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2012-02-07 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, February 7, 2012 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Councilmembers William P. Glancy David Koch Tern Michelle Holmes Ben Robinson Tim Scott Harold Froehlich The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish Assistant City Manager Matt Benoit Assistant to the City Manager Rachael Johnson City Attorney Kevin Laughlin Finance Director Charles Cox Fire Chief Steve Parker Police Chief Sid Fuller Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Harting Director of Equipment Services Kevin Muenchow Director of Economic Development John Land Communications Director Tom Bryson A.I Discuss regular council meeting agenda items. Mayor Pro Tern David Koch asked for clarification regarding Agenda Item E.3 about the timing of the repairs and the status of the insurance claim. Councilmember Tim Scott, Mayor Glancy and Mayor Pro Tern David Koch inquired about Agenda Item D.I regarding the location of the proposed operation, issues regarding stacking of vehicles in the drive -thru and the rationale for the relocation. Mayor Pro Tern David Koch inquired about Agenda Item D.3 about staff's process for tracking out -of -date Special Use Permit's, the size of the space needed, the utilization of the space, screening options, and the length of the Special Use Permit and relocation options for the trailer. Councilmember Ben Robinson stated concerns regarding an economic development goal for 2012 in Agenda Item E.2. Economic Development Director John Land provided additional insights on this proposed goal. Mayor Pro Tern David Koch inquired about Agenda Item B.3 regarding the vacancy on the Senior Advisory Board. A.2. DISCUSSION OF ITEMS TO BE PLACED ON A FUTURE COUNCIL AGENDA MEETING (DISCUSSION IS LIMITED TO DETERMINATION OF WHETHER TO PLACE AN ITEM ON A FUTURE COUNCIL AGENDA). No items were identified. B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilmember Tim Scott gave the Invocation and Mayor Pro Tern David Koch led the Pledge of Allegiance. B.2 RECOGNITION FOR PHARR FAMILY FOR THEIR DONATIONS TO THE METROCREST SOCIAL SERVICE CENTER THROUGH THEIR ANNUAL CHRISTMAS LIGHTS DISPLAY. Bunny Summerlin, Executive Director of Metrocrest Social Service Center, expressed her appreciation to the Pharr family for their continued donations to Metrocrest Social Service Center from their Christmas lights display. B.3. CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE No appointments were made. B.4 REPORT ON STUDY SESSION ITEMS. Mayor Glancy reported that these were no Study Session items to report on. B.5 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION 551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS, CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY. City Manager Gary Greer gave the city manager's report. C I. CONSENT ITEMS Mayor Glancy 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 item is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem David Koch, a second by Councilmember Harold Froehlich, all voting "aye ", approved the Consent Agenda Items C.1 through C.2. C.1. APPROVED THE MINUTES OF CITY COUNCIL MEETING OF JANUARY 17, 2012. C.2. ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 3178 ISSUING THE ELECTION ORDER FOR PLACE 3 AND PLACE 5 ON MAY 12, 2012. ORDINANCE NO. 3178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON THE 12TH DAY OF MAY 2012, FOR THE PURPOSE OF ELECTING MEMBERS OF THE FARMERS BRANCH CITY COUNCIL FOR PLACE 3 AND PLACE 5; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. D.1. PUBLIC HEARING: CONSIDER APPROVAL OF ORDINANCE NO. 3171 FOR A SPECIFIC USE PERMIT TO ALLOW A DRIVE -IN BANK FACILITY WITHIN THE EXISTING PARKING STRUCTURE LOCATED AT 14185 NORTH DALLAS PARKWAY AND TAKE APPROPRIATE ACTION. THIS SPECIFIC USE PERMIT INCLUDES AN ASSOCIATED SITE PLAN FOR THE NEW DRIVE -IN BANK FACILITY Andy Gillies, Planning Director, explained that a local community bank is moving from their existing location in Farmers Branch to an existing office building (Centura Tower) located at the southwest corner of Spring Valley Road and the North Dallas Parkway. Centura Tower currently does not have a Drive -in Bank facility. Drive -in Bank facilities require a Specific Use Permit within Planned Development No. 75 (PD -75). As part of this SUP request, the applicant is including an associated Site Plan creating a new access point off of Spring Valley Road for this new bank operation. Mayor Glancy stated that this was a public hearing. No one spoke. A motion by Councilmember Tim Scott, a second by Mayor Pro Tern David Koch, all voting "aye ", closed the public hearing. Scott Porter, owner's representative for Centura Tower, provided an overview of the proposed project. He addressed security issues and discussed timing of the project. Mayor Glancy inquired about any potential traffic issues. Planning Director Andy Gillies provided an overview of the site's traffic plan. A motion by Councilmember Tim Scott, a second by Deputy Mayor Pro Tern Michelle Holmes, all voting "aye ", adopted the following captioned Ordinance No. 3171. ORDINANCE NO. 3171 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 FOR A DRIVE IN BANKING FACILITY ON PROPERTY LOCATED WITHIN PLANNED DEVELOPMENT NO. 75 (PD -75) GENERALLY KNOWN AS 14185 NORTH DALLAS PARKWAY, FARMERS BRANCH, TEXAS, AND MORE PARTICULARLY DESCRIBED IN SECTION ONE; PROVIDING FOR AN AMENDED SITE PLAN; PROVIDING FOR A LANDSCAPE PLAN; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A CONFLICTS RESOLUTION 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.2. PUBLIC HEARING: CONSIDER APPROVAL OF ORDINANCE NO. 3172 AMENDING THE ZONING OF A 10.1 ACRE TRACT FROM PLANNED DEVELOPMENT NO.76 (PD -76), PLANNED DEVELOPMENT NO. 42 (PD -42) AND PLANNED DEVELOPMENT NO. 41 (PD -41) TO PLANNED DEVELOPMENT NO. 95 (PD -95) AND TAKE APPROPRIATE ACTION. THE PROPOSED PLANNED DEVELOPMENT NO.95 (PD -95) INCLUDES DEVELOPMENT STANDARDS AND A CONCEPTUAL SITE PLAN THAT WOULD ALLOW THE DEVELOPMENT OF A 648 UNIT APARTMENT COMMUNITY. THE 10.1 ACRE TRACT IS LOCATED ON THE WEST SIDE OF THE SOUTHBOUND FRONTAGE ROAD OF THE NORTH DALLAS PARKWAY APPROXIMATELY 300 FEET SOUTH OF THE SPRING VALLEY ROAD INTERSECTION. Andy Gillies, Planning Director, explained that the applicant, Provident Realty Advisors Incorporated, is proposing to develop a new 5 story multi - family development on the site. The development would consist of two main residential buildings, one containing 365 units and one with 283 dwelling units. Each building would contain an internal multi -level parking facility, as well as internal landscaped courtyards. Extensive circulation and streetscape improvements are also proposed. In addition, the applicant proposes to develop a small linear park area and walking trail within the Oncor property immediately adjacent to the western edge of the site (along Inwood Road). Mayor Glancy stated that this was a public hearing. Matt Harris, Brian Moore and Brian Cooper, representatives of the applicant, provided an overview of the proposed project. A motion by Councilmember Tim Scott, a second by Councilmember Harold Froehlich, all voting "aye ", closed the public hearing. Mayor Pro Tern David Koch inquired about what would happen if Phase II of the proposed project was not built. Mayor Pro Tem Koch also requested clarification regarding the ability to construct a five story structure out of wood. Mayor Pro Tern Koch also expressed concern about these same standards not being applied to other projects in the City and expressed a desire to see a superior project. Brad Nettle, representative of the applicant, provided information regarding stucco products. Mayor Pro Tern Koch requested additional information regarding amenities, breezeways, etc. Councilmember Ben Robinson stated that he was looking for assurances that the City would receive a high quality project. Councilmember Tim Scott sought clarification on what was involved in a conceptual site plans. Planning Director Andy Gillies and City Attorney Kevin Laughlin clarified options for moving forward this evening in regards to altering the masonry requirements in the proposed Ordinance. Mayor Glancy stated that structural integrity and aesthetics are both important. Councilmember Michelle Holmes stated that she liked several elements of the proposed development, but would like to see continued improvements to the plan. A motion by Mayor Pro Tern David Koch, a second by Councilmember Ben Robinson, all voting "aye ", adopted the following captioned Ordinance No. 3172 that included amendments including a 70% masonry requirement for the entire fagade, elimination of Exhibit D conceptual elevations and revised wording on Section 2 and Exhibit B. ORDINANCE NO. 3172 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 AN APPROXIMATELY 10.1± ACRE TRACT OF LAND OUT OF THE ELISHA FIKE SURVEY, ABSTRACT NO. 478, CITY OF FARMERS BRANCH, DALLAS COUNTY, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT NO. 76 (PD -76), PLANNED DEVELOPMENT NO.42 (PD -42) AND PLANNED DEVELOPMENT NO. 41 (PD -41) TO PLANNED DEVELOPMENT NO. 95 (PD -95) ZONING DISTRICT; ADOPTING DEVELOPMENT STANDARDS; ADOPTING A CONCEPTUAL SITE PLAN; ADOPTING BUILDING ELEVATIONS; ADOPTING A STREETSCAPE DETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. D.3. PUBLIC HEARING: CONSIDER APPROVAL OF ORDINANCE NO. 3177 APPROVING AN INTERIM SPECIFIC USE PERMIT (5 YEARS) FOR GENERAL AUTOMOTIVE REPAIR AND LIMITED OUTDOOR STORAGE LOCATED AT 3607 GARDENBROOK DRIVE AND TAKE APPROPRIATE ACTION. THIS SITE IS LOCATED WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT. Andy Gillies, Planning Director, explained that the subject property is located on the northwest corner of Gardenbrook Drive and Venture Drive. The applicant, Swedish Auto Incorporated, has been repairing automobiles at this location since 1988. Over the years they have obtained two interim Specific Use Permits for general automobile repair. The current SUP expired in 1998. No expansion of the building or additional signage are proposed with this request. A small area located along the east side of the building is proposed to be used for outdoor storage of a trailer and a boat. Mayor Glancy stated that this was a public hearing. No one spoke. A motion by Mayor Pro Tern David Koch, a second by Councilmember Tim Scott, all voting "aye ", closed the public hearing. Mayor Pro Tern David Koch inquired about the ability to screen both the trailer and the dumpster at this location. The applicant expressed concerns about the proposed screening and the impact it might have on a water valve for the sprinkler system and parking. After a lengthy discussion on screening options and the use of the trailer, a motion by Mayor Pro Tern David Koch, a second by Councilmember Ben Robinson, all voting "aye ", tabled this item until the February 21, 2012 City Council meeting to allow time for additional options to be explored with the applicant. E. I. CONSIDER APPROVAL OF ORDINANCE NO. 3170 ESTABLISHING A VACANT BUILDING REGISTRATION, PROVIDING FOR INSPECTIONS, FEES AND PENALTIES AND TAKE APPROPRIATE ACTION. Matt Benoit, Assistant City Manager, explained that in response to City Council's direction regarding vacant buildings in Farmers Branch and in concert with Core Value #3 "Provide strong, thriving commercial and residential neighborhoods through planning, land use, development, code enforcement, revitalization activities and programs" Ordinance No. 3170 was drafted. Ordinance No. 3170 establishes a vacant building registration initiative which will target vacant commercial and residential structures. The Ordinance provides for inspections of the structures to ensure that vacant structures do not have an adverse impact on the commercial and residential neighborhoods in the City. In addition to the required registration and inspection of the property, the proposed ordinance establishes the potential requirement for a maintenance bond or escrow account to offset any costs incurred by the City to abate violations. The Ordinance establishes registration fees based on the number of years the property is vacant. Councilmembers inquired about how this Ordinance would impact individuals performing work on a piece of property without permits and asked for clarification on how this Ordinance would be implemented. A motion by Councilmember Tim Scott, a second by Councilmember Harold Froehlich, all voting "aye ", adopted the following captioned Ordinance No. 3170. ORDINANCE NO. 3170 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 22 "BUILDINGS AND BUILDING REGULATIONS" BY ADDING ARTICLE XII "VACANT BUILDING REGULATIONS" ESTABLISHING VACANT BUILDING REGISTRATION AND INSPECTION REQUIREMENTS; AND BY AMENDING THE CODE OF ORDINANCES APPENDIX A "FEE SCHEDULED" BY ESTABLISHING A REGISTRATION AND INSPECTION FEE FOR VACANT BUILDINGS; AND PROVIDING FOR A PENALTY NOT TO EXCEED $2000.00; PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. E.2 CONSIDER ADOPTING RESOLUTION NO. 2012 -008 ADOPTING THE CITY'S STRATEGIC PLAN FOR 2012 -13, AND TAKE APPROPRIATE ACTION. Rachael Johnson, Assistant to City Manager, explained that in 2007 City Council and Staff engaged in the first retreat that resulted in the construction of a strategic planning process in which ten core values were established to serve as a guide to accomplishing the City's mission. At the annual City Council Retreat, Council members come together to create consensus on specific goals that will enable the City to successfully accomplish each of the ten Core Values. These Core Values and their accompanying goals are what make up the City's Strategic Plan and therefore, determine what will be accomplished in the coming year. Establishing the goals for the year is the first step in the Strategic Planning process. Once these goals are established, they become the guide for departmental projects and the framework for the budgeting process. On January 27th, Council and Staff came together for the 2012 Council Retreat. As a result of this meeting, the following goals were established for the 2012 -13 year and placed in the Strategic Plan. A motion by Councilmember Ben Robinson, a second by Councilmember Harold Froehlich all voting "aye" (Deputy Mayor Pro Tern Michelle Holmes absent for the vote), adopted Resolution No. 2012 -008 with an amendment that revised the wording on City Council Strategic Goal #18 regarding economic development retention efforts. E.3 CONSIDER ADOPTING RESOLUTION NO. 2012 -009 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GALLAGHER CONSTRUCTION MANAGEMENT FOR THE EMERGENCY REPAIR OF FIRE STATION #2 AND TAKE APPROPRIATE ACTION. Steve Parker, Fire Chief, explained that in May 2011, Fire Station No. 2's rubber membrane roof was damaged during a hail storm. This damage was reported to the Texas Municipal League's risk pool. As other City facilities were damaged during this same severe weather event, all damages were rolled into one claim and the process of coordinating the claim and repairs began. In June of 2011, Fire Station No. 2's roof received temporary repairs as a stop gap measure prior to a new roof being installed. As North Texas suffered through a hot and very dry summer and fall, this temporary patching did not reveal any severe leaks. During the few moderate rain events experienced this winter, the roof did leak. However, the size & scope of the leaks could be managed by the Firefighters. On January 19, 2012, the City received a contract to repair Fire Station No. 2's roof with a project start date of February 20, 2012. This repair will be covered by our City insurance policy. On January 24 - 25, 2012, North Texas received over 4 inches of rain. The limitations of the temporary patch on Fire Station No. 2's roof became glaringly apparent, and the Station suffered severe leaks throughout the structure. By 8:00 am, all rooms in the building were leaking. Shortly thereafter electrical problems began happening. At this time the building was deemed uninhabitable and was vacated. That same morning the Building Official, Risk Manager and Fire Administration surveyed the damage. Due to the severity of the water leaks the building's Certificate of Occupancy was pulled. As this facility is a critical component of the City Fire and EMS service delivery system, an emergency repair plan was put into place. Because Gallagher Construction Management is currently working on finishing construction of new Fire Station No. 1, they were immediately contacted to put together an expedited repair plan to allow the Fire Department to move back into the building as fast as possible. By the morning of Friday, February 3, 2012 a completed scope of work and contract were ready. As the roofer who was under contract to repair the roof on February 20 was unable to push up the repairs to an earlier date, a different roofing contractor was brought in on Wednesday, February 1 and made emergency repairs to the structure to prevent any further water damage. This repair will also allow the interior repair work to begin before the February 20 roof replacement. The scope of the work includes removing and replacing the suspended ceiling and insulation, removing and replacing all damaged sheet rock, cleaning all carpets and floors, inspecting all electrical systems, and replacing any damaged lights and HVAC ducts and/or grills. Also included is painting of walls adjacent to damaged sheet rock walls, and wall repairs caused by existing foundation issues. The paint and wall repair are being included as the building is currently stripped .of all furniture and personnel belongings and can be completed at a cost less than if done at a later date. As the Fire Department will be housed in this facility for the near future, ensuring a basic level of livability is in the best interest of our firefighters. Gallagher Construction Management is estimating this repair project to run three weeks, and they are able to start the project immediately once a contract with the City is signed. Using the Fire Departments experience working with Gallagher on the Fire Station #1 project, the repair work needs on Fire Station No. 2 will be completed quickly and on budget. Councilmember Ben Robinson inquired about the General Requirements listed on the contractor estimate as well as bond requirements for this project. A motion by Deputy Mayor Pro Tern Michelle Holmes, a second by Councilmember Tim Scott, all voting "aye ", adopted Resolution No. 2012 -009. EA. CONSIDER ADOPTING RESOLUTION NO. 2012 -010 AWARDING A CONTRACT WITH SUN COMMERCIAL ROOFS, INC., FOR TOTAL ROOF REPLACEMENT ON FIRE STATION NO. 2 IN THE AMOUNT OF $64,100 AND TAKE APPROPRIATE ACTION. Jeff Harting, Director of Parks & Recreation, explained that the City of Farmers Branch is currently in the process of working with the Texas Municipal League on a hail damage claim that involved eight City facilities. A contract for roof repairs on these facilities will be brought to City Council for approval in March 2012. Fire Station No. 2 was to have been included in the package, but recent rains and consequent damage have forced staff to move forward with a total roof replacement at Fire Station No. 2. This was necessary to mitigate further damage to the interior of the building. As of January 25, 2012 it was necessary to vacate the building for safety reasons. Based on the emergency situation, staff has contracted with Sun Commercial Roofs, Inc., for a total roof replacement in the amount of $64,100. The roof is scheduled for replacement starting February 20, 2012 and this expense will be paid for by the City's insurance company, Texas Municipal League. A motion by Councilmember Tim Scott, a second by Deputy Mayor Pro Tern Michelle Holmes, all voting "aye ", adopted Resolution No. 2012 -010. F.I. DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss purchase, exchange, lease or value of real property in the following area: for the area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I -635 and Denton Drive Mayor Glancy explained staff was present to update the City Council on this item. G.1. CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Glancy called for action on items discussed in Executive Session. A motion by Councilmember Tim Scott, a second by Councilmember Ben Robinson, all voting "aye ", based on the report and findings of the City Building Official that the City Council find that the structure located on the property known as 12918 Holbrook constitutes a dangerous structure and that the City Manager be authorized to: (1) purchase directly or through authorized representatives Lot 6, Block B, Farmersdell Addition, an Addition to the City of Farmers Branch, Texas, for an amount not to exceed $76,000 plus closing costs, (2) to negotiate and sign such documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to acquiring title to said property, and (3) to enter into necessary agreements related to the demolition of the improvements on said property, said activities to be funded from funds available in the city budget for such purposes. G.2. ADJOURNMENT. A motion by Councilmember Tim Scott, a second by Councilmember Harold Froehlich, all voting "aye ", adjourned the City Council meeting of February 7, 2012 at 8:44 p.m.