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2000-07-24 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 24, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Charlie Bird Paul Walden Jim Robbs 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 Community Services Michael Spicer Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Mayor Phelps called the City Council meeting of July 24, 2000 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Volume 84, page 45 Mayor Pro Tern Moses gave the invocation and Councilman Bird led the pledge of allegiance to the flag. A.2 PRESENTATION TO THE FARMERS BRANCH CITY COUNCIL BY THE FARMERS BRANCH CHAMBER OF COMMERCE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated that Mr. John Land, President of the Farmers Branch Chamber would like to make a presentation to the City Council. Mr. John Land presented the City Council will a packet of information, which will soon be going to new residents who are moving into Farmers Branch. Mr. Land stated the packet would include a new map of Farmers Branch, which the Chamber has provided. A.3 CONSIDER PROCLAIMING AUGUST 1, 2000, AS "NATIONAL NIGHT OUT" IN THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps read and presented a proclamation to Police Chief Jimmy Fawcett for "National Night Out" on August 1, 2000. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 10-year employee service award to Lane Henderson of the Fire Department. Mayor Phelps presented a 20-year employee service award to David Bobb of the Equipment Services Department. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the Regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.13. Mayor Phelps stated that under the title of 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 Volume 84, page 46 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 Moses, a second by Councilman Robbs, all voting "aye", added agenda item D.1 to the Consent Agenda. A motion by Mayor Pro Tern Moses, a second by Councilman Robbs, all voting "aye", approved the Consent Agenda as amended. B.1 APPROVED THE MINUTES OF THE CITY COUNCIL MEETING OF JULY 10, 2000. B.2 ADOPTED ORDINANCE NO. 2554 CHANGING THE DESIGNATED MONTH FOR OFFICER ELECTIONS FOR THE SENIOR ADVISORY BOARD. AN ORDINANCE RESCINDING RESOLUTION NO. 97-029 AND CREATING THE SENIOR ADVISORY BOARD; PROVIDING DEFINITION; PROVIDING FOR BOARD MAKE UP AND TERMS; PROVIDING DUTIES; PROVIDING A SEVERABILITY CLAUSE. B.3 ADOPTED RESOLUTION NO. 2000-121 RATIFYING THE EMERGENCY PURCHASE OF A NEW CHILLER FOR THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM. B.4 APPROVED THE REQUEST OF MIDWAY LBJ PARTNERS LTD. FOR FINAL PLAT APPROVAL OF EAST VALLEY VIEW AT LBJ ADDITION. B.5 APPROVED REQUEST FOR FINAL PLAT APPROVAL OF SIGNATURE STONE ADDITION. B.6 APPROVED THE REQUEST OF MTV REAL ESTATE L.P. FOR FINAL PLAT APPROVAL OF THE GREAT INDOORS ADDITION. B.7 APPROVED THE REQUEST OF ERIC SPANGLER, INDOOR CAFE' ON BEHALF OF THE GREAT INDOORS, FOR SITE PLAN APPROVAL OF AN ADDITIONAL APPROXIMATE 45 SQUARE FEET OF WALL SIGNAGE, INCLUDING A VARIANCE FOR ADDITIONAL WALL SIGNAGE, ON THE 13.994-ACRE SITE LOCATED AT 5000 ALPHA ROAD, GENERALLY AT THE Volume 84, page 47 SOUTHWEST CORNER OF ALPHA ROAD AND INWOOD ROAD, WITHIN PLANNED DEVELOPMENT NO. 80 ZONING DISTRICT. B.8 APPROVED THE REQUEST OF D/B CONSTRUCTORS ON BEHALF OF NGAN BROTHERS FOR KC CAPS SITE PLAN APPROVAL OF AN APPROXIMATELY 29,515 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON 3.83 ACRES LOCATED AT THE SOUTHEAST CORNER OF DIPLOMAT DRIVE AND SENLAC DRIVE, WITHIN PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.9 APPROVED THE REQUEST OF BROCKETT-DAVIS-DRAKE, ON BEHALF OF MEANS KNAUS FOR SITE PLAN APPROVAL OF A 6- STORY OFFICE BUILDING, INCLUDING A 2-LEVEL PARKING GARAGE, AND AMEND THE MASTER PLAN, FOR 9.073 ACRES LOCATED AT 11425 LUNA ROAD, ON THE WEST SIDE OF LUNA ROAD AND SOUTH OF LBJ FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 60 ZONING DISTRICT. B.10 APPROVED THE REQUEST OF DAVID MEINHARDT FOR SITE PLAN APPROVAL OF AN OFFICE-WAREHOUSE LOCATED AT 13900 SENLAC DRIVE ON THE EAST SIDE OF SENLAC DRIVE APPROXIMATELY 2,000 FEET SOUTH OF DELEGATE DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.11 APPROVED RESOLUTION NO. 2000-115 AUTHORIZING THE PURCHASE OF TWO LIFEPAK MONITOR DEFIBRILLATORS FOR THE FIRE DEPARTMENT. B.12 ADOPTED ORDINANCE NO. 2556 PROHIBITING LEFT TURNS AND U-TURNS FROM EASTBOUND BELTWOOD PARKWAY AT THE MEDIAN OPENING LOCATED APPROXIMATELY 300 FEET EAST OF MIDWAY ROAD; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING LEFT TURNS AND U-TURNS FROM EAST BOUND BELTWOOD PARKWAY AT THE MEDIAN OPENING LOCATED APPROXIMATELY 300 FEET EAST OF MIDWAY ROAD; REPEALING ALL CONFLICTING ORDINANCE, PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE. Volume 84, page 48 B.13 CONSIDER ADOPTING ORDINANCE NO. 2557 AMENDING ORDINANCE NO. 1381, SPECIFYING THE PLACEMENT OF STOP SIGNS ON THE NORTHBOUND AND SOUTHBOUND APPROACHES OF DENTON DRIVE AT VALLEY VIEW LANE AND DELETING THE STOP SIGNS ON NORTHBOUND AND SOUTHBOUND APPROACHES OF ROSSFORD DRIVE AT VALLEY VIEW LANE; REPEALING ALL CONFLICTING ORDINANCES, PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING ORDINANCE 1381; SPECIFYING THE PLACEMENT OF STOP SIGNS ON THE NORTHBOUND AND SOUTHBOUND APPROACHES OF DENTON DRIVE AT VALLEY VIEW LANE AND DELETING THE STOP SIGNS ON NORTHBOUND AND SOUTHBOUND APPROACHES OF ROSSFORD DRIVE AND VALLEY VIEW LANE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PEANLTY CLAUSE AND PROVIDING FOR A SEVERABILITY CLAUSE. DA CONSIDER ADOPTING RESOLUTION NO. 2000-045 AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO THE CONFERENCE CENTER LEASE AGREEMENT WITH 1 A CHORD AND TAKE APPROPRIATE ACTION. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF NEXTEL OF TEXAS FOR A SPECIFIC USE PERMIT-INTERIM USE TO ALLOW THE PLACEMENT OF NINE CELLULAR ANTENNA PANELS ON THE EXISTING MONOPOLE TOWER LOCATED AT 1641 KEENAN BRIDGE ROAD AND LOCATED WITHIN THE PLANNED DEVELOPMENT NO. 77 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is generally located on the north side of Keenan Bridge Road approximately 360 feet east of Luna Road. The applicant proposes to install nine cellular antenna panels on the existing monopole tower at a height of 60 feet above grade and construct a 10-foot by 20-foot equipment building adjacent to the tower. This request is for a period of not less than 10 years, to coincide with the existing Specific Use Permit-Interim Use for the existing tower and antennas, which expires in March 2011. Volume 84, page 49 Findings regarding this Specific Use Permit-Interim Use request show that it is consistent with existing uses in the area, is not consistent with land uses contemplated by the Comprehensive Plan at permit expiration date, it will not impair area development while permit is in effect, it will not adversely impact the Thoroughfare Plan and traffic patterns, and the applicant's investment recovery may be reasonably expected upon the expiration date of interim use permit. Co-location of the proposed antenna panels on the existing monopole tower will preclude the need to erect a separate monopole tower in the same general vicinity. The Planning and Zoning Commission, by unanimous vote, recommends approval of the request for a Specific Use Permit-Interim Use and associated site plan. Mayor Phelps opened the public hearing. Mr. Robert Baldwin, representing Nextel, explained he would answer any questions the City Council may have and asks for approval of this request. Councilman Walden stated Nextel is also asking for another tower on the next agenda item. Councilman Walden asked why the need for two towers. Mr. Baldwin explained this tower would service cellular customers in the area of Valley View and Luna Road and the second tower would cover cellular customers in the vicinity of Valwood Parkway and IH35E. A motion by Mayor Pro Tern Moses, a second by Councilwoman Davis, all voting "aye", closed the public hearing. After no further discussion, a motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", approved the following captioned Ordinance No. 2552 approving the request for Specific Use Permit- Interim Use and associated site plan. 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 - INTERIM USE BEGINNING ON JULY 24, 2000, AND EXPIRING ON MARCH 31, 2011, TO ALLOW THE PLACEMENT OF NINE CELLULAR ANTENNA PANELS ON THE EXISTING MONOPOLE TOWER LOCATED AT 1641 KEENAN Volume 84, page 50 BRIDGE ROAD AND LOCATED WITHIN PLANNED DEVELOPMENT NUMBER 77, ZONING DISTRICT (PD-77); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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.2 PUBLIC HEARING: CONSIDER THE REQUEST OF ROBERT BALDWIN ON BEHALF OF NEXTEL OF TEXAS FOR A SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT OF NINE CELLULAR ANTENNA PANELS ON THE EXISTING MONOPOLE TOWER LOCATED AT 13850 DIPLOMAT DRIVE AND LOCATED WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. The proposed antenna location is at the southeast corner of the TD Industries facility generally located at the southeastern corner of Diplomat Court and Diplomat Drive. The primary use of the property is office/warehouse. The applicant proposes to install nine cellular antenna panels on the existing 75 foot tall monopole tower at a height of 60 feet above grade and construct an equipment building 200 square feet in area adjacent to the base of the tower. Co-location of the proposed antenna panels on the existing monopole tower will preclude the need to erect another monopole tower in the same general vicinity. The Planning and Zoning Commission, by unanimous vote, recommends approval of the request for a Specific Use Permit and associated site plan. Mayor Phelps opened the public hearing. Mr. Robert Baldwin, representing Nextel, stated he would answer any questions the City Council may have and asked for approval of this item. A motion by Mayor Pro Tern Moses, a second by Councilman Walden, all voting "aye", closed the public hearing. A motion by Councilman Robbs, a second by Councilman Walden, all voting "aye", adopted the following captioned Ordinance No. 2553 approving the Specific Use Permit and associated site plan. Volume 84, page 51 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 THE PLACEMENT OF NINE CELLULAR ANTENNA PANELS ON THE EXISTING MONOPOLE TOWER LOCATED AT 13850 DIPLOMAT DRIVE AND WITHIN PLANNED DEVELOPMENT NUMBER 22, ZONING DISTRICT (PD-22); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 BEN'S AUTO REPAIR FOR APPROVAL OF A SPECIFIC USE PERMIT TO ALLOW FOR THE EXPANSION OF AN EXISTING AUTO REPAIR FACILITY LOCATED AT 13911 DENTON DRIVE WITHIN THE PLANNED DEVELOPMENT NO. 70, OLD FARMERS BRANCH FREEWAY ZONING SUBDISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. Subsequent to mailing of public hearing notices, staff received a letter from the applicant requesting withdrawal of the request. The Planning and Zoning Commission, by unanimous vote, recommends withdrawal of the request for a specific use permit be granted. A motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", approved the request to withdraw the petition for specific use permit. D.1 CONSENT. D.2 CONSIDER APPOINTMENT TO THE SENIOR ADVISORY BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. The City Council reappointed Bob Wade at the July 10, 2000 City Council meeting. However, a provision of the Code now in effect does not permit an employee of the City to serve on this board. Mr. Wade serves as a school crossing guard for the City, and he has decided to continue his employment with the City and not to be reappointed to the Senior Advisory Board. Volume 84, page 52 A motion by Mayor Pro Tern Moses, a second by Councilwoman Davis, all voting "aye", postponed this item until the August 7, 2000 City Council meeting. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. A motion by Councilwoman Davis, a second by Councilman Robbs, all voting "aye", approved travel for the Mayor, City Council and the City Manager to attend the National League of Cities Conference and the annual Texas Municipal League Conference. City Manager Richard Escalante stated the City Council may want to approve travel for the City Council to attend the Texas Municipal State of the Cities Symposium on September 21-22, 2000 in Austin. A motion by Councilwoman Davis, a second by Councilman Bird, all voting "aye", approved travel for the Mayor, City Council and the City Manager to attend the Texas Municipal League State of the Cities Symposium on September 21-22, 2000 in Austin. D.4 CITIZEN PARTICIPATION. No one spoke. 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 6:14 P.M. AND CONCLUDED AT 6:44 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 . 1. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. 2. DISCUSS SALE OF PROPERTY BOUNDED BY ROSSFORD, DENTON DRIVE, VALLEY VIEW LANE, AND HAVENHURST AND TAKE APPROPRIATE ACTION. Volume 84, page 53 3. DISCUSS PURCHASE OF PROPERTY LOCATED AT 2425 VALLEY VIEW LANE, 13302 STEMMONS FREEWAY, 2311 AND 2308 JETT STREET AND TAKE APPROPRIATE ACTION. 4. DISCUSS PURCHASE OR TRADE OF PROPERTY AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE, APROXIMATELY 5 ACRES IN SIZE AND TAKE THE APPROPRIATE ACTION. 5. DISCUSS SALE OR TRADE OF PROPERTY AT 12704 BEE STREET AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff discussed these items with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on land acquisition. No action was necessary. F.1 ADJOURNMENT. 1 ~I A motion by Councilman Bird, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of July 24, 2000 at Q-09 P AA Volume 84, page 54 City Secretary