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1988-03-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 03/01/88 COUNCIL CHAMBER POLICE BUILDING 8:00 A.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers John D. Dodd Bob Phelps John Dunagan Calla Davis Dave Blair Herb Weidinger The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales Director of Utilities Bill Cox City Engineer Jerry Murawski Traffic Engineer Larry Cervenka Recording Secretary Julie Parker Mayor Dodd called the City Council Meeting of 03/01/88 to order at 8:07 a.m. A.1 INVOCATION Councilman Weidinger gave the invocation and led the Pledge of Allegiance. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS A.2A THROUGH A.2C. Under the title of consent items are items that are to be considered and action taken 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 Vol. 54, Page 124. concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Seeing that there were no items to be added to or taken away from the Consent Agenda Items, Councilman Phelps moved to approve the Consent Agenda Items as listed below. Councilman Blair seconded the motion and all voted "aye." A.2a APPROVED CONCRETE AT 3552, A.2b APPROVED OF A DAM ADJACENT THE FILL PERMIT FOR CONSTRUCTION OF A DAM ALONG FARMERS BRANCH CREEK LOCATED 3554 and 3556 GOLFING GREEN DRIVE. THE FILL PERMIT FOR REPAIR AND CONSTRUCTION LOCATED IN BROOKHAVEN ESTATES NO. 15 TO THE FARMERS BRANCH CREEK. A.2c APPROVED THE FILL PERMIT FOR CONSTRUCTION OF A RESERVOIR AT BROOKHAVEN COUNTRY CLUB NORTH OF PEBBLE BEACH DRIVE. A.3 PUBLIC HEARING: CONSIDER REQUEST OF CENTRE DEVELOPMENT CO. INC. TO AMEND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS FOR THE PLANNED DEVELOPMENT NO. 51 ZONING DISTRICT LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the Public Hearing. Mayor Dodd explained that Centre Development Co. Inc. owns the eighteen (18) acre site located at the northwest corner of Midway Road and LBJ Freeway. The current zoning is Planned Development District Number 51 (PD-51), which allows a maximum of 1,540,000 square feet of building floor area to be constructed on the site. Mayor Dodd further explained that Centre Development Co. Inc. is requesting an amendment to the PD-51 standards to increase the density from a 2:1 Floor Area Ratio to a 4:1 Floor Area Ratio which will allow a maximum floor area of 3,040,000 square feet. A Concept Plan is submitted as a part of the Development Standards. The Planning and Zoning Commission, by a 6-1 vote, recommended the zoning amendment be approved subject to the following conditions: The Planning and Zoning Commission recommends this amendment be approved with the condition that the developer participates in a TMO and that the LBJ/Midway intersection improvement be in place prior to the issuance of a Certificate of Occupancy in Vol. 54, Page 125. Phase I which is defined as any building or combination of buildings up to 1,500,000 sq. ft. of building area. Also, the rezoning is conditioned upon either the equitable participation by the developer in an Impact Fee District if one is established, or if such a district is not established, a developer's contract must be executed that will obligate the developer to pay a pro-rata share of designated off-site traffic improvements. Mike DeGrazier of Centre Development came forward and explained the request for the zoning amendment. He stated that the Planning and Zoning Commission had outlined the necessary off-site traffic improvements that needed to be made, one of which is that Midway Road be widened to 8 lanes divided from LBJ to McEwen. Mr. DeGrazier does not think widening Midway to 8 lanes is an appropriate move before it is determined if 8 lanes will ever be necessary. He also added that the Planning and Zoning Commission is asking Centre Development to pay a pro-rata share of the off-site traffic improvements, however, due to Senate Bill 336, Centre does not have legal rights to do off-site improvements. Tom Scales, Director of Community Services, came forward and stated that the City staff has no disagreement with Centre Development over the use of the property or the density, provided the infrastructure is available to support the density on the property. At Phase I, however, the City would like to have all on-site improvements done at that time and that includes dedications for future street widening. Mr. Scales also stated that at the time Centre plats Phase I they should install the conduit for inter-connection of signalization along Midway Road. Mr. Scales stated that according to traffic studies made, improvement to specific intersections on the east side of town will have to be made to support the traffic created by the proposed 3,000,000 square foot development on the Centre property. Skip Trimble of Centre Development came forward and added that Centre Development has no problem with paying their share of the improvements in Phase 3, but that the representatives from Centre were present to attempt to iron out the mechanism to do that. Mr. Trimble stated Centre will take the key responsibility for putting in the intersection at Midway and LBJ which will cost $1,000,000.00. He stated that Centre is not even asking to dodge any impact fees but is asking that the responsibility of establishing the impact district be taken away from Centre and placed on the City so those Vol. 54, Page 126. improvements will be done when Centre is ready to move forward. Tom Scales stated that, when establishing an Impact Fee area, the City is dealing with all the property owners on the east side and not just Centre Development. Mr. DeGrazier stated he feels the City must take on the commitment to put in the impact district because each developer will need those improvements made at the time they are ready to move forward with their development. He added that the intersection Centre is putting in at Midway and LBJ will benefit all property owners on the east side. Seeing that no one else wished to speak during this Public Hearing, Councilwoman Davis moved to close the Public Hearing. Councilman Dunagan seconded the motion and all voted "aye." MAYOR DODD HAD TO LEAVE THE COUNCIL CHAMBER TO TAKE CARE OF SOME CITY BUSINESS. HE TURNED THE MEETING OVER TO MAYOR PRO TEM PHELPS. Richard Escalante, City Manager, stated that a presentation outlining the timetable for implementing the impact fee will be presented at the Study Session of the next City Council meeting on March 14, 1988. When asked by Councilwoman Davis how long it would take for the impact fees to be put in place, Tom Scales stated about one year. Councilman Blair asked John Boyle, City Attorney, if Centre Development's present contract is void due to Senate Bill 336. John Boyle stated that Centre's contract was in place at the time the Senate Bill was enacted, the present contract and zoning will be good for three years which is from June 20, 1987 until June 20, 1990. Mr. Boyle pointed out, however, that all phases of this project are not likely to come about before June 20, 1990. Senate Bill 336, when roads are concerned, does two things: (1) you cannot extract capital impact fees for roads outside the city limits, and (2) you are excluded from extracting fees for state or federal highways. You are not excluded from phasing but if Centre gets into the year 1990 with Phase 3 and have exceeded what their proportionate share would be, then there is no mechanism for getting reimbursement for the excess cost. Mike DeGrazier asked that given that the City has to come into compliance with Senate Bill 336 could Centre be reassured that the City could reimburse them under their present zoning. The City Attorney stated that after June 20, 1990 they cannot be assured of reimbursement. Vol. 54, Page 127. Councilman Phelps asked the City Attorney if the $150,000.00 in the contract is a debt to the City.. Mr. Boyle said the City in good faith will reimburse the amount but it is not a debt that must be paid. Councilman Blair asked the City Attorney if the City is faced with the same problem with other developers in terms of the length of time to get the impact district established and is the establishment of this impact district essential to make all those projects work. John Boyle stated that in any extent that those developer's contracts and or zoning ordinances incorporate any requirements for any improvements out of the City or for any improvements in connection with the State Highway Department it will be essential for the City to establish some kind of an impact district to make all these projects work. Councilman Weidinger asked Mr. DeGrazier when they might be able to get started on Phase 1. Mr. DeGrazier stated that the earliest to begin Phase I would be 1990. Councilman Weidinger expressed concern that with all the development in the area that the traffic flow would be congested without Midway Road being widened to 8 lanes. Mr. DeGrazier stated that the City had requested Centre to furnish them with. a second traffic study which Centre did. That study indicated that Midway Road could be left like it is given that the intersection at Midway and LBJ was done which Centre Development has agreed to do. Mr. DeGrazier went on to add that Centre Development does not want to be saddled with requirements that may never be needed. Mr. Trimble stated that Centre would be happy to put into the contract that at such time the 8 lanes is needed then the land would be dedicated. Centre also agrees to be a member of the impact district and to take on the full responsibility to put in the intersection at a cost of $1,000,000.00. Councilman Blair asked Mr. Trimble how the Council could provide assistance for the City and for Centre Development. Mr. Trimble asked that the City create the impact district and assess the impact fee. City Manager, Richard Escalante, commented on the staff recommendations and stated that the question is security for Centre and security for the City. Also the question the staff was faced with was does the proposal protect the City under reasonable foreseeable circumstances. Mr. Escalante stated the Staff's position remains as stated. Vol. 54, Page 128. Tom Scales commented that it is still legal to tie zoning to phases of development so the recommendation to tie certain levels of development to certain traffic improvements is still legal. Mr. Escalante stated that the staff would have no problem with changing the language to delete the reference to Senate Bill 336, nor to readdressing the phasing. He stated he, Mr. Cervenka and Mr,. Scales would talk about possibly making this a five-phase project and to spread out the requirements for off-site improvements. Mr. DeGrazier explained that these things could be worked out in the Developer's Contract. Calla Davis stated that she would like to see wording in the ordinance to the effect that if the City did not have the Impact District in place at the time Centre Development was ready to move forward, that Centre Development would not be held up with their project. John Boyle stated that the ordinance is not here before the Council so if the Council is a mind to the language could be addressed in the ordinance so as not to wait six months or a year and then come back with the Developer's Contract. The Council is aware now of what each party is desirous of. Councilman Phelps moved to have the appropriate ordinance drafted under the advisement of the City Attorney and bring that ordinance back before the City Council for approval. Councilman Blair seconded the motion. Councilman Blair, Councilman Phelps, Councilwoman Davis and Councilman Weidinger voted "aye.," Councilman Dunagan voted "nay." The motion passed 4 to 1. MAYOR DODD CALLED A FIVE MINUTE BREAK. MAYOR PRO TEM PHELPS CALLED THE CITY COUNCIL MEETING BACK IN SESSION AT 9:40 A.M. A.4 CONSIDER REQUEST BY DARYL SNADON FOR REPLAT APPROVAL OF BELTWAY CHAMPION OFFICE PARK. Mayor Pro Tem Phelps explained that this tract of land is located on Inwood Road between Spring Valley and Alpha Road and is in the PD-56 zoning district. The property is being replatted in order to extend the time frame in which the City may require removal of buildings presently located within the Concourse Drive R.O.W. The current plat states that the City may not give notice for removal prior to April 1, 1989 and the replat extends this date to December 1, 1994. This time frame will coincide with Vol. 54, Page 129. present lease agreements. There are no other changes resulting from this replat. The Engineering Department has reviewed this replat and it complies with the City's requirements for replat approval. Planning and Zoning Commission recommends this replat for approval. Councilwoman Davis moved to approve the request by Daryl Snadon for a replat approval of Beltway Champion Office Park. Councilman Dunagan seconded the motion and all voted "aye." A.5 CONSIDERATION OF A REQUEST BY DALLAS COUNTY COMMISSIONERS' COURT TO PARTICIPATE IN THE DALLAS COUNTY HOUSING BOND PROGRAM. Mayor Pro Tem Phelps explained that Dallas County is in the process of implementing a new housing bond program. The program will allow families with incomes between $15,000 and $25,000 a year to purchase existing single family homes. Mayor Pro Tem Phelps further explained that in order for Farmers Branch residents to participate in the program, a resolution of support is required. Ben Brooks of Hutchison Price Boyle and Brooks came forward to further clarify the request and answer questions from the Council. Councilman Blair asked Mr. Brooks if someone could come in under the pretense of being qualified for this program and buy a home and then turn around and use the the home as rental property. Mr. Brooks stated this would be in violation of the mortgage and the mortgage would be taken away. Councilwoman Davis asked if this program is just for new homes or for existing also. Mr. Brooks stated he understands this is for both existing and new housing. Councilwoman Davis expressed concern that this program could bring low-income housing into the City. Mr. Gary Machak of Rauscher Pierce Refsnes, 2400 RPR Tower, Plaza of the Americas, Dallas, and representing Dallas County as a Financial Advisor stated this program would not include development of any kind but rather existing housing. Mr. Machak indicated an administrator would be appointed to the program who would be assigned to this area. Vol. 54, Page 130. Councilman Dunagan asked if this program has anything to do with HUD or Section 8 Housing, and Mr. Machak stated it does not. These homes would be in the price range of $87,669 to $96,000 homes. Councilman Blair moved to grant the request by Dallas County Commissioners' Court to participate in the Dallas County Housing Bond Program for the purchase of existing single family homes with a Certificate of Occupancy on the date Resolution No. 88-034. Councilwoman Davis seconded the motion and all voted "aye." A.6 CONSIDER RESOLUTION NO. 88-037 REQUESTING THE CORPS OF ENGINEERS TO REFRAIN FROM UTILIZING THE REGIONAL ENVIRONMENTAL IMPACT STATEMENT ON THE TRINITY RIVER FOR FLOOD INSURANCE MAP UPDATES AND REQUESTING OUR CONGRESSIONAL DELEGATION TO FUND AND AUTHORIZE APPROPRIATE STUDIES TO UPDATE THE FLOOD INSURANCE MAPS AND TAKE APPROPRIATE ACTION Mayor Pro Tem Phelps explained that the Corps of Engineers either has given or is programmed to give the hydrologic and hydraulic analysis portion of Regional Environmental Impact Statement on the Trinity River (REIS) to FEMA to update the Flood Insurance Maps. The analysis is based on conservative assumptions and does lack the detail to be used for map updates. The REIS even cautioned against such use. Mayor Pro Tem Phelps further explained that the REIS flood elevations exceed greatly those of other studies and the cost to increase flood control structures to meet the REIS elevations exceed $20,000,000 in the Farmers Branch-Carrollton Flood Control District alone. Jerry Murawski, City Engineer, came forward to give a brief rundown on the project and recommended that Resolution No. 88-037 be approved as a positive step toward preserving the stability and integrity of the Farmers Branch-Carrollton Flood Control District and other developments along the Elm Fork to the Trinity River. Councilman Blair moved to approve Resolution No. 88-037 requesting the Corps of Engineers to refrain from utilizing the Regional Environmental Impact Statement on the Trinity River for flood insurance map updates and requesting our Congressional Delegation to fund and authorize appropriate studies to update the flood insurance maps. Councilman Weidinger seconded the motion and all voted "aye." Jerry Murawski stated that the previous week representatives from the levy district went to Washington, D.C. and met with Phil Gramm, Lloyd Bentson, Dick Armey and others and were told Vol. 54, Page 131. that there would be no problem with either finding the funds or getting the authorization for the studies to update the flood insurance maps. Other cities have been approached and are putting together documents. City Manager, Richard Escalante, stated that some of the City Council members are going to Washington D.C. for the National League of Cities Annual Congressional City Conference and certainly this should be added to their agenda. A.7 CONSIDER ADOPTING RESOLUTION NO. 88-039 APPROVING CHANGE ORDER NO. 6 TO THE CONSTRUCTION CONTRACT FOR VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION Mayor Pro Tem Phelps explained that the reconstruction of Valwood Parkway from I.H.35E to Josey Lane is Project ST-25 of the Bond Program. The construction contract for the subject project was awarded to Uvalde Construction Company in the amount of $1,365,582.03 and Change Orders have added $201,982.24, bringing the contract total to $1,567,564.27. Mayor Pro Tem Phelps further explained Change Order No. 6 is in the amount of $16,800.00. This is a Change Order for the installation of an 8" corrugated metal French under drain. Resolution 87-057 provided the funding for this item through a budget adjustment on January 4, 1988. The unencumbered funds for this project are $52,056. Street Lighting and the Dairy Queen sign are th4 estimated cost of This Change Order delay in the lime The City Engineer to approve Change remaining items to be encumbered at an $31,000. was submitted at this time to prevent any stabilization operation. recommends adoption of Resolution No. 88-039 Order No. 6. Councilman Blair asked if this Change order is only for the French drain. Jerry Murawski, City Engineer, stated this Change Order is only for the French drain. $35,256.00 will remain to pay for the relocation of the Dairy Queen sign, expected to be presented to the City Council for action on March 14, 1988, and new street lighting. The estimated cost for these two items is $31,000.00. Councilman Blair moved to adopt Resolution No. 88-039 approving Change Order No. 6 to the Construction Contract for Valwood Parkway. Councilwoman Davis seconded the motion and all voted "aye." A.7a CONSIDER REQUEST FOR PARTICIPATING IN FUNDING FOR STUDENT IN THE PRESIDENTIAL CLASSROOM PROGRAM AND Vol. 54, Page 132. TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Phelps explained this item was discussed at the Council Study Session of February 15, 1988. The Council instructed that the item be placed on the March 1, Council Meeting agenda for consideration. Councilwoman Davis stated she would like to see the City Council approve at least the $200.00 transportation cost to assist Cynthia L. Saiter in participating in the Presidential Classroom program. Councilwoman Davis moved to approve the transportation costs not to exceed $200.00 for Cynthia L. Saiter to participate in the Presidential Classroom program in Washington, D.C., to be held March 5 - 12, 1988. Councilman Blair seconded the motion and all voted "aye." A.8 PRESENTATION OF BOARD APPLICATIONS. Mayor Pro Tem Phelps explained that this item gives applicants an opportunity to present board applications to the City Council. No one wished to present a board application to the Council. A.9 CITIZEN PARTICIPATION. No one wished to speak. F.1 ADJOURNMENT. A motion by Councilman Dunagan and a second by Councilman Blair with all voting "aye" adjourned the City Council meeting of March 1, 1988 at 10:15 a.m. r;. John Dodd City Secretary Vol. 54, Page 133.