Loading...
2015-11-03 CC Minutes1 FARMERS BRANCH Tuesday, November 3, 2015 City of Farmers Branch Meeting Minutes City Council Farmers Branch Gib/ Hall 13000 Wm Dodson Pkv y Farmers Branch, Texas 75234 6:00 PM Council Chambers Study Session Meeting to be held at4:00 PM in the Study Session Room Presiding: 1 - Mayor Bob Phelps Present: Staff: 5 - Mayor Pro Tem Kirk Connally, Deputy Mayor Pro Tem Harold Froehlich, Council Member Ana Reyes, Council Member John Norwood, Council Member Mike Bomgardner 16 - Managing Director Charles Cox, Amy Piukana City Secretary, Shawna Eikenberry Management Analyst; Pete Smith City Attorney, John Land Managing Director; Brian Beasley Human Resource Director, Allison Cook Economic Development Manager, Shane Davis Environmental Services & Solid Waste Manager; Andy Gillies Director of Community Services, Jeff Harting Parks & Recreation Director, Steve Parker Fire Chief, Randy Walhood Public Works Director, Alexis Jackson Planning Manager; Mark Young Assistant Police Chief; Mitzi Davis Project Manager, Wimberly Phillips Parks and Recreation Mayor called meeting to order at 4:01 p.m. A. STUDY SESSION A.1 15 -154 Discuss regular City Council meeting agenda items. A.2 15 -153 Discuss on street parking issues and related items. Director of Community Services Andy Gillies asked that Agenda Item H.3 be discussed prior to Agenda item H.2. Mr. Gillies and Building Official Hugh Pender briefed City Council regarding the 2013 On Street Parking survey results. Mr. Pender explained the survey indicates (39) properties were reviewed on Damascus, and (34) properties reviewed on Heartside. The following criteria were reviewed; parking in front of homes, number of vehicles parked on the street, parking near the drive approach, parking near intersections, overnight on street parking, blocking of sidewalk, and vehicles parked the wrong direction. Mr. Pender noted results indicated on street parking was the main concern. City of Farmers Branch Page 1 Mr. Pender explained Resolution No. 2010 -079 provides for residents to initiate a petition to prohibit on street parking on a street where they reside. He further stated the neighborhoods responsibility is to obtain 60% concurrence. Mr. Pender noted Ordinance No. 3253 is also in effect, which provides for a policy allowing the Public Works Director, upon direction of the City Council, to implement certain parking restrictions. City Council discussed street width, public safety access, public education regarding current ordinances, and the need for an updated survey. Council Member Norwood suggested reviewing the statistics, noting the neighborhood petition requirements of 60% percent could be amended to 51% concurrence, if necessary. After discussion, City Council advised City Administration to provide a current on street parking survey, which would identify and target streets with smaller widths, including evening and weekend hour observations. A.3 15 -149 Discuss and review amendments to the City Council ethics policy. Managing Director Charles Cox briefed City Council regarding this item. Mr. Cox explained the proposed ethics ordinance provides for clearer definitions, standards of conduct, and provides updates regarding annual disclosures, transactional disclosures; and vendor disclosures. Deputy Mayor Pro Tem Froehlich asked forclarification regarding the ethics policy definition of "City Officer". City Attorney Pete Smith explained the definition "City Officer" includes both City Council and all Board, and Commission members. After discussion, Mr. Cox noted he will prepare the Ordinance for City Council's approval at the upcoming City Council meeting. Mr. Cox stated, after City Council approves the ordinance, an Ethics Handbook will be prepared and provided to all Boards and Commissions and City Council members. A.4 15 -163 Discuss local sales tax revenue allocation. Managing Director Charles Cox provided a PowerPoint presentation reviewing tax revenue allocation. Mr. Cox reviewed the place of business definition, explaining the reporting is based on zip codes, monthly business sales tax reports, and noted Farmers Branch is considered a monitoring leader statewide. Mr. Cox explained the current process is to review weekly new sales tax permit reports, cross reference new Certificate of Occupancy with sales tax permit numbers, monitor top 50 largest taxpayers monthly, and review the monthly confidential sales tax report. Mr. Cox noted reallocations can go back (4) years, stating over the past (20) years $13 million plus has been reallocated to Farmers Branch from staff research. Mr. Cox did note a recent de- allocation to City of Irving. Economic Development Manager Ms. Allison Cook briefed City Council regarding a program she is researching, similar to Town of Addison, which charges a $50 dollar fee, and allows annual business tracking. Ms. Cook further explained her program will be presented at a future Study Session for City Council to review. City of Farmers Branch Page 2 1 1 1 A.5 15 -155 Discuss agenda items for future City Council Meetings Deputy Mayor Pro Tem Harold Froehlich advised City Administration to review the audio /video feedback to make sure sound is adjusted properly for home viewing. Council Member Bomgardner asked if the Joint Planning & Zoning Commission and City Council meeting objectives have been set. Mr. Gillies explained the meeting is to discuss the future land use and direction of the West Side. He further stated that a large rezoning case will soon be presented, and two local developers (Centurion American) and (The Billinglsey Group) asked to present a brief vision of the West Side developments. Council Member Reyes asked. if Valwood Improvement Board would be invited to attend. Mr. Gillies confirmed that Pat Canuteson had been invited to attend on behalf of Valwood. After discussion, City Council requested City Administration to avoid Developer presentations at the joint meeting, and limit the discussion between the Planning and Zoning Commission and City Council regarding the West Side Development. Mayor Phelps recessed into Executive Session at 5:19 p.m. to discuss the following Executive Session Items: Council may convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate regarding: • Annual Evaluation of the Municipal Court Judge Council may convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property located east of George Bush Turnpike, south of Valwood Parkway and Brookhaven Club Drive and Marsh Lane, north of 1635. • Discuss the purchase, exchange, lease, or sale of real property known as a portion of the Robert J. West Survey, Abstract No. 1576, also known as 13605 Webb Chapel, Farmers Branch, Texas. Mayor Phelps concluded Executive Session at 5:50 p.m. Mayor Phelps called the Regular City Council meeting to order at 6 p.m. B. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Phelps gave the Invocation and led the Pledge of Allegiance. C. CEREMONIAL ITEMS No discussion. D. REPORT ON STUDY SESSION ITEMS Council Member Reyes provide a brief review regarding the following study session items: on street parking issues, amendments to the City Council and Board and Commissions ethics policy, and local sales tax revenue allocation. E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST Charles Cox reviewed the following: SHREDDING & HHW Because of rain, the second of our two opportunities for document shredding has been rescheduled for this Saturday, November 7 from 9 am until 12 noon, at City Hall. Farmers Branch residents may shred old documents at no cost to them. The next opportunity will be in the spring of 2016. In the meantime, City of Farmers Branch Page 3 there will be a Household Hazardous Waste Collection event on November 14, from 9 to 3 at Oran Good Park. VETERANS DAY Our annual celebration of those who have served is coming up with Veterans Day ceremonies on Wednesday, November 11 at 10:30 a.m. at the Farmers Branch Senior Center. The Manhattan Dolls will make a return appearance to serenade the expected capacity crowd, so be sure to get there early. TOUR OF LIGHTS Mark your calendars because it's almost that time of year. The Annual Farmers Branch Christmas Tour of Lights is just three weeks away, opening the day after Thanksgiving on Friday, November 27. The lights will be on every night through December 30 with the Historical Park portion of the tour closed on December 5 & 25 only. PARKS EQUIPMENT RODEO CHAMPIONS Congratulations go the Parks and Recreation Department where our Parks crew finished first place in the Equipment Rodeo recently held in Southlake. Crew members competed against 330 competitors in teams from 28 cities, showing their proficiency in everyday Parks activities. BOARDS & COMMISSIONS The City is always looking for civic - minded residents who want to give back by donating their time to serve on one of our boards and commissions. Right now, we have vacancies on the Family Advisory Board and the Community Watch Committee. But even if your interest lies elsewhere, we'd like to hear from you so we know who we can call when future spots open up. Please call the City Secretary's office at 972.919.2503 or come by City Hall. F. CITIZEN COMMENTS There were no citizens present that wished to speak. G. CONSENT AGENDA G.1 15 -156 Consider approval of minutes of the City Council meeting held on October 20, 2015, and take appropriate action. G.2 R2015 -101 Consider approving Resolution No. 2015 -101 authorizing the City Manager to execute a Project Specific Agreement with Dallas County for traffic signal improvements at Valley View Lane/Webb Chapel Road and pavement section repairs to Welch Road between Spring Valley Road and IH635; and take appropriate action. G.3 R2015 -105 Consider approving Resolution No. 2015 -105 authorizing the City Manager to approve the purchase of four sedans for Municipal Court and Police Department in the total amount of $79,412 from Caldwell Country Chevrolet through the Houston Galveston Area Cooperative; providing an effective date, and take appropriate action. G.4 R2015 -112 Consider approving Resolution No. 2015 -112 authorizing the purchase of four (4) Physio - Control LIFEPAK 15 Monitor /Defibrillators in the amount of $147,652.38 and take appropriate action. G.5 R2015 -115 Consider approving Resolution No. 2015 -115 casting a vote City of Farmers Branch Page 4 1 for the Fourth Member of the Board of Directors of the Dallas Central Appraisal District and take appropriate action. Motion to approve Consent Items G.1 through G.5 made by Mayor Pro Tem Connally, seconded by City Council Member Bomgardner. Motion approved by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner H. REGULAR AGENDA ITEMS H.1 R2015 -113 Consider approving Resolution No. 2015 -113 authorizing execution of a Residential Demolition /Rebuild Program Incentive Agreement for the owner of the property located at 12712 Epps Field and take appropriate action. Economic Development Manager Allison Cook briefed City Council regarding this item. Ms. Cook explained the applicant has chosen Option 1, noting this option includes a reimbursement of up to $5,000.00 of the cost of demolition of the original home following completion of demolition. Motion to approve made by Council Member Bomgardner, seconded by Mayor Pro Tem Connally. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner City Council skipped ,to Agenda Item H.3 H.3 R2015 -111 Consider adopting Resolution No. 2015 -111 for a Detailed Site Plan for a new flex office building at 2250 Morgan Parkway, and take appropriate action. Director of Community Services Andy Gillies briefed City Council regarding this item. Mr: Gillies explained The Billinglsey Company is proposing to develop a new flex office building located at 2250 Morgan Parkway located at the city limit between City of Farmers Branch and City of Dallas. Mr. Gillies reviewed the Detailed Site Plan, Landscape plan, and Elevations. After discussion, Motion to approve made by Council Member Reyes, seconded by Deputy Mayor Pro Tem Froehlich. Motion approved by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner City of Farmers Branch Page 5 H.2 R2015 -114 Consider approving Resolution No. 2015 -114 authorizing an amendment to Restriction Agreement for Mustang Station Phase 2 and take appropriate action. Managing Director of Operations John Land briefed City Council regarding this item. Mr. Land noted by waiving the restriction agreement, Western Securities has determined that creating more retail flex space in the Phase II building is financially not feasible. He further stated their marketing efforts to attract retail businesses to the Station are better served by placing these future retail and restaurant opportunities on other Western Securities controlled properties. Mr. Land further explained that the applicant has asked the City to waive this flex space requirement outlined in the Restriction Agreement. After discussion, Motion to approve made by Council Member Norwood, seconded by Council Member Bomgardner. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner I. PUBLIC HEARINGS 1.1 R2015 -100 Conduct a public hearing and consider adopting Resolution No. 2015 -100 granting a Detailed Site Plan approval of the Second Phase of a multi- family apartment complex located at 2501 Bill Moses Parkway and take appropriate action. Community Development Director Andy Gillies briefed City Council regarding this item. Mr. Gillies noted the proposal is to construct a 186 unit, 4 -story high multifamily apartment building on a 2.6 acre tract located at 2501 Bill Moses Parkway. He further explained that the apartment units range from 1 -3 bedrooms that are 588 square feet to 1,400 square feet. Mr. Gillies noted at 430 ft., the length of the building is 30 ft. shy of the PD -86 requirement noting this is the first special exception requested. He further stated that PD -86 requires that the finished floor elevation be no less than 30" above the exterior sidewalk elevation. For this property, a lower elevation was accepted in order to satisfy the existing slope of the site. This is the second of the special exceptions. Mr. Gillies noted this is a ministerial process noting the applicant has met all requirements. Council Member Norwood asked for clarification regarding the ministerial function. City Attorney Pete Smith explained the ministerial function basically means no discretion, and noted staff works with developer making sure the development meets all requirements. Mr. Smith noted there are two exceptions City of Farmers Branch Page 6 1 1 1 the applicant is requesting. Council Member Bomgardner reviewed the architect renderings from Phase I and Phase 11, asking if direction was provided when designing the building noting the roof line and buildings looked very different. Mr. Gillies explained the development provided for variety and uniqueness, noting the colors used, were based on correlation of blending Phase I and Phase 11, noting they met all requirements in PD-86. Applicant Joshua Hendon from Western Security and Architect Erik Earnshaw from BGO Architects were present to answer questions. Mr. Hendon explained he met with the Homeowner's Association and reviewed the reasons he felt the parking needs to be centralized were based on walking distance for each resident. He further stated centralized parking maximizes the number of apartment homes, allowed him to create two courtyards, and reduces the visual impact of the garage. Mr. Hendon noted he has removed the upper level sundeck. Deputy Mayor Pro Tem Froehlich asked for the total cost of construction for Phase 11. Mr. Hendon stated Mustang Crossing Phase 11 is a $29 million dollar project noting November 2017 is the estimated completion date. President of Mustang Crossing Home Owner's Association Mr. John Atkins and Marcus Miller provided a PowerPoint presentation expressing concerns regarding the following: parking garage .location, increased traffic, exhaust pollution, light pollution, noise pollution, loading zone location, mail center location and trash locations. Mr. Miller asked City Council to consider moving the parking garage along Charlie Bird Street instead of the residential neighborhood. Motion made by Deputy Mayor ProTem Froehlich to close the Public Hearing, seconded by Mayor Pro Tem Connally. Motion approved by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner After discussion, motion made by Deputy Mayor Pro Tem Froehlich to approve as amended, seconded by Mayor Pro Tem Connally. Motion prevailed by the following vote: City of Farmers Branch Page 7 Aye: 3 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, and Council Member Bomgardner No: 2 - Council Member Reyes, and Council Member Norwood 1.2 ORD -3347 Conduct a public hearing and consider adopting Ordinance No. 3347 relative to the Farmers Branch Youth Program Standards of Care in compliance with the Texas Human Resource Code, Chapter 42.041(b)(14) and take appropriate action. Parks and Recreation Manager Wimberly Phillips briefed City Council regarding this item. There were no citizens that wished to speak. Motion made by Mayor Pro Tem Connally to close the Public Hearing, seconded by Council Member Bomgardner. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner Motion to approve made by Mayor Pro Tem Connally, seconded by Deputy Mayor Pro Tem Froehlich. Motion approved by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner Mayor Phelps recessed into Executive Session at 7:30 p.m. J. EXECUTIVE SESSION J.1 15 -158 City of Farmers Branch Council 551.072 may convene into a closed executive session pursuant to Section of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property located east of George Bush Turnpike, south of Valwood Parkway and Brookhaven Club Drive and Marsh Lane, north of 1635. Discuss the purchase, exchange, lease, or sale of real property known as a portion of the Robert J. West Survey, Abstract No. 1576; also known as 13605 Webb Chapel, Farmers Branch, Texas. Council may convene into a closed executive session pursuant to 551.071 of the Texas Government Code to deliberate regarding: Discuss contemplated and pending litigation and/or administrative proceedings relating to the City's application for Municipal Solid Waste Permit No. 1312B pending before the Texas Commission on Environmental Quality: and City of Carrollton V. Texas Commission Page 8 1 1 on Environmental Quality et al, Cause No. D- 1- GN -14- 004356, 353rd Judicial District Court, Travis County, Texas • Discuss pending litigation styled City of Lewisville v. City of Farmers Branch, et Al., Civil Action No. 4:12 -cv -00782 in the U.S. District Court (E.D. Texas - Sherman Division) K. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED SESSION Council reconvened into Open Session at 8:58 p.m. Council Member Reyes made a motion to authorize the City Manager to negotiate and • execute a purchase and sale agreement with the Farmers Branch Local Government Corporation for the subsequent resale by the Farmers Branch Local Government Corporation to 1704 Ventures, LLC for the sale of approximately 1.6 acres located at the northwest corner of 135 and Valley View, Farmers Branch, TX and such other documents in consultation with the City Attorney, deem reasonable and necessary with respect to closing such transaction. Motion seconded by Council Member Norwood. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner L. ADJOURNMENT The meeting adjourned at 8:59 p.m. 12e/4_ Bob Phelps, Mayor ATTEST: Amy M. Piu !: na, City Secretary City of Farmers Branch Page 9