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2008-01-08 CC Minutes City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, January 8, 2008 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: City Manager Gary D. Greer Assistant City Manager Greg Vick City Secretary Cindee Peters City Attorney Michael Kallas Communications Director Tom Bryson City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Human Resources Director Kathy Shields Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Mayor Phelps called the City Council meeting of January 8, 2008 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Koch gave the invocation and led the pledge of allegiance. A.2 CITY COUNCIL WELCOME OF OUR MILITARY PERSONNEL SERVING IN IRAQ AND/OR AFGANISTAN. Mayor Phelps presented the following information. The Farmers Branch City Council would like to welcome all members of the United States armed services home on leave for the holidays. The City Council would like to thank them for their service to our country and for the freedom they continue to safeguard for all United States citizens. Volume 100, page 92 Mayor Phelps presented a certificate and paperweight to Private Dustin Freeman and the parents of Atia McNeal and Doug Black. A.3 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE FARMERS BRANCH POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation wishes to make a donation of $1,000 to the Farmers Branch Police Department on behalf of the local Farmers Branch Wal-Mart store, located at 13307 Midway Road. This generous gift represents Wal-Mart's continued support of the Police Department's efforts to make Farmers Branch a safer community in which to live and work. The donation will be utilized by the police department to purchase several pieces of tactical equipment for the Special Weapons and Tactics team. Ms. Natasha Vaz, Lose Prevention Manager of the Farmers Branch Wal-Mart store presented the $1,000 donation to Police Chief Sid Fuller. A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting "aye", accepted the donation from Wal-Mart with the appropriate thank you letter. A.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated there are three vacancies on the Senior Advisory Board, there is a vacancy on the Historical Preservation and Restoration Board due to the Board Emeritus of Glenna Grimmer, the following members of the Valwood Improvement Authority have terms that expired on December 31, 2007: Michael Fitzpatrick and Buddy Rees; and the following members of the Historical Preservation and Restoration Board have terms that will expire on February 1, 2008: Barbara Sisserson-Honnoll, and Roger McKemie. A.5 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. Mayor Phelps explained only two owners could be present tonight and recognized Shawna Shumante of 2646 Danny and Chester Tate of 2848 Valwood Parkway for January's Yards of the Month. Bernard and Dora Valdez of 2576 Valwood Volume 100, page 93 Parkway and John and Evelyn Rubeck of 12257 Chapelview were also mentioned as January's Yards of the Month. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of 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.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 18, 2007. C.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2949 APPROVING THE REQUEST OF MASTERCRAFT POOLS FOR A SPECIFIC USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE EXCEEDING 120 SQUARE FEET IN AREA AND 15 FEET IN HEIGHT AT 12637 EPPS FIELD ROAD WITHIN THE PLANNED DEVELOPMENT NO. 79 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is a 0.19-acre lot located in the residential neighborhood known as Branch Crossing. A single-family home is presently being built on the subject property. The applicant intends to construct a pool cabana that would have a height of 16% 3" and be approximately 300 square-feet in area. The Comprehensive Zoning Ordinance requires approval of a specific use permit for residential accessory structures exceeding an area of 120 square feet or a height of 15 feet. The proposed cabana will be architecturally compatible with the main building and constructed on a permanent foundation. It will be located in the rear yard adjacent to Rawhide Creek. The Planning and Zoning Commission unanimously recommends approval of the specific use permit and the associated site plan. Mayor Phelps opened the public hearing. Volume 100, page 94 A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye", adopted Ordinance No. 2949 approving the specific use permit and the associated site plan for a pool cabana. ORDINANCE NO. 2949 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 AN ACCESSORY BUILDING AREA OF APPROXIMATELY 300 SQUARE FEET WITH A TOTAL HEIGHT OF APPROXIMATELY 16 FEET LOCATED AT 12637 EPPS FIELD ROAD WITHIN THE PLANNED DEVELOPMENT NO. 79 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 CONSIDER ORDINANCE 2926 APPROVING 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 as well as 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 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. Volume 100, page 95 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 consistent with the Comprehensive Plan. The Planning and Zoning Commission voted unanimously to recommend approval of proposed Planned Development 91 (PD-91), as defined in Ordinance 2926 including the Concept Plan (Attachment 3-Exhibit D). Mr. Lars Gronhagen, 3018 Abbey Lane, presented several concerns about this development and wanted to maintain the value of his home and subdivision. Councilman Robinson stated he thought the developer had agreed to construct a retaining wall and trees to buffer the property. Mr. Andy Gilles, Planning Director, stated that was correct. There followed a short discussion concerning traffic, streets, restriction of certain type vehicles and undeveloped land. A motion by Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye", approved Ordinance 2926 for Planned Development district Number 91 (PD-91) including the Concept Plan. ORDINANCE NO. 2926 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 REZONING PLANNED DEVELOPMENT NUMBER 14 (PD-14) ZONING DISTRICT AND PLANNED DEVELOPMENT NUMBER 47 (PD-47) ZONING DISTRICT TO PLANNED DEVELOPMENT NUMBER 91 (PD-91) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES; AN APPROXIMATE 28.81 ACRE TRACT LOCATED NORTH OF LBJ FREEWAY, EAST OF JOSEY LANE, SOUTH OF MAYBROOK DRIVE, AND WEST OF WEBB CHAPEL ROAD; REPEALING IN ITS ENTIRETY ORDINANCE NUMBER 1479 AND ORDINANCE 769 AS IT PERTAINS TO THE SUBJECT PROPERTY ONLY; Volume 100, page 96 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.2 CONSIDER ADOPTING RESOLUTION NO. 2008-005 APPROVING THE MEMORANDUM OF UNDERSTANDING WITH ICON PARTNERS AS FARMERS BRANCH STATION AREA MASTER DEVELOPER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This Memorandum of Understanding is designed to begin the process for Icon Partners as the Farmers Branch Station Area Master Developer. This document establishes a few basics of the relationship between Icon and the City of Farmers Branch. For the past 4 decades, Icon has developed large-scale mixed-use developments and its team has helped create such local places as Uptown Dallas, Addison Circle, Downtown Plano, Legacy Town Center, Willow Bend and the Galleria. The purchase of city owned land, time frames for action and other details of the relationship are addressed. The Memorandum of Understanding will allow Icon to begin their market study, begin additional development details, address land purchase terms, and other preliminary details. A more thorough contract will be the final document that cements this relationship with the city and addresses these and other issues in more detail. Approval of this non-binding document will allow Icon to move forward with additional planning, budgeting, and market evaluation efforts leading toward a final long term agreement. City Administration recommends approving Resolution No. 2008-005 authorizing the City Manager to sign the Memorandum of Understanding with Icon Partners. Assistant City Manager Greg Vick stated he was excited about this project and available to answer any questions the Council might have. A motion by Mayor Pro Tem O'Hare, a second by Councilman Koch, all voting "aye", adopted Resolution No. 2008-005 authorizing the City Manager to sign the Memorandum of Understanding with Icon Partners. D.3 CONSIDER RUNOFF CANDIDATES FOR THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch City Council in October nominated Scott Wheeler to the Board of Directors of the Dallas Center Appraisal District. Since no one candidate received 16 votes, a runoff election is necessary. Volume 100, page 97 Entities wishing to case their vote for one of the runoff candidates must do so by official resolution before January 31, 2008. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye nominated Scott Wheeler by approving Resolution No. 2008-003. D.4 CONSIDER ADOPTING RESOLUTION NO. 2008-002 AWARDING THE BID FOR CAMELOT LANDFILL GAS COLLECTION SYSTEM EXPANSION TO SCS FIELD SERVICES IN THE AMOUNT OF $365,882 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. SCS Field Services submitted the low bid meeting specifications for the Phase B Expansion of the landfill gas collection system at Camelot Landfill in the amount of $365,882. The project consists of the installation of 39 new methane gas wells, and the piping to connect to the existing extraction system. Funds in the amount of $1,050,000 are available in the Landfill Closure/Post- Closure Care Fund for this purchase. The expansion of the gas collection system will reduce the potential for odors at Camelot Landfill, and possibly increase revenue from the landfill gas-to-energy project. City Administration recommends adopting Resolution No. 2008-002 awarding the bid for the construction of the Phase B Landfill Gas Collection System Expansion at Camelot Landfill to SCS Field Services for an amount not to exceed $365,882. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", adopted Resolution No. 2008-002. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no reports or no travel 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 7:25 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 8:35 P.M. AFTER THE REGULAR CITY COUNCIL MEETING 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. Volume 100, page 98 E.1 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 representatives from Strasburger & Price, LLP was present to discuss pending litigation. 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, I-635 and Denton Drive. Mayor Phelps stated City Manager Gary Greer discussed land acquisition possibilities and proposals with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated and no action was necessary on items discussed in Executive Session. F.2 ADJOURNMENT. A motion by Councilman Koch, a second by Councilman Smith, all voting "aye," adjourned the City Council meeting of January 8, 2008 at 8:3 M. Bob Phelps, Mayo Cindee Peters, City Secretary Volume 100, page 99