Loading...
2003-02-17 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 17, 2003 6:00 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 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 Chief Fawcett Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Jeff Fuller Norma Nichols Tom Bryson Suzanne Reynolds Mayor Phelps called the City Council meeting of February 17, 2003 to order at 6:00 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Mayor Pro Tem. Bird led the pledge of allegiance. Volume 90, page 14 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. A motion by Mayor Pro Tern Bird, seconded by Councilmen Moses, all voting "aye," added item D.1 to the Consent Agenda. A motion by Mayor Pro Tem Bird, seconded by Councilmen Moses, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 3, 2003. B.2 ADOPTED RESOLUTION NO. 2003-029 AUTHORIZING THE CITY MANAGER TO PURCHASE SHADE STRUCTURES FOR JAYCEE PARK FROM SUN PORTS INTERNATIONAL, INC. B.3 ADOPTED RESOLUTION NO. 2003-019 AWARDING THE BID FOR STREET MARKING INSTALLATION AT VAROUS LOCATIONS TO BTA SERVICES, LTD. D.1 ADOPTED THE FOLLOWING ORDINANCE AND RESOLUTION REGARDING THE CITY'S INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM. RESOLUTION NO. 2003-027 A RESOLUTION OF THE CITY OF FARMERS BRANCH, TEXAS ENDORSING THE IMPLEMENTATION OF A CONTINUING PRETREATMENT PROGRAM AS REQUIRED Volume 90, page 15 BY 40 CFR 403 FOR THE CENTRAL REGIONAL WATER SYSTEM. ORDINANCE NO. 2709 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES, TREATED AND UNTREATED EFFLUENT, SEWAGE AND ALL OTHER WASTES INTO PUBLIC SEWERS OF THE CITY OF FARMERS BRANCH, TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED, PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, REPEALING ORDINANCES NO. 1555 AND NO. 1596 AND ALL CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Lane, commented on City Manager Richard Escalante's leaving the City and taking a position at the University of North Texas as Vice Chancellor, as a sad day for the citizens of Farmers Branch. Kathleen Matsumura, 3938 Clubway Drive, stated that she wished the DART presentation made during Study Session could have been made during the regular meeting for citizens to hear too. C.2 PUBLIC HEARING: TO BE CONDUCTED AT 7:30 P.M. AS ADVERTISED. C.3 CONSIDER THE REQUEST OF JOSE ALMANZA FOR A SPECIFIC USE PERMIT-INTERIM USE, FOR A PERIOD OF NOT LESS THAN FIVE YARS, TO ALLOW RETAIL TIRE SALES AT 12900 STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Council conducted the public hearing on this item on February 3, 2003, closed the public hearing, and continued this item for two weeks directing staff to draft an ordinance that would grant a Specific Use Permit-Interim Use for three years, require automatic irrigation, and provide an option before the City Council to consider extending the use for an additional two-year period. Subsequent to the hearing before the City Council, based on a three-year recovery timeframe, the applicant has submitted two revised lists of investments contemplated on this site. One list includes automatic irrigation and the other list does not include automatic irrigation. Volume 90, page 16 The application requests a Specific Use Permit-Interim Use for the reuse of an existing building for a retail tire store. 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 that recommends "gateway" office development for this and neighboring properties in proximity to the intersection of Stemmons Freeway and Valley View Lane. Planning and Zoning Commission Recommendation: 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 Recommendation: 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 Plan. Deputy Mayor Pro Tem Walden asked staff if they received amortization schedules both with and without irrigation included. Michael Spicer, Director of Community Services, replied they did receive two amortization schedules, one including irrigation and one excluding irrigation. Deputy Mayor Pro Tem Walden asked if there was a difference in the cost. Kaizer Rangwala, Director of Planning, explained the cost difference on the amortization schedules is approximately $2,500. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance 2707, granting a Specific Use Permit-Interim Use for three years with an option before the City Council to consider extending the use for an additional two-year Volume 90, page 17 period, including the condition to screen the dumpster with a masonry wall, and excluding the provision to include the irrigation system. 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 TO ALLOW A RETAIL TIRE STORE FOR A PERIOD OF THREE (3) YEARS (TO EXPIRE ON FEBRUARY 17, 2006), PROVIDING THE PROCEDURE FOR THE CITY COUNCIL TO EXTEND THE INTERIM USE FOR A PERIOD NOT TO EXCEED TWO (2) YEARS, ON A 0.37 ACRE TRACT OF LAND KNOWN AS 12900 STEMMONS FREEWAY WITHIN THE PLANNED DEVELOPMENT NO. 70 - OLD FARMERS BRANCH - FREEWAY SUBDISTRICT (PD-70-OFB-FW) 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. D.1 APPROVED AS PART OF THE CONSENT AGENDA. D.2 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated on February 7 he attended the Dallas Regional Mobility Coalition meeting, and on the same evening he attended the Golden Deed Awards honoring Annette Griffin. On February 8, he attended the Knights of Columbus dinner honoring the Police and Fire Departments. On February 11, he attended the Metroplex Mayor's Meeting and afterwards he attended the 4A and 4B meeting. On February 14, he attended the Farmers Branch Chamber of Commerce Valentine's Luncheon held at Brookhaven College, and also on February 14 he met with a 24-member Russian Delegation at City Hall. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Mayor Phelps read a letter he received from Tom Allen, Chairman of the Governmental Accounting Standards Board. Mr. Allen stated that he received a copy of the City's Comprehensive Annual Financial Report for the fiscal year 2002 and commented that City staff has done an exemplary job in reporting on the finances of the City using new accounting standards. The intent of these new Volume 90, page 18 standards is to improve the reporting of cost-of-services information and provide more useful information on the overall financial position of the City. 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 5:40 P.M. AND THEN RECESSED AT 5:50 P.M FOR THE 6:00 P.M. CITY COUNCIL MEETING. THE CITY COUNCIL RECONVENED INTO EXECUTIVE SESSION AT 6:45 P.M. AND CONCLUDED AT 7:13 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 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. 1 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. A motion by Mayor Phelps, seconded by all members of the City Council, with all voting "aye", appointed John Burke, Assistant City Manager, as interim City Manager which he shall be paid an annual salary based on $145,000 and an additional $200 per month car allowance and Linda Tidwell Groomer is appointed City Manager with an effective date six to nine months from now due to the need for Ms. Groomer to attend to personnel family matters. F.2 SPECIAL RECOGNITION OF CITY MANAGER RICHARD ESCALANTE. Mayor Phelps and City Council presented Richard Escalante with a proclamation recognizing all his excellent work for the City of Farmers Branch and wished him well on his new job as Vice Chancellor for the University of North Texas System. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF MONA ALDRIDGE FOR A SPECIFIC USE PERMIT TO ALLOW A THERAPEUTIC MASSAGE ESTABLISHMENT, AT 14225 INWOOD ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 27 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Volume 90, page 19 This public hearing was conducted at 7:30 p.m. as advertised in the legal notice, following the regular meeting, which began at the earlier time of 6:00 p.m. on February 17, 2003. Mayor Phelps presented the following information. The applicant currently operates a health care facility within an existing office- retail center located on Inwood Road near the intersection of International Parkway, north of Spring Valley Lane. Health therapies such as acupuncture, chiropractic, colon therapy, and aromatherapy are currently offered at the health care facility. The applicant seeks to expand the existing health care facility to an adjacent suite to offer therapeutic massage. A specific use permit is required for facilities offering therapeutic massage to ensure that massages are offered only by state-licensed massage therapists in accordance with State Law. The request complies with all PD-27 development standards. The request to offer therapeutic massage at a health care facility by licensed practitioners complies with State Law and PD-27 development standards. Staff recommends approval of the specific use permit subject to the following condition: Massage shall only be practiced by State-licensed massage therapists in strict compliance with the plan of operation, site plan, and Texas State Law. On January 27, 2003, the Planning and Zoning Commission, by unanimous vote recommended approval of the Specific Use Permit, subject to the condition recommended by staff. Mayor Phelps opened the public hearing. As there was no one present speaking at the public hearing, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion a motion by Councilman Moses, seconded by Mayor Pro Tem Bird, all voting "aye," adopted the following captioned Ordinance 2710 approving the Specific Use Permit, 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 Volume 90, page 20 BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 14225 INWOOD ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 27 (PD-27) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; 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. F.3 ADJOURNMENT. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of February L003 :53 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 90, page 21