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2004-10-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 18, 2004 The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Acting City Manager Greg Vick City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney John Boyle Director of Community Services Michael Spicer Director of Economic Development Norma Nichols Fire Chief Kyle King Police Chief Jimmy Fawcett Library Director Danita Barber City Engineer Jerry Murawski Director of Communications Tom Bryson Director of Public Works Mark Pavageaux Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Recording Secretary Suzanne Reynolds The following members of Administration were present: The following members of Administration were absent: City Manager Assistant City Manager 0 Bob Phelps Bill Moses Charlie Bird Paul Walden Junie Smith Ben Robinson Linda Groomer Mary Jane Stevenson Mayor Phelps called the City Council meeting of October 18, 2004 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Volume 94, page 34 Mayor Phelps presented the invocation and led the pledge of allegiance. Mayor Phelps read a thank you note regarding the Special Olympics. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the item discussed in Study Session prior to the regular meeting. Mayor Phelps complimented the Police Department and police dog on a mutual aid incident in Addison. 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 the consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. B.l APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 4, 2004. B.2 ADOPTED RESOLUTION NO. 2004-116 GRANTING A TRANSMISSION LINE EASEMENT AND RIGHT-OF-WAY ALONG I-35E AND CARRICK STREET TO TXU ELECTRIC DELIVERY COMPANY. B.3 ADOPTED RESOLUTION NO. 2004-113 APPROVING CHANGE ORDER NO. 3 TO A DESIGN/BUILD CONTRACT WITH CENTEX/HKS II, L.L.C. FOR THE CONSTRUCTION OF THE FARMERS BRANCH DR PEPPER STARCENTER AND CONFERENCE CENTER FACILITIES. Deputy Mayor Pro Tern Bird asked when the StarCenter and Conference Center facilities would be open. Assistant to the City Manager John Roach replied the StarCenter would be open on November 1, 2004. Volume 94, page 35 C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER THE SPECIFIC USE PERMIT REQUEST TO ALLOW FOR OUTSIDE STORAGE WITH VARIANCES TO THE SCREENING AND LOCATION REQUIREMENTS, LOCATED AT 1901 HUTTON COURT, WITHIN PLANNED DEVELOPMENT DISTRICT NUMBER 22, CONSIDER ORDINANCE 2795, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is improved with a one-story vacant office warehouse building approximately 111,600 square feet in area. The applicant seeks to lease approximate 62,000 square feet for the production of plastic packaging components used in the sealant and adhesive industry. The proposed manufacturing use is allowed in the Planned Development 22 zoning district. A critical component of the manufacturing process involves the use of high- density polyethylene, an inert, non-hazardous solid that is stored in silos located outside the building. Proposed outside storage also includes chiller and air compressor units, an electric transformer, and cooling tower. Outside storage in the PD-22 zoning district requires approval of a specific use permit. The placement of outside storage and its visibility from public streets and adjacent properties are criteria for evaluating the specific use permit application. The application seeks variances to screening and placement requirements for outside storage. Screening the proposed silos with a comparable tall screening wall is not practical because of their height. Therefore, the application proposes planting low-level shrubs next to the proposed outside storage to screen the view from close distance and a combination of trees and shrubs in strategic locations to diffuse the view from the more distant public streets and adjacent properties. The proposed screening and the discreet rear location of the outside storage combined with the extensive existing landscaping on-site, within the flood control channel, and adjacent properties serve to diffuse the view of the proposed outside storage from public streets and adjacent properties. The Planning and Zoning Commission unanimously recommends approval of the specific use permit request and associated variances. Mayor Phelps opened the public hearing. Volume 94, page 36 Charlie Buescher, 800 Klein Road, representing Fischbach USA, stated he was present to ask for Council's approval of the specific use permit and is available for any questions. John Wells, 13521 Heartside Place, expressed his concerns on environmental issues regarding the manufacturing of plastics. A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. Mr. Buescher stated there are no environmental problems and the product made is (pvc) polyvinyl chloride. Deputy Mayor Pro Tern Bird asked about the screening walls. Director of Planning Kaizer Rangwala stated screening would be a combination of heights. He stated it would not be possible to visually screen the 59-foot silos. Therefore the view would be diffused from proximity, as well as, from the distance of public streets and adjacent properties with a combination of trees and shrubs. Deputy Mayor Pro Tern Bird asked if red tip photenia would be used. Mr. Buescher replied yes, as well as, evergreen hollies, which would be green throughout the year. Councilman Walden asked if there was an irrigation system. Mr. Rangwala replied there is an irrigation system on the site plan. There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2795 approving the specific use permit including the requested variances. 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 OUTSIDE STORAGE INCLUDING VARIANCES TO THE SCREENING AND LOCATION REQUIREMENTS, ON AN APPROXIMATELY 4.94-ACRE TRACT OF LAND LOCATED AT 1901 HUTTON COURT AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) 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. 2796 APPROVING THE REQUEST BY DALLAS STARS, L.P. FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AT THE DR PEPPER STARCENTER AND Volume 94, page 37 CONFERENCE CENTER LOCATED AT 12700 STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Dr Pepper StarCenter and Conference Center facility is approximately 93,400 square feet in area and houses two National Hockey League regulation-size ice rinks, conference meeting rooms, a retail store, food grill, sports bar area and coffee shop. The food grill is located on the first floor and the sports bar area is on the second floor. The first floor grill, including the seating area, is approximately 2,500 square feet in area. The second floor sports bar, including seating area, is approximately 1,900 square feet in area. Proposed hours of operation for the grill are 11:00 a.m. to 9:00 p.m. weekdays and 8:00 a.m. to 9:00 p.m. on Saturday and Sunday. Proposed hours of operation for the sports bar are 4:00 p.m. to 2:00 a.m. daily. Special events will occur at various times within the facility and alcoholic beverages may be served during those events. The applicant does not plan to sell alcohol on the first floor, except during special events and conferences. There will be no exterior advertising of alcohol sales. An alcohol awareness program has been submitted by the applicant, as required by the Ordinance, which addresses personnel training, verification of customer identification, an alcohol limits policy, and transportation for customers. The request complies with the requirements established in the Comprehensive Zoning Ordinance regulating on-site sales and consumption of alcoholic beverages. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan, floor plan, plan of operation and alcohol awareness program. Mayor Phelps opened the public hearing. Todd Cochran, 2601 Avenue of the Stars, representing the Dallas Stars, stated he would be available to answer any questions. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Councilman Robinson asked about the closing of the StarCenter at 2 a.m. Mr. Cochran replied it allows the organization to establish the outside perimeter based on the flow of business. Councilman Robinson asked what the hours of operation would be for skating. Mr. Cochran replied it would vary depending on the hockey season and special events. Volume 94, page 38 Deputy Mayor Pro Tem Bird asked if it included Saturday nights. Mr. Cochran said it would include Saturday nights. Deputy Mayor Pro Tem Bird asked if the ordinance allows for sale of alcohol until 2 a.m. Acting City Manager Greg Vick replied 2 a.m. is the maximum by state law. Mr. Cochran stated there would not be any sale of alcohol until noon on Sundays. Deputy Mayor Pro Tem Bird asked if alcohol would be sold on the first floor during special events. Mr. Cochran replied yes if there was for example a banquet dinner; it is not intended to sell alcohol during the hockey games in the stands. Mayor Pro Tem Moses asked if there are any safeguards to prevent patrons leaving the building with an alcoholic beverage. Mr. Cochran stated staff would monitor patrons when they leave. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2796 approving the specific use permit, including the associated site plan, floor plan, plan of operation and alcohol awareness program. J 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 ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT TO BE LOCATED AT 12700 STEMMONS FREEWAY (IH-35E), GENERALLY AT THE SOUTHEAST CORNER OF CARRICK STREET AND STEMMONS FREEWAY (IH-35E) FRONTAGE ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH FREEWAY SUBDISTRICT (PD-70, OFB-FW) 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 RESOLUTION NO. 2004-114 AWARDING BIDS FOR PHASE II OF THE FARMERS BRANCH COMMUNITY RECREATION CENTER PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Community Recreation Center opened in January 2004. Subsequently, discussions have taken place with the City Council regarding potential future use of the vacated Don Showman Recreation Center. The decision was made to demolish the building and complete the site amenities. Volume 94, page 39 Installation of the emergency generator and related items for the Community Recreation Center is underway and should be complete in November. Abatement of the vacated recreation center, which must be completed before demolition, should take place in November. When abatement is completed, staff will be able to proceed with Phase II of the Community Recreation Center project. Phase II includes: building demolition; removal of the old parking lot in front of the former recreation center; installation of new parking areas; and installation and modification of site lighting. Gallagher Construction Management Services served as the construction manager for Phase I of the project and will continue in that role for Phase II. Nine bids for three trade packages, demolition, concrete, and electrical, were received and opened for Phase II on September 28, 2004. The total of low bids meeting specifications is $391,824. Funds are available in the non-bond Capital Improvement Project. The project budget is $8.9 million and there is an unencumbered balance of approximately $800,000. Councilman Robinson made a comment in regards to the budget. He stated there were several projects coming in under budget and there was no need to have a tax increase. Deputy Mayor Pro Tern Bird commented that sales tax has been down for the last two months. Councilman Walden asked what the balance on this project budget was. Parks and Recreation Direction Jeff Fuller stated Phase II will complete the recreation project and there will be approximately $300,000 left over from the project budget. There being no further discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2004- 114 awarding bids in the amount of $391,824 for Phase II of the Community Recreation Center project. D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-117 APPROVING STREETS FOR INCLUSION IN THE 2004-2005 STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An important element of the City's commitment to maintain its streets is the Street Resurfacing Program. The following streets have been recommended for asphalt resurfacing this year: STREETS: LIMITS: Brisbane Avenue Myra Lane to Brincrest Drive Cherrydale Lane Glenside Drive to Belfield Drive Volume 94, page 40 [1 Dennis Lane Eric Lane Heartside Place Hollandale Lane Littlecrest Drive Longmeade Drive Maydelle Lane Primrose Lane Rawhide Parkway Springvale Lane ALTERNATE STREETS: Bergin Lane Golfing Green Drive Golfing Green Court Valley View Lane to Josey Lane Josey Lane to Webb Chapel Road Valwood Parkway to Fyke Road Queens Chapel Road to Webb Chapel Road Josey Lane to Rawhide Parkway Dennis Lane to Rawhide Parkway Josey Lane to Austell Parkway Veronica Road to Webb Chapel Road Josey Lane to Webb Chapel Road West cul-de-sac to Josey Lane Cochise Lane to Heartside Place Webb Chapel Road to Brookhaven Club Drive Golfing Green Drive to cul-de-sac If approved by Council, notices will be sent to property owners abutting the streets to be resurfaced, including the alternate streets, and a public notice will be prepared for publication in local newspapers. The notification will inform residents of the petition process required to request a public hearing to discuss the procedures to be followed to have their street reconstructed with reinforced concrete in lieu of asphalt resurfacing. If a street is removed from the list due to the residents' request that their street not be resurfaced, a street from the alternate list will be selected to replace the deleted street. The Non-bond Capital Improvement Program has $1,000,000 budgeted for the 2004-2005 Street Resurfacing Program. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2004-117 approving streets for inclusion in the 2004-2005 Street Resurfacing Program and initiating the notification of property owners. D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-115 APPROVING A SETTLEMENT AGREEMENT WITH HORSESHOE CONSTRUCTION, INC. RELATIVE TO A CONTRACT FOR THE REHABILITATION OF SIX WATER LINES AND SEVEN SANITARY SEWER LINES AND AWARDING CONTRACT FOR THE REHABILITATION OF THE WATER LINES AND SANITARY SEWER LINES TO HALL ALBERT CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On August 5, 2004, three bids were received and opened for the rehabilitation of six water lines and seven sanitary sewer lines throughout the City. Horseshoe Construction, Inc. submitted the lowest bid in the amount of $1,424,661.10. On August 16, 2004, the City Volume 94, page 41 Council awarded the bid to Horseshoe Construction, Inc., and Horseshoe Construction and the City executed the contract to perform the work. Just before the work was to proceed, Horseshoe Construction, Inc. requested that they be released from the contract because one of its major subcontractors was not able to perform its portion of the work. A settlement agreement has been negotiated that sets forth the conditions by which Horseshoe Construction, Inc. will be released from the contract. Specifically, Horseshoe Construction, Inc. will pay the cost difference between its bid and the next lowest bid plus legal fees. The next lowest bid was submitted by Hall Albert Construction Company in the amount of $1,440,705.48. The difference in the bids and the legal fees totals $16,544.38. Hall Albert Construction Company has agreed to enter into a contract at its bid price of $1,440,705.48. Hall Albert Construction Company has adequate references and qualifications to perform the work and has performed satisfactorily for the City before on other similar projects. The release of Horseshoe Construction, Inc. from the contract under the terms of the settlement agreement and the award of the contract to Hall Albert Construction Company will not result in any additional cost to the City for the rehabilitation of six water lines and seven sanitary sewer lines. Mayor Pro Tern Moses asked when the City would receive the funds from Horseshoe Construction. City Engineer Jerry Murawski replied the check is in hand. Deputy Mayor Pro Tern Bird asked about the legal fees. Mr. Murawski replied there was a settlement agreement, which kept the legal fees down. There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2004-115 approving a settlement agreement with Horseshoe Construction, Inc. releasing the company from the contract for the rehabilitation of six water lines and seven sanitary sewer lines and awarding the contract for the rehabilitation of the water lines and sanitary sewer lines to Hall Albert Construction Company in the amount of 1,440,705.48. DA CONSIDER ADOPTING RESOLUTION NO. 2004-118 APPROVING THE TAKEOVER AGREEMENT, FOR THE REPLACEMENT OF THE EXISTING SANITARY SEWER LIFT STATION AT VALWOOD PARKWAY AND IH35E WITH A GRAVITY FLOW SANITARY SEWER PROJECT, WITH EVERGREEN NATIONAL INDEMNITY COMPANY AND TAKE APPROPRIATE ACTION. Volume 94, page 42 Mayor Phelps presented the following information. The replacement of the existing sanitary sewer lift station at the southwest corner of Valwood Parkway and IH35E with a gravity flow sewer was awarded to Rycon, Inc. on August 4, 2003 in the amount of $163,475.00. On May 25, 2004 the City Council approved Change Order No. 1, for additional casing pipe in the amount of $19,620.00 for a total contract amount of $183,096.00. Rycon, Inc. completed a portion of the project and received progress payments for that work in the amount of $52,425.00. Rycon, Inc. subsequently defaulted on the contract by failing to complete the entire project. Evergreen National Indemnity Company provided the performance bond for the project and has taken the responsibility for completing the project. Evergreen has provided a Takeover Agreement to the City of Farmers Branch wherein Evergreen will complete the project as the contractor using subcontractor Arnold Construction Company to perform the work. The City will make progress payments to Evergreen as the work progresses with the total amount not to exceed the unpaid balance of the contract. Because this is a Takeover Agreement, the existing payment, performance and maintenance bonds will remain in effect. Evergreen has committed to begin the completion contract on October 25, 2004 and be completed within 60 calendar days or by December 24, 2004. There being no discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tern Moses, all voting "aye" adopted Resolution No. 2004-118 approving the Takeover Agreement for the replacement of the existing sanitary sewer lift station at Valwood Parkway and IH35E with Evergreen National Indemnity Company for the completion of this project. D.5 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this would be on the November 1, 2004 City Council meeting. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Pro Tern Moses reported on the Senior Adivsory Board Meeting he attended on Thursday, October 14th. Councilwoman Smith reported on the last lecture forum by the Greater Dallas Planning Council, which she attended on October 7th. Councilwoman Smith also reported on the Planning Division's Winter Speakers Series, focusing on Making Smart Money Moves by Ken Hughes with United Commercial Development. Volume 94, page 43 Councilman Walden stated he also attended the lecture that Councilwoman Smith attended. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. 1 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:31 P.M. AND THEN CONCLUDED AT 7:15 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 LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land acquisition of property located in the Farmers Branch DART Station Area and take any necessary action during the public segment of the meeting. Mayor Phelps explained that staff was present to discuss this item with the City Council. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss pending or contemplated litigation related to the environmental cleanup efforts of Wellmark International, located at 12200 Denton Drive in Dallas. Mayor Phelps explained that staff was present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated staff updated the City Council on the items in Executive Session and no action was necessary. Volume 94, page 44 r~ 1 F.2 ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", adjourned the City Council meeting of October 18,.2004 at 8:15 p.m. Bob Phelps, Mayor J Cindee Peters, City Secretary Volume 94, page 45