Loading...
2009-10-20 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, October 20, 2009 City Council Chambers 6:00 P.M. The following members of the Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem. Council members Tim O'Hare David Koch Tim Scott Harold Froehlich Ben Robinson Michelle Holmes The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Matt Benoit City Secretary Cindee Peters Acting Assistant City Manager Traci Leach City Attorney Pete Smith Finance Director Charles Cox Director of Parks and Rec. Jeff Fuller City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Director of Communications Tom Bryson Human Resources Director Kathy Shields Fire Chief Kyle King Director of Equipment Services Kevin Muenchow Planning Director Andy Gillies B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Scott gave the invocation and Mayor Pro Tern Koch led the pledge of allegiance. B.2 PRESENTATION OF AWARD TO THE CITY OF FARMERS BRANCH BY THE GREATER DALLAS REPUBLICANS FOR DONATING SCHOOL SUPPLIES TO BEA'S KIDS. Volume 102, page 145 Ms. Alexandra Fincher, President of the Greater Dallas Republicans presented Mayor O'Hare with an award for the school supplies that were donated to Bea's Kids. B.3 PRESENTATION OF THE 2009 SPORTS HALL OF FAME AWARD. Mayor O'Hare presented the 2009 Sports Hall of Fame Award to Ramy Bidopia with the D'feeters Soccer Club. B.4 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. Mayor O'Hare reminded everyone of the "Encounters from the Past" at the Keenan Cemetery, Halloween in the Park and the Town Hall meeting scheduled for November 5rh at the Senior Center. B.5 REPORT ON STUDY SESSION ITEMS. Members of the City Council gave a brief explanation of items discussed in study session. B.6 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. There were no board applications presented. C.0 CONSENT ITEMS. 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 Tern Koch, a second by Councilman Froehlich, all voting "aye", approved the consent agenda as amended by removing item C.3 to be heard as item E.5. C.I APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 6, 2009. Volume 102, page 146 C.2 EXCUSED THE ABSENCE OF COUNCILMEMBER TIM SCOTT AT THE OCTOBER 6, 2009 MEETING. CA ADOPTED RESOLUTION NO. 2009-077 ACCEPTING A RIGHT-OF-WAY DEDICATION DEED FROM GOODSON DUDLEY ENTERPRISES, INC. LOCATED AT 12803 DEMETRA DRIVE. C.5 ADOPTED RESOLUTION 2009-080 AMENDING THE COUNCIL COMMUNICATIONS POLICY TO REMOVE REQUIREMENTS FOR THE USE OF CITY-PROVIDED CELLULAR PHONES TO BE USED EXCLUSIVELY IN CONDUCTING OFFICIAL CITY BUSINESS. D.l PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3062 APPROVING THE REQUEST OF RALSTON VALLEY VIEW, LTD. FOR A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN ALLOWING MOTOR VEHICLE REPAIR, PARTS INSTALLATION AND COMMERCIAL PARKING GARAGE AT 13450 NORTH STEMMONS, SUITE 100, LOCATED IN THE PLANNED DEVELOPMENT NO. 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Planning Director, explained the subject property is a 2.34 acre site with an existing warehouse/office building containing 57,000 square feet. The building is divided into 4 suites. The applicant and owner, Ralston Valley View, LTD., proposes to use the southernmost suite, Suite 100, for either a motor vehicle repair and installation business or as a parking garage for vehicle storage. Suite 100 consists of approximately 11,000 square feet. No outdoor display or storage is included with this request. All activities associated with the requested uses will be performed inside Suite 100. The applicant will be required to comply with all building code standards for any business before obtaining a Certificate of Occupancy. The Planning and Zoning Commission recommends approval of the proposed Specific Use Permit and associated Site Plan subject to the following condition: 1. Prior to issuance of any Certificate of Occupancy for Suite 100, all landscaping as described in a Landscape Plan, submitted by the applicant and approved by City Staff, must be installed. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", closed the public hearing. Mr. Allen Clark, 2711 LBJ Freeway, representing the owner was present to answer any questions the Council might have. There followed a brief discussion concerning this use as an interim use on the property. Volume 102, page 147 A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", reconsidered the prior public hearing closing. After more discussion, Council directed staff to work with the owner to resubmit his application for an SUP as an interim SUP for the property. A motion by Mayor Pro Tem Koch, a second by Councilman Robinson, all voting "aye", tabled this item until the next City Council meeting on November 3, 2009. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3064, AMENDING ORDINANCE NO. 2910 AND APPROVING A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN, INCLUDING A PAVEMENT SETBACK VARIANCE, TO ALLOW FOR EXPANSION OF THE ADJOINING OUTDOOR SOCCER COMPLEX TO INCLUDE APPROXIMATELY 1.6 ACRES LOCATED AT 1641 KEENAN BRIDGE ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 77 (PD- 77) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Planning Director, explained the subject property is the former Metro Valve & Pipe Company site located on the north side of Keenan Bridge Road approximately 350 feet east of Luna Road. The existing 18.54-acre Stewart Soccer complex, operated by the applicant, abuts the site on its east and north sides. A one- story, brick office building, approximately 1,665 square feet in area and a one-story metal maintenance building, approximately 4,800 square feet in area, presently occupy the subject property. In 2007, the City approved a Specific Use Permit and site plan for the adjoining soccer facility comprising six tournament fields and other onsite improvements including parking, lights, and fencing. During the last two years the facility has become a very popular local venue for a variety of competition soccer and lacrosse tournaments. Due to this success, the applicant (Soccer Club, Inc.) has purchased the subject property in order to expand the soccer complex. The existing office building is to be converted into a club headquarters. An addition to the office building's west side will provide public restrooms. The existing maintenance building will be converted to a weight room and training facility. The balance of the site will be paved to provide 74 parking spaces. Additional landscaping improvements are proposed throughout the site. The applicant is also requesting a variance to reduce the required vehicle parking setback along Keenan Bridge Road from 15 feet to 10 feet. The reduced setback would allow maximum use of the property and is consistent with the pavement setback on the adjacent property to the east. Volume 102, page 148 The Planning & Zoning commission voted unanimously to recommend approval of the amended Specific Use Permit and associated Site Plan including the pavement setback variance, subject to the following condition: Prior to the issuance of a Certificate of Occupancy relative to use of the existing metal building for any purpose other than to house property maintenance materials or equipment, the building shall be clad with brick masonry comprising no less than 75% of each exterior wall. Mr. Paul Seward, President of the Soccer Club, explained some of the great thing going on at the complex. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", adopted the following captioned Ordinance No. 3064, amending Ordinance No. 2910, approving the Specific Use Permit and associated Site Plan, including the paving setback variance, as recommended by the Planning and Zoning Commission. ORDINANCE NO. 3064 ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING ORDINANCE NO. 2910 GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR AN OUTDOOR COMMERCIAL AMUSEMENT, INCLUDING VARIANCES DESCRIBED THEREIN, ON PROPERTY LOCATED IN PLANNED DEVELOPMENT DISTRICT NO. 77 (PD-77), BY ADDING TO THE SCOPE OF SAID SPECIFIC USE PERMIT PROPERTY DESCRIBED AS LOT 1, BLOCK 1, GREGORY ADDITION, CITY OF FARMERS BRANCH, TEXAS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "A" FOR SAID ADDITIONAL PROPERTY; PROVIDING ADDITIONAL SPECIAL CONDITIONS; PROVIDING FOR A VARIANCE RELATING TO MINIMUM PAVING SETBACK ON SAID ADDITIONAL PROPERTY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. E.1 PRESENTATION BY SISTER CITY COMMITTEE TO UPDATE THE COUNCIL ON UPCOMING ACTIVITIES. Chairwoman Janie Scarbrough and Sister City Committee members Romona Upfield and Nancy Hardie, provided an update to the City Council of upcoming Sister City activities. Volume 102, page 149 E.2 Consider adopting Ordinance No. 3054 amending Chapter 50 of the Code of Ordinances allowing the possession and consumption of alcoholic beverages for approved events in City parks and take appropriate action. Mayor O'Hare announced this item had been rescheduled to the November 3, 2009 City Council meeting. E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-079 DECLARING THE PROPERTIES AT 13000 AND 13100 JOSEY LANE AS CONTAINING DANGEROUS STRUCTURES, AND AUTHORIZING EXECUTION OF REAL ESTATE PURCHASE AGREEMENTS FOR THE PURCHASE OF SAID PROPERTIES AND DEMOLITION OF THE STRUCTURES THEREON; AUTHORIZING SUCH ADDITIONAL TASKS AS MAY BE NECESSARY TO OBTAIN CLEAR TITLE TO SAID PROPERTIES; AND PROVIDING FOR AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. For a number of years, the properties located at 13000 and 13100 Josey Lane have had code enforcement violations and issues with public safety. Upon a thorough inspection by City Building Official Jim Olk, a determination was made that both buildings qualified as Dangerous Structures as provided in Subchapter C, Chapter 271, of the Texas Local Government Code. City Council conducted an independent tour of these facilities and reached an identical conclusion. The Attorney General was contacted and has pre- approved Council's findings. On September 15, 2009 City Council authorized the sale of $10 million of Certificates of Obligation to acquire and demolish dangerous structures. The properties in question are under contract by the City's Developer, McDougal Development, and a purchase agreement is in place between the City and the Developer. The total purchase price, including the lease on the Albertson's building and estimated demolition and tenant relocation cost, is $6,835,500. This is $864,500 less than originally contemplated. City Administration recommends adopting Resolution No. 2009-079 finding the properties located at 13000 and 13100 Josey Lane as being Dangerous Structures and authorizing the purchase of said properties utilizing funds from Certificates of Obligation issued for the acquisition and demolition of Dangerous Structures. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye", adopted Resolution No. 2009-079. EA CONSIDER ADOPTING RESOLUTION 2009-078 APPROVING ECONOMIC DEVELOPMENT INCENTIVES FOR THE RESIDENTIAL DEMOLITION/REBUILD PROGRAM AND TAKE APPROPRIATE ACTION. John Land, Director of Economic Development explained the availability of quality housing stock in the City of Farmers Branch encourages the relocation of businesses, attracts new businesses, and promotes expansion of existing businesses to and within the Volume 102, page 150 City, all of which in turn will stimulate growth, create jobs, and increase property and sales tax revenues. In an effort to accomplish this, the City Council enacted a Residential Demolition/Rebuild Program pursuant to Chapter 380 of the Texas Local Government Code to encourage the redevelopment of existing one-family detached residential properties with the construction of new, higher value, one-family detached residential structures. Currently, there are three requests to consider. Thomas H. and Dorothy M. Shore are applying for incentives to demolish and construct a new one-family detached residential dwelling at 3135 Brookhollow Drive. Marcel P. and Susan E. Brunel are applying for incentives for a new one-family detached residential dwelling at 2717 Farmers Branch Lane, and David W. and Carole M. Klaudt are applying for incentives for a new one- family detached residential dwelling at 13442 Briarbrook Drive. The latter two of these projects have already been demolished and constructed, but are being considered because their projects were between our previous incentive program, which called for application to be made after demolition, and our new program which specifies application is to be made prior to demolition. City Administration recommends that City Council adopt Resolution No. 2009-078 approving all three applications for the Residential Demolition/Rebuild Program and take appropriate action. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye", adopted Resolution No. 2009-078 approving Residential Demolition/Rebuild Program applications. E.5 ADOPTED RESOLUTION NO. 2009-076 AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL AGREEMENT WITH BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS. Jeff Fuller, Director of Parks and Recreation, explained the Holiday Lights Tour has been in operation since 1991 and over the years has become a popular holiday tradition for many. Staff has been investigating ways to rejuvenate and improve the program. In comparing rental of new displays and the actual purchase, staff found that renting allowed for a variety of new displays that could be changed more often and give the Holiday Lights Tour a fresh look. Brandano Displays, Inc. offers a rental program that would help achieve the goal of freshening up the Lights Tour by adding new displays and themes. The rental agreement is renewable for three holiday seasons based on annual budget approval and costs $59,256.92, which includes a 20% discount with additional freight costs not to exceed $6,000. Purchasing a similar number of displays would cost approximately $217,051. Funding for the 2009 holiday program was approved and is available in the 2009-10 budget. Volume 102, page 151 Councilman Robinson stated this was not needed at this time and would like to see this item deferred until the economy turns around. A motion by Councilman Scott, a second by Councilman Froehlich, with Scott, Holmes and Froehlic voting "aye", and Councilman Robinson and Koch voting "nay" to adopt Resolution No. 2009-076 to execute a rental agreement with Brandano Displays, Inc. for holiday displays. The motion carried by a 3 to 2 vote. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 4:37 AND THEN CONCLUDED AT 5:25 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. F.1 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 O'Hare explained staff was present to discuss this item with the City Council. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated no action was necessary for items discussed in executive session. G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilwoman Holmes, all voting "aye", adjourned the City Council meeting of October 20, 2009 at a6:.m. JAL Mayor City Secretary Volume 102, page 152