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2008-11-04 CC MinutesCity of Farmers Branch City Council Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, November 4, 2008 6:30 P.M. The following members of the Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Councilmembers Tim O'Hare Ben Robinson Tern David Koch Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney City Engineer Director of Community Services Director of Public Works Library Director Police Chief Fire Chief Gary Greer Greg Vick Shanna Sims-Bradish Cindee Peters Pete Smith Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Sid Fuller Kyle King B.I INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Councilman Koch led the pledge of allegiance. B.2 PRESENTATION OF AWARDS FOR THE FIRE PREVENTION POSTER CONTEST. Mayor O'Hare and the Fire Department staff presented awards to winners in the Thirteenth Annual Fire Prevention Poster Contest. Third grade students from Farmers Branch Elementary, Janie Stark Elementary, Dave Blair Intermediate, Mary Immaculate School, Parish Episcopal School, Nancy H. Strickland Intermediate and William Cabell Elementary participated in this year's contest. Volume 101, page 126 B.3 PRESENTATION OF SERVICE AWARD - BOB BULL, PARKS AND RECREATION, 20 YEARS Mayor O'Hare presented a 20 year employee service award to Bob Bull of the Parks and Recreation Department. B.4 PROCLAIM NOVEMBER AS PULMONARY HYPERTENSION MONTH IN FARMERS BRANCH. Mayor O'Hare presented a proclamation to Ms. Marcia Beverly of Farmers Branch on Pulmonary Hypertension. B.5 PRESENTATION OF OUTSTANDING BOARD/COMMISSION AWARD TO THE PARKS AND RECREATION BOARD BY THE NATIONAL RECREATION AND PARKS ASSOCIATION. Ms. Lois Finkleman, former Dallas City Council member and President of the NRPA Citizens Branch, presented the award to Mayor O'Hare and the Parks and Recreation Board members. B.6 PROCLAMATION FOR MARY IMMACULATE CATHOLIC SCHOOL. Mayor O'Hare presented the proclamation to Ms. Nancy Russell, Principal of Mary Immaculate School. B.7 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. One of the Goals of the City Council is to improve the appearance of the City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program, begun on August 1, 2007, was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The City was divided into quadrants, therefore awarding four yards each month. The panel of judges comprised of various City staff, City officials and horticulture specialists changes each month. Mayor O'Hare presented the awards for November Yards of the Month to the following: Sherri & Randy Wadley - 2980 South Sunbeck Circle Joyce Burke- 3807 Clubway Lane Steven Morrison - 2941 Topaz Wayne & Bonnie Sherman - 14353 Valley Hi Volume 101, page 127 B.8 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor O'Hare stated this item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. There are three vacancies on the Senior Advisory Board. The following individuals have expressed an interest in serving on the Business Community Relations Board: Thomas Smith John Tarlton Heather O'Hara Dave Blair There are two vacancies on the Tax Increment Finance Boards I and 2 with the resignation of Linda Groomer and Margaret Somereve. The following members of the Zoning Board of Adjustment and Building Code Board of Appeals have terms that will expire December 1, 2008: Clyde James Ross Bumpass Todd Betanzos Mr. RL Lemke a member of the Valwood Improvement Authority has a term that expires December 31, 2008. Dr. Gerald Pendery a member of the Animal Shelter Advisory Committee has a term that expires on December 30, 2008. There are two vacancies on the Community Watch Committee with the resignation of Sally Derrick and Heather O'Hara. The Metrocrest Hospital Authority Board recommends the reappointments of Milburn Gravley and George Moninger. Approval of Resolution No. 2008-109 Reappointing Milburn Gravley and George Moninger to the Metrocrest Hospital Authority Board. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", appointed Michelle Holmes to the Business Community Relations Board. B.9 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief report on items discussed in Study Session. Volume 101, page 128 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 Tem Robinson, a second by Councilman Smith, all voting "aye", removed item C.2 from the consent agenda to be heard as item E.0 and approved the consent agenda as amended. C.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF OCTOBER 21, 2008. C.3 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 3004 RELATING TO THEAPPOINTMENT AND COMPENSATION OF THE MUNICIPAL COURT JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES. ORDINANCE NO. 3004 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RELATING TO THE APPOINTMENT AND COMPENSATION OF THE MUNICIPAL COURT JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES FOR THE CITY OF FARMERS BRANCH, TEXAS. CA ADOPTED RESOLUTION NO. 2008-105 AUTHORIZING THE CITY MANAGER TO ACCEPT A THERMAL DETECTION SEARCH AND SURVEILLANCE CAMERA SYSTEM AS PROVIDED THROUGH A COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) GRANT ADMINISTERED BY THE DEPARTMENT OF HOMELAND SECURITY. C.5 ADOPTED RESOLUTION 2008-110 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CREATION AND SALE OF VINTAGE AND FUTURE CARBON CREDITS WITH BLUE SOURCE, LLC. D.1 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NO. 3003 APPROVING THE REQUEST OF IZALCO RESTAURANT FOR A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF NO LESS THAN THREE YEARS TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN A QUALIFIED RESTAURANT AT 12895 JOSEY LANE, SUITE 225, WITHIN PLANNED DEVELOPMENT DISTRICT NO. 8 AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning gave the presentation on the existing Izalco Restaurant and grocery store located on the west side of the Farmers Branch Shopping Center at the southwest corner of Josey Lane and Valley View Lane. The existing Volume 101, page 129 restaurant and grocery store space contains approximately 2,700 square feet. The applicant intends to continue operation of the existing grocery store in conjunction with the restaurant. Alcohol service would be limited to the dining tables within the existing restaurant. No bar area is proposed with this request. In addition, there will be no patio sales of food or alcohol. No exterior advertising of alcohol sales is permitted. No alcoholic beverages may be taken off-premises. Alcohol sales may not exceed 60% of the restaurant's gross sales receipts. As required by the Comprehensive Zoning Ordinance, an alcohol awareness program has been submitted which addresses personnel training, verification of customer identification, an alcohol limits policy, transportation for customers, and time of alcoholic beverage sales. The request complies with the requirements established in the City's Comprehensive Zoning Ordinance that regulate on-site sales and consumption of alcoholic beverages. The Planning and Zoning Commission, by a vote of 7 to 1, recommends approval of the proposed Specific Use Permit-Interim Use for three years, or until November 4, 2011. There followed a lengthy discussion between the tenant, property manager and the City Council concerning the length of time for the specific use permit. A motion by Mayor Pro Tem Robinson, a second by Councilman Smith, all voting "aye closed the public hearing. Motion by Mayor Pro Tem Robinson, a second by Councilman Smith, to adopt the following captioned Ordinance No. 3003 approving the proposed Specific Use Permit- Interim Use (3 years) as recommended by the Planning and Zoning Commission, with Council members Robinson, Smith, Scott, and Koch, voting "aye", and Councilman Froehlich voting "nay", the motion carried by a 4 to I vote. ORDINANCE NO. 3003 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING PLANNED DEVELOPMENT NO. 8 (PD-8 BY GRANTING A CHANGE IN ZONING TO GRANT A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF THREE (3) YEARS, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN A QUALIFIED RESTAURANT ON AN APPROXIMATELY 3.9-ACRE TRACT OF LAND LOCATED AT 12895 JOSEY LANE, SUITE 225 AND BEING FURTHER DESCRIBED IN EXHIBIT "A'; PROVIDING SPECIAL CONDITIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE Volume 101, page 130 SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. D.2 PUBLIC HEARING: CONSii,r lc ricvPOSED URDINANC E NU. 2914 AFFFovING THE REQUEST OF TRINITY EAST, LLC FOR A SPECIFIC USE PERMIT TO ALLOW A NATURAL GAS WELL SITE ON A 6 ACRE TRACT LOCATED 12651 MERCER PARKWAY APPROXIMATELY 1,150 FEET WEST OF LUNA ROAD WITHIN THE PLANNED DEVELOPMENT NO. 88 ZONING DISTRICT (PD-88), ESTABLISHING AN ASSOCIATED SITE PLAN, INCLUDING SPECIAL EXCEPTIONS, AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning, made a presentation that earlier this year the Comprehensive Zoning Ordinance was amended to allow gas well uses subject to approval of a Specific Use Permit in certain zoning districts located west of IH-35E, including PD-88. PD-88, also known as the Mercer Crossing Code, is a unique zoning district that includes aspects of conventional zoning as well as form-based regulations. The subject property is an undeveloped 6.0 acre lot located along the west side of Mercer Parkway. The site's rear property line abuts a Valwood Improvement Authority (VIA) sump and levee. Trinity East Energy LLC, a local gas exploration company, seeks approval of a gas well site at this location in order to drill approximately 10 individual natural gas wells. The site will also contain a temporary water reservoir known as a "frac pond" approximately 1.8 acres in surface area. The pond will contain water during the initial drilling stage and subsequent periods of well maintenance known as "fracing". A site plan has been submitted showing the location of the needed gas exploration/production equipment during the initial drilling phase and the subsequent production phase. The drilling phase is estimated to last approximately twelve months. The production phase could continue for ten to twenty years. Other proposed site improvements include sidewalks, landscaping, and security fencing. Due to the unique character of this use (i.e., no occupied structures), the applicant is also requesting four "special exceptions" to the Mercer Crossing Code. The requested special exceptions would exempt the gas well site from compliance with the 30% required building line; street wall limitations; gate opening restrictions, and the prescribed configuration of the public sidewalk and street trees. Exemption from these requirements would facilitate vehicular access to the site and provide for the use to be significantly better screened and buffered from the public realm as well as neighboring private properties. The Planning & Zoning Commission voted unanimously to recommend approval of the Specific Use Permit for a gas well site and the associated Site Plan including the requested special exceptions as above described, subject to the following conditions: Volume 101, page 131 The property must be platted and such plat must be recorded prior to issuance of a Certificate of Occupancy or production of natural gas. Installation of all sidewalk, streetlights, landscaping and fence improvements as shown on the associated site plan shall be completed within 18 months of the date of the approval of the Specific Use Permit. If the site is determined to be infeasible for gas production, the site shall be restored to its original undeveloped condition within 18 months of the date of the approval of the Specific Use Permit. A motion by Councilman Smith a second by Mayor Pro Tern Robinson, all voting "aye", closed the public hearing. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye", approved the following captioned Ordinance No. 2974 for a Specific Use Permit allowing a gas well site and the associated Site Plan, including the special exceptions, subject to the four abovementioned conditions as recommended by the Planning and Zoning Commission. ORDINANCE NUMBER 2974 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 GAS WELL SITE ON A 6.0-ACRE TRACT LOCATED AT 12651 MERCER PARKWAY AND WITHIN PLANNED DEVELOPMENT 88 (PD-88) ZONING DISTRICT, INCLUDING A SITE PLAN, SPECIAL EXCEPTIONS, AND SPECIAL CONDITIONS; PROVIDING FOR REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS PER OFFENCE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. E.0 CONSIDER PROPOSED RESOLUTION NO. 2008-104 APPROVING THE SITE PLAN FOR THE NEW WORKFORCE AND CORPORATE CONTINUING EDUCATION CENTER LOCATED ON THE BROOKHAVEN COLLEGE CAMPUS AT 3939 VALLEY VIEW LANE WITHIN THE PLANNED DEVELOPMENT 20 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mr. Andy Gillies, Director of Planning made a presentation regarding the proposed site located in the northeast corner of the 192-acre Brookhaven College campus on a 2.7 acre tract situated between the existing tennis courts and eastern soccer fields. This site is the location for the new Workforce and Corporate Continuing Education building containing approximately 27,800 square feet in area. It will be set back from Alpha Road more than 500 feet and more than 750 feet from the nearest adjoining property. Volume 101, page 132 The building will house classrooms, offices, and meeting rooms to be used for corporate workforce training and continuing education in numerous fields ranging from technical and communications skills to management and leadership development. No additional parking or drainage improvements are required to serve this project. The site plan complies with all zoning and property development regulations. Mr. Eric Miller, Architect for Brookhaven College, was present and made a brief presentation on this item. Councilman Froehlich stated the bridge acts like a dam and felt a detention pond was needed. Councilman Koch wanted to see a detention pond constructed for this project. There followed a lengthy discussion concerning whether or not a detention pond was necessary for this project. A motion by Councilman Koch a second by Mayor Pro Tem Robinson, with Koch, Robinson, Smith, and Froehlich to postpone this item, and Scott voting "nay". The item was postponed by a 4 to 1 vote. E.1 PRESENTATION REQUESTED BY GREGORY J. GERENDAS WITH SENIOR ADULT SERVICES TO DISCUSS DRAGON BOAT RACING. Mr. Greg Gerendas gave a brief presentation on the Dragon Boat racing event he would like to see take place in Farmers Branch. After a brief discussion it was agreed that a staff member would be appointed as a liaison to this event. E.2 PRESENTATION REQUESTED BY CAROL DINGMAN ON HOW CITY COUNCIL POLICY ON RENTAL PROPERTIES IS AFFECTING THE FUTURE DEVELOPMENT IN FARMERS BRANCH. Ms. Carol Dingman discussed the negative effects that the funds spent on litigation has hindered future development in Farmers Branch. The following people spoke in agreement with Ms. Dingman: Mr. Rick Lyon, 3720 Wooded Creek Mr. Matt Wenthold, 3033 Primrose Ms. Diane Graifemberg, 13656 Janwood Lane Mr. Ruben Rendon, 13240 Veronica Mr. Gene Bledsoe, 3322 Gatwick The following people spoke in opposition to Ms. Dingman: Volume 101, page 133 Mr. Sam Aceves, 14106 Birchlawn Ms. Barbara Russell, 2976 Marsann Mr. Rick Johnson, 2930 Harlee Dr. Mr. Matt Burton, 3212 Rolling Knoll Mr. William Glancy, 3808 Wooded Creek There followed a brief discussion among Council and the speakers regarding this issue. E.3 DART PRESENTATION REGARDING DESIGN OF THE FARMERS BRANCH STATION. David Ehrlicher, DART Assistant Vice President and Chief Architect, was present to discuss the design of the Farmers Branch Station. Mr. Ehrlicher provided a brief outline how this design for the station area was decided and the steps necessary to change the design concept. EA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. STUDY SESSION. MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIV SESSION AT 9:42 P.M., AFTER THE REGULAR SESSION, AND THEN CONCLUDED 10:42 P.M. TEXAS GOVERNMENT CODE CHAPTER 51 OF THE OPEN MEETING L PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. E AT AW AND Discuss property acquisition agreement, acquisition financing, and land acquisition strategy. Mayor O'Hare stated that 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 on the item discussed in Executive Session. Volume 101, page 134 G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Mayor Pro Tem. Robinson, all voting "aye", adjourned the City Council meeting of November 4, 2008 at 10:43 p.m. 6 Tim O'Hare, Mayor k ~ Cindee Peters, City Secretary r' Li Volume 101, page 135