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1994-02-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 7, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Calla Davis Councilmembers Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Planning Michael Spicer City Engineer Jerry Murawski Traffic Engineer Dave Davis Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of February 7, 1994 to order at 7:30 P.M.. The meeting was televised. Vol. 66, Page 16 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION TO THE CITY FROM THE NORTH DISTRICT CIRCLE 10, BOY SCOUTS OF AMERICA. Mr. John Burke presented Mayor Blair the Chairman's Award of the "helping hand" from the North District Circle 10 Boy Scouts of America for the city's support of the Boy Scout programs. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", accepted the award. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to J. C. Carver of the Fire Department. Mayor Blair presented a fifteen year employee service award to Dalton Chambers of the Public Works Department. A.4 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1. Mayor Blair stated that 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 concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", added item D.2 to the consent agenda items. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 24, 1994. Vol. 66, Page 17 D.2 ADOPTED RESOLUTION NO. 94-015 WHICH PROVIDES TCI CABLEVISION NOTICE THAT THE CITY OF FARMERS BRANCH WILL EXERCISE THE OPTION TO HIRE A CONSULTANT TO EVALUATE THE PERFORMANCE OF TCI CABLEVISION UNDER THE FRANCHISE ORDINANCE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF JOSE GOMEZ FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW "AUTO REPAIR" AT 2420 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 33 (PD-33) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed site is a 0.5 acre parcel located at the southwest corner of Valwood Parkway and Distribution Way. Two existing Specific Use Permits (sups) presently allow used car sales and display on the property in accordance with a previously approved site plan. Automobile repairs are permitted only with the approval of a new SUP. Mr. Gomez proposes to operate an auto repair facility only; there will be no used car sales. He intends to occupy the existing one story masonry building which is approximately 1,430 square feet in area and provide landscaping along Valwood Parkway and Distribution Way. Presently, no landscaping exists on site. The proposed use is compatible with all abutting uses and the character of the area in general. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit request to allow auto repair only be approved subject to the following conditions: 1. An irrigation plan be approved by Staff prior to the issuance of any building permits or any Certificate of Occupancy. 2. All landscaping and irrigation shall be installed in accordance with the approved site plan within 90 days after occupying the premises. A permanent Certificate of Occupancy shall not be issued until all site features fully comply with the approved site plan. 3. All repair activities shall take place exclusively within the building. 4. Paint and body repair work shall be prohibited. Vol. 66, Page 18 5. Any vehicles kept on-site during hours in which the facility is not open to the public shall be stored either indoors or inside the paved and screened vehicle storage area as shown on the approved site plan. Mayor Blair opened the public hearing. Mr. Gomez was present to answer any questions of the City Council. There being no discussion, a motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. Mayor Blair asked Mr. Gomez if he agreed with the conditions recommended by the Planning and Zoning Commission. Mr. Gomez stated he agreed with the conditions recommended by the Planning and Zoning Commission. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2107, approving the Specific Use Permit with conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE GENERAL REPAIR FACILITY WITHIN THE PLANNED DEVELOPMENT NUMBER 33 (PD-33) ZONING DISTRICT AT 2420 VALWOOD PARKWAY; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF WORD OF FAITH FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW "DENOMINATIONAL SCHOOL" AT 12800 HARRY HINES AND WITHIN PLANNED DEVELOPMENT NO. 31 (PD-31) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed site is a 0.68 acre lot located at the northeast corner of Carrick Street and the Stemmons Freeway frontage road. A two-story masonry building having 14,480 square feet of gross floor area occupies the site. The property formerly housed office and retail uses. Vol. 66, Page 19 The applicant intends to convert the existing structure to church classrooms and office space. No exterior improvements are proposed. The Planning and Zoning Commission, by unanimous vote, recommends the SUP request for a denominational school be approved subject to the following conditions: 1. The building facade fronting Stemmons Freeway shall be repaired and all remnants of previous signage on both stories removed prior to the issuance of a Certificate of Occupancy. 2. The second floor balcony on the west side of the building shall be repaired where damaged sheetrock presently exists prior to issuance of a Certificate of Occupancy. Mayor Blair opened the public hearing. Mr. Willis Lang representing Word of Faith was present to answer any questions the City Council might have. There being no discussion, a motion by Councilman Pyle, a second by Councilwoman Hardie, all voting "aye", closed the public hearing. Mayor Pro Tem Davis asked Mr. Lang if he objected to the rewording of condition number one recommended by the Planning and Zoning Commission to read "The building facade fronting Stemmons Freeway shall be repaired, all remnants of previous signage on both stories removed, and the facade refinished such that existing or resulting blemishes are not visibly apparent from abutting public street right-of-way. " Mr. Lang stated he had no problem with that condition. There being no further discussion, a motion by Mayor Pro Tem. Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2106, approving the Specific Use Permit with the conditions and substitution of condition number one as mentioned above recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A DENOMINATIONAL SCHOOL IN THE PLANNED DEVELOPMENT NUMBER 31 (PD-31) ZONING DISTRICT LOCATED AT 12800 HARRY HINES; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Vol. 66, Page 20 CA CONSIDER THE REQUEST OF JOHN E. TAYLOR FOR SITE PLAN APPROVAL FOR A MOTEL AT 13904 HARRY HINES AND WITHIN THE PLANNED DEVELOPMENT NUMBER 30 (PD-30) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mr. Taylor represents the developer, Mr. Vino Patel, who proposes to erect a two-story, 31 unit motel on the 0.48 acre lot at 13904 Harry Hines. The site is a vacant parcel between an industrial plant (Chromalloy EDM) and an automobile paint and body repair business. The proposed motel would be approximately 9,500 square feet in area and have a brick and stucco exterior. No restaurant, swimming pool or other recreational amenities are proposed. Staff s review of the proposed development included visiting other similar motel facilities in neighboring cities. Staff has discovered that, in general, these types of motels are commonly beset with certain problems, namely, an unusually high demand on code enforcement and the necessity to seek additional assistance from other City departments, including the Police Department. Improving the overall appearance, safety, and economic stability of the Stemmons Corridor has been a high priority of the City's for many years, as evidenced by the studies, zoning amendments and proposed re-zoning related to the Old Farmers Branch Area. Staff is concerned that similar problems associated with these motels are likely to arise here. Should such problems occur, the demand on the code enforcement, Staff and other City departments, including the Police Department, would appreciably increase. Following the Planning and Zoning Commission meeting, additional information related to the demand for police services developments such as these place on the City were brought to the attention of the Community Services Department. Consequently, the Staff recommends that Council continue consideration of the request for site plan approval until March 7, 1994, in order to allow Staff additional time to conduct research pertinent to this request and future similar development proposals. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved as submitted. However, the Chairman of the Commission supports Staffs recommendation on the basis of information received following the Planning and Zoning Commission meeting. The Staff recommends Council continue consideration of the request until March 7, 1994. 7 I ~J Vol. 66, Page 21 Mayor Blair stated City Council discussed this item at length in Study Session and Mr. Patel has agreed to a continuation for further study. Mayor Blair asked Mr. Patel if he would like this item heard tonight. Mr. Patel stated this would be a nice motel with a franchise. Mr. Patel stated the motel would create no addition crime than is already in the area. Mr. Patel explained he felt the motel will add value to the area. Mr. Patel explained he had no objection to the continuation of his item until March 7, 1994. Mr. John Taylor stated the correct address was 13900 Stemmons Freeway and not 13904 Harry Hines. Mayor Blair explained the City Council would like to investigate this further because four particular properties in Carrollton and surrounding areas had problems which involved the police department in these cities. Mayor Blair stated he understood Mr. Patel had leased this property and did not personally operate the motel in Carrollton. Mayor Blair explained that Mr. Patel as leasor had some control over the motel leased in Carrollton. Mr. Taylor stated this was not something new, City staff has had this request since December 1, 1993. Mr. Taylor stated the motel in Carrollton was a 60 unit building and the proposed motel would only be a 30 unit motel. Mr. Taylor stated this motel would not have a bar as the one in Carrollton. Councilman Phelps asked whether there were any better drawings of the site plan. Mr. Taylor stated full scale drawings had been submitted to the city. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued consideration of the site plan until March 7, 1994 as recommended by Staff. D.1 CONSIDER APPROVAL OF AN ORDER CALLING CITY COUNCIL ELECTION FOR PLACE 3 AND PLACE 5 ON MAY 7, 1994 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On May 7, 1994, an election for City Council Place 3 and Place 5 will be held at the Farmers Branch Library, 13613 Webb Chapel Road. Place 3 and Place 5 will be for a three (3) year term. Early voting will be held in city hall beginning April 18, 1994, and ending May 3, 1994. The hours for early voting will be 8:00 a. m. to 5:00 p. m., Monday through Friday. The city hall will be open on Saturday, April 30, 1994 for the convenience of the citizens to vote early. Vol. 66, Page 22 In the event the Council wishes to enter into a joint election contract with Dallas County, it will be necessary to amend the election order at a later date. The City Secretary recommends the issuance of the Election Order. Mayor Pro Tem Davis asked what it would take to amend the election order. Mayor Blair stated it would just take amending this order at a later date. Mayor Blair asked the City Secretary when it would have to be amended. City Secretary Ruth Ann Parish stated she would find out this information at a meeting on February 11, 1994. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2108 issuing the Election Order calling for a City Council Election for Place 3 and Place 5 to be held on May 7, 1994. ORDER CALLING AN ELECTION FOR CITY COUNCIL MEMBERS, PLACE 3 AND PLACE 5. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 94-009 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN VARIOUS STREETS TO PRIMATE CONSTRUCTION AND TAKE APPROPRIATE ACTION Mayor Blair presented the following information for consideration. The Public Works Department is involved in a long-range pavement maintenance program. One goal of the program is to seal joints and cracks in 26 lane miles each year. 26.4 lane miles were sealed last year at a cost of $98,961.00. The 1993-1994 program will seal 29 lane miles. To continue the program in 1993-1994, bid requests were mailed to eleven vendors. Two bid packets were picked up by vendors, bringing the total to thirteen vendors. Five bids were received and opened on January 21, 1994. Four bids met specifications. The lowest bid meeting specifications was submitted by Primate Construction in the amount of $99,705.42. Funds in the amount of $100,000.00 are available in the 1993-1994 Public Works operating budget. The Director of Public Works recommends adopting Resolution No. 94-009 awarding the bid for cleaning and sealing of joints and cracks in various streets to Primate Construction, in the amount of $99,705.42. Vol. 66, Page 23 There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 94-009 awarding the bid for cleaning and sealing of joints and cracks in various streets to Primate Construction, in the amount of $99,705.42. DA CONSIDER ADOPTING RESOLUTION NO. 94-010 AWARDING THE BID FOR SIDEWALK REPAIRS AT VARIOUS LOCATIONS TO GERRY'S CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids on the 1993-1994 sidewalk repair contract were mailed to nine vendors. Three bids were received and opened on January 21, 1994. All three bids received met specifications. The lowest bid meeting specifications was submitted by Gerry's Concrete for a unit price of $3.39 per square foot. Funds in the amount of $75,000.00 are available in the 1993-1994 Public Works operating budget to finance the work and payment will be made on an actual unit price basis. The unit price bid for repairs to 4" thick sidewalk is $3.39 per square foot. Staff recommends that the City award the bid to Gerry's Concrete for a total payment not to exceed $75,000.00. The Director of Public Works recommends adopting Resolution No. 94-010 awarding the bid for sidewalk repairs at various locations to Gerry's Concrete for a total payment not to exceed $75,000.00. There being no discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-010 awarding the bid for sidewalk repairs at various locations to Gerry's Concrete for a total payment not to exceed $75,000.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 94-012 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS FOR THE PUBLIC WORKS DEPARTMENT TO STONE CONTAINER CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bids for the purchase of the annual supply of paper refuse sacks were mailed to five vendors. The bid specified sacks constructed of a combination of one-ply recycled and one-ply natural Kraft paper. Three bids were received and opened on January 28, 1994, and all bids met specifications. The low bid meeting specifications was submitted by Stone Container Corporation in the amount of $188,500 for 1,000,000 sacks which will be delivered to each resident in March and August. The cost of each sack is approximately .19 cents. Vol. 66, Page 24 Funds in the amount of $211,150 are available in the Public Works operating budget for this purchase. The Director of Public Works recommends adopting Resolution No. 94-012 awarding a bid for the purchase of the annual supply of paper refuse sacks to Stone Container Corporation in the amount of $188,500. There being no further discussion, a motion by Councilman Moses, a second by Mayor Pro Tem. Davis, all voting "aye", adopted Resolution No. 94-012 awarding a bid for the purchase of the annual supply of paper refuse sacks to Stone Container Corporation in the amount of $188,500. D.6 CONSIDER ADOPTING RESOLUTION NO. 94-005 AUTHORIZING THE CITY MANAGER TO EXECUTE TAX ABATEMENT AND DEVELOPMENT AGREEMENT BETWEEN CITY OF FARMERS BRANCH, PARK WEST E-2 ASSOCIATES AND SPRINT COMMUNICATIONS, COMPANIES, L.P. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Sprint Agreement requires approval by three attorney groups; including City; Sprint and Prentiss properties. To date, we have not been advised that the parties have reached an agreement. City Attorney John Boyle will advise the City Council of the appropriate procedures relative to this item. Mr. Boyle stated all three attorney groups have just not been able to coordinate their schedules to approve this tax abatement and development agreement. Mr. Boyle stated City Council should remove this item until such time as all three attorney groups can approve this agreement. There being no further discussion, a motion by Councilman Pyle, a second by Mayor Pro Tem Davis, all voting "aye", removed this item until such time as all three attorney group's can approve this agreement. D.7 CONSIDER CHANGING THE SECOND CITY COUNCIL MEETING DATE OF FEBRUARY AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained this item has been placed on the agenda at his request. Mayor Blair stated Councilman Pyle and himself would not be available for the February 21st meeting. Mayor Blair suggested changing the Council meeting from Monday the 21st to Tuesday the 22nd of February. Vol. 66, Page 25 There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", approved February 22, 1994 as the second City Council meeting date for February. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave a report on a meeting in Austin on January 27, 1994. Mr. Blair stated this meeting with the Texas Department of Transportation was to request more funds be made available to the Dallas area for highway projects. Mayor Blair stated this was a very good meeting. D.9 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED THAT IT WAS NOT NECESSARY TO GO INTO AN EXECUTIVE SESSION NOR WAS AN EXECUTIVE SESSION HELD IN THE 4:30 P.M. STUDY SESSION MEETING. E.1 DISCUSS PERSONNEL MATTERS Mayor Blair stated he had contacted the members of the Farmers Branch Historical and Preservation Board and the Valwood Improvement Authority Board whose terms have expired. All members desire to be reappointed. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS LISTED ON THE AGENDA. A motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", reappointed the following members to the Farmers Branch Historical and Preservation Board for a term of two (2) years: Place 3 Glenna Grimmer Place 4 Ron Doerler Place 5 Jackie Deaton Place 6 Betty Thacker A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye reappointed Michael Fitzpatrick to serve Place 3, and Buddy Rees to serve Place 5 on the Valwood Improvement Authority Board of Directors. Appointments will serve a two year term. Vol. 66, Page 26 F.1 ADJOURNMENT. A motion by Councilwoman Hardie, a second by Mayor Pro Tem Davis, all voting "aye", adjourned the City Council meeting of February 7, 1994 at 8:24 P.M. za'~- Mayor City Secretary C Vol. 66, Page 27