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2003-02-03 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 3, 2003 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Paul Walden Bill Moses Jim Robbs Calla Davis The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Fire Chief Police Chief Director of Engineering Director of Public Works Director of Community Services Director of Equipment Services Acting Director of Parks and Recreation Director of Economic Development Communications Director Recording Secretary Richard Escalante John Burke Linda Groomer Cindee Peters Margaret Somereve John Roach John Boyle Kyle King Chief Fawcett Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Jeff Harting Norma Nichols Tom Bryson Suzanne Reynolds Mayor Phelps called the City Council meeting of February 3, 2003 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps took a moment to observe and reflect on the Shuttle Columbia disaster. He asked for a moment of silence. 1i VolumeA, page 1 Mayor Pro Tem Bird gave the invocation and Councilman Moses led the pledge of allegiance. A.2 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.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE 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. 1 A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 20, 2003. B.2 APPROVED REQUEST BY TAB CONSTRUCTION FOR THE FINAL PLAT OF ST. MARY'S MALANKARA ORTHODOX CHURCH ADDITION. B.3 ADOPTED RESOLUTION NO. 2003-024 AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF CARROLLTON RELATIVE TO THE JOSEY LANE IMPROVEMENTS. B.4 ADOPTED RESOLUTION NO. 2003-017 AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO THE MANAGEMENT AND OPERATIONS AGREEMENT AND ASSET PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, AND CAMELOT TX, L.P., A TEXAS LIMITED PARTNERSHIP. B.5 ADOPTED RESOLUTION NO. 2003-025 AUTHORIZING THE USE OF EXCESS 2001-2002 COMMUNITY DEVELOPMENT BLOCK Volume 90, page 2 GRANT FUNDS FOR ADDITIONAL JAYCEE PARK IMPROVEMENTS. B.6 ADOPTED RESOLUTION NO. 2003-020 AWARDING THE BID FOR LARGE WATER METERS WITH REMOTE READ TECHNOLOGY FOR THE PUBLIC WORKS DIVISION. B.7 ADOPTED RESOLUTION NO. 2003-022 AWARDING THE BID FOR WEBB CHAPEL MEDIAN LANDSCAPE ENHANCEMENTS TO J&J SPRINKLER AND LANDSCAPE, INC. C.1 CITIZEN PARTICIPATION. Councilwoman Davis announced she would not be seeking reelection in 2003. Mayor Pro Tem Bird and Councilman Moses recognized the time and contributions Councilwoman Davis has given to the City. The Council thanked her for her service to the City. Reggie Mayo, 3034 Phyllis, thanked Councilwoman Davis and Richard Escalante for a good job and for moving the City forward. Deputy Mayor Pro Tem Walden also recognized Councilmember Robbs who will not be seeking reelection, and observed that a third of the City Council will be changing in May and stated that the City will continue to go forward despite these changes. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF MCDONALD ASSOCIATES FOR A SPECIFIC USE PERMIT TO ALLOW OUTSIDE STORAGE OF BUILDING MATERIALS AND A VARIANCE TO ALLOW FOR A REDUCTION IN THE REQUIRED PARKING AT 2115 VALLEY VIEW LANE, WITHIN PLANNED DEVELOPMENT NO. 77 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is a long and narrow-shaped site with two existing buildings. A 4,539 square foot office building fronts along Valley View Lane; and a 254,290 square foot warehouse and distribution building is located in the back. The outside storage is proposed to be located on the west side of the warehouse and distribution building at the rear half of the property, approximately 1,200 feet from Valley View Lane and 750 feet from Senlac Drive. The property does not front Senlac Drive nor is there access from Senlac Drive. The application proposes 17 percent of the total lot area for outside storage. Volume 90, page 3 The proposed outside storage will be screened by the existing buildings, the levee system to the northwest, and a proposed screening hedge along the west side. The west side of the existing warehouse building is used for shipping and receiving operations, and a portion of this area will be converted to outside storage. The application also seeks a variance to allow 196 instead of the 282 required parking spaces. PD-77 allows variance requests to be considered during site plan review. The specific use permit process allows for review of development proposals to ensure land use compatibility with surrounding and future development. The proposed outside storage, in conjunction with the existing wholesale warehouse and distribution facility, is consistent with existing surrounding commercial and industrial development. The potential for foreseeable impacts is limited to visibility of the outside storage from the upper floors of a future multi-story building should such development occur on nearby undeveloped land. The requested parking variance should not adversely impact the parking needs of this site, nor impact parking of nearby developments. The proposed outside storage request satisfies the minimum criteria for outside storage specified within the PD-77 zoning ordinance. Staff recommends approval of the specific use permit, including the requested variance, with the following conditions: The property owner shall install broadleaf evergreen variety shrubs, minimum 6' tall with a full spread not less than 2/3 of the shrub height at time of planting. Evergreen variety shrubs shall be subject to review and approval by staff prior to installation of shrubs, and shrubs shall be installed no more than 90 days after City Council action. The shrubs shall be irrigated by an automatic irrigation system and maintained in a living state and at a minimum height of 8 feet upon maturity. 2. The outside storage shall be limited to the area and location identified on the site plan and the operation shall be subject to the parameters listed in the Plan of Operation. 3. The parking variance shall pertain exclusively to the use of the property as wholesale warehouse and distribution consistent with the approved site plan. Volume 90, page 4 4. The subject property shall be replatted. The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit and the requested variance, subject to the four staff- recommended conditions. Mayor Phelps opened the public hearing. Robert Baldwin, 1445 Ross Ave., Dallas, introduced himself as representing Texas Wholesale Building Materials in their application for a specific use permit to allow for an outside storage area and a variance. He requested the Council's approval on this item and stated he would be available to answer any questions the Council may have. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Mayor Pro Tem Bird asked Mr. Baldwin if the applicant agreed with the four recommended conditions. Mr. Baldwin replied that the applicant agrees to comply with the four conditions. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2706 as 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 OUTSIDE STORAGE OF BUILDING MATERIALS AND APPROVING A VARIANCE TO ALLOW FOR A 30 PERCENT REDUCTION IN THE REQUIRED PARKING SPACES, LOCATED ON A 16.44-ACRE TRACT AT 2115 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 77 (PD-77) ZONING DISTRICT; 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. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF JOSE ALMANZA FOR A SPECIFIC USE PERMIT- INTERIM USE, FOR A PERIOD OF NOT LESS THAN FIVE YEARS, TO ALLOW RETAIL TIRE SALES AT 12900 STEMMONS FREEWAY, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE NORTH-BOUND STEMMONS FREEWAY FRONTAGE ROAD AND PIKE STREET AND WITHIN THE PLANNED DEVELOPMENT NO. 70, ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Volume 90, page 5 Mayor Phelps presented the following information. The application requests a Specific Use Permit-Interim Use for a period of not less than five years to allow for the reuse of an existing building for a retail tire store. A Specific Use Permit is tantamount to a zoning change. For such an application, consistency with guiding principles specified in the Comprehensive Plan and impacts to the use and value of adjacent properties are considered. The Comprehensive Zoning Ordinance states that a Specific Use Permit-Interim Use shall not be granted unless the City Council finds the use is "consistent with existing uses of adjacent and nearby property" and that "the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan during the period for which the Specific Use Permit-Interim Use is in effect." The Comprehensive Plan recommends "Commercial Mixed Use/Residential" development for this site. The predominant use in this category is office space, complemented by other commercial uses such as shopping and restaurants for employees and business visitors. The subject property is located in the Farmers Branch Station Area. The Station Area Conceptual Master Plan recommends "gateway" office development for this and neighboring properties in proximity to the intersection of Stemmons Freeway and Valley View Lane. On January 13, 2003, the Planning and Zoning Commission, by a 4 to 3 vote, recommended approval of the Specific Use Permit-Interim Use subject to the condition that a masonry wall shall be provided to screen the dumpster. The Commission also granted a special exception to waive the requirement for automatic irrigation. Staff recommends denial of the Specific Use Permit-Interim Use because the request fails to meet the criteria set forth in the Comprehensive Zoning Ordinance and the Station Area Conceptual Master Plan. Mayor Phelps opened the public hearing. John Oechsner, 3509 Brookline, asked for clarification on the words "for a period not less than five years. Mr. Oechsner asked if there could be a buy out or cancellation clause between property owner and lessee. Dick Calvert, Calvert Company and Architects, 1001 West Main Street, Carrollton, representing the applicant, reviewed the existing structures on the subject property, explaining that the current property owner knows that the site will be redeveloped when the DART station is opened. Mr. Calvert stated that Volume 90, page 6 due to the setbacks and parking requirements, this site would be difficult to redevelop. He discussed the proposed use of the building stating that the ordinance would allow a tire store with a specific use permit. He requested that the Council approve the specific use permit-interim use. A motion by Councilman Moses, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," closed the public hearing. Councilmember Robbs made the following statement: I agree that tire sales may not be the most appropriate use for this property, and its current appearance is not conducive to the Comprehensive Plan or the immediate area's future use. However, we are discussing a piece of property owned by a private party who is and has been paying property taxes. I do not feel it is morally ethical to refuse to allow the property owner to rent this facility. The purpose of the Comprehensive Plan was to facilitate DART rail coming to Farmers Branch. The latest DART proposed estimate for this to happen is the year 2008. As eager as we are to have a Public Transportation rail line serving Farmers Branch, I have serious doubts the next five years will have any impact upon this requested SUP. Maybe under the current unpredictable circumstances with DART, the City Council should readdress this request. I personally cannot consider this Comprehensive Plan or the Station Area Conceptual Master Plan to be a reason for denying this request. Deputy Mayor Pro Tem Walden stated he has concerns with a tire store opening in the gateway area to the City. He asked Mr. Calvert what would happen at the end of the five years. Mr. Calvert stated in five years the City would have a better handle on where they are in regards to DART. Deputy Mayor Pro Tem Walden stated he had concerns about the irrigation. Community Services Director Michael Spicer stated that without irrigation the vitality of the landscaping is questionable. Deputy Mayor Pro Tem Walden asked about boring under the driveway. Mr. Calvert replied the difference is in the length of the bore, a residential driveway being twelve feet wide, and the existing driveway being forty feet wide. Volume 90, page 7 Councilwoman Davis asked if the applicant had experience at another location that Council could visit. Mr. Salas explained 500 S. Carol is where his father-in- law had a tire shop and he helped him for ten years; however, it is no longer operated by the family. Mayor Pro Tem Bird asked if there were another tire store location managed by the applicant that Council could visit. Mr. Calvert replied there is not another location. Mayor Pro Tem Bird asked if the proposed tire sales will be all new tires; Mr. Calvert replied yes, all new tires. Mayor Pro Tem Bird asked what happens to the used tires. Mr. Salas replied a contractor will pick up the old tires daily. Mr. Salas also stated that all tires would be stored inside. Mayor Pro Tem Bird stated he still has concerns about the five years. He inquired about the small piece of property behind the building. Mr. Calvert replied it is still owned by Word of Faith. Mayor Pro Tem Bird stated he did not feel he had enough information on this item to make a decision, and expressed his concerns about cars being stored outside over night. Mayor Pro Tem Bird stated that the applicant should install irrigation on the site. Mr. Calvert replied the landscaping on the property is not the problem; the problem is the landscaping in the right-of-way. Councilman Moses moved to adopt a motion for a three-year term with a two- year option. There was no second to the motion. Billy Marcom stated his father purchased this property around 1920, and it has since been passed down to his nephew Rusty. He also stated the property needed to be rented so the taxes could be paid. City Attorney John Boyle stated this interim use application is akin to a deed restriction. Further, when the applicant files, it is clear in the application that the applicant recognizes that the use of the property is only needed for specified period of time. When the application is filed, the number of years in the application is the number the applicant agrees to, and the notice is advertised accordingly. Mr. Boyle stated that if the number of years for this specific use permit is going to be less than what was requested on the application, the owner of the property must come forward and agree that a three-year amortization is appropriate and agreeable, and the documents signed to reflect that. Councilwoman Davis suggested this item be tabled until the March 3, 2003 City Council meeting, to get the item in the correct form. Councilman Moses replied he did not want to see this item delayed. Mayor Pro Tem Bird stated he would hate to see this item defeated before receiving more information on it. Volume 90, page 8 It was moved by Councilman Moses, seconded by Councilman Robbs, to grant the application for a three-year term with a two-year option. Mr. Boyle stated the motion can be made but will not be valid unless the owner is agreeable to the term. Mr. Escalante stated there would have to be additional papers filed that attest by the owner in writing to the lesser period of time. Mr. Boyle stated Council can pass the motion to direct the ordinance to be drafted and the underlying paperwork to be brought back to Council. Mayor Phelps asked if this could be passed tonight. Mr. Boyle recommended against it. Mr. Escalante stated the advice provided by the attorney is reflective of the unique nature of this interim use, and suggested that Council review the documents before taking action. Mayor Pro Tem Bird asked if the applicant would be opposed to the alternative suggestion. The applicant replied he would not have a problem. He stated he was ready to sign if the paperwork were done. Deputy Mayor Pro Tern Bird asked the applicant if they could bring this item back on the February 17, 2003 City Council meeting. Mr. Calvert expressed that it was their desire to expedite this item. Mayor Phelps restated the motion: A motion by Councilman Moses, seconded by Councilman Robbs, to approve Ordinance No. 2707 for a three-year period with a two-year option at the discretion of the City. A substitute motion was made by Deputy Mayor Pro Tern Walden, seconded by Councilwoman Davis, to table this matter for reconsideration by the Council at the next scheduled City Council meeting. Following further discussion, Deputy Mayor Pro Tem Walden withdrew his substitute motion and moved a second substitute motion, which was seconded by Councilwoman Davis, to direct staff to reformulate the proposed specific use permit with a three-year term with a two-year option at the discretion of the City with irrigation included to be considered by the Council at the next meeting. The motion carried with a vote of 3-2, with Mayor Pro Tem Bird, Deputy Mayor Pro Tem Walden, and Councilwoman Davis voting "aye," and Councilmen Moses and Robbs voting "nay." Volume 90, page 9 D.1 CONSIDER ADOPTING ORDINANCE NO. 2708 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 3 AND PLACE 5 ON MAY 3, 2003 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 3, 2003 an election for Place 3 and City Council Place 5 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road, and the Crosby Road Recreation Center at 1610 Crosby Road, Carrollton, Texas. Place 3 and Place 5 will serve three-year terms. Early voting will be held in City Hall beginning April 16, 2003 and ending April 29, 2003. The hours for early voting will be 8:00 a.m. to 5:00 p.m., Monday through Friday. The city hall voting place will be open on Saturday, April 26, 2003 from 8:00 a.m. to 5:00 p.m. and Sunday, April 27, 2003 from 1:00 p.m. to 6:00 p.m. On April 28, 2003 and April 29, 2003 the hours for voting will be 7:00 a.m. to 7:00 p.m. for the convenience of the citizens to vote early. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2708. There being no discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tem Bird all voting "aye," adopted the following captioned Ordinance No. 2708 issuing the Election Order calling for a City Council Election for Place 3 and Place 5 to be held on May 3, 2003. ORDER CALLING AN ELECTION FOR COUNCIL MEMBER PLACE 3 AND COUNCIL MEMBER PLACE 5. D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-018 AWARDING THE BID FOR PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO JIM BOWMAN CONSTRUCTION COMPANY, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Street Resurfacing Program is budgeted in the Non-bond Capital Improvement Fund with funds available for the 2001-2002 and 2002-2003 programs in the amount of $2,000,000.00. Twenty-two lane-miles of streets will be resurfaced. As part of the annual resurfacing program, repairs to concrete pavement are required prior to the streets being resurfaced. If awarded, this bid will complete repairs on thirty- eight sections of streets to prepare them for resurfacing. Requests for bids were mailed to sixteen contractors, and one was picked up from the City Purchasing Agent. Eight bids were returned and opened on January 7, 2003. All bids met specifications. Jim Bowman Construction Company, Inc. submitted the lowest bid in the amount of $690,805.50. Jim Bowman Construction Company, Inc. was awarded the contract last year and their work was satisfactory. The project balance will be used for resurfacing with hot mix Volume 90, page 10 J asphalt, roto-milling, replacement pavement markings and traffic loop detectors, and installation of manhole and valve risers. The Director of Public Works and the City Engineer recommend adopting Resolution No. 2003-018 awarding the bid for pavement repairs at various locations to Jim Bowman Construction Company, Inc. in the amount of $690,805.50. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," adopted Resolution No. 2003- 018 awarding the bid for pavement repairs at various locations to Jim Bowman Construction Company, Inc. in the amount of $690,805.50. D.3 CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is a vacancy on the Zoning Board of Adjustment and Building Code Board of Appeals due to Tamara Cleghorn requesting not to be reappointed. 1 There is a vacancy on the Historical Preservation and Restoration Board due to Judy Cargill requesting not to be reappointed. A motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tern Walden, all voting "aye," to bring this item back on the March 3, 2003 City Council meeting. DA PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. There were no Council committee or organization reports. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated he, Deputy Mayor Pro Tem Walden, and Councilman Moses, attended the groundbreaking ceremony for segment IV President George Bush Turnpike on Friday, January 31, 2003. 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 6:30 P.M. AND THEN CONCLUDED AT 7:09 P.M.. Volume 90, page I I 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 sale or trade or leases of City owned property or acquisition of property located in the area known as Old Farmers Branch and take appropriate action. Mayor Phelps stated 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 litigation regarding Edmond and Liljana Perona vs. the City of Farmers Branch, Texas and take appropriate action. Review with City Attorney the case of Walker vs. City of Dallas et al Consideration of Dallas Housing Authority Agreement, and take appropriate action. I Mayor Phelps stated staff was present to discuss this item with the City Council. E.3 Discuss economic development - Texas Government Code Section 551.087. Discuss economic development incentive package for Farmers Branch company and take appropriate action. Mayor Phelps stated staff was present to discuss this item with the City Council. E.4 Discuss personnel matter - Texas Government Code Section 551.074. Discuss resignation of City Manager, appointment of interim City Manager, and hiring process of new City Manager and take appropriate action. Mayor Phelps stated the City Manager was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps called for necessary action on items discussed in Executive Session. Volume 90, page 12 A motion by Councilwoman Davis, a second by Deputy Mayor Pro Tem Walden, all voting "aye," accepted the resignation of the City Manager, Richard Escalante, and waived the sixty-day notice provision in the employment contract. A motion by Councilman Moses, a second by Mayor Pro Tem Bird, all voting "aye," appointed John Burke as interim City Manager beginning February 4, 2003. F.2 Adjournment. A motion by Mayor Pro Tem Bird, a second by Deputy Mayor Pro Tem Walden, all voting "aye," adjourned the City Council meeting of Fe1S ary 3, 2003 at 9:00 p.m. r , Bob Phelps, Mayo Cindee Peters, City Secretary Volume 90, page 13