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2006-02-06 CC Minutes (2)City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 6, 2006 6:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Charlie Bird Deputy Mayor Pro Tern Ben Robinson Councilmembers Junie Smith Tim O'Hare The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Finance Director City Engineer Acting Public Works Director Director of Parks and Recreation Acting Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Library Director Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters Charles Cox Jerry Murawski Shannon Chowning Jeff Fuller David Hale Kyle King Michael Spicer Tom Bryson Don Moore Danita Barber Suzanne Reynolds Mayor Phelps called the City Council meeting of February 6, 2006 to order at 6:30 p.m. The meeting was televised. Mayor Phelps announced that Councilman Moses was not in attendance. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Bird gave the invocation and Councilman O'Hare presented the pledge of allegiance. Volume 96, page 75 A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps stated there were no items on 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 Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 23, 2006. B.2 ADOPTED RESOLUTION NO. 2006-016 AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 13, 2006 CITY COUNCIL ELECTION. B.3 ADOPTED RESOLUTION NO. 2006-011 APPROVING THE FINAL PLAT OF WILLOW DALE ADDITION AT 2317 SPRINGLAKE ROAD AND A DEVELOPER'S CONTRACT WITH JOHN W. CARTER. B.4 ADOPTED RESOLUTION 2006-001 APPROVING THE REQUEST BY ALLIANCE COMMUNITIES FOR APPROVAL OF A SITE PLAN FOR A MIXED-USE PROJECT ON 7.765 ACRES, LOCATED AT 13465 INWOOD ROAD, GENERALLY AT THE NORTHWEST CORNER OF INWOOD ROAD AND MCEWEN DRIVE/GALLERIA DRIVE, WITHIN PLANNED DEVELOPMENT NO. 87. B.5 ADOPTED RESOLUTION NO. 2006-015 APPROVING THE REQUEST BY HALFF ASSOCIATES, INC. ON BEHALF OF ESSILOR OF AMERICA FOR CONCEPT PLAN APPROVAL FOR A PROPOSED 19.8-ACRE CORPORATE CAMPUS LOCATED WEST OF STEMMONS FREEWAY AND SOUTH OF COOKS CREEK AND SITE PLAN APPROVAL FOR A PROPOSED 89,200 SQUARE-FOOT Volume 96, page 76 OFFICE BUILDING LOCATED WITHIN THE CAMPUS ON A 4.29- ACRE SITE AT 13505 BRANCH VIEW LANE WITHIN PLANNED DEVELOPMENT 25. B.6 ADOPTED RESOLUTION NO. 2006-012 APPROVING THE REQUEST OF HDI GROUP, INC. ON BEHALF OF KOH HEALTHCARE SYSTEMS, INC. FOR SITE PLAN APPROVAL OF A 7,760 SQUARE FOOT FLEX-SPACE BUILDING LOCATED AT 2001 ROYAL LANE AT THE NORTHEAST CORNER OF THE INTERSECTION OF ROYAL LANE AND THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-OF-WAY WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.7 ADOPTED RESOLUTION NO. 2006-013 AUTHORIZING THE CITY MANAGER TO PURCHASE SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE IN THE AMOUNT OF $30,475. C B.8 ADOPTED RESOLUTION NO. 2006-014 AWARDING THE BID FOR THE VALWOOD PARK LANDSCAPE MAINTENANCE CONTRACT TO VMC LANDSCAPE SERVICES IN AN AMOUNT NOT TO EXCEED $33,500. B.9 ADOPTED RESOLUTION NO. 2006-009 AWARDING THE BID TO INSTALL A POLYVINYL CHLORIDE (PVC) LINER IN THE DON SHOWMAN SWIMMING POOL TO NATARE CORPORATION IN THE AMOUNT OF $48,000. C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2853 APPROVING THE REQUEST BY BRYAN BURGER ON BEHALF OF DIRECT DEVELOPMENT FOR A SPECIFIC USE PERMIT TO ALLOW FOR A DRIVE-THROUGH WINDOW ASSOCIATED WITH A RETAIL/RESTAURANT BUILDING ON AN APPROXIMATE 1.37 ACRES, INCLUDING SPECIAL EXCEPTION TO DEVELOPMENT STANDARDS, AND CONCEPTUAL SITE PLAN FOR AN APPROXIMATE 3.83 ACRES, LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD, WITHIN PLANNED DEVELOPMENT 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The request proposes an approximate 13,400 square foot retail and restaurant building on a 1.37-acre lot. Volume 96, page 77 The subject lot is part of a larger 3.83-acre site located at the northwest corner of Midway Road and Alpha Road. The proposed restaurant will have a drive-through window that requires approval of a specific use permit. In 2005, a conceptual site plan was approved for this site. The proposed concept plan proposes three buildings: a free-standing bank building at the Midway Road and Alpha Road intersection, the subject retail and restaurant building in the middle, and a future building pad site on the north side. The proposed location of access drives, building size and location, and open spaces have been rearranged to meet specific tenant needs. The conceptual site plan is being amended to reflect these changes. A special exception is requested to allow 47 parking spaces of 162 square feet in area instead of the required 180 square feet. With the proposed special exception to the parking, the request complies with Planned Development 64 zoning district requirements. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit request, including the special exception, and conceptual site plan, subject to the following conditions: 1. The subject property shall be replatted, including the dedication of fire lanes, utility and public access easements, prior to issuance of a building permit. 2. A photometric lighting plan shall be provided and approved by staff prior to issuance of a building permit. 3. Location of transformers and switchgear and associated screening shall be provided and subject to staff approval prior to issuance of a building permit. Mayor Phelps opened the public hearing. A motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant if he was in agreement with conditions recommended by the Planning and Zoning Commission. The applicant replied that he was in agreement. There being no further discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted the following captioned Ordinance No. 2853 approving the request by Bryan Burger on behalf of Direct Development for a SUP. Volume 96, page 78 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 FOR A RETAIL/RESTAURANT BUILDING WITH DRIVE-THROUGH WINDOW, AND CONCEPTUAL SITE PLAN, LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) 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: CONSIDER ADOPTING ORDINANCE NO. 2852 APPROVING THE REQUEST BY DOWDEY, ANDERSON AND ASSOCIATES FOR APPROVAL OF A SPECIFIC USE PERMIT, INCLUDING SPECIAL EXCEPTIONS TO DEVELOPMENT STANDARDS, TO ALLOW A TOWNHOME DEVELOPMENT ON APPROXIMATELY 11.9 ACRES, LOCATED AT 4100 SIGMA ROAD, WITHIN THE PLANNED DEVELOPMENT 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A townhome residential development is proposed to be located at the northwest corner of Sigma Road and Alpha Road. The project includes 184 "for sale" three-story, townhome units, 46 front-entry garage units and 138 rear-entry garage units. The development will be accessed from both Sigma Road and Alpha Road, with a median cut and left-only turn lane proposed on Alpha Road. The development's internal roadway system consists of privately maintained fire lanes and access roadways. All units will be constructed with a minimum of 75 percent masonry cladding. Special exceptions are requested to allow for less than 10% landscaping on individual lots of rear-entry garage units; allow for a greater building coverage for individual townhome lots; and allow tandem parking to be included in the parking space requirement. The development as a whole complies with both the landscaping and building coverage standards. Every unit in the complex will have a two-car garage. The requested special exceptions will facilitate the development of a high-quality, urban-style townhouse subdivision. The proposed site plan is consistent with the conceptual site plan approved by the City Council in January 2005. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit request, including the special exceptions, subject to Volume 96, page 79 the following conditions: 1. The subject property shall be replatted including the dedication of fire lanes, and public water and sanitary sewer, access, and private drainage easements, prior to issuance of a building permit. 2. The applicant shall provide a letter of approval from TXU regarding any proposed access to the TXU substation prior to issuance of a building permit. The Alpha Road entrance portion and western portion of the access proposed as an all-weather road surface shall be subject to administrative approval, prior to issuance of a building permit. 3. The architectural design elements for rear entry garage townhome elevations shall be subject to administrative approval prior to issuance of a building permit. 4. The design of the underground storm water filtration and speed reduction system at the northwest corner of the development shall be subject to administrative approval prior to issuance of a building permit. 5. A Property Owner's Association shall be established prior to plat approval. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman O'Hare, all voting "aye," closed the public hearing. Matthew Alexander, representing the developer, reviewed and showed renderings of the townhome residential development. There being no further discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Bird, all voting "aye," adopted the following captioned Ordinance 2852 to allow a townhome development at 4100 Sigma Road. 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 A RESIDENTIAL TOWNHOME DEVELOPMENT LOCATED AT 4100 SIGMA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) 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. D.1 CONSIDER ADOPTING ORDINANCE NO. 2854 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 3 AND PLACE 5 ON MAY 13, 2006 AND TAKE THE APPROPRIATE ACTION. Volume 96, page 80 Mayor Phelps presented the following information. On May 13, 2006 an election for Place 3 and Place 5 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road, and the Crosby Road Recreation Center at 1610 Crosby Road, Carrollton, Texas. Place 3 and Place 5 will serve three-year terms. Early voting shall be conducted in the city hall on the following dates: Monday, May 1, 2006, and continue through Friday, May 5, 2006, between 8:00 a.m. and 5:00 p.m.; Saturday, May 6, 2006, between 8:00 a.m. and 5:00 p.m.; Sunday, May 7, 2006, between 1:00 p.m. and 6:00 p.m.; and Monday, May 8, 2006, and Tuesday, May 9, 2006, between 7:00 a.m. and 7:00 p.m. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2854. There being no discussion, a motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting " aye," adopted the following captioned Ordinance No. 2854 issuing the Election Order calling for a City Council Election for Place 3 and Place 5 to be held on May 13, 2006. ORDER CALLING AN ELECTION FOR COUNCIL MEMBER PLACE 3 AND COUNCIL MEMBER PLACE 5. D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or committee and organization 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 4:47 P.M. AND THEN CONCLUDED AT 6:05 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. Volume 96, page 81 Mayor Phelps explained that staff was present to discuss this item with City Council. E.2 DISCUSS LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, purchase, trade or lease of properties in the DART Station Area located in Farmers Branch, Texas. Mayor Phelps explained that staff was present to discuss this item with City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss Anthony Anderson, et al vs. City of Farmers Branch. Discuss City of Farmers Branch vs. Ford. Mayor Phelps explained that staff was present to discuss this item with City Council. EA DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss personnel issues related to the Police Department. Mayor Phelps explained that staff was present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated that staff updated City Council on items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tern Bird, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of February 6, 2006 at 6:53 p.m. I a~2, Bob Phelps, Mayor Cindee Peters, City Secretary Volume 96, page 82