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2001-09-24 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 24, 2001 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Tem Councilmembers Bob Phelps Calla Davis Charlie Bird Jim Robbs Paul Walden Bill Moses The following members of the City Administration were present: n Acting City Manager Linda Groomer Assistant to City Manager Margaret Somereve City Attorney John Boyle City Secretary Cindee Peters Finance Director Charles Cox Communications Director Tom Bryson Director of Community Services Michael Spicer Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jim Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux City Engineer Jerry Murawski Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds The following member of the City Administration was absent: City Manager Richard L. Escalante Mayor Phelps called the City Council meeting of September 24, 2001, to order at 7:30 p.m. The meeting was televised. L~ A.3 PROCLAMATION SUPPORTING PRESIDENT GEORGE BUSH, OPERATION NOBLE EAGLE AND OPERATION INFINITE JUSTICE. Volume 87, page 52 Mayor Phelps read a proclamation and proclaimed September 24, 2001 as "Support Operation Noble Eagle and Operation Infinite Justice" in Farmers Branch, Texas. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Councilman Bird led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Phelps introduced Peeps Moffett and thanked her for the contribution of seven American flags to the City, which have been placed in various areas of the city. A.2 PATRIOTIC PERFORMANCE BY THE R. L. TURNER CHOIR. Mayor Phelps introduced choir director Allan Andrews and the Choir of R.L. Turner High School. The choir performed a medley of patriotic songs. A.4 PRESENT HONORARY CITIZENSHIP CERTIFICATES AND WELCOME GIFTS TO HEIKE HARDT AND OLIVER HARDT VISITING FROM OUR SISTER CITY OF GARBSEN, GERMANY. Mayor Phelps and Deputy Mayor Pro Tem Charlie Bird introduced Heike and Oliver Hardt and presented them with Honorary Citizenship certificates and a gift bag. A.5 PRESENTATION OF SPECIAL OLYMPICS RECOGNITION AWARD. Mayor Bob Phelps presented the Special Olympics Recognition Award to Anne Coe and the Parks & Recreation Department for the Special Olympics Softball Tournament held on September 14-16, 2001. Mayor Phelps also thanked the staff from the Fire and Police Departments for all their hard work during the tournament. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Jan Richardson of the Parks and Recreation Department. A.7 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Dale Gray with the Farmers Branch Fire Department. Volume 87, page 53 A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 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. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. A motion by Mayor Pro Tem Davis, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 10, 2001. B.2 ADOPTED RESOLUTION NO. 2001-103 APPROVING THE REQUEST BY EXXONMOBIL TO VACATE THE FINAL PLAT OF MOBIL TECHNOLOGY COMPANY SUBDIVISION AND ACCEPTING THE FINAL PLAT OF THE EXXONMOBIL ADDITION. B.3 ADOPTED RESOLUTION NO. 2001-101 APPROVING AMENDMENT NO. 1 AND RESTATEMENT OF A DEVELOPERS CONTRACT WITH MOBIL TECHNOLOGY COMPANY RELATIVE TO THE EXXONMOBIL ADDITION. B.4 ADOPTED RESOLUTION NO. 2001-100 APPROVING A DEVELOPER'S CONTRACT WITH THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR THE DAVE BLAIR INTERMEDIATE SCHOOL. B.5 ADOPTED RESOLUTION NO. 2001-098 ACCEPTING A FIVE-FOOT AERIAL EASEMENT FOR STREETLIGHT INSTALLATION, DEDICATED BY MR. AND MRS. FRANCIS VERMEERSCH. B.6 ADOPTED RESOLUTION NO. 2001-093 RENEWING A CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS FOR ANALYSIS OF POTABLE WATER AND WASTEWATER, INDUSTRIAL FACILITIES INSPECTIONS AND WASTEWATER SAMPLING. B.7 ADOPTED RESOLUTION NO. 2001-095 AWARDING THE BID FOR ONE TRAILER MOUNTED VACUUM EXCAVATION SYSTEM. Volume 87, page 54 MAYOR'S ANNOUNCEMENT Mayor Phelps reviewed events of September 11, 2001 and how these events would impact the City of Farmers Branch in regard to the Annual Budget. He personally thanked the City Council and staff for their work on the budget. Additionally, Mayor Phelps stated that due to the City Council and staff's careful planning, the residents of Farmers Branch cannot expect any decreases to city services. C.1 PUBLIC HEARING: CONSIDER AMENDING SECTION 8-700.1(29) OF THE COMPREHENSIVE ZONING ORDINANCE BY REDEFINING THE TERM "AMUSEMENT, COMMERCIAL (INDOOR)", AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In December 2000, the State Boxing Commission issued a temporary restraining order against a local martial arts club, the "Fighter House" for promoting and holding fights without a license. Following the State action, the Farmers Branch Building Official sent notice to the club to cease and desist the promotion of combative fight venues, which are regarded as indoor commercial amusements and not allowed at the club's location in Planned Development No. 7, a Local Retail-1 zoning district. As a result of the enforcement actions, the combative fights ceased to operate. The Comprehensive Zoning Ordinance defines an indoor commercial amusement as "an amusement enterprise wholly enclosed in a building which is treated acoustically so that the noise generated by the enterprise is not perceptible at the bounding property line and including but not limited to, a bowling alley or billiard parlor." Indoor commercial amusements are permitted with a specific use permit in Local Retail - 2 districts, industrial districts and like planned developments. This allows for staff, the Planning and Zoning Commission, and the City Council to determine if the proposed use is compatible with surrounding uses and allows for public input. The City Council directed the Planning and Zoning Commission to examine regulations pertaining to combative fight uses and to forward a recommendation to the Council. Staff briefed the Planning and Zoning Commission on the "fight club" phenomena, other cities' pertinent regulations, and on Farmers Branch regulations related to martial arts and indoor amusements. After discussion at two study sessions on February 12, 2001 and May 14, 2001, the Planning and Zoning Commission concluded that: Volume 87, page 55 The existing specific use permit requirement for indoor commercial amusements should be preserved; • The existing definition of indoor commercial amusement should be revised to specifically qualify combative fighting, and additionally bingo parlors and arcades with coin operated devices, as indoor commercial amusement uses; and, • To allow the Building Official to rule other similar uses as indoor commercial amusements based on the traffic and noise generated by such uses. • The recommended definition of Amusement, Commercial (Indoor) is "an establishment wholly enclosed in a building offering entertainment or games of skill, including but not limited to, bowling, billiards, bingo combative fighting. arcades with more than five (5) coin o>erated devices and similar uses that may generate higher noise levels or parking requirements than general retail establishments." Planning and Zoning Commission Recommendation: The Planning and Zoning Commission unanimously recommends approval of the proposed amendment to Section 8-700.1(29) of the Comprehensive Zoning Ordinance. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved the following captioned Ordinance No. 2612. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; AMENDING SECTION 8-700.1 (29) BY REDEFINING THE TERM "AMUSEMENT, COMMERCIAL (INDOOR)" TO INCLUDE "BINGO", "COMBATIVE FIGHTING", "ARCADES WITH MORE THAN FIVE COIN-OPERATED DEVICES", AND "SIMILAR USES THAT GENERATE HIGHER NOISE LEVELS OR PARKING REQUIREMENTS THAN GENERAL RETAIL ESTABLISHMENTS"; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING FOR Volume 87, page 56 INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Phelps announced that City Manager Richard Escalante was attending the International City Management Association Conference (ICMA) and Assistant City Manager Linda Groomer was sitting in for him. Due to technical difficulty with the presentation equipment for item C.2, Mayor Phelps went onto agenda item C.3. C.3 PUBLIC HEARING: CONSIDER RESCINDING ORDINANCE NO. 2559 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2631 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. The only change proposed in the ordinance is the inclusion of the Program Supervisors' position in the listing of definitions and staff qualifications and responsibilities as highlighted in Sections 2H, 8, and 9 of proposed Ordinance No. 2631. A supervisor's position has been included for each of the five After School sites and for each of the age groups of children during the Summer Funshine Program. The Program Supervisor has programming, administrative, and supervisory responsibility for his or her designated site or group of participants and leaders. The addition of this position benefits the Youth Programs by providing consistency in operations and programming. The change in youth programming is covered in the Recreation Division part-time account. Mayor Phelps opened the public hearing. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," rescinded Ordinance No. 2559 and adopting the following captioned Ordinance No. 2631 relative to Farmers Branch youth programs' Standards of Care in compliance with the 1995 Senate Bill 212. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2559 AND ADOPTING Volume 87, page 57 ORDINANCE NO. 2631 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. C.2 PUBLIC HEARING: CONSIDER AN AMENDMENT TO SECTION 9-502 "SPECIAL FRONT YARD REGULATIONS" AND SECTION 12-103 "SPECIAL OFF-STREET PARKING REGULATIONS" OF THE COMPREHENSIVE ZONING ORDINANCE TO CONTROL THE ORIENTATION OF VEHICLE ENTRANCE OPENINGS IN A RESIDENTIAL NEIGHBORHOOD BASED ON THE EXISTING RESIDENTIAL DEVELOPMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In many neighborhoods houses were constructed with garage doors at the rear of the house. Access is gained from the street with the driveway extending to the back of the house. In June 2001, a group of citizens appeared before the City Council and expressed concern with allowing houses having garage doors at the rear of the house to be remodeled with the garage doors on the front of the house directly facing the street. Due to the fact that the City's zoning regulations did not address garage door orientation and because of the potential negative impact to a substantial number of neighborhoods in the City, the City Council enacted a temporary moratorium prohibiting the issuance of any building permits that would significantly alter the garage door orientation on existing residences. City Council directed the Staff and the Planning and Zoning Commission to study the issue and make a recommendation to the City Council. During its review of the issue, the Planning and Zoning considered the following: • Allowing garage doors to be relocated from the rear of a house to the front of a house in certain neighborhoods could be detrimental to the immediate neighborhood; • Controlling access to garage entrances should be evaluated on a block-by- block basis; • If a substantial majority of the homes in a residential block do not have garage doors on the front half of the lot, directly facing the street, they should be prohibited elsewhere on that block; • In residential blocks where there is a variety of houses, some having garage doors on the front half of the lot, directly facing the street and some having garages accessed differently, the ability to have garage doors on the front half of the lot, directly facing the street should continue to be allowed; and • Flexibility should also be preserved to allow for side-facing garages and front-facing garages in the rear half of the lot since these orientations do not appear to adversely affect the character of a neighborhood. Volume 87, page 58 During the time that the moratorium was in effect, and subsequent to the Planning and Zoning Commission's action, it was discovered that a building permit was mistakenly issued to allow access to a garage to be changed from the rear of the house to the front of the house. The property owners had begun planning their addition and remodeling approximately one year ago when it was permitted to have a front entry garage at their location. Due to the error and the existence of the moratorium, staff suspended the permit and halted construction. Staff visited with the neighbors most likely to be affected by the remodeling, and the majority of the neighbors felt the property owners should be allowed to continue with their construction as proposed and permitted. The Planning and Zoning Commission, by unanimous vote, recommends the Comprehensive Zoning Ordinance be amended to prohibit garage doors on the front half of the lot directly facing the street where 75% or more of the existing residences on a block do not already have garage doors on the front half of the lot directly facing the street. As proposed, Ordinance No. 2627 establishes September 24, 2001 as the effective date of the ordinance and allows for the completion of construction on projects where a building permit was previously issued, provided that the construction is completed and maintained in accordance with the approved plans. Mayor Phelps opened the public hearing. Jim Olk, Building Official, presented a PowerPoint presentation regarding garage door orientation. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she was concemed as a real estate agent selling homes that have converted garages that are not consistent with the ordinance. A motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Councilman Moses complimented Mr. Olk and his staff and the Planning and Zoning Commission for all their time in getting this ordinance together. Councilman Bird seconded the compliment. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved the following captioned Ordinance No. 2627 amending the Comprehensive Zoning Ordinance as recommended by the Planning and Zoning Commission and allowing for the completion of projects where a building permit was previously issued, provided the construction is completed and maintained in accordance with approved plans. Volume 87, page 59 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; AMENDING SECTION 9-502 ADDING SUBSECTION (O) AND AMENDING SECTION 12-103 ADDING SUBSECTION (L), TO PRESERVE THE DEVELOPMENT STANDARDS IN CERTAIN RESIDENTIAL AREAS BY LIMITING THE ORIENTATION OF VEHICLE ENTRANCE OPENINGS BASED ON EXISTING DEVELOPMENT; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, SCHOOL-COMMUNITY RELATIONS COMMITTEE AND THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is a vacancy on the Historical Preservation and Restoration Board due to the resignation of Laverne Gilbert and vacancies on the School Community Relations Committee. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," moved Judy Cargill from Alternate Place 1 to Place 2, moved Patsy Mayo from Alternate Place 2 to Alternate Place 1 and appointed Angie Mayo to Alternate Place 2 on the Historical Preservation and Restoration Board. A motion by Councilman Moses, a second by Councilman Walden, all voting "aye", appointed Reggie Mayo to the School-Community Relations Committee. A motion by Councilman Robbs, a second by Mayor Pro Tem Davis, all voting "aye," reappointed Josephine Goodson, Roy Morales, David Martinez, and Jimmy Thompson on the Parks and Recreation Board. D.2 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Moses gave an organizational report on the Senior Adult Services Board meeting for the month of September. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Volume 87, page 60 I DA CITIZEN PARTICIPATION. Dennis Redwine, 2426 Dixiana, stated he would like to take this opportunity to thank the City Council for their hard work on behalf of the citizens of Farmers Branch. He also thanked the City employees for their hard work and Mayor Phelps for having the R.L. Turner Choir perform at the Council meeting. Mr. Redwine reviewed comments from the Council meeting of September 10, 2001. Mayor Phelps stated Acting City Manager Linda Groomer would respond to his comments after the meeting. Gaile Gatcomb, 2638 Farmers Branch Lane, asked if she was allowed to speak on E.1 to discuss the City Manager's evaluation. Mayor Phelps replied no it was an Executive Session with no public discussion at the meeting. Ms. Gatcomb asked what the City's vision for the City is and if the City has decided if Farmers Branch Lane and Ford Road will have sidewalks. Mayor Phelps stated he cannot respond but someone will get back with her after the meeting. Reggie Mayo, 3034 Phyllis, stated he agrees with the way the City is being led and thanked the Mayor and City Council for the direction they are taking the City. Mr. Mayo reviewed some of the negative comments made about Branch Crossing and does not understand why residents would not be in favor of improvements to their neighborhood. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:04 P.M. AND CONCLUDED AT 6:30 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. EXECUTIVE SESSION E.1 DISCUSS PERSONNEL MATTER -TEXAS GOVERNMENT CODE SECTION 551.074. Discuss City Manager evaluation. Mayor Phelps explained Council discussed this item with no staff present. Volume 87, page 61 E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss litigation relative to R.C. Small and an agreement with R.C. Small and Associates, Inc. and take appropriate action. Mayor Phelps explained Staff was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the Council discussed the City Manager's evaluation and asked that this item be placed on the next City Council agenda. Mayor Phelps called for necessary action executive session items. A motion by Mayor Phelps, a second by Councilman Bird, all voting "aye", that the City of Farmers Branch, with a release of settlement from the Plaintiff that is approved by its City Attorney, pay unto the Plaintiff Two Hundred Forty Thousand Dollars ($240,000.00), such payment to R. C. Small & Associates, Inc. and its attorneys, Harrison, Steck, Hoover & Drake, P. C., 1100 Sinclair Building, 512 Main Street, Fort Worth, Texas 76102. The Plaintiff in dismissing its lawsuit with prejudice releases the City of Farmers Branch of all claims and demands that involve the construction activities as it involves the construction and renovation to the City of Farmers Branch Justice Center. F.2 ADJOURNMENT. A motion by Councilman Walden, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of September 24, 2001 at 8:58 p.m. L Mayor City Secretary Volume 87, page 62