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2007-11-06 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 6, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Tim O'Hare Deputy Mayor Pro Tern Ben Robinson Councilmembers Jim Smith David Koch Tim Scott The following members of the Administration were present: 1 City Manager Assistant City Manager City Secretary Director of Economic Development City Attorney City Engineer Director of Community Services Director of Public Works Director of Parks and Recreation Library Director Director of Communications Police Chief Fire Chief Gary D. Greer Greg Vick Cindee Peters Norma Nichols Reed Michael Kallas Jerry Murawski Michael Spicer Mark Pavageaux Jeff Fuller Danita Barber Tom Bryson Sid Fuller Kyle King Mayor Phelps called the City Council meeting of November 6, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern O'Hare gave the invocation and Weeblos 679 posted the flag and led the pledge of allegiance. r A.2 CONSIDER ACCEPTING A DONATION OF AN ENGRAVED MEMORIAL VALUED AT $3,000 FOR FALLEN POLICE OFFICER LOWELL C. TRIBBLE; FROM THE NORTH DALLAS FUNERAL HOME, AND TAKE APPROPRIATE ACTION. Volume 100, page 56 Mayor Phelps stated Officer Lowell C. Tribble of the Farmers Branch Police Department was killed in the line of duty on August 27, 1983. Officer Tribble was shot to death while on patrol protecting the citizens of Farmers Branch. John Brooks, owner of the North Dallas Funeral Home, presented a graphically designed rendition of the finished monument. An unveiling ceremony will be held upon final completion and installation of the monument. A motion by Mayor Pro Tern O'Hare, seconded by Councilman Smith all voting "aye," accepted the donation of an engraved monument from the North Dallas Funeral Home. A.3 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. Mayor Phelps presented the following information. One of the Goals of the City Council is to improve the appearance of The City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The awards for November's Yards of the Month were Debbie and Carl King of 13562 Braemar, Emma Featherson of 13625 Pyramid, Nancy Dixon of 2857 Selma and Gail Cope of 3140 Brookhollow. A.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated there are four vacancies on the Senior Advisory Board, two vacancies on the Community Watch Committee, one vacancy on the Tax Increment Finance Reinvestment Zone No. One and Two, one vacancy on the Farmers Branch Local Government Corporation Board. Mayor Phelps also stated the following members of the Zoning Board of Adjustment and Building Code Board of Appeals have terms that expire on December 1, 2007: Bruce DeGrasse, Robert Schies, Phil Sizer, and Chris Smith, the following member of the Metrocrest Hospital Authority has a term that will expire on December 1, 2007: Dr. Mark Spiegel, and the following members of the Valwood Improvement Authority have a term that will expire on December 31, 2007: Michael Fitzpatrick and Buddy Rees. Mayor Phelps stated the appointments to the Zoning Board of Adjustment, Metrocrest Hospital Authority and Valwood Improvement Authority would be brought back at the next meeting. Volume 100, page 57 A motion by Mayor Pro Tem. O'Hare, a second by Councilman Robinson, all voting "aye", appointed Mike Hawkins and Jennifer Maddux to the Community Watch Committee. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye", appointed Karl Mohler to the Senior Advisory Board. A.5 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave an overview of the items discussed in the 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 consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem. O'Hare, a second by Councilman Robinson, all voting "aye," approved the consent agenda as submitted. B.l APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 16, 2007. B.2 ADOPTED RESOLUTION NO. 2007-139 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $1,078.23 AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,629.40 UNDER THE NEW HOME BUYER INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 3426 LAKE COUNTRY COURT. B.3 ADOPTED ORDINANCE NO. 2945 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, AUTHORIZING INSTALLATION OF STOP SIGNS ON NORTHEAST BOUND AND SOUTHWEST BOUND CRESTPARK DRIVE AT WILDDALE DRIVE; REMOVING STOP SIGNS ON NORTHWEST BOUND AND SOUTHEAST BOUND APPROACHES OF WILDDALE DRIVE AT CRESTPARK DRIVE; DESIGNATING A SCHOOL SPEED ZONE ALONG HOLLANDALE LANE; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 2945 Volume 100, page 58 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82-73, REMOVING SPECIFIC STOP SIGNS ON NORTHWEST BOUND AND SOUTHEAST BOUND APPROACHES OF WILDDALE DRIVE AT CRESTPARK DRIVE; SPECIFYING THE PLACEMENT OF STOP SIGNS ON NORTHEAST BOUND AND SOUTHWEST BOUND APPROACHES OF CRESTPARK DRIVE AT WILDDALE DRIVE; AND DIVISION 7, SCHOOL ZONES, SECTION 82-121 AND 82-122, DESIGNATING A SCHOOL ZONE AND SPEED LIMIT IN SCHOOL ZONES ALONG HOLLANDALE LANE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. B.4 ADOPTED RESOLUTION NO. 2007-142 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH FUGRO CONSULTANTS LP IN THE AMOUNT OF $113,079.00 FOR THE PAVEMENT EVALUATION ASSOCIATED WITH THE REHABILITATION PROJECT OF MIDWAY ROAD AND WEBB CHAPEL ROAD. B.5 ACCEPTED A DONATION FROM GLAZERS, INC. IN THE AMOUNT OF $1,000 FOR THE 2007 CHRISTMAS TOUR OF LIGHTS PROGRAM. B.6 ADOPTED RESOLUTION NO. 2007-140 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS DISPLAYS FOR EVENTS IN THE 2007-08 BUDGET YEAR IN THE AMOUNT OF $37,000. C.1 PUBLIC HEARING: CONSIDER ADOPTING RESOLUTION NO. 2007-145 APPROVING THE FINAL PLAT OF FELDER ADDITION, BEING A REPLAT OF A PORTION OF BLOCK 1, BROOKHAVEN BUSINESS PARK PHASE 1 AND ACCEPTING A FIRE LANE EASEMENT ON AN ADJACENT PROPERTY LOCATED AT 3350 BELT LINE RD. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed final plat of Felder Addition is a 1.0846-acre site consisting of an empty building and vacant land located at Belt Line Road and John Connally Drive. The property owner, Neil Felder, is replatting a portion of Block 1, Brookhaven Business Park Phase 1, to subdivide the property and dedicate a fire lane to serve the development Volume 100, page 59 proposed for the property. The proposed development will consist of a partial demolition and improvements to an existing building and a new facility for NAPA Auto Parts. The plat dedicates a 24-foot fire lane that terminates at the west property line. The final plat of Felder Addition is consistent with the Texas Local Government Code and with City requirements. The separate instrument document for the fire lane easement meets the requirements of the City. 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 and City administration recommend approving the final plat of Felder Addition and accepting the separate instrument document dedicating the fire lane easement. Mayor Phelps opened the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. A motion by Councilman Robinson, seconded by Mayor Pro Tem O'Hare, all voting "aye," adopted Resolution No. 2007-145 approving the final plat of Felder Addition, being a replat of a portion of block 1, Brookhaven Business Park phase 1 and accepting a fire lane easement on an adjacent property located at 3350 Belt Line Road. C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY PROVIDENT REALTY ADVISORS, INC. FOR THE REZONING OF APPROXIMATELY 28.81 ACRES LOCATED NORTH OF IH 635, WEST OF WEBB CHAPEL ROAD, PREDOMINANTLY SOUTH OF MAYBROOK DRIVE, AND EAST OF JOSEY LANE FROM PLANNED DEVELOPMENT NUMBER 14 (PD-14) AND PLANNED DEVELOPMENT NUMBER 47 (PD-47) TO PLANNED DEVELOPMENT DISTRICT NUMBER 91 (PD-91) ESTABLISHING NEW PERMITTED LAND USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is proposing to redevelop this 28.81 acre tract into a mixed-use shopping district containing both retail and office uses. Currently the tract contains six, two story office buildings and is located within both Planned Development District Number 14 (PD-14) and Planned Development district Number 47 (PD-47). PD-14 allows both office use and low-density multi-family (two-story) development, subject to the development standards prescribed in the Comprehensive Zoning Ordinance as Multi-Family 2 (MF-2). PD-47 only allows office uses and limits the height of Volume 100, page 60 the office building to four stories. At present the approximate 3.5 acres of land within PD-47 is vacant, and all existing office development is located within PD- 14. The proposed Planned Development district, PD-91 would allow only retail and office uses, eliminating the opportunity for future Multi-Family development within this area. Within this new PD specific development standards pertaining to all future redevelopment have been identified. Those standards include building setback lines, building height restrictions, lot coverage maximums, exterior fagade materials requirements, masonry screening walls along Maybrook, landscaping requirements, open space requirements, and sign controls. A Concept Plan (Exhibit D) showing where future buildings may be located and how these new development standards could be incorporated within the tract is included in this ordinance. The proposed zoning change is generally consistent with the Comprehensive Plan. The Planning and Zoning Commission and the City administration recommends approval of proposed Planned Development 91 (PD-91), as defined in Ordinance 2926 including the Concept Plan (Attachment 3-Exhibit D). Mayor Phelps opened the public hearing. Kim Wise, the applicant, gave a presentation on the proposed development. Mr. Lars Gronhagen, 3018 Abbey, made a presentation for the HOA on the concerns they have with the proposed development. Ms. Betsy Miller, 3022 Abbey, stated her home backs up to this development and asked the Council to look very carefully at this proposal. There followed a discussion concerning uses allowed such as car washes, dollar stores, kiosks, governmental entities, new car sales and coin operated laundry operations. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", closed the public hearing. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", instructed staff to prepare the appropriate ordinance and bring back to City Council for consideration. D.l CITIZEN REQUESTED AGENDA ITEM: MR. FRANK SHOR OF 2517 DANNY LANE WOULD LIKE TO DISCUSS WITH CITY COUNCIL THE DISPLAY AND/OR REMOVAL FROM DISPLAY OF FIRST AMENDMENT Volume 100, page 61 MATERIALS FROM AND WITHIN PUBLIC BUILDINGS IN FARMERS BRANCH. Mayor Phelps announced this item has been withdrawn. D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-150 APPROVING A LOCATION FOR THE NEW ANIMAL SHELTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff evaluated nine different City-owned properties as prospective locations to accommodate a new animal shelter. Initially, it should be recognized that contemporary "state of the art" animal shelters are substantially more neighborhood-friendly than their former counterparts. A highly visible, centralized location could accomplish multiple objectives including: minimizing response times to the entire community; providing greater convenience to citizens; and increasing shelter awareness, patronage and adoption rates. Keeping this in mind, city staff identified and ranked the following sites as the most desirable locations: 1. Lots located at 13352, 13402 and 13408 Dennis Lane, near Vivian Field Middle School. 2. The southwest corner of Valwood Parkway & Dennis Lane 3. Vacant parcel east of the Justice Center on the north side of Valley View Lane At its October 16, 2007 Study Session, City Council met with the Animal Shelter Advisory Committee to discuss prospective locations for the new animal shelter. The Animal Shelter Advisory Committee then met on October 23, 2007 to review the nine sites staff had evaluated in order to formulate a recommendation for City Council's formal consideration. The Animal Shelter Advisory Committee concurred with staff's determination that the best location for a new animal shelter would be the Dennis Lane properties near Vivian Field Middle School. The Committee's second-ranked location is the vacant parcel east of Justice Center on the north side of Valley View Lane. No other sites were recommended for consideration. The Animal Shelter Advisory Committee and City administration recommends adoption of Resolution No. 2007-150 approving 13352, 13402 and 13408 Dennis Lane as the location for the new animal shelter. LJ Ms. Judy Hacker explained she would like to see the City Council make a decision tonight on the location of the future animal shelter. Mr. Tom Bohmier stated he liked the Justice Center location. Volume 100, page 62 A motion by Councilman Scott, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-150 approving the Justice Center location as the location for the new animal shelter. D.3 CONSIDER ADOPTING RESOLUTION NO. 2007-144 APPROVING STREETS FOR INCLUSION IN THE 2007-2008 STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An important element of the City's commitment to maintain its streets is the Street Resurfacing Program. The Non-bond Capital Improvement Program has $1,600,000 budgeted for the 2007- 08 Street Resurfacing Program. The following streets have been recommended for asphalt resurfacing this year: STREETS: LIMITS: Valwood Parkway West end to IH35E service road Villa Creek Drive Ford Road to Josey Lane Marsh Lane Northbound Valley View Lane to Brookhaven Club Drive Marsh Lane Southbound Valley View Lane to Brookhaven Club Drive Maybrook Drive Webb Chapel Road to Josey Lane Golfing Green Circle Golfing Green Drive to east end Old North Road Dennis Lane to Heartside Drive Mount View Drive Epps Field Road to Tom Field Road Birchlawn Drive Richland Avenue to Josey Lane Pyramid Drive Josey Lane to Amber Drive Bay Meadow Circle Josey Lane to north end Bay Meadow Court Bay Meadow Circle to south end Reedcroft Drive Josey Lane to west end City administration recommends the adoption of Resolution No. 2007-144 approving streets for inclusion in the 2007-2008 Street Resurfacing Program and initiating the notification of property owners. A motion by Councilman Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-144 approving streets for inclusion in the 2007-2008 Street Resurfacing Program and initiating the notification of property owners. DA CONSIDER ADOPTING RESOLUTION NO. 2007-138 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO ACCEPT A $10,000 GRANT TO PAY FOR THE STERILIZATION OF PETS OF LOW INCOME FAMILIES, AND TAKE APPROPRIATE ACTION. Volume 100, page 63 Mayor Phelps presented the following information. The City of Farmers Branch has been awarded a $10,000 grant from the Texas Department of State Health Services (DSHS) to provide sterilization services to low income Texas residents. The grant will reimburse the City for costs incurred while providing sterilization services to existing pet owners that are willing to have their animal sterilized. The services will be performed by two low-cost veterinary clinics: Animal Clinic of Farmers Branch and Brookhaven Pet Hospital. City Administration recommends adopting Resolution No. 2007-138 authorizing the City Manager to approve the contract with DSHS and accept the $10,000 grant. A motion by Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," approved Resolution No. 2007-138 authorizing the City Manager to approve the contract with DSHS and accept the $10,000 grant. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or committee reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:10 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 6:15 P.M. AFTER THE REGULAR STUDY SESSION MEETING AT 4:00 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 stated staff updated City 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 Volume 100, page 64 Alfredo Vasquez, et. al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Mayor Phelps stated staff updated City Council on this item. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated no action was necessary on items discussed in Executive Session. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye," adjourned the City Council meeting of November 6, 2007 at 8:00 p.m. s t Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 65