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2007-11-20 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 20, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Tim O'Hare Deputy Mayor Pro Tern Ben Robinson Councilmembers Jim Smith David Koch Tim Scott The following members of the Administration were present: City Manager Assistant City Manager City Attorney City Engineer Director of Community Services Director of Public Works Human Resources Director Library Director Police Chief Fire Chief Recording Secretary Gary D. Greer Greg Vick Michael Kallas Jerry Murawski Michael Spicer Mark Pavageaux Kathy Shields Danita Barber Sid Fuller Kyle King Suzanne Reynolds Mayor Phelps called the City Council meeting of November 20, 2007 to order at 6:31 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem O'Hare gave the invocation and Pledge of Allegiance. A.2 RECOGNITION OF FORMER CITY COUNCILMAN TUCKER LATHAM. Mr. Don Stearman was present to acknowledge Former Councilman Tucker Lathams' accomplishments when he was on the City Council from 1966 to 1967. Volume 100, page 66 A.3 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem. O'Hare, seconded by Councilman Koch, all voting "aye," reappointed Bruce DeGrasse, Robert Schies, Phil Sizer and Chris Smith to the Zoning Board of Adjustment and Building Code Board of Appeals. A motion by Deputy Mayor Pro Tem. Robinson, seconded by Councilman Koch, all voting "aye," reappointed Dr. Mark Spiegel to the Metrocrest Hospital Authority. A.4 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 Deputy Mayor Pro Tem Robinson, all voting "aye," approved the consent agenda as submitted. B.1 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF OCTOBER 30, 2007 AND THE CITY COUNCIL MEETING OF NOVEMBER 6, 2007. B.2 ADOPTED RESOLUTION NO. 2007-143 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO DURO BAG MFG. CO. B.3 ADOPTED RESOLUTION NO. 2007-147 AWARDING THE BID FOR THE ANNUAL SUPPLY OF CONCRETE TO REDI-MIX CONCRETE. B.4 ACCEPTED $9,000 DONATION FROM THE FRIENDS OF THE FARMERS BRANCH HISTORICAL PARK TO THE FARMERS BRANCH HISTORICAL PARK. B.5 ADOPTED RESOLUTION NO. 2007-154 AWARDING THE BID FOR THE ASBESTOS ABATEMENT AND BUILDING DEMOLITION AT Volume 100, page 67 12704 BEE STREET AND 12705 BEE STREET TO LINDAMOOD DEMOLITION, INC. IN THE AMOUNT OF $73,425. B.6 ADOPTED RESOLUTION NO. 2007-146 AWARDING THE BID FOR THE ANNUAL SUPPLY OF ASPHALT IN AN AMOUNT NOT TO EXCEED $60,990. B.7 ADOPTED RESOLUTION NO. 2007-148 AWARDING THE BIDS FOR THE PURCHASE OF AN ANNUAL SUPPLY OF AGGREGATE MATERIALS TO VARIOUS VENDORS IN AN AMOUNT NOT TO EXCEED $60,000. B.8 ADOPTED RESOLUTION NO. 2007-141 AWARDING THE BID FOR THE INSTALLATION OF NEW STREET SIGNS TO BRANDON INDUSTRIES, INC. IN THE AMOUNT OF $84,233. B.9 ACCEPTED $3,000 DONATION FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY TO THE FARMERS BRANCH MANSKE LIBRARY. C.I PUBLIC HEARING: CONSIDER THE REQUEST FOR APPROVAL OF THE FINAL PLAT OF LAGO VISTA EVERGREEN, BEING A REPLAT OF LOT 3, BLOCK A, LAGO VISTA WEST ADDITION AND LOT 3, BLOCK A, MIRA LAGO ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Final Plat of Lago Vista Evergreen is a 13.583-acre site consisting of vacant land located at 11701 Mira Lago Boulevard. The owners of the property have requested the replat to subdivide the property into two lots. Farmers Branch Senior Community, L.P. is proposing to build a four-story, 90-unit senior independent living facility with retail space and a parking garage on Lot 1, which is 3.0 acres in total area. Transcontinental Realty Investors, Inc. will retain Lot 2 for future development. The proposed plat dedicates fire lanes, mutual access, water, drainage, electrical, and private drainage easements to serve the development proposed for Lot 1. The proposed plat also dedicates additional right-of-way for a turn-around at the end of Mira Lago Boulevard. The site plan for the senior independent living facility was approved by City Council on May 7, 2007. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Lago Vista Evergreen. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," closed the public hearing. Volume 100, page 68 A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tem O'Hare, all voting "aye," approved the Final Plat of Lago Vista Evergreen. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2944 APPROVING THE REQUEST OF ICON PARTNERS TO AMEND THE PLANNED DEVELOPMENT NO. 81 ZONING DISTRICT RELATIVE TO COMMERCIAL SPACE REQUIREMENTS ASSOCIATED WITH RESIDENTIAL DEVELOPMENTS AND ROADWAY AND ACCESS REQUIREMENTS PRECEDENT TO ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR APPROXIMATELY 3.1 ACRES LOCATED AT 11601 LAGO VISTA WEST AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The PD-81 zoning district comprises approximately 66 acres. The requested amendment pertains to a single 3.1-acre lot within this zoning district. An urban-style apartment development of 220 units is presently under construction on the property and nearing completion. Current zoning requires that residential developments include at least twenty (20) square feet of commercial space for every dwelling unit built and that certain roadway improvements be in place prior to issuance of Certificates of Occupancy. Required roadway improvements include a one-way, public street access to a proposed frontage road along the south side of I-635, west of Luna Road, and an emergency-only access drive connected to the same frontage road. The proposed zoning amendment would delete the commercial space requirement, delete the emergency access requirement, and allow occupancy of the building prior to the completion of the future frontage road, provided funding for the frontage road has been secured. The Planning and Zoning Commission unanimously recommends approval of proposed Ordinance No. 2944 amending the PD-81 zoning district as requested. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tem O'Hare, seconded by Councilman Scott, all voting "aye," closed the public hearing. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tem O'Hare, all voting "aye," adopted the following captioned Ordinance No. 2944. ORDINANCE NUMBER 2944 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING ARTICLE 3 AND ARTICLE 10 OF Volume 100, page 69 ORDINANCE NO. 2578, WHICH ESTABLISHED THE PLANNED DEVELOPMENT NO. 81 ZONING DISTRICT, RELATIVE TO COMMERCIAL SPACE REQUIREMENTS ASSOCIATED WITH RESIDENTIAL DEVELOPMENT AND ROADWAY AND ACCESS REQUIREMENTS PRECEDENT TO ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR APPROXIMATELY 3.108 ACRES KNOWN AS LAGO VISTA WEST LOT 2 ADDITION, LOT 1, BLOCK A AND LOCATED AT 11601 LAGO VISTA WEST BOULEVARD; 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. C.3 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NO. 2940 APPROVING THE REQUEST OF RED BARN HOLDINGS, L.P TO CHANGE THE ZONING OF APPROXIMATELY ONE (1) ACRE LOCATED AT 13545 WEBB CHAPEL FROM OFFICE (O) ZONING DISTRICT TO PLANNED DEVELOPMENT NO. 92 (PD-92) ESTABLISHING DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is proposing to redevelop the existing site and building into either a small office facility or specialty retail location. The property is currently zoned Office (O) which does not allow any kind of retail use whatsoever. In order to create a zoning district that would allow office, limited specialty retail and personal service uses but also preserve the site's compatibility with the surrounding area, the applicant is proposing to create a unique Planned Development (PD) zoning district for the property. Proposed Planned Development No. 92 (PD-92) would preserve all land uses currently allowed within the property's existing "Office" (O) zoning district and add some selected specialty retail and personal service uses. The maximum building height allowable would remain at 2 stories and freestanding signage would be limited to ten feet in height and 63 square feet in area. Although the applicant plans to use the existing brick building on the site, any future redevelopment on the site will require a minimum of 75% brick or stone exterior facades. The Planning and Zoning Commission recommends approval of the proposed Planned Development 92 (PD-92) as defined in Ordinance No. 2940. Mayor Phelps opened the public hearing. Volume 100, page 70 Mayor Pro Tern O'Hare asked the applicant if he was opposed to adding a clothing store to the specific use permit. The applicate replied he has no objection to the addition of a clothing store to the specific use permit of the ordinance. A motion by Councilman Smith, seconded by Mayor Pro Tem O'Hare, all voting "aye," closed the public hearing. A motion by Mayor Pro Tem O'Hare, seconded by Councilman Koch, all voting "aye," approved the following captioned Ordinance No. 2940 with the amendment of adding a clothing store to the specific use permit. ORDINANCE NO. 2940 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 FROM OFFICE (O) ZONING DISTRICT TO PLANNED DEVELOPMENT NUMBER 92 (PD-92) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS, AND PROCESSES; FOR AN APPROXIMATELY 1 ACRE TRACT LOCATED AT 13545 WEBB CHAPEL ROAD, REPEALING IN PART ORDINANCE NUMBER 769 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 CITIZEN REQUESTED AGENDA ITEM: VERNON SMITH, 2715 BAY MEADOWS CIRCLE, WOULD LIKE TO DISCUSS WITH THE CITY COUNCIL A SMOKE-FREE ORDINANCE. MR. SMITH WILL INTRODUCE MS. KAY KAMM WITH THE AMERICAN CANCER SOCIETY AND DOUG DUNSAVAGE WITH THE AMERICAN HEART ASSOCIATION WHO WILL MAKE A PRESENTATION AS WELL. Mayor Phelps presented the following information. Vernon Smith, 2715 Bay Meadows Circle, will be discussing with the Council an ordinance that proposes to stop all smoking in Farmers Branch. Additionally, Mr. Smith introduced representatives from the American Cancer Society and the American Heart Association. These representatives offer information to the Council supporting Mr. Smith's position on this issue. Volume 100, page 71 Ms. Kay Kamm with The American Cancer Society and Doug Dunsavage with The American Heart Association gave the Council a presentation on a smoke free ordinance. There followed a discussion among the Council and representatives from the American Cancer Society. No action was taken. D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-152 APPROVING AMENDMENT NO. 1 TO A DEVELOPER'S CONTRACT WITH TRANSCONTINENTAL REALTY INVESTORS, INC. RELATIVE TO THE MIRA LAGO ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This is a companion item to the Planned Development No. 81 rezoning. On July 12, 2004, the City Council approved a developer's contract with Transcontinental Realty Investors, Inc. relative to the Mira Lago Addition. The developer's contract set forth provisions relative to public improvements associated with development of the property that were stated in the original zoning for Planned Development No. 81. Amendment No. 1 to the developer's contract is proposed to change three provisions that were amended in the rezoning. First, the requirement to have the eastbound IH635 service road between Mira Lago Boulevard and Luna Road in place as a requisite for getting a certificate of occupancy for additional buildings is revised. The developer is given the option to advance the funds for the construction of the eastbound IH635 service road in lieu of the service road being in place and the developer has advanced funds in the amount of $650,000 towards the construction of the service road. Second, the requirement for emergency vehicle access to the service road between Mira Lago Boulevard and Luna Road is eliminated because the access is not feasible to construct. Third, the condition for traffic improvements at the IH635-Luna Road interchange is modified to allow the phasing of the improvements based on a traffic study. A motion by Mayor Pro Tem. O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2007-152. D.3 CONSIDER RESOLUTION NO. 2007-151 CASTING A VOTE FOR A NOMINEE TO THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. State law requires that the City of Farmers Branch vote by official ballot resolution on the nominees that. Volume 100, page 72 were submitted. This action must be done by December 15, 2007 and returned to the Dallas Central Appraisal District. Nominated for the position are: Ms. Rita Burks - Balch Springs Mr. James Daniels - Lancaster Mr. Dwayne M. Gentsch - Garland Mr. Michael Hurtt - Desoto Mr. Robert Thornton - Grand Prairie Mr. R. Scott Wheeler - Addison, Farmers Branch, Richardson A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-151 nominating R. Scott Wheeler to the Dallas Central Appraisal District. D.4 CONSIDER ADOPTING RESOLUTION NO. 2007-156 ACCEPTING A MONUMENT SIGN EASEMENT FROM TCI PARK WEST I, INC. FOR THE INSTALLATION OF A MERCER CROSSING DEVELOPMENT SIGN AT THE NORTHEAST CORNER OF LUNA ROAD AND IH-635 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 16, 2007 the City Council awarded the bid for the construction of four Mercer Crossing development monument signs to give the west side an identity and promote development. As bid, monument signs were to be constructed on property owned by the Mercer Crossing developer at Valley View Lane and Mercer Parkway, Valley View Lane and Luna Road, Mercer Parkway and Luna Road, and the southeast corner of IH635 and Luna Road. After the bid was awarded for the construction of four monument signs, the Mercer Crossing developer purchased the Parkwest Development at the northeast corner of IH635 and Luna Road. The developer requested that the location of the monument sign proposed at Mercer Parkway and Luna Road be moved to the northeast corner of IH635 and Luna Road because the new location is a major entry to the Mercer Crossing development. TCI Park West I, Inc., the owner of the property, has donated the monument sign easement for the construction of a development sign at the northeast corner of IH635 and Luna Road. Construction of the monument signs is scheduled to be completed in January 2008. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman Koch, all voting "aye," adopted Resolution No. 2007-156. Volume 100, page 73 D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. 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 5:37 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 6:25 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. 1 Mayor Phelps stated there was no update on this item. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline Road, I-635 and Denton Drive. Staff was present to discuss this item with the City Council. E.3 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 Valentine Reyes, et.al., v. City of Farmers Branch Mayor Phelps stated there was no update on this item. Volume 100, page 74 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 Mayor Pro Tern O'Hare, a second by Councilman Scott, all voting "aye," adjourned the City Council meeting of November 20, 2007 at 7:23 p.m. Bob Phelps, Mayor 1 Cindee Peters, City Secretary Volume 100, page 75