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2009-11-17 CC Minutes City of Farmers Branch City Council Meeting Agenda City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 17, 2009 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tern David Koch Deputy Mayor Pro Tern Tim Scott Council members Harold Froehlich Ben Robinson Michelle Holmes The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Matt Benoit Assistant City Manager Shanna Sims-Bradish City Secretary Cindee Peters 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 Management Assistant Traci Leach Planning Director Andy Gillies B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Tim Scott gave the invocation and Mayor Pro Tem. David Koch led the pledge of allegiance. B.2 PRESENTATION TO CITY COUNCIL OF AWARDS WON BY THE PARKS AND RECREATION DEPARTMENT AT THE RECENT TEXAS RECREATION AND PARKS SOCIETY CONFERENCE. Volume 103, page 9 Park and Recreation Board Chair Margaret Young presented an award to City Council and recognized Parks staff that won First Place at the Texas Recreation and Parks (TRAPS) Region 2 & 3 Equipment Rodeo. Historical Preservation and Restoration Board Chair Jamie Jewell presented an award to City Council and recognized Barbara Judkins, Historical Park Museum Educator, who won the Lone Star Programming Award at the Texas Recreation and Parks Region 2 & 3 Conference. B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor O'Hare a second by Councilman Scott, all voting "aye", reappointed Phil Sizer and Robert Schies to the Zoning Board of Adjustment and Building Code Board of Appeals. A motion by Mayor Pro Tem David Koch, a second by Councilman Robinson, all voting "aye", reappointed Dr. Mark Spiegel to Metrocrest Hospital Authority. A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye", appointed Fred Ferguson to the Business Community Relations Board. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", appointed Paul Morrison to the Senior Advisory Board. B.4 REPORT ON STUDY SESSION ITEMS. Members of the City Council gave a brief explanation of items discussed in study session. 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. There were no items discussed. 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. Volume 103, page 10 A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye", approved the consent agenda. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 3, 2009. D.1 PUBLIC HEARING: TO CONSIDER ADOPTING ORDINANCE NO. 3065 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH THE TEXAS HUMAN RESOURCE CODE, SECTION 42.041(B)(14) AND TAKE APPROPRIATE ACTION. Jeff Fuller, Director of Parks & Recreation, explained during the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting municipal youth recreation programs from child care licensing requirements. The Senate Bill is reflected in the Texas Human Resource Code, Section 42.041(b)(14) establishing requirements to exempt recreational programs operated by municipalities for elementary age (5-13) children from State child care licensing provided the governing body of the municipality adopts Standards of Care by ordinance after a public hearing. The Standards of Care address overall health and safety issues, such as leader to participant ratios and facility requirements. The City has numerous policies and procedures that go beyond the requirements and are directed to critical areas such as age, behavior expectations, and proof of residency. Changes to the Standards of Care are proposed by staff and are housekeeping in nature, not state mandated, based on the elimination of the After School Program. A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye" adopted the following captioned Ordinance No. 3065 relative to the Youth Programs' Standards of Care. ORDINANCE NO. 3065 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH PROGRAMS OFFERED BY THE FARMERS BRANCH PARKS AND RECREATION DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3060 TO CHANGE THE ZONING OF A 1.4 ACRE TRACT LOCATED AT 3135 BROOKHOLLOW DRIVE FROM ONE-FAMILY RESIDENCE DISTRICT 1 (R-1) TO PLANNED DEVELOPMENT DISTRICT NO. 94 (PD-94) ALLOWING DETACHED SINGLE FAMILY RESIDENTIAL DEVELOPMENT ONLY, ESTABLISHING SPECIFIC DEVELOPMENT STANDARDS, AND INCLUDING AN ASSOCIATED SITE PLAN AND TAKE APPROPRIATE ACTION. Andy Gillies, Planning Director, explained the subject property is a 1.4 acre tract having frontage along both Brookhollow Drive and Spur Trail. The applicant proposes to Volume 103, page 11 demolish the existing house, subdivide the tract into two lots and build two new homes. Both new lots would contain at least 30,000 square feet (approximately 0.7 acre each) and be limited to single-family, detached residential land use. The proposed Planned Development District No. 94 (PD-94) establishes specific development standards pertaining to all future redevelopment on the site. Proposed standards include building setback lines, building height requirements, exterior-fagade masonry requirements and landscaping requirements. As part of proposed PD-94, a site plan has been submitted showing how the proposed development standards would affect development of the two lots. The proposed PD-94 is compatible with the existing character of the neighborhood and consistent with the Comprehensive Plan. This item is consistent with Core Value #3, "Providing strong, thriving commercial and residential neighborhoods through planning, land use, development, code enforcement, revitalization activities, and programs." The Planning & Zoning Commission voted to recommend approval of the proposed Planned Development District Number 94 (PD-94), as defined in Ordinance No. 3060 and including a Site Plan (Exhibit "C"). Written opposition to this request has been received from owners of property exceeding 20% of the land area located within 200 feet of the property for which the zoning change is requested. Consequently, in accordance with state law, an affirmative vote of at least three-fourths of the City Council is required to approve the zoning change request. Mayor O'Hare opened the public hearing. Mr. Tom Shore, owner of the property, gave a brief presentation on his request. Mr. Guy Courtney, architect for the owner, also gave a brief presentation on the proposed development. Mr. Robert terKuile, gave a brief presentation for several property owners opposed to the rezoning. The following people spoke in opposition to the request: 1. Kevin Kirksey - 3146 Spur Trail 2. Duane Violet - 3184 Brookhollow 3. John Brownlee - 3116 Brookhollow 4. Stanley Saikeytic - 3178 Brookhollow 5. Beth Wood - 3184 Brookhollow 6. Huloa Wood - 3135 Brookhollow 7. Christina Morris - 3165 Spur Trail Volume 103, page 12 8. Greg Cornwell - 3152 Spur Trail The following people spoke in favor of the request: 1. Ed Bates - 3328 Towerwood 2. John Alston - 6005 Yorkville 3. Jay Freeman - 3311 Chaparral 4. Herb Lee - 14040 Welch 5. Valerie Freeman - 3311 Chaparral 6. Amanda Radle - 3135 Brookhollow 7. Gail Cope - 3140 Brookhollow 8. Eric Radle - 3135 Brookhollow 9. Dorthy Shore - 3135 Brookhollow A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye", closed the public hearing. There followed a lengthy discussion between the City Council and residents concerning the PD zoning, fences, lot sizes, square footage of the new homes, and the integrity of the neighborhood. A motion by Councilman Froehlich, a second by Councilwoman Holmes, all voting "aye", adopted the following captioned Ordinance No. 3060. ORDINANCE NO. 3060 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 1.44 ACRE TRACT OF LAND OUT OF THE H.C. MARSH SURVEY, ABSTRACT NO. 915, CITY OF FARMERS BRANCH, DALLAS COUNTY. TEXAS, GENERALLY LOCATED AT 3135 BROOK HOLLOW DRIVE, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" HERETO, FROM ONE-FAMILY RESIDENTIAL DISTRICT 1 (R-1) TO PLANNED DEVELOPMENT NUMBER 94 (PD-94) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES AND DEVELOPMENT STANDARDS; INCLUDING A SITE PLAN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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: TO CONSIDER WRITTEN AND/OR ORAL OBJECTIONS REGARDING THE LEVYING OF ASSESSMENTS ON PROPERTY LOCATED WITHIN PUBLIC IMPROVEMENT DISTRICT NUMBER TWO; AND ADOPTING ORDINANCE NO. 3066 LEVYING A SPECIAL ASSESSMENT AND CREATING AN ASSESSMENT LIEN ON PROPERTY LOCATED IN PUBLIC IMPROVEMENT DISTRICT NUMBER TWO; PROVIDING FOR METHOD OF PAYMENT AND DUE Volume 103, page 13 DATE; PROVIDING FOR ACCRUAL OF INTEREST AFTER A CERTAIN DATE; PROVIDING FOR THE PRIORITY OF SAID LIEN; PROVIDING FOR AUTHORITY TO COLLECT DELINQUENT ASSESSMENTS; ADOPTING A FIVE YEAR SERVICE PLAN; AND, TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained a public hearing is being held to consider written and/or oral objections regarding the levying of assessments on property located within Public Improvement District Number Two for the purpose of funding and constructing improvements to Chapel View Addition No. 1 and Chapel View Addition No. 2. At the close of this public hearing, City Council may consider adopting Ordinance No. 3066 levying a special assessment and creating an assessment lien on property within Public Improvement District Number Two. On September 15, 2009, Resolution No. 2009-068 was adopted accepting the filing of a petition to create a public improvement district and to set a date for a public hearing. On October 6, 2009, a public hearing was held and Resolution No. 2009-075 was adopted authorizing the establishment of the City of Farmers Branch Public Improvement District Number Two. The estimated cost of the improvement is $184,388 and the City will pay $75,000 of this amount with the remaining balance paid for by property assessments. All residential parcels within the Public Improvement District Number Two will pay an annual assessment over five years without interest. Balances remaining after this time period will accrue an annual interest rate of 5%. Of the 116 residential parcels within the Public Improvement District, 17 property parcels abutting the screening wall will pay an annual assessment not to exceed $322 and the remaining property parcels will pay an annual assessment not to exceed $166. Mayor O'Hare opened the public hearing. Mr. Don Kanz, 13130 Glenside, stated he opposed this item. A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye", closed the public hearing. A motion by Councilman Scott, a second by Councilman Froehlich, to adopt the following captioned Ordinance No. 3006, with Scott, Froehlich, Koch and Holmes voting "aye", and Councilman Robinson voting "nay". The motion carried with a 4 to 1 vote. ORDINANCE NO. 3066 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING A SPECIAL ASSESSMENT AND CREATING AN ASSESSMENT LIEN ON PROPERTY LOCATED IN CITY OF FARMERS BRANCH PUBLIC IMPROVEMENT DISTRICT NUMBER TWO; PROVIDING FOR METHOD OF PAYMENT AND DUE DATE; PROVIDING FOR ACCRUAL OF INTEREST AFTER A CERTAIN DATE; PROVIDING FOR THE PRIORITY OF SAID LIEN; PROVIDING FOR AUTHORITY TO COLLECT Volume 103, page 14 DELINQUENT ASSESSMENTS; ADOPTING A FIVE YEAR SERVICE PLAN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RECORDING OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE E.1 CONSIDER ADOPTING RESOLUTION NO. 2009-089 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HAWK CONSTRUCTION IN THE AMOUNT OF $184,388 FOR THE CONSTRUCTION OF A CHAPEL VIEW NEIGHBORHOOD WALL ALONG VALLEY VIEW LANE AND WEBB CHAPEL ROAD AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained on October 6, 2009, the City Council adopted Resolution No. 2009-075 establishing the City of Farmers Branch Public Improvement District Number Two for the purpose of removing an existing neighborhood screening wall surrounding the Chapel View neighborhood adjacent to Valley View Lane and Webb Chapel Road and constructing an eight (8) foot replacement screening wall. The construction of this screening wall furthers Core Value 3, which emphasizes revitalization activities and strong, thriving neighborhoods. The City of Farmers Branch wishes to retain the services of Hawk Construction to construct the wall in an amount not to exceed $184,388. Funds for the project are available in the Non-Bond CIP fund. The City will pay $75,000 of the cost for the screening wall with the remaining balance paid for by assessments against the property located within the Public Improvement District Number Two. A motion by Mayor Pro Tern Koch, a second by Councilman Scott, to adopt Resolution No. 2009-089, with Scott, Froehlich, Koch and Holmes voting "aye", and Councilman Robinson voting "nay". The motion carried with a 4 to I vote. E.2 CONSIDER ADOPTING RESOLUTION NO. 2009-087 AUTHORIZING THE 2009 RESIDENCE HOMESTEAD EXEMPTION INCENTIVE PROGRAM FOR PERSONS WHO QUALIFIED FOR THE RESIDENCE HOMESTEAD EXEMPTION FOR PERSONS 65 YEARS OF AGE AND OLDER PURSUANT TO TAX CODE, SECTION 11.13(3); AUTHORIZE IMPLEMENTATION OF THE PROGRAM; AND, PROVIDE AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained on October 6, 2009, the City Council approved Ordinance No. 3058 increasing the over-65 property tax exemption from $60,000 to $65,000. By state law, this exemption cannot go into effect until the 2010 tax year. Resolution No. 2009-087 provides a one-time incentive of $15.00 to persons who qualified for the residence homestead exemption for persons 65 years of age and older in tax year 2009 pursuant to Chapter 380 of the Texas Local Government Code. For most residents with an over-65 exemption, this incentive payment will offset the 2.5¢ property tax increase adopted for the 2009-2010 fiscal year. The increased over-65 exemption authorized by Ordinance No. 3058 will provide similar property tax relief in subsequent fiscal years. Volume 103, page 15 A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye", adopted Resolution No. 2009-087. E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-088 APPROVING THE PURCHASE OF SKATEWAVE SKATE PARK EQUIPMENT FROM RECREATION CONSULTANTS OF TEXAS THROUGH THE LOCAL GOVERNMENT PURCHASING COOPERATIVE IN THE AMOUNT OF $83,823 AND TAKE APPROPRIATE ACTION. Jeff Fuller, Director of Parks & Recreation, explained the Parks and Recreation Department is ready to proceed with construction of a skate park at Don Showman Park. This project has been planned for several years and has the support of the community and the Parks and Recreation Board. Funds for the skate park are currently available in the Non Bond CIP Fund. Parks Division staff will construct the skate park as part of the 2009-10 annual winter work projects. The skate park will be constructed on part of the Don Showman Park parking lot east of the swimming pool and north of Amber Lane. This area is not needed to meet the parking requirements of the Community Recreation Center. Utilizing the existing pavement for the skate park, instead of pouring a 125'x125' concrete pad as originally planned, will reduce the overall cost by approximately $40,000. Staff is recommending utilizing modular amenities, commonly called obstacles, for the skate park. Staff has done extensive research and believes that modular amenities, which will be delivered to the site, assembled, and installed, is the most cost effective and efficient method for construction of the skate park obstacles. Cost of the modular amenities, purchased through the Local Government Purchasing Cooperative, is $83,823. Total cost of the skate park project, with labor performed in-house, is estimated to be approximately $95,000, which includes modular amenities, security fencing and parking lot modifications. $125,000 has been set aside over the last few years in the Non-Bond CIP for this project. Construction of the skate park furthers Core Value 4, which encourages the provision of a variety of recreational and entertainment opportunities for all ages. Ms. Margaret Young, Chairperson for the Board and Recreation Board explained this project has been on the drawing board for approximately 10 years and was in favor of moving the project forward. Mayor Pro Tern Koch stated he would like to see this project postponed for several months to see the current economy recover. A motion by Councilman Robinson, a second by Councilman Froehlich to adopt Resolution No. 2009-088, with Robinson, Holmes, Scott and Froehlich voting "aye" and Councilman Koch voting "nay". The motion carried with a 4 to 1 vote. Volume 103, page 16 EA CONSIDER ADOPTING RESOLUTION NO. 2009-091 AWARDING THE BID FOR VALLEY VIEW AND MIRA LAGO MEDIAN LANDSCAPE AND IRRIGATION IMPROVEMENTS TO AMERICAN LANDSCAPE SYSTEMS, INC. IN THE AMOUNT OF $496,163.55 AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, explained median enhancements are budgeted in the 2009-10 Capital Improvement Program for Mira Lago Boulevard from Luna Road to the IH635 frontage road and for Valley View Lane from Nicholson Road to the President George Bush Turnpike. The median enhancements for Mira Lago Boulevard include irrigation, street lighting, landscaping, and a monument. The median enhancements for Valley View Lane include irrigation and landscaping. There is a total of $598,813 budgeted for these improvements. A total of $342,396 is available in the DART Local Assistance Project fund, and a total of $256,417 is available in the Tax Increment Financing #1 fund. On October 29, 2009 six bids were received and opened for the Valley View and Mira Lago Median Landscape and Irrigation Improvements. Five of the six bids met specifications. One bid, which was not the lowest bid, was not accepted because it was incomplete. The lowest qualified bid meeting specifications was received from American Landscape Systems, Inc. in the amount of $496,163.55. American Landscape Systems, Inc. has satisfactorily completed similar projects for the City. The time of completion for this work is 90 calendar days. Upon completion of the improvements, Prime Income Asset Management, and its subsequent property owners association, will maintain the improvements on Mira Lago Boulevard and the improvements on Valley View Lane between Davis Lane and the President George Bush Turnpike. The City will maintain the improvements on Valley View Lane between Nicholson Road and Davis Lane. This item furthers Core Value #4, "Providing beautifully maintained natural environments, parks, rights-of-way, and green space and a wide variety of quality recreational and entertainment opportunities for all ages." City Administration recommends adopting Resolution No. 2009-091 awarding the bid for Valley View and Mira Lago Median Landscape and Irrigation Improvements to American Landscape Systems, Inc. in the amount of $496,163.55. A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye", adopted Resolution No. 2009-091 awarding the bid for Valley View and Mira Lago Median Landscape and Irrigation Improvements to American Landscape Systems, Inc. E.5 CONSIDER ADOPTING RESOLUTION NO. 2009-092 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GARY OSIER PRESENTS, INC. FOR THE PERFORMANCE OF REO SPEEDWAGON AT LIBERTY FEST ON MAY 29, 2010 AND TAKE APPROPRIATE ACTION. Volume 103, page 17 Jeff Fuller, Director of Parks and Recreation, explained Liberty Fest will be a signature event in Farmers Branch to celebrate America and honor our past and present military men and women. The event will be held May 28-29, 2010 and will feature numerous activities throughout various venues. Liberty Fest furthers Core Value 5, which encourages the provision of recreational and entertainment opportunities for all ages. As the culmination of this Americana celebration, a musical concert will be held at the Historical Park with REO Speedwagon as the headline entertainment. The contract amount for the performance by REO Speedwagon is $88,500, and is included in the 2009-2010 Liberty Fest budget. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", adopted Resolution No. 2009-092. 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 5:22 P.M. AND THEN CONCLUDED AT 5:53 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 update the City Council. F.2 DISCUSS CONSULTATION WITH CITY ATTORNEY REGARDING OPEN MEETINGS ACT - TEXAS GOVERNMENT CODE SECTION 551.071 Mayor O'Hare explained the City Attorney was present to answer legal issues concerning the Texas Open Meeting Laws. 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. Volume 103, page 18 G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye adjourned the Ci Council meeting of November 17, 2009 at. 8:47 p.m. Mayor City Secretary Volume 103, page 19