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2011-03-01 CC Minutes City of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, March 1, 2011 Regular Meeting 6:00 P.M. The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tern Harold Froehlich Deputy Mayor Pro Tern Michelle Holmes Council members Tim Scott David Koch Ben Robinson The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims-Bradish Assistant City Manager Matt Benoit City Attorney Pete Smith Finance Director Charles Cox Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Director of Communications Tom Bryson Human Resources Director Kathy Shields Fire Chief Steve Parker Director of Equipment Services Kevin Muenchow Assistant Director of Parks & Rec Jeff Harting Councilman Robinson arrived at 4:15 p.m. B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor O'Hare gave the invocation and Boy Scout Troop No. 713 led the Pledge of Allegiance. B.2 RECOGNIZE 2011 FARMERS BRANCH CALENDAR AND PHOTO CONTEST WINNERS. Mayor Tim O'Hare stated the Farmers Branch 2011 Online Calendar features photos submitted by local photographers that highlight the Historical Park in observance of its Volume 104, page 49 25th Anniversary. In addition to the 12 photos representing each calendar month, with a few photos chosen for placement in the month grid for special events, there is a "photo album" slideshow included in the online version that details additional images. Between the calendar and the photo album, 45 different images comprise the 2011 calendar. There are several different versions available on the City's website. Mayor Tim O'Hare and Tom Bryson, Communications Director, presented awards to the photographers whose placement photos are in the main calendar: The following winners include: Perry Callahan - January, February, April and May Joan McAdams - March Robert Sherman - June Steve Main - July Derrick Birdsall - July 4 grid background, August, September and October Michael Bubiak - November Stephen Crouch - Nov 11 grid background Laurie Smith - December Norma Burrow - Dec 3 grid background Awards were also presented to photo album contributors: Joanna Carson, Garrick Chui, and Karol Heath. The following winners were not present: Linda Bambina, Pat Coursey and Rodger Fisher. All images will be featured at an exhibition at the Farmers Branch Historical Park later in 2011 as part of the 25th anniversary celebration. B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. 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 is a vacancy on the Zoning Board of Adjustment and Building Code Board of Appeals. A motion by Councilwoman Holmes seconded by Councilman Scott, all voting "aye," appointed Erik Randle to the Zoning Board of Adjustments and Building Code Board of Appeals. B.4 REPORT ON STUDY SESSION ITEMS. Councilman Scott gave an update on the Belt Line Corridor and the maximize property values. Councilman Froehlich gave an Economic Development Update. Volume 104, page 50 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. 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 paced 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 Mayor O'Hare reminded everyone about the "Welcome Home Hero" project at DFW Airport. City Manager Gary Greer gave the City Manager's Report. I 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 paced 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 Froehlich, a second by Councilman Koch all voting "aye", approved the Consent Agenda as submitted. C.1 APPROVAL MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 15, 2011. D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3117 AMENDING THE EXISTING SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN, INCLUDING A SPECIAL EXCEPTION TO ALLOW A FENCE AND SECURITY GATE WITHIN THE REQUIRED FRONT YARD, FOR AN OUTDOOR SOCCER COMPLEX OPERATED BY THE DALLAS TEXANS SOCCER CLUB 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 in 2007 City Council approved a Specific Use Permit and associated site plan for the Dallas Texans to allow six (6) lighted outdoor soccer fields at 1644 Keenan Bridge Road. In 2009 the Specific Use Permit and Site Plan were amended to accommodate expansion of the soccer complex to include adjacent property located at 1641 Keenan Bridge Road. Volume 104, page 51 Proposed amendments to the site plan include installation of a decorative metal fence, eight feet in height with a security gate and deferring installation of masonry cladding on the west face of the indoor training facility. Due to the extensive use of the soccer fields for practice and the growing need for better security for their members, the Dallas Texan Soccer Club is requesting a Special Exception to the 30' front yard setback requirement to allow the existing fence and gate along the front property line at 1641 Keenan Bridge Road. The Planning & Zoning Commission unanimously voted to recommend approval of the amended SUP and associated Site Plan including a Special Exception to the front yard setback for the security fence and gate, with the condition that the property owner relocate the fence and gate at the owner's expense should Keenan Bridge Road ever be widened. A motion by Councilman Scott, second by Councilman Koch, all voting "aye," closed the public hearing. A motion by Councilman Koch and second by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 3117 amending the Specific Use Permit and associated Site Plan, including the front yard setback special exception and subject to the condition recommended by the Planning and Zoning Commission for the property located at 1641 Keenan Bridge Road. ORDINANCE NO. 3117 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, AS AMENDED BY ORDINANCE NO.3064, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR COMMERCIAL AMUSEMENT, ON PROPERTY LOCATED IN PLANNED DEVELOPMENT DISTRICT NO. 77 (PD-77), BY AMENDING THE SITE PLAN RELATED TO THE PROPERTY DESCRIBED AS LOT 1, BLOCK 1, GREGORY ADDITION, CITY OF FARMERS BRANCH, TEXAS; PROVIDING A SPECIAL EXCEPTION WITH RESPECT TO LOCATION OF CERTAIN FENCING; AMENDING CERTAIN SPECIAL CONDITIONS REGARDING THE EXTERIOR FACADE OF CERTAIN BUILDINGS; PROVIDING A CONFLICTS RESOLUTION 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. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3122 FOR A SPECIFIC USE PERMIT ALLOWING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE QUALIFYING RESTAURANT LOCATED AT 13605 MIDWAY ROAD, SUITE 140, WITHIN THE PLANNED DEVELOPMENT NO. 64 (PD-64) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Volume 104, page 52 Andy Gillies, Planning Director, explained Mango's Noodle House is an existing restaurant that has operated since 2007 within the Midway Commons shopping center located on the west side of Midway Road approximately 300 feet north of Alpha Road. The applicant is adding a sushi bar and additional dining space, increasing the size of the existing restaurant by more than a third to approximately 3,667 square feet. Along with the expansion of the restaurant and the more extensive menu offerings, the applicant would also like to serve alcoholic beverages. The request also includes the option of adding an outdoor patio, approximately 300 square feet in area, along the existing restaurant storefront in the future. No other improvements are proposed or required. The proposal conforms to Planned Development No. 64 zoning and development standards and City alcohol regulations relative to a qualifying restaurant. The Planning & Zoning Commission voted unanimously to recommend approval of this SUP and associated Site Plan. A motion by Councilman Scott, seconded by Councilwoman Holmes all voting "aye," closed the public hearing. A motion by Councilman Robinson, seconded by Councilman Froehlich all voting "aye," adopted the following captioned Ordinance No. 3122 for a Specific Use Permit and associated Site Plan for the sale of alcoholic beverages within a qualified restaurant located at 13605 Midway Road, Suite 140. ORDINANCE NO. 3122 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT LOCATED AT 13605 MIDWAY ROAD, SUITE 140, WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING DISTRICT; AND BEING A PART OF THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR ADDITIONAL SPECIAL CONDITIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3128 GRANTING A SPECIFIC USE PERMIT -INTERIM USE AND ASSOCIATED SITE PLAN TO Volume 104, page 53 ALLOW OUTDOOR DISPLAY OF MERCHANDISE FOR A PERIOD OF NOT LESS THAN THREE YEARS AT 3404 BELTLINE ROAD, SUITE 200, WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Andy Gillies, Planning Director, explained the subject property is located on the south side of Beltline Road, between Enterprise Drive and Trend Drive. This property includes an existing building containing approximately 95,000 square feet. The building has been subdivided into two suites. Surplus Building Materials has recently moved into the eastern suite, Suite 200. Suite 200 includes approximately 40,000 square feet of indoor showroom and a fenced outdoor area approximately 7,000 square feet in area. The applicant is requesting permission to use this existing fenced area for the outdoor display of building materials. The Planning & Zoning Commission voted unanimously to recommend approval of the proposed Specific Use Permit-Interim Use and associated Site Plan, for a period of not less than three years. After extensive discussion at the last City Council meeting, the applicant has agreed to the following revised conditions: Outdoor display shall be limited to no more than twelve (12) granite slabs displayed on metal A frames. No outdoor storage of any kind will be allowed. The installation of one masonry dumpster enclosure on the eastside of the site shall be completed before the Outdoor Display area can be used. Outdoor display shall be limited to Surplus Building Materials and shall automatically terminate in the event Surplus Building Materials fails to be open for business serving the public for a period of thirty (30) days except in the event of, and to the extent of, an event of force majeure or casualty. A motion by Councilman Scott, seconded by Councilman Koch, all voting "aye," closed the public hearing. A motion by Councilman Scott, seconded by Councilwoman Holmes, all voting "aye," adopted the following captioned Ordinance No. 3128 for a Specific Use Permit-Interim Use and associated Site Plan for Outdoor Display a period not less than three years, subject to the abovementioned conditions. ORDINANCE NO. 3128 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT-INTERIM USE FOR OUTDOOR DISPLAY IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT IN A PORTION OF THE BUILDING LOCATED ON AN APPROXIMATELY 6.7572 ACRE TRACT OF LAND, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, BEING KNOWN AS 3404 BELTLINE ROAD, SUITE 200, FARMERS BRANCH, Volume 104, page 54 TEXAS; PROVIDING FOR APPROVAL OF A SITE PLAN; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 CONSIDER ADOPTING RESOLUTION NO. 2011-012 AMENDING THE CHAPTER 380 ECONOMIC DEVELOPMENT POLICY OF THE TEXAS LOCAL GOVERNMENT CODE AND TAKE APPROPRIATE ACTION. John Land, Director of Economic Development, explained before the direction from the City Council derived from the annual planning retreat can be implemented the existing Comprehensive Policy Statement on Local Economic and Business Incentives relevant to Texas Local Government Code Chapter 380 must be amended in the following manner: To allow cash grants in lieu of or in addition to tax rebates and/or abatements from the recently established economic development fund. To provide incentive consideration for projects which are deemed to be catalysts, are in a targeted development area, or create high visibility. To allow for the provision of DART rail passes for corporate relocations and as part of the Residential Demolition/Rebuild Program. City Administration recommends that City Council approve Resolution No. 2011-012 amending the Chapter 380 policy. A motion by Councilman Scott and seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2011-012 amending the Chapter 380 policy. F.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Discuss an incentive package for the relocation of a major bicycle retailer. Discuss an incentive package for the relocation of a photovoltaic solar module manufacturer. F.2 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 Belt Line Road, I-635 and Denton Drive. G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Volume 104, page 55 A motion by Councilman Scott, second by Councilman Koch, all voting "aye," that the City Manager be authorized to negotiate and execute an economic development incentive agreement on behalf of the City with Performance Bicycle to provide a cash incentive of $10,000. A motion by Councilman Scott, second by Councilman Robinson, all voting "aye," the City Council find and declare that the following properties are dangerous and that the City Manager be authorized to negotiate and sign on behalf of the City one or more agreements to purchase 2709 Mount View Drive, Farmers Branch, Dallas County, Texas 75234, Lot 18, Block B, Farmersdell Addition; 2667 Mount View Drive, Farmers Branch, Dallas County, Texas 75234, Lot 19, Block 3, Valley View 5 Addition; 2649 Farmers Branch Lane, Farmers Branch, Dallas County, Texas 75234, Lot 18, Block C, Letha Lee Heights Addition and to sign such other documents as the City Manager, in consultation with the City Attorney, deems reasonable and necessary with respect to the closing of these transactions, said purchases to be from funds available in the dangerous structures demolition fund. G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of March 1, 2011 at 6:59 p.m. r Tim O'Hare, Mayor Shanna Sims-Bradish Acting City Secretary Volume 104, page 56