arrangements to ensure that their patrons are using the provided parking areas, subject to review and approval by the Building Official. Should Club Soccer, Inc. not provide sufficient parking to meet the parking demands generated by the facility, then Club Soccer, Inc. shall limit their activities and operations to comply with parking available to meet their demand. Volume 99, page 52 2. Building elevation drawings, including dimensions and materials, for all buildings or structures shall be subject to review and approval by the Director of Planning, prior to issuance of building permits. 3. Any minor modifications to the site plan shall be administratively approved, unless it is determined by the Director of Planning that a revised site plan should be forwarded to Planning and Zoning Commission and City Council for review and approval. 4. The final photometric plan and electrical plan shall be subject to review and approval by the Director of Planning, prior to issuance of construction permits for electrical and lighting installation. 5. Portable toilets may be utilized until September 1, 2008 or until such time when permanent restrooms are provided, whichever occurs first. 6. The applicant shall dedicate all rights-of-way and fire lane and utility easements, prior to issuance of a Certificate of Occupancy or use of playing fields. Mayor Phelps opened the public meeting. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye,' closed the public hearing. Councilman Bird asked if the applicant was in agreement with the conditions recommended by the Planning and Zoning Commission. Director of Planning Andy Gilles replied that the applicant was in agreement with the conditions. There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2910 approving the specific use permit, including the requested variances, with the conditions recommended by the Planning and Zoning Commission. ORDINANCE NO. 2910 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR AN OUTDOOR COMMERCIAL AMUSEMENT FACILITY, INCLUDING VARIANCES TO PAVING AND BUILDING SETBACKS, FENCING, AND PARKING REQUIREMENTS, LOCATED ON APPROXIMATELY 18.54 ACRES LOCATED AT 1777 KEENAN BRIDGE ROAD, GENERALLY LOCATED AT THE NORTHWEST CORNER OF KEENAN BRIDGE ROAD AND DAVIS LANE, WITHIN Volume 99, page 53 THE PLANNED DEVELOPMENT NUMBER NO. 77 (PD-77) ZONING DISTRICT; PROVIDING FOR 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. D.1 CONSENT D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. Mayor Phelps stated he and City Manager Gary Greer traveled to Austin on March 27th to testify on legislative issues. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:00 P.M. AND CONCLUDED AT 6:25 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 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps explained there was no new information to present to Council on this item. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al., v. Farmers Branch Villas at Parkside Partners, et.al., v. Farmers Branch Alfredo Vasquez, et.al., v. Farmers Branch Mayor Phelps stated the City Attorney was present to update the City Council on this item. Volume 99, page 54 F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. r F.2 Mayor Phelps explained the City Council was updated on the items in Executive Session and no action was necessary. ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Moses, all voting "aye," adjourned the City Council meeting of April 2, 2007 at 7:06 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 99, page 55