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2008-10-06 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, October 6, 2008 6:30 P.M. The following members of the City Council were present: Mayor Deputy Mayor Pro Tem Councilmembers The following member of the City Council was not present: Mayor Pro Tem Tim O'Hare David Koch Tim Scott Jim Smith Harold Froehlich Ben Robinson The following members of the Administration were present: 1 City Manager Assistant City Manager Assistant City Manager City Secretary City Attorney Communications Director 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 Michael Kallas Tom Bryson Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Sid Fuller Kyle King A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mr. Bill Glancy gave the invocation and Boy Scout Troop 713 posted the colors of the flag and led the pledge of allegiance. A.2 CONSIDER ACCEPTING $1500 DONATION FROM THE RHOTON FUNERAL HOME TO THE FARMERS BRANCH HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Volume 101, page 110 The Rhoton Funeral Home has generously donated $1500 to the Farmers Branch Historical Park. The funds will be utilized to help offset any costs for the new program, Encounters from the Past, which will debut on October 17. Encounters from the Past will give visitors an opportunity to stroll through the Farmers Branch (Keenan) Cemetery and visit with some of Farmers Branch's earliest residents as costumed actors bring history to life. The actors will utilize a communication technique known as first person interpretation, where the actors will take on the life of those people buried in the Farmers Branch (Keenan) Cemetery giving visitors a glimpse into the everyday lives of those portrayed. The actors will be drawn from the local community, including several members of the Theater Department at RL Turner High School. Mr. Jim Lovett from the Rhoton Funeral Home presented the donation to Mayor O'Hare. A motion by Councilman Koch, a second by Councilman Smith, all voting "aye", accepted the $1500 donation A.3 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 October Yards of the Month to the following: eNorth East - Susan & Glenn Douglass - 3444 Golfing Green *North West - Martin Escarcega - 2504 Albermarle *South East - Stephen Stroud - 3136 Brincrest *South West- Mark & Janna Hoffman - 3000 Westminster A.4 PROCLAIM THE MONTH OF OCTOBER 2008 AS "FIRE PREVENTION MONTH" IN FARMERS BRANCH, TEXAS. The Fire Department will be busy throughout the month of October presenting fire prevention programs in schools in Farmers Branch. The programs are age specific and teach a variety of fire and life safety topics. The Branch Brigade Clowns, made up of Fire Department personnel, will perform for the youngest students. Fire Administration and the Fire Prevention Division personnel will use storytelling, games and demonstrations to teach the older children. Volume 101, page 111 The Fire Department is also sponsoring the Thirteenth Annual Fire Prevention Poster Contest for the third grade students in Farmers Branch schools. Mayor O'Hare presented a proclamation to Fire Chief Kyle King proclaiming October 2008 as "Fire Prevention Month" in Farmers Branch, Texas. A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor O'Hare, a second by Councilman Koch, all voting "aye", appointed the following individuals to the Business Community Relations Board: Paul Stafford Jim Barrett A motion by Mayor O'Hare, a second by Councilman Koch, all voting "aye", reappointed the following members of the Industrial Development Corporation: A motion by Mayor O'Hare, a second by Councilman Smith, all voting "aye", reappointed the following members of the Parks and Recreation Board: Jimmy Thompson Joan Abbey Pat Williams Margaret Young Pat Thompson 1 Fred Johnson Bill Binford Matt Burton Jason Lowe Jim Andrews Ken Quevreaux Steve Sobkowiak A.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief summary of items discussed in Study Session prior to the Regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. 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 Councilman Smith, a second by Councilman Scott, all voting "aye", approved the Consent Agenda as amended by removing B.5 and to be heard at a later date. Volume 101, page 112 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 16, 2008. B.2 ADOPTED ORDINANCE NO. 3000 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 7, SCHOOL ZONES, SECTION 82-122 AMENDING SCHOOL ZONE ALONG WEBB CHAPEL ROAD. ORDINANCE NO. 3000 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 7, SECTION 82-122, AMENDING SCHOOL ZONE LOCATIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. B.3 AUTHORED THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2008-09 BUDGET. A. SENIOR ADULT SERVICES B. METROCREST CHAMBER OF COMMERCE C. METROCREST SOCIAL SERVICE CENTER D. METROCREST FAMILY MEDICAL CLINIC E. FARMERS BRANCH CHAMBER OF COMMERCE F. THE FAMILY PLACE B.4 ADOPTED RESOLUTION NO. 2008-094 AUTHORIZING THE CITY MANAGER TO ACCEPT A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P.) GRANT FROM THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $209,979. B.6 ADOPTED RESOLUTION NO. 2008-091 ACCEPTING A WATER EASEMENT DEDICATED BY QUIK-WAY RETAIL ASSOCIATES II, LTD. ON LOT 1, BLOCK 1 OF THE SHELL STATION ADDITION. B.7 ADOPTED RESOLUTION NO. 2008-093 AWARDING THE BID PLUS ALTERNATE 1 AND ALTERNATE 2 FOR THE IH35ENALLEY VIEW LANE BRIDGE PAINTING PROJECT TO ALLIED BUILDERS, INC. IN THE TOTAL AMOUNT OF $93,000. C.1 PUBLIC HEARING: CONSIDER THE REQUEST FOR APPROVAL OF THE FINAL PLAT OF FARMERS BRANCH STATION AND TAKE APPROPRIATE ACTION. City Engineer Jerry Murawski gave a presentation of the proposed Final Plat of Farmers Branch Station is a 3.85-acre site for the Dallas Area Rapid Transit Station and is located Volume 101, page 113 at 2627 Denton Drive between Pike Street and Bill Moses Parkway. DART has requested the plat to combine various tracks of land into one lot. The proposed Farmers Branch Station Plat dedicates new right-of-way, fire lane, and utility easements including an underground utility easement in the location of the abandoned right-of-way of Rossford Street. The proposed plat is consistent with the approved site plan and with City requirements for final plat approval. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Farmers Branch Station. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", closed the public hearing. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye approved the proposed Final Plat. C.2 PUBLIC HEARING: CONSIDER PROPOSED ORDINANCE NO. 2995 APPROVING THE REQUEST OF DALTEX REALTY CORPORATION TO CHANGE THE ZONING OF AN APPROXIMATE 0.85 ACRE LOT ADDRESSED AS 13333 MIDWAY ROAD, AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND MCEWEN ROAD, FROM PLANNED DEVELOPMENT NO. 1 (PD-1) TO PLANNED DEVELOPMENT NO. 90 (PD-90), ESTABLISHING DEVELOPMENT STANDARDS AND AMENDING THE ASSOCIATED CONCEPTUAL MASTER PLAN AND CONCEPTUAL SITE PLAN AND TAKE APPROPRIATE ACTION. Andy Gillies, Director of Planning, gave a presentation on the subject property that is a 0.85-acre lot presently developed with a drive-through bank. The applicant is proposing to add this property to the adjoining Planned Development No. 90 (PD-90) zoning district, which is 40.49 acres in area. The subject property would have the same range of allowable uses and development standards as the existing PD-90 zoning district with a few minor changes applicable to the subject property only. The proposed amendment would allow a drive-through bank by right or three other potential retail drive-through uses subject to approval of a Specific Use Permit on the subject property only. Drive-through restaurants would not be allowed. Due to the lot's odd shape, building setbacks along Midway Road and Blue Lake Circle and surface parking allowances would also vary slightly from those applicable to the balance of the PD-90. The proposed development standards are compatible with existing PD-90 standards and the zoning of other neighboring properties. The PD-90 Conceptual Master Plan and Conceptual Site Plan would also be amended simply to include the 0.85-acre tract. Volume 101, page 114 The Planning and Zoning Commission, by unanimous vote, recommends approval of proposed Ordinance No. 2995 changing the zoning of the subject property to PD-90, including amended development standards, and adding the property to the associated Conceptual Master Plan and Conceptual Site Plan. A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", closed the public hearing. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", adopted the following captioned Ordinance No. 2995 changing the zoning of the subject property to PD-90, including amended development standards, and adding the property to the associated Conceptual Master Plan and Conceptual Site Plan. ORDINANCE NO. 2995 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 A PORTION OF PLANNED DEVELOPMENT NO. 1 (PD-1) ZONING DISTRICT TO PLANNED DEVELOPMENT NO. 90 (PD-90) ZONING DISTRICT AND ADDING TO THE EXISTING PD-90, INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES, AN APPROXIMATE 0.8521 ACRE TRACT LOCATED AT 13333 MIDWAY ROAD, SOUTH OF MCEWEN DRIVE, EAST OF BLUE LAKE CIRCLE AND WEST OF MIDWAY ROAD; AMENDING ORDINANCE NO. 2921 AS IT PERTAINS TO THE SUBJECT PROPERTY ONLY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. D.1 PRESENTATION OF RECOMMENDATIONS BY CHARTER REVIEW COMMITTEE. Co-Chairs Bill Glancy and Calla Davis gave a presentation on the recommendations of the Charter Review Committee. The 2008 Charter Review Committee was selected by the Mayor and members of the City Council at the June 17, 2008 meeting. The committee met four times beginning on July 29, 2008 and concluding their work on September 9, 2008. The committee was comprised of two co-chairs and ten members. The recommendations are signed by nine of the committee members. Two members were not able to attend the final meeting in which the recommendations were finalized and one member was not in agreement with all of the recommendations. Volume 101, page 115 City Administration recommends that the City Council receive the recommendations of the Charter Review Committee for future consideration. A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", agreed to receive the recommendations from the Charter Review Committee. D.2 CONSIDER REQUEST OF MR. TIM BEESLEY CONCERNING THE MASONRY WALL ON VALLEY VIEW LANE BETWEEN JOSEY AND WEBB CHAPEL. Mr. Tim Beesley, 2986 Las Campanas, gave a presentation on the history and events concerning the masonry wall on Valley View Lane between Josey and Webb Chapel. The following people also spoke regarding the masonry wall and asked the City Council for help on this issue: Mr. James Clark, 2934 Las Campanas Mr. John Morris, 2974 Las Campanas Mr. Al Solis, 13243 Glenside Mr. Jason Lowe, 2818 Las Campanas Mr. Eric Coil, 2940 Las Campanas After a lengthy discussion, Mayor O'Hare stated the City has an option to create a Public Improvement District and then explained how a Public Improvement District works. The Mayor asked the attending property owners how many would not be in favor of participating in a public improvement district and none raised their hands. Mayor O'Hare asked the residents to work with staff to help create this type district. D.3 PRESENTATION ON BEHALF OF THE SIERRA CLUB. Ms. Becky Fisher and Scarlett Silva made a presentation seeking the Mayor's signature on the US Mayors Climate Agreement. Councilman Koch stated he would be hesitant for the City to sign this agreement without seeing it. The Council stated they would review the agreement. DA CONSIDER ADOPTING RESOLUTION NO. 2008-092 AWARDING THE BID FOR PAINTING THE ELEVATED WATER STORAGE TANK LOCATED AT VALLEY VIEW LANE AND MARSH LANE TO CHAMPION COATINGS, INC. IN THE AMOUNT OF $393,700 AND TAKE APPROPRIATE ACTION. City Engineer Jerry Murawski gave a presentation on the $800,000 in the 2008-09 Capital Improvement Program Non-bond Utility Fund to paint the 1.5 million gallon elevated water storage tank at Valley View Lane and Marsh Lane. The tank was last Volume 101, page 116 painted in 1994. The exposure to the Texas sun has deteriorated the paint to the extent that it needs to be repainted. Tanks in this area generally need painting every 15 years. On September 23, 2008, five bids were received and opened. All bids met specifications. The lowest base bid was received from Champion Coatings, Inc. in the amount of $393,700. The contract provides that the work must be completed by April 15, 2009. Champion Coatings, Inc. has submitted adequate qualifications and references. The City Administration recommends adopting Resolution 2008-092 awarding the bid for painting the elevated water storage tank located at Valley View Lane and Marsh Lane to Champion Coatings, Inc. in the amount of $393,700. The Boy Scouts from Troop 713 spoke on this item. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", adopted Resolution No. 2008-092 awarding the bid for painting the elevated water storage tank located at Valley View Lane and Marsh Lane to Champion Coatings, Inc. in the amount of $393,700. D.5 CONSIDER COUNCIL REPORTS. Councilman Koch reported on the proposed Community Garden, and the new 7-11 building being built across from the hospital. Mayor O'Hare reminded everyone that tomorrow is National Night Out. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Mayor O'Hare stated that no executive session was held tonight. E.1 Discuss pending and contemplated litigation - Texas Government Code Section 551.071. Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277 Barrietos, et.al., v. Farmers Branch Villas at Parkside Partners, et. al., v. Farmers Branch, 06-2371; 08-1551 Alfredo Vasquez, et. al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Valentin Reyes, et.al., v. City of Farmers Branch, 08-01615 The City Attorney will be present to discuss pending litigation. F.1 Consider necessary action on items discussed in the Executive Session. No action was necessary since the Executive Session was not held. Volume 101, page 117 F.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", adjourned the City Council meeting of October b, 2008 at 8:23 p.m. ~ p t Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 101, page 118