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2004-02-02 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 2, 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: City Manager 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 Community Services Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer 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 Michael Spicer Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of February 2, 2004 to order at 7:31 p.m. The meeting was televised. Volume 82, page 132 A.l INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Bird gave the invocation and Councilman Robinson led the pledge of allegiance. A.2 PRESENTATION OF AWARDS FROM THE TEXAS TURFGRASS ASSOCIATION FOR ORAN GOOD 2 TO BE HONORED AS BASEBALL FIELD OF THE YEAR AND FROM THE SPORTS TURF MANAGERS ASSOCIATION FOR ORAN GOOD 5 TO BE HONORED AS NATIONAL SOFTBALL FIELD OF THE YEAR. Mayor Phelps presented the following information. In the months of December 2003 and January 2004, the Parks and Recreation Department received state and national recognition from two separate turf maintenance organizations. Oran Good 2 was honored as Baseball Field of the Year by the Texas Turfgrass Association, and Oran Good 5 was honored as the Softball Field of the Year by the National Sports Turf Managers Association. Rick Parker with the Texas Turfgrass Association presented the "Baseball Field of the Year Award" to the City's Parks and Recreation staff Jeff Fuller, Parks and Recreation Director, Russell Coe, Pam Smith, and Charles Cancellare. Kathy Cassmeyer, Past President of the North Texas Chapter of the Sports Turf Managers Association, also presented the "National Softball Field of the Year Award" to the grounds crew in recognition of turf and facility excellence at Oran Good 5. A.3 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. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no board applications presented. 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. Volume 82, page 133 A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 19, 2004. B.2 ADOPTED RESOLUTION NO. 2004 -014 AUTHORIZING THE CITY MANAGER TO SIGN A STREET LIGHT AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, expressed his concerns about the Dallas County Justice of the Peace office at 2774 Valwood Parkway moving out of Farmers Branch and the Dallas County office at the corner of Valley View Lane and I-35 moving into the 2774 Valwood Parkway location. Mayor Phelps stated he would get with Mr. Wells after the meeting. J C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY ANGELO J. VACCARO ON BEHALF OF MICHAEL GREGORY FOR A SPECIFIC USE PERMIT- INTERIM USE TO ALLOW OUTDOOR STORAGE OF PIPE AND OTHER PLUMBING SUPPLIES FOR A PERIOD OF NOT LESS THAN 2 YEARS, EXTENDING FROM FEBRUARY 1, 2004 TO FEBRUARY 1, 2006, LOCATED AT 1641 KEENAN BRIDGE ROAD WITHIN PLANNED DEVELOPMENT NUMBER 77; CONSIDER ORDINANCE 2757, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is improved with a 1,664 square foot brick office building, a 4,800 square foot metal warehouse building, and a telecommunication antenna tower. The existing buildings and a masonry wall partially screen the outside storage of pipes and plumbing supplies from Keenan Bridge Road. Since 1990 the site has been awarded five interim specific use permits for outside storage and general repair. The current interim specific use permit expires on February 1, 2004. The applicant's filed request and staff's recommendation for the Specific Use Permit-Interim Use are for 2 years. At the Planning and Zoning Commission hearing, the applicant requested the time period be extended to 7 years. The Planning and Zoning Commission by a vote of 5 to 2 recommended approval of the requested Specific Use Permit-Interim Use and associated site plan to extend for a period of 4 years, with the following condition: 1. The Specific Use Permit-Interim Use shall expire on February 1, 2008. Volume 82, page 134 Mayor Phelps opened the public hearing. A motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," closed the public hearing. Councilman Robinson stated he felt the 4 years proposed for the specific use permit interim use was too long and asked why the City does not stay with 2 years. Kaizer Rangwala, Director of Planning, reviewed the history and use of the specific use permit submitted. Mr. Rangwala stated staff's recommendation was for 2 years. The Planning and Zoning Commission recommends 4 years. Councilman Bird stated Council is not denying the applicant and he agrees with Councilman Robinson and recommends 2 years. Councilman Bird inquired what would happen if something came up during the next 4 years. City Manager Linda Groomer replied that the applicant would still have his permit and the City could initiate a review of the permit; however, surrounding development would have to take the remaining timeframe on the permit into consideration as to how it might impact them. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance Number 2757 approving the Specific Use Permit-Interim Use for outdoor storage for a period of 2 years, expiring on February 1, 2006. 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-INTERIM USE FOR A PERIOD OF TWO (2) YEARS, EXPIRING FEBRUARY 1, 2008 TO ALLOW OUTDOOR STORAGE OF PIPE AND OTHER PLUMBING SUPPLIES ON AN APPROXIMATELY 1.6 ACRE TRACT OF LAND SPECIFICALLY DESCRIBED AS LOT 1, BLOCK 1 OF THE GREGORY ADDITION AND MORE COMMONLY KNOWN AS 1641 KEENAN BRIDGE ROAD WITHIN THE PLANNED DEVELOPMENT NO. SEVENTY-SEVEN (PD-77) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. Volume 82, page 135 D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-020 IN SUPPORT OF A REGIONAL APPROACH TO AIR QUALITY IMPROVEMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The North Texas Council of Governments has requested that its member cities consider adopting a resolution supporting measures intended to help the region attain its air quality goals. The North Texas Region, including Dallas, Tarrant, Denton and Collin Counties, is currently in violation of the federal, one-hour standard for air quality. The region will also be required to meet a new proposed 8-hour ozone standard that will be finalized by the EPA by April 2004. This new standard will require a new State Implementation Plan containing additional ozone reduction strategies designed to meet the new health based standard. It is believed that the best way to meet the standards and improve air quality is to set achievable goals, provide cost effective solutions, and implement those measures as soon as practicable to improve air quality. The State has created the Texas Emissions Reduction Program to provide funding to reduce pollution from on-road and off-road diesel equipment over the next four years. Farmers Branch could utilize funds from the State program to recover a substantial portion of the cost of retrofitting and/or replacing diesel equipment for the purpose of reducing pollution caused by diesel engines. The proposed resolution, if adopted, will establish a goal of continuing the City's efforts to reduce electricity consumption, and also states that the City will attempt to reduce emissions from diesel-fueled vehicles in both public and private fleets. The proposed resolution supports the application of more energy efficiency measures in the design of public and private buildings and facilities. The resolution includes a listing of more detailed measures that the City can use as a guidance document in evaluating decisions that could affect air quality. Traffic Engineer Dave Davis, Equipment Services Director Don Moore and Assistant to the City Manager Margaret Somereve, gave a presentation on the following: Air Quality Report from the Metroplex Mayors Association Meeting of January 13, 2004, Reducing Electricity Consumption, and Air Quality and Emissions Reduction History. Mayor Phelps stated this is a process that will take several years to accomplish. There being no further discussion, a motion by Mayor Phelps, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2004-020 in support of a regional approach to air quality improvement. D.2 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND APPOINTMENT OF CHAIRPERSON Volume 82, page 136 FOR THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," reappointed Rebecca Crawford to the Historical Preservation and Restoration Board. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, appointed Debra Marshall to serve as Chair of the School-Community Relations Committee. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. City Manager Linda Groomer stated that on Thursday, January 29th she traveled to Austin to attend the Texas Municipal Clerks Certification Program to be present when City Secretary Cindee Peters received her re-certification certificate. Ms. Linda stated Richard Escalante, Vice Chancellor at the University of North Texas, gave the keynote address at the award ceremony. DA PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Pro Tem Walden stated he and Councilwoman Smith attended the Planning and Zoning Commission meeting on January 26th "DFW Economic Trends" presented by Dr. Weinstein. He stated the program was well worth the time for him and Councilwoman Smith. Ms. Groomer stated Dr. Weinstein's presentation is available on tape and if anyone is interested in viewing the tape to contact Cindee Peters, City Secretary. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:24 P.M. AND THEN CONCLUDED AT 7:17 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. Volume 82, page 137 Mayor Phelps explained that Staff was present to discuss this item with the City Council. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss pending or contemplated litigation related to the environmental cleanup of the former St. Stephens dry cleaners property located at 2788 Valwood Parkway. Discuss pending or contemplated litigation related to the environmental cleanup efforts of Wellmark International, located at 12200 Denton Drive in Dallas. Mayor Phelps stated Staff was present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained that Staff updated City Council on items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Walden, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of February 2, 2004 at 8:25 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 82, page 138