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2008-06-17 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, June 17, 2008 6:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem. Councilmembers Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney Communications Director City Engineer Director of Community Services Director of Public Works Library Director Police Chief Fire Chief Gary Greer Greg Vick Shanna Sims-Bradish Cindee Peters Michael Kallas Tom Bryson Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Sid Fuller Kyle King Mayor O'Hare called the City Council meeting of June 17, 2008 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Former Councilman Bill Moses gave the invocation and former Navy Officer Tim Hagen led the pledge of allegiance. A.2 CONSIDER ACCEPTING A DONATION FROM THE ANIMAL ADVOCACY VOLUNTEER ORGANIZATION, "ARFRIEND," TO THE CITY OF FARMERS BRANCH ANIMAL SHELTER AND TAKE APPROPRIATE ACTION. Volume 101, page 51 Ms. Louise Henning, Executive Vice President of Arfriend presented a donation of $1700 to Mayor O'Hare for the City. The organization she represents, Arfriend, is a non-profit corporation dedicated to raising awareness and benefiting both humans and animals. City Administration recommends accepting the donation from Arfriend in the amount of $1,700. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye" accepted the donation from Arfriend. A.3 CONSIDER ACCEPTING DONATIONS OF OFFICE FURNITURE AND FLOOR TILE FOR THE NEW CITY OF FARMERS BRANCH ANIMAL ADOPTION CENTER AND TAKE APPROPRIATE ACTION. Mayor O'Hare stated an anonymous donor is offering to provide office furniture having an estimated value of $8,000 to assist with the furnishing of the new City of Farmers Branch Animal Adoption Center. Stone Solutions, Inc. is offering to donate floor tile for the new City of Farmers Branch Animal Adoption Center having an estimated value of $5,600. Mr. Steve Henry was present and expressed his pleasure for being able to make this donation from his company. City Administration recommends accepting these donations, which will enhance the comfort and appeal of the City of Farmers Branch Animal Adoption Center. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", accepted these donations for the new City of Farmers Branch Animal Adoption Center. A.4 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE FARMERS BRANCH POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Chief Fuller explained that 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 pay for the purchase a web-based service that will provide crime information to the public via the Internet. The service, provided by CrimeReports.com, will allow the police department to share crime data with those who need it most, the citizens. Crime data (with all victim and witnesses names removed) will be available from the police department web site, utilizing a user-friendly mapping format that is easy to navigate and use. Citizens of Farmers Branch will be able to view up-to-date crime Volume 101, page 52 statistics by date, type of crime or location, all the way down to what is occurring on their street. All of this is free of charge to the citizens. Ms. Natasha Vaz with the Farmers Branch Wal-Mart, presented the donation to Mayor O'Hare. City Administration recommends accepting the $1,000 donation from Wal-Mart to be used to purchase a web-based service that will provide crime information to the public via the Internet. A motion by Deputy Mayor Pro Tern Koch, a second by Councilman Scott, all voting "aye", accepted the donation from Wal-Mart. A.5 CONSIDER ACCEPTING DONATIONS FROM THE FARMERS BRANCH WOMAN'S CLUB OF $1,000 FOR USE AT THE SENIOR CENTER AND $3,000 FOR USE BY THE YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Woman's Club President, Betty Laney presented the checks to Mayor O'Hare. The donation of $1,000 to the City is for use at the Senior Center and the $3,000 is for the Youth Scholarship Program. City Administration recommends accepting the donations from the Farmers Branch Woman's Club. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye", accepted the donations from the Farmers Branch Woman's Club. A.6 CONSIDER ACCEPTING THE DONATION OF A COPIER TO THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Ms. Joan Abbey of The Friends of the Farmers Branch Manske Library explained they would like to provide a copier for the Manske Library. The Manske Library has historically provided one copier on each level of the library. The company that provided the copier on the lower level has gone out of business and removed their equipment. The Library is providing access to only one copy machine on the main level. Based on budget considerations, the Library is currently unable to purchase a second copier. The Friends of the Library have volunteered to donate the copier as soon as possible in order to continue this popular service. Since the copier was removed, patrons have noted that it is difficult to carry heavy reference materials to the upper level to make their copies. The estimated value of this copier is $6,400 including maintenance. City Administration recommends accepting this donation which will provide copier service on the lower level of the Manske Library. Volume 101, page 53 A motion by Councilman Smith, a second by Councilman Scott, all voting "aye" accepted the donation of a copier for the Manske Library. A.7 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. Mayor O'Hare stated there is also a vacancy on the Community Watch Committee with the resignation of Matt Burton. A motion by Deputy Mayor Pro Tem Koch, a second by Councilman Smith, all voting "aye", reappointed the following members of the Farmers Branch Local Government Corporation that had terms that expired on May 31, 2008: Ben Robinson, Vice Pres. Gary Greer, Treasurer Michael Spicer A.8 REPORT ON STUDY SESSION ITEMS. The City Council members gave a brief report on items discussed in the Study Session. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor O'Hare 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, a second by Councilman Scott, all voting "aye", approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 3, 2008 AND SPECIAL CITY COUNCIL PLANNING RETREAT ON JUNE 5, 2008. B.2 ADOPTED RESOLUTION NO. 2008-045 APPROVING A THIRD AMENDMENT TO DEVELOPER'S CONTRACT WITH WOODMONT TCI GROUP X, L.P., AND CARLYLE HERITAGE, L.P. Volume 101, page 54 B.3 ADOPTED RESOLUTION NO, 1111-111 AMENDING THE CHAPTER 380 ECONOMIC DEVELOPMENT POLICY OF THE TEXAS LOCAL GOVERNMENT CODE. B.4 ADOPTED RESOLUTION NO. 2008-054 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT OF COOPERATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME PROGRAM WITH DALLAS COUNTY FOR A PERIOD OF THREE YEARS. B.5 ADOPTED RESOLUTION NO. 2008-048 AWARDING THE BID FOR CONCRETE PAVEMENT SECTION REPAIRS AT VARIOUS LOCATIONS TO LAUGHLEY BRIDGE & CONSTRUCTION, INC. IN THE AMOUNT OF $365,000. B.6 ADOPTED RESOLUTION NO. 2008-055 AWARDING THE BID FOR THE CONSTRUCTION OF SIDEWALKS ON GOODWATER STREET AND RICHLAND AVENUE TO SANTOS CONSTRUCTION, INC. IN THE AMOUNT OF $78,123. B.7 ADOPTED RESOLUTION NO. 2008-057 AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $13,262.88, INTERNET CREDIT OF $239.40, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,429 UNDER THE NEW HOME INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 12637 EPPS FIELD. C.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2975 APPROVING THE REQUEST BY BROADSTONE GALLERIA, L.P. TO AMEND PLANNED DEVELOPMENT ZONING DISTRICT NO. 87 (PD-87) ESTABLISHING NEW PARKING STANDARDS FOR APPROXIMATELY 7.765 ACRES LOCATED AT 13465 INWOOD ROAD AND TAKE APPROPRIATE ACTION. Andy Gilles, Director of Planning, gave a brief presentation on this item. The subject property is the recently completed Broadstone Parkway mixed-use project containing 333 residential units and 39,500 square feet of retail and restaurant uses. As a mixed-use project, parking dynamics function differently than "stand alone" developments. For example, a customer may also be an on-site resident who walks to restaurant, retail, and other uses within the development without occupying a commercial parking space. The applicant proposes to amend the Planned Development to establish new parking standards to allow for flexibility to accommodate the market demands and mixed-use needs of this development. The proposed amendment includes: (1) eliminating retail parking discounts tied to hotel and office uses; (2) adjusting retail and restaurant parking ratios to one space per 300 square feet of area; and (3) allowing staff approval of minor adjustments in the parking requirements on a case-by-case basis in order to streamline the tenant occupancy process. Volume 101, page 55 The Planning and Zoning Commission unanimously recommended approval of the proposed amendment to Planned Development Zoning District Number 87 (PD-87), as generally described and more specifically defined in proposed Ordinance No. 2975. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. Deputy Mayor Pro Tem Koch asked how the owner proposed to prevent tenants from parking in this area rather than in the parking garage. Mr. Brian Tusa, representing the owner, stated they have several controls in place to prevent this. A motion by Deputy Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2975, amending the parking standards of PD-87 as recommended by the Planning and Zoning Commission. ORDINANCE NO. 2975 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 DISTRICT CLASSIFICATION OF APPROXIMATELY 7.765 ACRES OF PROPERTY LOCATED AT 13465 INWOOD ROAD, GENERALLY BOUNDED ON THE NORTH BY SIMONTON ROAD, ON THE EAST BY INWOOD ROAD, ON THE SOUTH BY MCEWEN DRIVE/GALLERIA DRIVE, AND ON THE WEST BY ST. LOUIS AND SOUTHWESTERN RAILROAD, AMENDING PLANNED DEVELOPMENT NO. 87 (PD-87) REGARDING DEVELOPMENT STANDARDS, 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. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2980 APPROVING THE REQUEST OF ROBERT RELYEA FOR A SPECIFIC USE PERMIT FOR INDOOR AUTOMOTIVE SALES AND LIMITED REPAIR AT 13840 DENTON DRIVE WITHIN THE PLANNED DEVELOPMENT-70-OLD FARMERS BRANCH- GENERAL BUSINESS SUBDISTRICT AND TAKE APPROPRIATE ACTION. Andy Gilles, Director of Planning, gave a brief presentation on this item. The subject site is an existing industrial warehouse building, 25,000 square feet in area located immediately east of the DART Rail right-of-way, adjacent to the north side of the City's Volume 101, page 56 Wicker Avenue Pump Station. The applicant proposes to repair and restyle classic cars for resale. All repair and sales will be done inside the existing building. No expansion of the building is proposed. The new DART railway will eliminate the site's access to Denton Drive. Future access to the site will be limited to a private drive from Distribution Way. Included with the proposed Specific Use Permit is a Site Plan, which includes the installation of a new wrought iron fence along a portion of the northern property line, new landscape screening along the edge of the eastern parking lot, and landscaping along the western property line. No additional buildings or parking improvements are proposed. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed Specific Use Permit and associated Site Plan with the following conditions: 1. There shall be no outside automobile sales or repair activities on this site. 2. Outside storage shall be limited to the concrete parking area on the east side of the existing building and limited to short term parking of operable vehicles and vehicle transport trailers. Outside storage shall not exceed 15 percent (3,750) square feet of the existing building's floor area, or a maximum of 21 vehicles. Mayor O'Hare opened the public hearing. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. Mr. Gilles explained during Study Session the City Council would like to see some type of screening on the dock doors. Mr. Gilles stated a third condition regarding screening could read as follows: (3) The applicant shall screen the two dock doors on the west side of the building with an opaque screening material to prevent visibility into the building, subject to staff approval, before issuance of a Certificate of Occupancy". Mr. Gilles stated the applicant is agreeable to the third condition. There followed a brief discussion concerning screening, exterior construction, signs and outside storage. A motion by Mayor Pro Tem. Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2980 as amended by Council approving the proposed Specific Use Permit and associated Site Plan. ORDINANCE NUMBER 2980 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 INDOOR AUTOMOTIVE SALES, LIMITED REPAIR, Volume 101, page 57 MODIFICATIONS, UPGRADES, AND ACCESSORY INSTALLATION IN AN EXISTING BUILDING OF APPROXIMATELY 25,000 SQUARE FEET, LOCATED ON A LOT OF 2.0065 ACRES AT 13840 DENTON DRIVE, GENERALLY LOCATED 300 FEET SOUTH OF THE SOUTHEAST CORNER OF DENTON DRIVE AND DIPLOMAT DRIVE, WITHIN THE PLANNED DEVELOPMENT NO. 70-OLD FARMERS BRANCH- GENERAL BUSINESS SUBDISTRICT (PD-70-OFB-GB) 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. C.3 PUBLIC HEARING: CONJ11llhK ADOPTING UKIJ1NANCh NU. LyJJ AFFKVv1NG THE REQUEST OF CARTIER HOMES TO CHANGE THE ZONING OF A 0.749 ACRE TRACT LOCATED AT 2620 VALLEY VIEW LANE FROM PLANNED DEVELOPMENT DISTRICT NO. 26 (PD-26) TO PLANNED DEVELOPMENT DISTRICT NO. 93 (PD-93), ALLOWING ATTACHED SINGLE FAMILY RESIDENTIAL USES, ESTABLISHING SPECIFIC DEVELOPMENT STANDARDS, AND INCLUDING AN ASSOCIATED SITE PLAN AND TAKE APPROPRIATE ACTION. Mr. Andy Gilles, Director of Planning, gave a brief presentation on this item. The subject property is located on the south side of Valley View Lane adjacent to the east side of Rawhide Creek. It is presently developed with a small single-story office building and surface parking lot. The building is vacant. The applicant is proposing to redevelop this 0.749 acre site as a residential community of no more than fourteen (14) attached single- family, townhouse dwelling units. No other land uses would be allowed. The existing Planned Development No. 26 (PD-26) zoning allows professional office uses only. The proposed Planned Development District No. 93 (PD-93) establishes specific development standards pertaining to all future redevelopment on the site. These standards include building setback lines, building height requirements, exterior facade masonry requirements, screening walls along the southern and eastern property lines, landscaping requirements, and sign controls. Proposed PD-93 also includes a site plan showing where the town house units and all other site improvements are to be located on the property. The Planning and Zoning Commission recommends approval of the proposed Planned Development District Number 93 (PD-93) as set forth in proposed Ordinance No. 2955, including the associated Site Plan. Mayor O'Hare opened the public hearing. Volume 101, page 58 A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", closed the public hearing. Councilman Scott asked how soon this project would begin. Mr. John Ward stated after approval tonight the project would begin right away. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2955 approving Planned Development No. 93 including the associated site plan as recommended by the Planning and Zoning Commission. ORDINANCE NO. 2955 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 A PORTION OF PLANNED DEVELOPMENT NUMBER 26 (PD-26) ZONING DISTRICT TO PLANNED DEVELOPMENT NUMBER 93 (PD- 93) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS INCLUDING A SITE PLAN, AND PROCESSES; AN APPROXIMATE 0.749 ACRE TRACT LOCATED AT 2620 VALLEY VIEW LANE AND REPEALING A PORTION OF ORDINANCE 769 AS IT PERTAINS TO THE SUBJECT PROPERTY ONLY; 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. CA CONSIDER REQUEST OF JENNIFER LANKFORD WITH THE FAMILY PLACE TO DISCUSS THE FREE SERVICES OFFERED TO FARMERS BRANCH RESIDENTS AND TAKE APPROPRIATE ACTION. Ms. Jennifer Lankford with The Family Place gave a brief description of the services that they offer to residents of Farmers Branch who have problems with family violence. D.1 STAFF BRIEFING ON THE IH635 RECONSTRUCTION PROJECT. Dave Davis, Traffic Engineer gave a brief update on the status of the IH635 reconstruction project. D.2 CONSIDER COUNCIL REPORTS. There were no Council reports. Volume 101, page 59 D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. STUDY SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:35 P.M. AND CONCLUDED AT 6:15 P.M. FOR THE GENERAL SESSION. 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 O'Hare stated staff updated the City Council on economic development incentives. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 & 551.087. 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 - Government Code 551.072 and discuss economic development agreements relative to potential new development in this area - Government Code 551.087. Mayor O'Hare stated that City Manager Gary Greer discussed possible land acquisition possibilities and proposals with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277 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 O'Hare stated that City Manager Gary Greer discussed pending litigation with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Volume 101, page 60 Mayor O'Hare stated the City Council was updated on items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", adjourned the June 17, 2008 City Council meeting at 7:35 p A. I Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 101, page 61