1998-08-17 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
REGULAR MEETING
AUGUST 17, 1998
COUNCIL CHAMBER
CITY HALL
7:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tern
Councilmembers
Bob Phelps
Charlie Bird
Bill Moses
Calla Davis
James Robbs
The following member of the City Council were absent:
Councilmember
Berry Grubbs
The following members of the City Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Secretary
Communication Director
Economic Development Director
Director of Community Services
Director of Planning
City Engineer
Director of Equipment Services
Director of Finance
Director of Parks & Recreation
Library Director
Police Chief
Fire Chief
Director of Public Works
Assistant City Manager
Assistant City Manager
Traffic Engineer
Recording Secretary
Richard L. Escalante
Linda Groomer
John F. Burke
Matthew Boyle
Cindee Peters
Donna Huerta
Norma Nichols
Tom Scales
Michael Spicer
Jerry Murawski
Don Moore
Charles Cox
Jeff Fuller
Mary Jane Stevenson
Jimmy Fawcett
Kyle King
Mark Pavageaux
Margaret Somereve
John Roach
Dave Davis
Suzanne Reynolds
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Mayor Phelps called the City Council Meeting of August 17, 1998 to order at 7:31
P.M. The meeting was televised.
A.1 INVOCATION.
Reverend Ernest Boyd, Valley View Baptist Church, gave the invocation
and Councilwoman Davis led the pledge of allegiance to the flag.
Mayor Phelps thanked the area churches and Pastors in Farmers Branch
for being a part of Council meetings for the last several years.
Mayor Phelps announced Councilman Grubbs was not in attendance, he
was out of the city.
A.2 RECOGNIZE CAROLYNNE TASKER, COLLEGE EXCHANGE STUDENT
FROM ENGLAND, AS HONORARY CITIZEN.
Mayor Phelps presented Carolynne Tasker a visitor from our Sister City of
Bassetlaw, England as honorary citizen of Farmers Branch. Ms. Tasker will
be working as an intern at the Metrocrest News for four weeks, a few days
at the Dallas Morning News, and a few days with the Communications
Division of the City.
A.3 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.4 REPORT ON STUDY SESSION ITEMS.
Mayor Phelps gave a brief summary of the items discussed in Study
Session held prior to the regular meeting.
CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE
APPROPRIATE ACTION B.1 - B.4.
Mayor Phelps stated 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 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.
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A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all
voting "aye," adopted the following items on the Consent Agenda.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST
3, 1998.
B.2 ADOPTED RESOLUTION NO. 98-105 AUTHORIZING THE CITY
MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN
THE CITIES OF CARROLLTON, FARMERS BRANCH AND THE
TOWN OF ADDISON TO EMPLOY A CONSULTANT TO ASSIST
THE CITIES IN RESPONDING TO THE LONE STAR GAS
PROPOSAL.
B.3 ADOPTED RESOLUTION NO.98-103 REJECTING THE BID FOR
STREET MARKING INSTALLATION AT VARIOUS LOCATIONS
AND AUTHORIZING RE-ADVERTISEMENT OF THE BID.
1
B.4 APPROVED THE SITE PLAN OF SIGNATURE STONE FOR AN
OFFICE-SHOWROOM/WAREHOUSE TO BE LOCATED AT 13755
HUTTON DRIVE, THE NORTHEAST CORNER OF DIPLOMAT
DRIVE AND HUTTON DRIVE, AND WITHIN THE PLANNED
DEVELOPMENT NO. 22 ZONING DISTRICT.
Mayor Phelps read the Consent Agenda items to the home audience and
home viewers.
C.1 CITY MANAGER REPORTS.
City Manager Richard Escalante presented an informative report on the
status of various projects and activities in the City.
C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF JACK MCMILLAN,
ON BEHALF OF MCDONALD'S CORPORATION, TO AMEND AN
EXISTING SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT
WITH OUTSIDE SALES WINDOW, LOCATED AT 2899 VALLEY VIEW
LANE AND WITHIN THE LOCAL RETAIL-ONE (LR-1) ZONING DISTRICT
AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The subject property is
the existing McDonald's restaurant located at the northwest corner of
Valley View Lane and Josey Lane. The applicant intends to replace the
outdoor play area with an indoor play area.
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Proposed changes to the site include:
*Removal of the existing play structure;
*A building addition enclosing a new play structure indoors, increasing the
total building area from 3,160 to 4,435 square feet; An additional 27
indoor seats;
*A slight reduction in landscaped area and an increase in planting of
trees, shrubs and decorative plantings;
*Two new signs mounted on the east side of the new building addition.
The proposed addition would be constructed of the same split-face concrete
material as the existing building.
The Planning and Zoning Commission, by unanimous vote, recommends the
Specific Use Permit be approved subject to the following conditions:
1. Permanent cross-access shall be maintained at all locations where
driveways traverse abutting property lines.
2. Should City sanitation service for this property ever be contracted, the
dumpster enclosure shall be reoriented or modified as necessary,
subject to Staff approval, to ensure that safe and efficient sanitation
service can be provided.
3. The two proposed internally lighted fascia signs on the east side of the
new building addition shall not exceed 50 square feet for the
McDonald's sign and 70 square feet for the "PlayPlace" sign.
Mayor Phelps opened the public hearing.
Councilwoman Davis left the Chamber for a conflict of interest and previously
signed the appropriate paperwork.
Mr. Jack McMillan, 5137 Park Streets Road, Fort Worth, Texas, 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 Phelps asked Mr. McMillan if he was aware of the conditions
recommended by the Planning and Zoning Commission.
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Mr. McMillan replied he agreed with the recommendations.
Mayor Pro Tern Bird asked if all the play structure would be taken some place
else and not reused.
Mr. McMillan replied all existing equipment would be taken out of the building
and would not be returned.
There being no further discussion, a motion by Councilman Moses, seconded by
Mayor Pro Tern Bird, all voting "aye," except for Councilwoman Davis who left the
Chamber, adopted the following captioned Ordinance No. 2419 approving the
Specific Use Permit with the conditions recommended by the Planning and Zoning
Commission.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF HE
CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED;
SO AS TO AMEND AN EXISTING SPECIFIC USE PERMIT FOR A NON
DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW LOCATED
AT 2899 VALLEY VIEW AND WITHIN THE LOCAL RETAIL-ONE (LR-1)
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.
Councilwoman Davis returned to the Chamber.
D.1 CONSIDER A MOTION TO MAINTAIN A44 CENT PROPERTY TAX
RATE, SCHEDULE A PUBLIC HEARING ON SEPTEMBER 8, 1998,
SCHEDULE ADOPTION OF THE TAX RATE ON SEPTEMBER 21, 1998,
AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The City Council
discussed the 1998-99 proposed budget in a workshop on August 17,
1998. The proposed budget contains a recommendation to maintain the
ad valorem tax rate at 44 cents per $100 assessed value.
Commercial values on the east and west sides of Farmers Branch have
grown as businesses have expanded. Excluding new construction,
residential property increased in value by 1.75%, commercial real property
increased by 15.35%, and business personal property increased by
3.57%. Even though the property tax rate has not been increased since
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1992, the increased property values will result in an 8.56% increase in
property tax revenues. The 1998-99 proposed budget contains
recommendations for the use of the added revenues.
Maintaining a 44 cent tax rate will require the publication of a notice in the
newspaper notifying taxpayers of a proposed tax increase. The notice
contains State specified calculations which indicate that a 9.47% increase
in revenues is proposed. As noted earlier, this increase is primarily from
commercial growth. The State formula includes new construction and
indicates that taxes on an average home would increase by 3%.
Excluding new construction, values on the average home would only
increase by 1.75%. New residential construction is valued at $5.9 million.
Under the State Property Tax Code, maintaining a 44 cent tax rate
requires that the City Council first pass a motion to propose a tax rate and
set a public hearing date. This public hearing is proposed to take place at
the City Council meeting on Tuesday, September 8, 1998 at 7:30 p.m. at
City Hall.
Staff recommends that the City Council adopt a motion to maintain a 44
cent ad valorem tax rate for 1998-99, set a public hearing on September
8, 1998 at the City of Farmers Branch City Hall, and schedule adoption of
the tax rate on Tuesday, September 21, 1998 at 7:30 p.m.
There being no discussion, a motion by Councilman Robbs, seconded by
Councilman Moses, all voting "aye," maintained a 44 cent property tax
rate, scheduled a public hearing on September 8, 1998, and scheduled
adoption of the tax rate on September 21, 1998.
D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE
THE APPROPRIATE ACTION.
Mr. Escalante stated on August 7, 1998 , he traveled to Texas A & M and
made a presentation to the Texas Association of Right-A-Way officials. He
spoke on the use of eminent domain and acquisition of property.
A motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all
voting "aye," approved the Council and City Manager to travel to the TML
Conference held in San Antonio in October, 1998.
D.3 CITIZEN PARTICIPATION.
Councilwoman Davis stated she would like to thank everyone for their
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encouragement during the illness of her mother-in-law. She also thanked
the Mayor and Council for their support during her absence.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED IN THE 2:30 P.M. STUDY
SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED
INTO EXECUTIVE SESSION AT 7:00 P.M. AND CONCLUDED AT 7:21 P.M.
FOR THE GENERAL SESSION. 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 a DISCUSS THE LEASE OF REAL PROPERTY - TEXAS GOVERNMENT
CODE - SECTION 551.072
RECEIVE EMPLOYEE REPORT - TEXAS GOVERNMENT CODE -
SECTION 551.075
DISCUSS "LANDFILL OPERATING AND ASSET SALE AGREEMENT" -
STAFF BRIEFING.
Mayor Phelps and members of the City Council received a briefing from
City Staff.
E.2 CONSIDER NECESSARY ACTION IN THE LEASE OF REAL PROPERTY
AND RECEIVE EMPLOYEE REPORT IN EXECUTIVE SESSION.
Mayor Phelps stated the City Council was given a briefing by City staff on
lease of real property.
F.1 ADJOURNMENT.
A motion by Mayor Pro Tern Bird, a second by Councilman Robbs, all
voting "aye", adjourned the City Council meeting of August 17, 1998, at
7:55 p.m.
ayor
City Secretary
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