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2004-03-15 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, March 15, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Paul Walden Bill Moses Charlie Bird Junie Smith Ben Robinson The following members of Administration were present: Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager Director of Economic Development City Attorney Fire Chief Police Chief Acting Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Roach Norma Nichols John Boyle Kyle King Jimmy Fawcett Kate Lyon Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds The following member of Administration was absent: City Manager Linda Groomer Mayor Phelps called the City Council meeting of March 15, 2004 to order at 7:30 p.m. The meeting was televised. Volume 93, 17 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Craig Reed of St. Andrews Episcopal Church gave the invocation and Councilwoman Smith led the pledge of allegiance. A.2 PROCLAMATION IN RECOGNITION OF THE YOUTH ETIQUETTE SYMPOSIUM. Mayor Phelps presented the following information. Earnestine Cole founded the Youth Etiquette Symposium in 2000 to inspire youth with positive life skills. The Youth Etiquette Symposium is a leadership, mentoring and career development organization for youth ages 10 to 18. The Symposium offers free seminars during which youth are taught leadership skills through their service to others and are encouraged to practice good manners in all situations. In November 2003, Ms. Cole brought the Youth Etiquette Symposium to the Farmers Branch Manske Library with a series of cultural arts classes. On February 15, the Symposium held its first "Annual Afternoon of Art" at the Library during which the Symposium made a $100 donation to the Friends of the Farmers Branch Manske Library. The artwork of the students remained on display in the gallery for four weeks following this event. Mayor Phelps presented a proclamation to Ms. Earnestine Cole and participants of the Youth Etiquette Symposium. A.3 PRESENTATION BY DAVID MERRITT, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION, OF THE 2003 ANNUAL PLANNING AND ZONING REPORT. David Merritt, Chairman of the Planning and Zoning Commission, presented the 2003 Annual Planning Report to the City Council and gave a brief description of the report. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 25-year employee service award to Shannon Chowning of the Public Works Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no board applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Volume 93, 18 B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated 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 Walden, seconded by Councilman Robinson, all voting "aye," adopted the Consent Agenda as submitted. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF MARCH 1, 2004. B.2 APPROVED RESOLUTION NO. 2004-032 FOR A SITE PLAN AMENDMENT BY DAVID RANDALL FOR THE ADDITION OF RECREATIONAL AMENITIES AT LAKEVIEW AT PARKSIDE APARTMENTS, FORMERLY SONTERRA/CORTESIA APARTMENTS, 36.397 ACRES LOCATED AT 3950 AND 3990 SPRING VALLEY ROAD, WITHIN PLANNED DEVELOPMENT NUMBER 64. B.3 ADOPTED RESOLUTION NO. 2004-030 AWARDING THE BID FOR THE PURCHASE OF THREE THERMAL IMAGING CAMERAS FOR THE FIRE DEPARTMENT. B.4 ADOPTED RESOLUTION NO. 2004-031 AUTHORIZING THE CITY MANAGER TO PURCHASE WIRELESS NETWORK COMPONENTS AND INSTALLATION FROM NEXTIRAONE, NETMOTION/HBR AND TECHNICAL CONCEPTS UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS. Mayor Phelps announced the groundbreaking for the Stars Center on March 24th at 10 a.m. and the two Community Meetings on March 23rd at the Manske Library and March 25th at the Senior Center. He invited residents to attend both events. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, asked if the City would be sending staff members to the International Association of Shopping Centers Conference this year. Volume 93, 19 C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY TRIPLE A OIL PROPERTIES, LP FOR A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION INCLUDING CONVENIENCE STORE ON AN APPROXIMATE 0.65-ACRE SITE LOCATED AT 2360 VALWOOD PARKWAY, WITHIN THE PLANNED DEVELOPMENT 70 OLD FARMERS BRANCH FREEWAY SUBDISTRICT, CONSIDER ORDINANCE 2761 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a specific use permit to redevelop the subject site as a gasoline service station including convenience store. The existing building and canopy will be removed and proposed improvements consist of a 3,040 square foot convenience store building, a new canopy; and five pump islands accommodating 10 fueling stations. Within the proposed convenience store, approximately 750 square feet is being allocated for a sandwich shop, which is a permitted use by right within the zoning district. The proposed land use is consistent with the intent of the Comprehensive Plan, which identifies this area as general commercial. The use is compatible with existing surrounding businesses typically found at the intersection of arterial roadways with freeways. Planned Development 70 zoning district allows special exceptions to the development standards contained within the ordinance, subject to review and approval by the Planning and Zoning Commission. The Planning and Zoning Commission approved special exceptions for setback encroachment, landscaping and signage. Given the existing site constraints, the special exceptions allow for the redevelopment of the existing site and facilities with a better design. Besides the requested special exceptions, the proposed development complies with PD-70 zoning requirements. The Planning and Zoning Commission, by unanimous vote, approved the requested special exceptions and recommends approval of the proposed specific use permit request, including the associated site plan, with the following conditions: Utility easements shall be dedicated by plat or by a separate instrument document, as determined by the City Engineer. 2. The lighting under the canopy shall be recessed so that the fixtures are flush with the soffit of the canopy surface. 3. The placement of the plant material near the proposed monument sign location, as shown on the landscape plan, shall be revised, subject to review and approval by staff, prior to issuance of a building permit. Volume 93, 20 4. The property owner shall provide a hold harmless agreement for the monument sign to encroach into the utility easement, prior to issuance of a building permit. Mayor Phelps opened the public hearing. A motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," closed the public hearing. Mayor Pro Tern Walden asked the applicant what the time frame would be to start construction. Paul Klooster, 12342 Inwood, replied it is a six-month project and when they receive their building permit they would start on the project. Mayor Phelps asked the applicant if he was in agreement with the Planning and Zoning Commission's four recommendations. Mr. Klooster replied yes. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem Walden, all voting "aye," adopted the following captioned Ordinance No. 2761 approving the proposed specific use permit request, including the associated site plan, with the 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, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A GASOLINE SERVICE STATION INCLUDING CONVENIENCE STORE ON AN APPROXIMATE 0.65-ACRE TRACT LOCATED AT 2360 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH FREEWAY SUBDISTRICT (PD-70 OFB-FW)) ZONING DISTRICT; REPEALING ORDINANCE 2574; PROVIDING FOR 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.1 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, ANIMAL SHELTER ADVISORY COMMITTEE, COMMUNITY WATCH COMMITTEE AND ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be brought back to the April 5th City Council meeting. Volume 93, 21 A motion by Deputy Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," appointed Chris Smith to the Zoning Board of Adjustment and Building Code Board of Appeals. D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or travel requests. D.3 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith stated on March 4th she attended a Skate Park charrette held at the Recreation Center regarding the possibility of having a skate park in Farmers Branch. On March 8th she attended the Planning and Zoning Commission meeting at which Tina Perez with the Dallas Business Journal presented "Relocation and Retention". Councilman Bird stated he attended the ribbon cutting at the Metrocrest Medicine Foundation at RHD Hospital the previous week. On March 6th he, Mayor Phelps and Deputy Mayor Pro Tern Moses attended the American Southwest Conference First Pitch Softball Tournament held at Oran Good Softball Complex. Deputy Mayor Pro Tern Moses stated on March 30th there is a "Get Acquainted Get Together Program" at the Senior Center for those interested in the activities that are offered at the Senior Center. Mayor Phelps stated on March lst he attended the Senior Breakfast at the Senior Center. At 3:30 p.m. City Attorney John Boyle, City Secretary Cindee Peters and he attended a special public hearing at City Hall for Parish Day School. At 7:30 p.m. he conducted the regular City Council meeting. On March 2nd Sandy Grayson, Chairman of the Dallas Council Transportation Division, Mayor Slagel of Richardson, Collin County Judge, and two people from the Greater Dallas Chamber of Commerce met with the Dallas Morning News editorial staff regarding I-635 funding. On March 3rd City Manager Linda Groomer and he attended a luncheon meeting with Mike Vance of the Omni Hotel and representatives from the Dallas Hotel Association regarding hotel taxes being raised for the proposed Dallas Cowboys Stadium. On March 5th he attended the Dallas Regional Mobility Coalition meeting. On March 6th Deputy Mayor Pro Tem Moses, Councilman Bird and he attended the American Southwest Conference First Pitch Softball Tournament at Oran Good Softball Complex in which teams from Arkansas, Louisiana, Mississippi and Texas competed. On March 11th City Manager Linda Groomer, Farmers Branch Chamber President Fred Ferguson, Martha Rocha with Southwestern Bell and he met with the Randy Locey of the Dallas Stars regarding the new Stars Center. On March 12th he attended the Farmers Branch Chamber Board Meeting at 10 a.m. and at noon he attended the luncheon at the new Recreation Center. At 6:30 p.m. he and Volume 93, 22 Councilman Bird along with their spouses attended the author dinner at the Library. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:35 P.M. AND THEN CONCLUDED AT 6:18 P.M.. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the acquisition of property at 13402 Dennis Lane, Farmers Branch, Texas. Discuss property acquisition at the southwest corner of Golfing Green Drive and Webb Chapel Road, Farmers Branch, Texas. 1 Discuss the sale, trade or leases of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas Mayor Phelps explained that staff was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tern Walden, a second by Councilman Robinson, all voting "aye," approved the acquisition of 13402 Dennis Lane for $140,000. Mayor Phelps explained that staff updated City Council on the remaining items in Executive Session and no other action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tern Walden, a second by Councilwoman Smith, all voting "aye," adjourned the City Council meeting of March 15, 2004 at 8:28 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 93, 23