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2000-04-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 17, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Jim Robbs Councilmembers Bill Moses Charlie Bird Paul Walden The following member of the City Council was absent: Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager Margaret Somereve Assistant to City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Communication Director Tom Bryson Economic Development Director Norma Nichols Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Acting Police Chief Scott Roder Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of April 17, 2000 to order at 7:30 P.M. The meeting was televised. Volume 83, page 52 A.1 INVOCATION. Mayor Phelps gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Phelps stated Councilwoman Davis was not in attendance this evening. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.3. 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 Robbs, seconded by Councilman Walden, all voting "aye," withdrew item B.3 of the Consent Agenda. A motion by Mayor Pro Tern Robbs, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 3, 2000. B.2 ADOPTED ORDINANCE NO. 2532 A CITY-WIDE MASTER THOROUGHFARE PLAN FOR FARMERS BRANCH, TEXAS AND PROVIDING GENERAL GUIDELINES, CONDITIONS AND POLICIES REGARDING THE ALIGNMENT OF STREETS AND REPEALING ORDINANCE NO. 2031. Volume 83, page 53 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ADOPTING A CITY-WIDE MASTER THOROUGHFARE PLAN FOR FARMERS BRANCH, TEXAS, AND PROVIDING GENERAL GUIDELINES, CONDITIONS AND POLICIES REGARDING THE ALIGNMENT OF STREETS. B.3 WITHDRAWN FROM CONSENT AGENDA AND PLACED UNDER DISCUSSION AGENDA. C.1 PUBLIC HEARING: CONSIDER THE SPECIFIC USE PERMIT REQUEST OF THOMAS TAYLOR FOR A MOTOR VEHICLE PARTS INSTALLATION FACILITY LOCATED AT 13592 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRICT, INCLUDING SPECIAL EXCEPTION REQUESTS FOR LANDSCAPING, SIGNAGE, PARKING AND SCREENING, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a specific use permit to use the existing approximate 31,600 square foot building located at the southeast corner of Stemmons Freeway and Squire as a motor vehicle parts installation and warehouse/distribution facility. Approval of a specific use permit for a motor vehicle parts installation facility is required, per the Planned Development No. 70, Old Farmers Branch Freeway Subdistrict zoning ordinance. Warehousing and distribution are permitted uses within this zoning district. The vehicle parts installation will consist of installing vehicle accessory equipment. The proposed development is a wholesale warehouse and distributor of consumer electronics, selling to retail stores and new car dealerships only. All proposed installations will be conducted within the existing building and no outside storage is proposed. Planned Development No. 70 allows special exceptions to the development standards contained within the ordinance. The applicant is requesting approval of five special exceptions including establishing legal conforming signage, parking, landscaping and providing alternative loading dock screening materials. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed specific use permit, including the associated site plan file-dated March 17, 2000, with the following conditions: 1. The applicant to provide metal gates, primed and painted with the dumpster enclosure, and that the final dumpster orientation and Volume 83, page 54 construction dimensions of the screening walls be subject to approval by the Director of Public Works prior to issuance of a building permit. 2. The motor vehicle parts installation facility shall comply with the Plan of Operation file-dated on March 17, 2000. Mayor Phelps opened the public hearing. Mr. Dick Calvert, Calvert Company Architect, 1001 W. Main, Carrollton, stated he has worked with staff in developing alternative methods to comply with the requirements of Planning and Zoning Commission. Mayor Phelps asked Mr. Calvert if the applicant was in agreement with the recommendations made by the Planning and Zoning Commission. Mr. Calvert replied, yes, the applicant was in agreement with the recommendations. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no further discussion, a motion by Mayor Pro Tem Robbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2533 approving the specific use permit and the associated site plan, with special exceptions, file-dated dated March 17, 2000, including recommended conditions for approval. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW MOTOR VEHICLE PARTS INSTALLATION FACILITY, INCLUDING SPECIAL EXCEPTION REQUESTS FOR LANDSCAPING, SIGNAGE, PARKING AND SCREENING, LOCATED AT 13592 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70 OFB-FW) 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. B.3 CONSIDER ADOPTING RESOLUTION NO. 2000-042 AUTHORIZING THE CITY MANAGER TO EXECUTE A CLARIFICATION AND NUNC PRO TUNC AGREEMENT OF TAX ABATEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, TEXAS Volume 83, page 55 AND J.B. ORAND TESTAMENTARY TRUST ET Al (NOW CENTURA TOWER, LTD.) AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch and J. B. Orand Testamentary Trust Et Al entered into a tax abatement agreement on or before March 29, 1994. The premises covered in the tax abatement agreement were subsequently purchased by Centura Tower, Ltd. who inquired and satisfied the remaining conditions of the agreement prior to January 1, 1999. All relevant documents pertaining to the original agreement have since been lost or inadvertently destroyed by all parties. However, all parties do agree that the relevant documents were timely executed and submitted to the City and then lost or destroyed. The City intends to honor its original agreement with J. B. Orand Testamentary Trust Et Al, now Centura Tower, Ltd., by recreating the lost or destroyed documents and dating them prior to January 1, 1999, as a nunc pro tunc execution and filing of lost or destroyed documents. Staff recommends approval of Resolution No. 2000-042 authorizing the City Manager to execute a clarification and nunc pro tunc agreement. Mayor Pro Tern Robbs read Section 2 of Resolution No. 2000-042, which was amended to add, "provided, however, no ad valorem taxes previously paid shall be refunded without subsequent City Council action" at the end of this section. There being no further discussion a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2000-042 authorizing the City Manager to execute a clarification and nunc pro tunc agreement as amended. C.2 CONSIDER THE REQUEST OF CHRIS RADOR ARCHITECTS FOR SITE PLAN APPROVAL OF A FOUR STORY APARTMENT BUILDING LOCATED AT THE SOUTHEAST QUADRANT OF SPRING VALLEY ROAD AND PARKSIDE CENTER BOULEVARD AND WITHIN THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The request seeks to amend an existing approved site plan. The proposed changes consist of increasing the number of dwelling units from 95 units to 114 units, increasing the height of the parking structure from four levels to five Volume 83, page 56 levels, proposing efficiency and one-bedroom units and eliminating two- bedroom units and modifying other site plan related elements. The overall site design is not changing significantly from what was previously approved. However, the applicant is proposing additional architectural design elements to the exterior facade, which result in a better development than what was previously approved. The applicant contends that the proposed development is an urban style development. To ensure that sufficient parking is being provided, staff recommends (1) recreational vehicle parking be prohibited; (2) a DART bus stop be provided for the overall Parkside development; and (3) an enhanced pedestrian connection be provided between the proposed development and the nearby retail development. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed site plan, file-dated April 10, 2000 with the following conditions: 1 . The applicant shall provide and maintain an enhanced bus stop for the overall Parkside Center development and the final design and location shall be subject to review and approval by staff and DART. 2. Parking of recreational vehicles on-site shall be prohibited per the letter of commitment from the applicant, file-dated April 6, 2000. 3. The applicant shall construct the proposed retaining wall located near the southeast corner of the subject property using the same masonry materials as the existing retaining wall to the east. 4. The monument sign located near the intersection of Spring Valley Road at Parkside Center Boulevard shall be located on private property and the landscaping materials shall be adjusted accordingly, subject to review and approval by staff, prior to issuance of a building permit. Mr. Chris Rador, Chris Rador Architects Inc., 2708 Lake Circle, Plano, Texas, stated he would be available to answer any questions. Councilman Walden asked if the conversion of these units to one bedroom efficiency would impact the traffic flow and congestion. Mr. Rador stated the market demand for one-bedroom units outweighs the demand for two-bedroom units. The increase in density is very little overall compared to the density of the PD for the Parkside development. He stated he has not been made aware of any potential traffic or congestion problem for this development. Volume 83, page 57 Mayor Phelps commented that only 19 units were being added. Mr. Roder replied that was correct. Councilman Bird asked if he agreed with the conditions recommended by the Planning and Zoning Commission. Mr. Roder replied that he is in agreement with the recommendations. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Robbs, adopted Resolution No. 2000-070 approving the site plan, file-dated April 10, 2000, with the Planning and Zoning Commission's recommended conditions. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-068 TO REACTIVATE THE NEIGHBORHOOD CRIME WATCH PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The first Neighborhood Crime Watch area was organized in 1982, and the first City Coordinator for Crime Watch was appointed by the Mayor in 1983. In recent years the Neighborhood Crime Watch program has been largely inactive. The City Council recognizes the benefits of a Crime Watch program and has directed the City Manager to include in the mid-year budget $10,000.00 to provide funding to promote the program. Reactivating the program will require assistance involving City staff and volunteers from the community. Focus groups will be brought together to determine the future direction of a program which will best serve the community. Individuals with ideas they want considered, or who would like to be in the focus groups should call the Police Chief's office at 972/484-3620 or send e-mail to fawcettj@ci.farmers-branch.tx.us. The Chief of Police recommends adopting Resolution No. 2000-068 to reactivate the Neighborhood Crime Watch Program. Councilman Bird stated the Crime Watch Program has been inactive for the last few years and emphasized how important this program is. He presented the Council with a "Dog and Pony" show, which was a brief promotional program for volunteers for the Neighborhood Crime Watch and the Focus Group. Volume 83, page 58 There being no further discussion, a motion by Councilman Bird, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-068 reactivating the Neighborhood Crime Watch Program. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-063 AWARDING THE BID FOR THE IMPROVEMENTS TO TOM FIELD ROAD AND FARMERS BRANCH LANE TO JIM BOWMAN CONSTRUCTION COMPANY, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The improvements to Tom Field Road include the construction of landscaped medians, entry features and ornamental lighting along Tom Field Road between Valley View Lane and Farmers Branch Lane. The improvements to Farmers Branch Lane include the replacement of the pedestrian bridge and sidewalk on the south side of Farmers Branch Lane just east of Tom Field Road. Three bids for this project were opened on Monday, March 27, 2000. The low bid meeting specifications was received from Jim Bowman Construction Company, Inc. in the amount of $603,679.45. Jim Bowman Construction Company, Inc. has submitted adequate references and qualifications for similar work. There is $866,544 available in the Non-Bond Capital Improvement Redevelopment Program for these improvements. The project construction time is 180 calendar days. The City Engineer recommends adopting Resolution No. 2000-063 awarding the bid for Improvements to Tom Field Road and Farmers Branch Lane to Jim Bowman Construction Company, Inc. in the amount of $603,679.45. Mayor Pro Tern Robbs asked Mr. Roach to brief the Council on this project. Mr. John Roach, Assistant to the City Manager, presented an overview of the improvements on Tom Field and Farmers Branch Lane. Councilman Walden asked Mr. Roach when construction on the project would begin. Mr. Roach replied in approximately one month. Mayor Pro Tern Robbs commented that the first home built in Branch Crossing has a contract pending and the contractor has been contacted Volume 83, page 59 about building other homes in the area. He feels this program has been very successful. There being no further discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Robbs, all voting "aye," adopted Resolution No. 2000-063 awarding the bid for improvements to Tom Field Road and Farmers Branch Lane to Jim Bowman Construction Company, Inc. in the amount of $603,679.45. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-065 ADOPTING A POLICY GOVERNING THE INSTALLATION OF ROAD HUMPS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch has traditionally worked to protect neighborhoods from traffic impacts while maintaining excellent access to business in our community. One means of reducing traffic impacts on neighborhood streets is the use of road humps. In response to requests from residents along Farmers Branch Lane, road humps were tested on Farmers Branch Lane to determine their effectiveness. The road humps were installed for a thirty-day period on November 10, 1999 and removed on December 10, 1999. The road humps were effective in reducing speed and maintained emergency response times within threshold limits. Based on the successful study results, staff has developed a policy for the installation of road humps elsewhere in the City. On April 3, 2000 City Council was briefed, at Study Session, on the Proposed Road Hump Policy by City Staff. The Traffic Engineer recommends adopting Resolution No. 2000-065 approving a policy governing the installation of Road Humps. Mayor Pro Tern Robbs stated road humps would only be put in neighborhoods at the request of residents per the policy. Councilman Bird pointed out 80 percent of the residents' signatures would be required on a petition before Road Humps would be installed. Mayor Phelps stated the policy governing the installation of Road Humps would be placed on the Internet tomorrow. Volume 83, page 60 There being no further discussion, a motion by Mayor Pro Tem Robbs, seconded by Councilman Moses all voting "aye," adopted Resolution No. 2000-065 approving a policy governing the installation of Road Humps. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-064 AWARDING THE BID FOR THE ALPHA ROAD AND CAMBRIDGE CONCOURSE PAVING IMPROVEMENTS TO QUANTUM CONTRACTING, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In a Developer's Contract approved by the City Council on July 6, 1999, the City committed to make improvements on Alpha Road at Inwood Road and to relocate Cambridge Concourse. The improvements are contingent upon the development of The Great Indoors on the property at the southwest corner of Alpha Road and Inwood Road. The 1999-2000 Capital Improvement Program Non-Bond Fund provides $500,000 for these street improvements. The budget includes a contribution of $250,000 from the developer for the improvements. The Great Indoors is presently under construction and the improvements at Alpha Road and Inwood Road need to be completed prior to the opening of The Great Indoors in mid-July 2000. Six bids were received and opened on March 4, 2000. All bids met specifications. The low bidder was Quantum Contracting, Inc. with a bid of $299,895. After expenditures for design there is $460,000 available for construction. Quantum Contracting, Inc. has performed work for the City previously. Quantum Contracting's performance has been satisfactory on projects constructed for the City. The project is to be completed within 160 calendar days. The City Engineer recommends the adoption of Resolution No. 2000-064 awarding the bid for the Alpha Road and Cambridge Concourse Paving Improvements to Quantum Contracting, Inc. for a sum of $299,895. Councilman Bird stated he was pleased the project came in below budget. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2000-064 awarding the bid for the Alpha Road and Cambridge Concourse Paving Improvements to Quantum Contracting, Inc. for a sum of $299,895. Volume 83, page 61 D.5 CONSIDER REPEALING ORDINANCE NO. 2507 IN ITS ENTIRETY AND ADOPTING ORDINANCE NO. 2536 DROUGHT CONTINGENCY PLAN FOR THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Ordinance No. 2536 Drought Contingency Plan would repeal the existing drought contingency Ordinance No. 2507. The proposed ordinance adds a voluntary watering schedule to Stage One and Stage Two that would give the residents the opportunity to conserve water by only watering three days a week. In the event the necessary water reductions are not achieved by the three-day watering schedule, the city manager can implement a voluntary watering schedule of once every five days. In addition, the amended ordinance includes a statement in Stages Two and Three that allows the City Manager to continue actions from previous stages. All other conditions of Ordinance No. 2507 are included in the proposed ordinance. The Director of Public Works recommends adopting Ordinance No. 2536 adopting a Drought Contingency Plan. There being no discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilman Walden all voting "aye," adopted the following captioned Ordinance No. 2536 Drought Contingency Plan. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REPEALING ORDINANCE NO. 2507, ADOPTING A DROUGHT CONTINGENCY PLAN; PROVIDING DEFINITIONS; PROVIDING TRIGGERING CRITERIA FOR INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE. D.6 CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION AND APPOINTMENTS TO THE LIBRARY BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The following members of the Planning and Zoning Commission have a term that will expire on May 1, 2000: David Merrit 5/1 /00 Volume 83, page 62 Stan Armstrong 5/1/00 Joe Patterson 5/1 /00 The following members of the Library Board will expire: Lorraine Blair 5/1/00 Diane Graifemberg 5/1 /00 Gloria Aguilar 5/1 /00 Carla McGee 5/1 /00 Ruby Neely 5/1 /00 Mayor Phelps stated this item would be brought back at the May 1, 2000 City Council meeting. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. 1 D.8 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, stated there were several items he would like to discuss: (1) He would like to see a sidewalk in front of Fire Station No. 2, and at the Mobil station at Midway and Valley View. (2) He feels something needs to be done about people driving over the curbs and flowerbeds at the Senior Center and the wheelchair access is very dangerous. (3) He would like to see the street department have a hot asphalt truck in order to repair some of the smaller potholes. 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 6:52 P.M. AND CONCLUDED AT 7:10 P.M. FOR THE 7:30 P.M. GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 51 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 a DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. CITY OF FARMERS BRANCH - CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT SCHOOL SITE SELECTION. Volume 83, page 63 Mayor Phelps stated Staff and the City Attorney were present to discuss this item with the City Council. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1 . DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 12715, 12400 (12631), AND 12621 DENTON DRIVE. Mayor Phelps stated Staff was present to discuss this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on litigation and land acquisition. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Walden, a second by Councilman Bird, all voting "aye", adjourned the City Council meeting of April 17, 2000, at 8:16 P.M. 96S Mayor L City Secretary 1 Volume 83, page 64