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1998-04-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 20, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Calla Davis Councilmembers Charlie Bird Berry Grubbs Bill Moses 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 F. Burke City Attorney Stan Lowry City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Equipment Services Don Moore Assistant Director of Parks and Rec Jeff Harting Library Director Mary Jane Stevenson Police Captain Reese Daniel Fire Chief Kyle King Director of Public Works Mark Pavageaux Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of April 20, 1998 to order at 7:40 P.M. The meeting was televised. A.1 INVOCATION. Reverend Ronald Morgan of Webbs Chapel Baptist Church gave the invocation and Councilman Moses led the pledge of allegiance to the flag. Volume 77, page 86 A.2 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps asked the Council and Mr. Escalante to join him in honoring the Woman of the Year. Mayor Phelps announced that Farmers Branch had chosen Mrs. Lorraine Blair as Woman of the Year. Mayor Phelps also asked all former Women of the Year to please stand. A.3 PRESENTATION OF 1998 MAYOR'S SCHOLARSHIP AWARDS BY TOWN NORTH NATIONAL BANK. Mayor Phelps stated that Mr. John Reap, President of Town North National Bank wishes to present, for the eighth year, to Mayor Phelps and members of the City Council the 1998 recipients of the Mayor's scholarship award. Mr. Reap introduced Mr. Paul Beeler and Ms. Sherry Miller of the Selection Committee. Mayor Phelps presented a proclamation to Brandi Claiborne and Andria Infante of R. L. Turner High School. Mr. Reap elaborated on how proud he and Town North National Bank was to be associated with the Carrollton/Farmers Branch School System. A.4 PRESENTATION OF SERVICE AWARDS. Mr. Mike McCord of the Parks and Recreation Department was unable to attend the City Council meeting. Mayor Phelps presented a ten year service award to Benny Wolf of the Parks and Recreation Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 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. Volume 77, page 87 A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," added item D.5 to the Consent Agenda and removed item B.3. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 6, 1998. B.2 APPROVED MINUTES OF APRIL 14, 1998 SPECIAL MEETING. B.3 REMOVED FROM THE CONSENT AGENDA. B.4 APPROVED REQUEST BY VAN WATERS AND ROGERS, INC. FOR FINAL PLAT APPROVAL OF ALPHA METROPOLITAN ADDITION D.5 ADOPTED ORDINANCE NO. 2384 AMENDING THE CURRENTLY EFFECTIVE MORATORIUM PERTAINING TO STORAGE OR SALES WAREHOUSES AND DISTRIBUTION CENTERS BY EXCLUDING THE AREA ZONED PLANNED DEVELOPMENT DISTRICT NO. 22 THAT IS LOCATED SOUTH OF LBJ FREEWAY. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CURRENTLY EFFECTIVE MORATORIUM IMPOSED WITH THE ADOPTION OF ORDINANCE NO. 2377 AND PERTAINING TO ALL ZONING AMENDMENTS, SPECIFIC USE PERMITS, SITE PLAN APPROVALS, AND BUILDING PERMITS RELATIVE TO THE CONSTRUCTION OF STORAGE OR SALES WAREHOUSES AND DISTRIBUTION CENTERS, NOT ALREADY EXISTING OR APPROVED, BY REDUCING THE GEOGRAPHHIC AREA AFFECTED BY THE MORATORIUM TO EXCLUDE THOSE PROPERTIES WITHIN THE PLANNED DEVELOPMENT DISTRICT NO. 22(PD-22) THAT ARE LOCATED SOUTH OF LBJ FREEWAY (IH-635). Mayor Phelps read the Consent Agenda items to the home audience and home viewers. B.3 CONSIDER REQUEST BY COLINAS CROSSING L.P. FOR FINAL PLAT APPROVAL OF ONE COLINAS CROSSING. Mayor Phelps presented the following information. One Colinas Crossing is a 15.4 acre tract of vacant land located on the west side of Luna Road approximately 1,000 feet south of LBJ Freeway. The development consists of a six-story office building and a two-level parking garage, which conforms to the site plan approved by City Council on January 19, 1998. The property was previously platted as a part of Park West Phase 3. Volume 77, page 88 The property is being platted to establish a new lot line between Lots 1 and 2 and to dedicate utility easements, access easements, firelane easements, and street easements for Luna Road. The plat is consistent with City requirements for final plat approval. A Developer's Contract currently exists for the property. The Planning and Zoning Commission unanimously recommends that the replat be approved. Mr. Bruce Heller, representing Means Interest, 4900 N. Central Expressway, presented a photograph of the rendering of the proposed building at One Colinas Crossing. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted the final plat for One Colinas Crossing. 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 FROM PRECISION LANDSCAPE MANAGEMENT FOR A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL GREENHOUSE AND PLANT NURSERY AT 2277 DELEGATE DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item was continued from the March 16, 1998 City Council meeting. The proposed site is a vacant 4.58 acre tract located at the east terminus of Delegate Drive, adjacent to the Valwood Industrial Park. The property is situated approximately 225 feet south of Valwood Parkway and approximately 480 feet east of Diplomat Drive on the west side of the Burlington Northern Railroad right-of-way. Precision Landscape Management intends to relocate its operations from Bee Street to the proposed site on Delegate Drive. Phase One would be comprised of a one story 8,991 square foot office warehouse building, two shade houses and covered storage. The office warehouse building would be constructed of split face concrete block with metal panels and a metal seam roof. The shade houses would be constructed of a metal frame structure with a plastic covering. Future phases include additional covered storage and enclosed storage, and pavement of generally the entire site except for required landscape areas. Approximately six percent of the site would be landscaped and an evergreen screening hedge of shrubs and trees would be planted along the north and west property lines. A six foot tall chain link fence with Volume 77, page 89 barbed wire on top is proposed around the perimeter of the property. The applicant has applied to the Building Code Board of Appeals for a variance from the building code standards to allow materials other than masonry on part of the office/ warehouse building and covered storage building and all of the two shade house structures. Approximately 57 percent of the office/warehouse building's exterior will be comprised of metal. A commercial greenhouse and plant nursery and outside storage requires a specific use permit within PD-22. The proposed development is not consistent with the Comprehensive Plan nor the quality and character of development that currently exists in the Valwood Industrial Park. The Planning and Zoning Commission, by a 4 to 3 vote, recommends the request for a Specific Use Permit be denied. Mayor Phelps opened the public hearing. Mrs. Brenda McDonald, 8333 Douglas Avenue, Suite 900, Dallas, came forward to represent Precision Landscaping. She stated Precision Landscaping is requesting approval of a specific use permit that would allow Precision Landscaping to relocate their existing Farmers Branch business to a new location in Farmers Branch. Mrs. McDonald introduced Mr. Bruce Birdsong and identified him and his parents, Mr. and Mrs. Dennis Birdsong, owners and operators of Precision Landscaping. Mrs. McDonald stated the business has operated in Farmers Branch for eight years and that it provides valuable services to other businesses that operate within Farmers Branch. Mrs. McDonald explained Mr. Birdsong researched other areas within the City to relocate his business. Mr. Birdsong found the 4.6 acre site located on the west side of 1-35 that seemed appropriate for his business operations and signed a contract to purchase it. Mrs. McDonald stated Mr. Birdsong purchased the property following a conversation that he had with city staff about the subject site. She stated if it were not for the favorable conversations with city staff Mr. Birdsong would not have purchased the property. Mrs. McDonald stated Mr. Birdsong now owns the 4.6 acres on the west side of Stemmons located within PD-22. She stated there are a number of constraints on the property and then presented a drawing to the Council of the proposed development and gave a review of the proposed modifications to the site. Mrs. McDonald stated originally the application to the Building Code Board of Appeals was to allow for a percentage of the exterior office/ warehouse building to be comprised of a metal. However, Precision Volume 77, page 90 Landscaping now proposes primarily a masonry building, with glass block. The office area would be comprised of windows and masonry, and the warehouse area would comply with the masonry requirement of the building code. She stated the request to the Building Code Board of Appeals at this point is to allow metal along the east side of the office/warehouse building which faces the railroad right-of-way. The metal exterior will allow for future expansion of the facility. Mrs. McDonald stated she feels the reception area which faces the cul- de-sac and comprised of brick columns and glass block is in keeping with the quality of development in the area. Mrs. McDonald explained the only street frontage is from the cul-de-sac on Delegate Drive. The west property line of the subject site is separated from the adjacent property to the west by a drainage swale. She stated there are attractive Live Oak and Cyprus trees along the drainage swale that would be preserved with development and provide a buffer between the properties. Mrs. McDonald also stated a number of trees on-site would remain. Mrs. McDonald stated some changes have been made to the site plan since the Planning and Zoning Commission hearing. These changes include the proposed cedar fence along the north and west property lines and the increased amount of masonry to the exterior of the building. Mrs. McDonald urged the Council to consider the request due to the unique nature of the property. Mrs. McDonald stated in regard to PD-22 the use is appropriate. PD-22 was established to allow light industrial uses with special development standards. She stated Precision Landscaping is a light industrial use and is appropriate for this location. She also stated staff viewed the use as a retail operation. Mrs. McDonald believes Precision Landscaping should be considered as an allowed use and she is present tonight because staff disagrees and Precision Landscaping is eager to proceed with development. Mrs. McDonald stated there have been two letters received by city staff submitted by property owners to the north and south of the subject property that support the project. She also stated there has been three additional letters in support of the request with no letters opposed to the specific use permit request. Mrs. McDonald explained Precision Landscaping has outgrown their current facility. She reiterated they have incorporated the suggested changes from the Planning and Zoning Commission and want to work with the Council to keep Precision Landscaping in Farmers Branch. She also stated she would be available to answer any questions the Council may have. Volume 77, page 91 A motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Councilman Grubbs asked staff if the percentage of the office/warehouse exterior will be comprised of metal and if the 57% is still a correct number. Mr. Michael Spicer, Planning Director, replied no that a revised site plan was forwarded to Council on Friday. He also stated Council was given a memorandum dated April 20, 1998. Councilman Grubbs asked if the percentage of masonry would be higher on the building. Mr. Spicer stated yes, but he did not have the figures for the building as a whole. He stated the north and south walls were increased to approximately 83% and 78% masonry construction. The east wall would remain 100% metal. The west face of the proposed warehouse which extends above the office portion, is shown to be 100% metal on the current site plan. However, the applicant has indicated a desire to meet the 75% masonry requirement if deemed necessary by Council. Councilman Grubbs referred to the April 20, 1998 memorandum's last paragraph, stating: The applicant has made no revisions to the site plan that merit a change in staff's original recommendation to deny the specific use permit request. Councilman Grubbs asked if this statement remains valid. Mr. Spicer replied it remains a valid statement. Mayor Phelps asked that staff make their presentation. Mr. Spicer responded to the information Mrs. McDonald presented to the Council. He stated that one of his main concerns was the reference to Mr. Birdsong's decision to purchase the property based on an initial reaction from City staff. Mr. Spicer stated that before a formal application was received by Community Services and after reviewing a preliminary drawing of the proposed development with other key staff, he personally informed Mr. Birdsong he thought his chances of gaining approval were poor. Mr. Spicer also stated Mr. Birdsong has operated a business in Farmers Branch for many years. He has been through the specific use permit process before. He had to obtain approval of a specific use permit for the landscape business on Bee Street from the City Council. Mr. Spicer stated Mr. Birdsong clearly understands it is the Council's decision and not the city staff that grants approval or denial of a specific use permit. Mr. Spicer stated in regards to the comments on the preservation of trees on the site is true under phase I, but the future expansion shows the entire site paved over and the trees removed. Volume 77, page 92 Mr. Spicer stated city staff has never implied or indicated that the proposed use is a retail operation, but is a commercial greenhouse and plant nursery. Mr. Spicer stated city staff also does not agree with applicant that it is a contractor shop and storage yard. Mr. Spicer reiterated the proposed development in staff's view is not compatible with existing development in the area. He stated it is not commensurate in its quality with existing development. He also feels if allowed to go forward in its present form, it will serve to lower the standard of future development on vacant, neighboring properties. Mayor Phelps asked Mr. Escalante if staff needed to make any more presentations. Mr. Escalante stated staff is prepared to respond to any questions or expand on any issues. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Bird, with Grubbs, Bird, Moses, and Robbs voting "aye," to deny the specific use permit, and Mayor Pro Tern Davis voting "nay." The motion passed with a 4 to 1 vote. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF FOULDS, INC., FOR A SPECIFIC USE PERMIT-INTERIM USE FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW (SNO-CONE STAND) LOCATED AT 2825 VALLEY VIEW LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Mrs. Sherri Foulds of Foulds, Inc., would like to operate a temporary sno-cone stand on the parking lot of the shopping center located at the northwest corner of Valley View Lane and Josey Lane. The stand will be placed approximately 70 feet east of the Video Update store. Foulds, Inc., has applied for a specific use permit-interim use which would allow the sno- cone stand to operate from May 1, 1998 through September 30, 1998. The proposed sno-cone business would be housed in a seventy-five (75) square foot portable wooden building, located approximately 70 feet east of the existing Video Update store in the parking lot of the shopping center. The portable building will have a walk-up service window on its east wall. Picnic tables will be placed on the north and south sides of the building between the adjacent existing parking lot medians. The rear of the building will face the Video Update entrance. A detached ice storage appliance will be located outside the rear northwest corner of the portable building. On March 24, 1998 the Building Code Board of Appeals granted Mrs. Foulds a variance to allow a portable wooden building having exterior walls with less than 75 percent masonry to be placed at this location through September 30, 1998 with the condition the specific use permit Volume 77, page 93 is approved by the City Council. Foulds, Inc., has previously operated a temporary sno-cone stand at this same location every summer since 1991. The Planning and Zoning Commission, by a 6 to 1 vote, recommends the specific use permit-interim use to allow a temporary sno-cone stand be approved with the following conditions: 1. The portable building and all appurtenances shall be removed from the property within 7 days subsequent to the expiration of the specific use permit. 2. The ice storage appliance shall be located along the north side of the sno-cone stand. Mayor Phelps opened the public hearing. Mrs. Sherry Foulds, 1617 Clydesdale, Lewisville, Texas, representing Foulds Inc., stated she is requesting a specific use permit to operate a temporary sno cone stand at the corner of Valley View Lane and Josey Lane. She stated the sno cone stand would be operated during the summer months only and in the same manner as in previous years. A motion by Councilman Robbs, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Councilman Robbs stated he has been concerned with the sno cone stand for the past couple of years. He stated the past and present Council has asked that this operation be located in a permanent facility. Councilman Robbs explained the City has recently passed ordinances that would preclude a local resident from using or having a building like the sno cone stand in their back yard. Councilman Robbs stated he knows the sno cone stand has been in operation for a long time but his concerns are with the children in the parking lot as well as sanitary facilities. He explained there is no running water or sewer connections in the facility that serves a food product. Councilman Robbs feels the sno cone stand is not compatible with the shopping center at this time. With the definite upgrading of the shopping centers in the area he is opposed to the sno cone stand at that location. Mayor Pro Tern Davis stated although the sno cone stand is temporary it needs aesthetic value. She asked if the building could be painted and brought up to a higher standard. Mrs. Foulds stated the building is being repaired and will have a new back door, new flooring, new trim, and new paint. The building will also have potable water. Mayor Pro Tern Davis asked what the exterior colors would be on the sno Volume 77, page 94 con stand. Mrs. Foulds replied the sno cone stand would be white with blue trim. Mayor Pro Tern Davis stated she would like to see a neater paint job on the sno con stand. Mrs. Foulds replied it would be a neater paint job. Mayor Phelps asked about the statement/agreement from the shopping centers for the restroom facilities. Mrs. Foulds stated the permission letter should be in the packet. Permission was granted by Video Update to use their restroom facilities. Councilman Moses stated that he is in favor of the sno cone stand. Councilman Bird stated he will be voting in favor of the sno cone stand this year. But the sno cone stand will need to be in a permanent facility in the future. Councilman Bird asked staff if there has been any complaints on the sno cone stand in the past year. Mr. Tom Scales, Community Services Director, replied there has been no complaints regarding sanitation or the operation. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Davis, with Moses, Davis, and Bird, all voting "aye," and Grubbs and Robbs voting "nay," approved the specific use permit-interim with conditions recommended by the Planning and Zoning Commission by adopting the following captioned Ordinance No. 2383. The motion passed with a 3 to 2 vote. 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 (BEGINNING ON MAY 1, 1998 AND EXPIRING ON SEPTEMBER 30, 1998) TO ALLOW THE OPERATION OF A "SNO-CONE STAND" WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AT 2825 VALLEY VIEW LANE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF NEXTEL OF TEXAS, INC., TO AMEND AN EXISTING SPECIFIC USE PERMIT TO ALLOW THE INSTALLATION OF THREE ADDITIONAL CELLULAR COMMUNICATION ANTENNA PANELS ON THE EXISTING WATER TOWER LOCATED AT 3723 VALLEY VIEW LANE AND WITHIN THE ONE FAMILY Volume 77, page 95 RESIDENCE-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On October 20, 1997, City Council approved a specific use permit to allow Nextel of Texas, Inc., to install nine (9) cellular communication antenna panels on the water tower located east of the Police and Courts building at 3723 Valley View Lane. Nextel of Texas, Inc., is requesting an amendment to the specific use permit to allow the installation of three (3) additional cellular communication antenna panels, on the water tower. The proposed antenna panels are four (4) feet in length and one (1) foot in width, match the existing panels both in dimension and color, and will be located at the same height as the existing panels. No other improvements are proposed to the property. A companion item related to Nextel's lease agreement with the City is included on this Council agenda. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit and associated site plan be amended subject to the following conditions: 1. The equipment building and all appurtenances shall be located such that they can be wholly contained within a lease area measuring 22 feet by 27 feet. 2. The equipment building's exterior match in color and materials the Justice Center screening wall fronting Valley View Lane unless otherwise approved by City Staff. 3. Nextel of Texas, Inc., or subsequent owner of the antenna and equipment building, shall remove the cellular communications antenna, associated equipment building, and all appurtenances within ninety (90) days subsequent to such time that the antenna and equipment building becomes obsolete and the use is abandoned. Mayor Phelps opened the public hearing. Mrs. Elizabeth Armfield, 8585 N. Stemmons Freeway, representing Nextel, stated she would be available to answer any questions the Council may have. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," closed the public hearing. Councilman Bird stated he does not have a problem with Nextel. He does have a problem in how instructions are followed by the field personnel. He asked how Nextel's field personnel could have installed 12 panels instead of the previously approved 9 panels. Councilman Bird again reiterated his concerns with Nextel not complying with the previously approved plans. Volume 77, page 96 Mrs. Armfield replied it was a miscommunication between the leasing department and the construction department. She stated usually the crew goes out and installs 9 panels and then returns to install 3 more if needed. She stated the construction department took it upon themselves to go head and install the 3 additional panels. Councilman Grubbs asked city staff about "Exhibit A" on page 3e. He wanted to make sure the circle shown at the southeast corner of the building represented an Oak tree. Mr. Michael Spicer, Director of Planning, replied it does represent an Oak tree. Councilman Grubbs stated there are two Oak trees and a screening wall that is part of the Justice Center development that will screen the equipment building from the south. Mr. Grubbs asked if a fence or any other type of screening would be provided at the southeast side of the equipment building other than the existing trees that may or may not adequately screen the building. Mr. Spicer replied there is no fence proposed. Mr. Spicer explained the existing trees and the Justice Center's masonry wall will be the extent of screening. Councilman Grubbs asked if the City would be requiring any kind of screening hedge or shrub at this location? Mr. Spicer replied the condition recommended requires the exterior materials of the equipment building to match those of the Justice Center screening wall. Councilman Grubbs asked if the applicant would agree to put up a screening hedge should staff determine the Justice Center screening wall and existing trees do not adequately screen the equipment building. Mrs. Armfield replied yes. Councilman Grubbs stated he would like to add the following condition to Ordinance No. 2381, Section 4. That a screening hedge be installed, as determined by staff, in the event staff concludes that the proposed Justice Center screening wall and existing vegetation do not properly screen the equipment building. Mayor Phelps asked if Nextel would be agreeable to the request. Mrs. Armfield replied she is sure Nextel would be agreeable. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2381 as amended. Volume 77, page 97 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 FOR A CELLULAR COMMUNICATIONS ANTENNA AND AN EQUIPMENT BUILDING WITHIN THE ONE FAMILY RESIDENT-2 (R-2) ZONING DISTRICT AT 3723 VALLEY VIEW LANE; REPEALING ORDINANCE NUMBER 2351; 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 CONSIDER ADOPTING RESOLUTION NO. 98-051 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH NEXTEL OF TEXAS, DOING BUSINESS AS NEXTEL COMMUNICAITONS FOR PROPERTY LOCATED AT 3723 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch entered into a lease agreement with Nextel of Texas, Inc. doing business as Nextel Communications on October 20, 1997. The lease allows Nextel Communications to place a mounted antenna on the water tower and allows for the placement of an auxiliary equipment building at 3723 Valley View Lane. Resolution No. 98-051 will allow the City Manager to execute an amendment to the lease agreement. The amendment is needed because of Nextel placing 12 antenna panels on the water tower after initial approval of 9. An associated SUP request is another item on this agenda. The current lease states that Nextel will pay the City $1000 per month for the leased space. With the addition of 3 antenna panels the lease is increased to $1500 per month. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-051 authorizing the City Manager to execute the amendment to the lease agreement with Nextel of Texas doing business as Nextel Communications. Councilman Grubbs left the Council Chambers and did not vote on this item. C.5 DISCUSS RECENT CONCERNS REGARDING TCI CABLEVISION'S SERVICE IN FARMERS BRANCH. Mayor Phelps presented the following information. On the April 6th Council Meeting, TCI was present at the request of Council to discuss recent changes, problems and concerns in programming, billing and general customer service. TCI stated that they would have to research many of the questions that were asked and return to this meeting to continue discussion with the City Council. Volume 77, page 98 A TO representative is present. Mayor Phelps stated that Councilman Grubbs returned to the Council Chambers. Mrs. Pat Bustos-Robinson, TO Cablevision, 1565 Chenault, Director of Governmental Affairs, gave detailed responses to questions she was asked at the April 6, 1998 City Council meeting. She also stated she would be available to answer any questions the Council may have. Mayor Pro Tem Davis stated in reference to the Quebec House, if Goldstar is their cable provider, does TO provide service to Goldstar. Mrs. Robinson stated it is a contractual agreement and Goldstar resells their signal. Goldstar is a reseller to a demarcation point, which is on the property. Mrs. Robinson stated beyond that it is a Goldstar contractual obligation and TO cannot enter the property. Mayor Pro Tern Davis stated Mr. Neeley related to her when the signal they receive for Goldstar goes down, the time span for a technician is too long and it is costing the Quebec House a lot of money. Mayor Pro Tern Davis asked if there was any way that TCI, the apartments, and a third party if needed, could work together and keep the time frame for service calls within a couple of hours. Mrs. Robinson replied she feels the contract may have a provision that states if they have to roll, they have to charge Quebec house. Mrs. Robinson stated if Mr. Neeley has a problem he needs to contact Goldstar. She stated he is calling TO and contractually it creates a problem. Mayor Pro Tern Davis asked if it would be possible for someone to contact Mr. Neely. Mrs. Robinson replied Mr. Neeley has already been contacted. Mrs. Lucille Bussa, 2730 Fyke Road, stated she has been a resident and a cable subscriber for the last 14 years. She stated she is frustrated with the cable company and had several complaints and questions for TCI. Mrs. Bussa read her list of complaints and questions to the Council and to Mrs. Robinson. Mrs. Bussa complimented the repair crew who have been extremely helpful. Mayor Phelps asked Mrs. Robinson to please respond to Mrs. Bussa questions. Mrs. Robinson replied she would be happy to respond to Mrs. Bussa questions. Volume 77, page 99 Dr. Diana Sims, 4017 Kerr Circle, stated she is having all the same problems as Mrs. Bussa. She stated she has been assigned her own personal technician manager and was a given his own personal phone number so she can call at anytime. Dr. Sims stated her current problem is the amplifiers go down and the picture is bad. She stated although she has access to a technician, the problem is constant. She also stated her neighbor across the street Stan Armstrong has the same problem. Mrs. Robinson thanked Mrs. Bussa for commending the TO service technicians. Mrs. Jeanne Ann Macejko, 4021 Kerr Circle, stated she is Dr. Sims neighbor and benefits from her special relationship with TO technicians. She stated her cable service has been so bad that she has resorted to using a roof antenna. She stated TO came out and fixed the problem but it lasted ten days and went down. She stated she feels the Council should fine TO like Dallas is doing. Mrs. Robinson stated she wanted to correct the statement that Dallas was not fining TCI, Fort Worth is fining their cable company. Mrs. Robinson stated TO is appreciative when residents complain, because that is the only way they can correct a problem. Mayor Phelps asked why the reception at Mrs. Macejko's house was good for ten days and then went down. Mr. Mark Morrison, TO General Manager, replied TO is starting to replace equipment in the plant that should provide a good picture that lasts. He stated TO would gladly check on it. Mayor Phelps asked TO to get Mrs. Macejko's address and check on it. Mrs. Robinson stated TO is in the process of talking about a renewal for their franchise. She stated part of the renewal would include a rebuilt system. She stated the system is more than 12 years old. She stated this is part of the plan to continue to do business in Farmers Branch. Mrs. Betty Suspinski, 13232 Kerr Trail, stated she has lived in Farmers Branch for 20 years. She stated while living in Minnesota they had fantastic cable and in Farmers Branch cable has been a constant problem and she no longer has cable service. She stated she does not understand how Minnesota with subzero weather can have excellent cable and the southern state cannot. Mrs. Suspinski asked the Council to consider other companies. She stated she would enjoy having cable in her home but she will not pay to have such bad cable service. Mrs. Bussa asked Mr. Morrison when will the new equipment be Volume 77, page 100 replaced. Mr. Morrison replied the equipment is being replaced currently. Mrs. Robinson stated the digital product that is being offered is being delivered over the same cable system as the current cable. Mrs. Mildred Rogers, 14440 Shoredale, stated she wanted to vouch for Mrs. Bussa and her cable problems. Mrs. Robinson stated there will be three tiers for the residents of Farmers Branch to chose from which will bring in more programming. Mayor Phelps stated he appreciates Mrs. Robinson's statement that TCI wants to hear residents complaints. He stated if you have a complaint to be sure and call TCI so they can fix the problem. C.6 CONSIDER ADOPTING ORDINANCE NO. 2380 NAMING HOLIDAY PARK AND ESTABLISHING THE PRINCIPAL USES OF THE PARK AS PARK, GREEN AND OPEN SPACE AND OTHER AUTHORIZED MUNICIPAL AND PUBLIC USES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 3.828 acre tract bounded by Alpha Road, Valley View Lane, and Alpha Link is commonly known as "Holiday Park". However, the tract is actually part of a street right of way which was dedicated to the City in 1976 by the Dallas County Community College District. Proposed Ordinance No. 2380 addresses an area 3.828 acres the approximate shape of a triangle that is created 15 feet inside the curbs of Alpha Road, Valley View Lane, and Alpha Link as it is to be realigned at its intersection with Alpha Road. The proposed ordinance names the area Holiday Park and designates the area for park and other open space and other authorized municipal and public uses. This designation is intended to insure that the property will be used only for public purposes. The designation will allow for the installation of park improvements, street improvements, utility improvements, or other such improvements that have been determined to provide a public benefit or serve the public. The proposal was presented to the Dallas County Community College District Board on March 3, 1998, and the Board approved a release and indemnification agreement with the City on April 7, 1998. Staff recommends adopting Ordinance No. 2380 naming Holiday Park and establishing the principal uses of the park as park, green and other open space and other authorized municipal and public uses. Dr. Diane Sims, 4017 Kerr Circle, thanked the Council for taking action on Holiday Park and feels it is a great addition to Farmers Branch. Dr. Sims asked about the current use of the park and the difference between dedication and designation. She stated Granite Development Volume 77, page 101 was using the park for storage and also was using Alpha Link. She asked if Granite was paying rent to the City for using these facilities? She stated if Granite does pay rent, it could be used to repair the sprinkler system so the park would have more flowers. Dr. Sims asked about the legal ramification between the words dedication and designation. Mayor Phelp stated the City cannot dedicate the park because the City does not own the property. He stated Dallas County Community College District dedicated the property as an easement to the City. Mayor Phelps stated again the City designated it as a park because the City has an easement on the property. Mr. Escalante stated the intent of the proposed ordinance was based on the fact the area was called Holiday Park during the request by Granite Property. He stated it became clear to staff that what the City had was a right-of-way and there was concern expressed regarding the sale of the right-of-way by the city. He stated it had been questioned whether this was a park but clearly it is a right-of-way. Mr. Escalante stated as a result of all these discussions, the city entered into discussions with the Dallas County Community College District and the District had agreed to allow the designation of this right-of-way as a park. He stated the College District did ask for a hold harmless agreement which the Council executed a couple of meetings ago. Mr. Escalante stated the effect of the ordinance will be to officially clarify the relationship of the triangle piece of property. It is officially a city park and will be called Holiday Park. The Council has put in the ordinance the uses of the park for green and open space, and authorizing municipal and public uses. Mr. Escalante stated it could not be used for commercial use. The City's interest, the right-of-way, could not be changed under this ordinance without a referendum put to the residents to use the park as a commercial use. Mr. Escalante state this issue was brought before the Council and discussed several months ago. He stated this ordinance takes care of the issue. Mr. Escalante stated the City did have to go the College District because the City does not own the underlining title to the property. All the City could do is change the right-of-way the city has and this designates it as a park. Mrs. Betty Suspinski, 13232 Kerr Trail, thanked the Council for keeping Alpha Link and Holiday Park. She stated she is confused that the City stresses Holiday Park is only excess right-of-way. She does not understand it clearly and for years the City leaders have celebrated this as Holiday Park. She also stated City staff has publicized Holiday Park Volume 77, page 102 as a park along with other park listings. Mrs. Suspinski asked how the Council can tell citizens the property is only excess right-of-way. She stated she also understands the property is listed as Farmers Branch property with the Dallas Appraisal District. Mrs. Suspsinski stated she feels this designation is obsolete, the park is a park and she appreciates the Council moving forward on this ordinance. She also stated she would like to be informed on what the City is doing. Mayor Phelps stated this issue goes back to 1976 and none of the present Councilmembers were on the Council then. He stated since it has been looked into, City officials learned it was a right-of-way that was donated by the Dallas County Community College District. He stated the City used it as a park. Mrs. Suspinski stated citizens were under the impression it was a park. Mayor Phelps stated legally it was not, but now it is a park, Holiday Park. Mr. Escalante stated if the Council approves this ordinance tonight, there will no longer be an issue whether it is a park or not a park. Mr. Stan Armstrong, 4014 Kerr Circle, stated he attended the work session and appreciates the updated information and the explanations the Council is giving his neighbors. He stated "lets vote". Mrs. Macejko thanked the council for the park. Councilman Grubbs asked if the council is voting on this as a park and not designated as an open space. Mayor Phelps stated the ordinance states the uses of the park for green and open space, and authorizes municipal and public uses. Mr. Escalante stated there can be no building unless it is a building related to the park. He also stated there was a clean copy of the ordinance given to the Councilmembers this evening. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2380 naming Holiday Park and establishing the public uses of the park. AN ORDINANCE NAMING HOLIDAY PARK, AND ESTABLISHING THE PRINCIPAL USES OF THE PARK AS PARK, GREEN AND OPEN SPACE AND OTHER AUTHORIZED MUNICIPAL AND PUBLIC USES. D.2 CONSIDER ADOPTING RESOLUTION NO. 98-056 AUTHORIZING THE Volume 77, page 103 EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PROVIDE ASPHALT RESURFACING USING THE COUNTY'S CONTRACTOR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As part of the 1997- 98 annual resurfacing program, a City-County Agreement has been prepared to utilize Dallas County's asphalt paving contractor to resurface selected streets within the City. The total price, is $26.50 per ton plus mileage for a total estimated price of $29.30 per ton. Last year's price, including mileage, was $27.45 per ton. Sections of streets to be resurfaced include Albon, Amber, Charcoal, Danny, Enterprise, Forestdale, Gardenbrook, Goldendale, Hague, Heartside, Hollandale, Lillard, McEwen, Pyramid, Shoredale, Southern Pines, Sunrose, Towerwood, Venture and Welch. Approximately 10,000 tons of asphalt will be used at an estimated cost of $300,000. The Street Resurfacing Program is budgeted in the Non-Bond Capital Improvement Fund in the amount of $691,000. Funds are available in the Street Resurfacing Program to fund the resurfacing of the streets. The resurfacing work will begin in July and take six weeks to complete. The City Engineer recommends adopting Resolution No. 98-056 authorizing the execution of a City-County Agreement with the County of Dallas to provide asphalt resurfacing using the County's contractor. There being no discussion, a motion by Councilman Moses, seconded Councilman Grubbs, all voting "aye," adopted Resolution No. 98-056 authorizing the execution of a City-County Agreement with the County of Dallas to provide asphalt resurfacing using the County's contractor. D.3 CONSIDER ADOPTING RESOLUTION NO. 98-055 AUTHORIZING THE EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PERFORM ROTO-MILLING SERVICES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As part of the 1997- 98 annual resurfacing program, a City-County Agreement has been prepared for Dallas County to perform roto-milling services on selected streets within the City. The roto-miling, prior to resurfacing, removes the old asphalt or provides a wedge in the concrete gutter in order to maintain the drainage capacity of the street. Sections of streets to be milled include: Ablon, Amber, Charcoal, Danny, Enterprise, Forestdale, Gardenbrook, Hague, Heartside, Hollandale, Lillard, McEwen, Pyramid, Shoredale, Southern Pines, Sunrose, Towerwood, Venture, and Welch. The County will roto-mill the existing asphalt or concrete, estimated at 54,000 square yards, for a cost of $1.00 per square yard. Upon completion of the roto-milling, the streets will be resurfaced with one and one-half to two inches of asphalt as part of the City's Street Resurfacing Volume 77, page 104 Program. The estimated cost for the roto-milling is $54,000. The Street Resurfacing program is budgeted in the Non-Bond Capital Improvement Fund in the amount of $691,000. There are sufficient funds available in the Street Resurfacing Program for the roto-milling. Staff recommends adopting Resolution No 98-055 authorizing the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Bird, all voting "aye," adopted Resolution No 98-055 and authorized the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. D.4 CONSIDER ADOPTING RESOLUTION NO. 98-046 AWARDING THE BID FOR THE DRAINAGE IMPROVEMENTS ON SUNBECK CIRCLE AND ON MARSH LANE TO V. J. STRAND CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The drainage improvements on Sunbeck Circle and Marsh Lane are budgeted in the 1997-98 Capital Improvement Program in the amount of $30,000. After design expenses, the amount available for construction is $23,200. Five bids were received and opened on March 10, 1998, all bids met specifications. The low bidder is V.J. Strand Construction, Inc. who submitted a bid of $38,260 with a contract time of 40 days. V.J. Strand Construction, Inc. has provided adequate qualifications and references for similar work. The proposed improvements include adding storm sewer pipe on the south side of north Sunbeck Circle and adding storm sewer and drainage inlets in the median area of Marsh Lane north of Valley View Lane. The design and surveying for these projects have cost $6,800. Materials testing is estimated at $200. Funds for the additional $15,260 needed for construction and materials testing are included in the Non-Bond Capital Improvement Program Mid-year budget amendments. The City Engineer recommends the adoption of Resolution No. 98-046 awarding the bid for the drainage improvements on Sunbeck Circle and the drainage improvements on Marsh Lane to V.J. Strand Construction, Inc. in the amount of $38,260. There being no discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Davis, all voting "aye," adopted Resolution No.98-046 awarding the bid for the drainage improvements on Sunbeck Circle and the drainage improvements on Marsh Lane to V.J. Strand Construction, Inc. in the amount of $38,260. Volume 77, page 105 D.5 CONSENT. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no reports or requests. D.7 CITIZEN PARTICIPATION. No one came forward. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:15 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:21 P.M. AND CONCLUDED AT 7:44 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 PERSONNEL MATTERS -TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 2. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. Mayor Phelps and members of the City Council discussed personnel matters. E.1 b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE - SECTION 551.072 DISCUSS LAND ACQUISITION IN AN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. Mayor Phelps and members of the City Council discussed possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE - SECTION 551.071 DISCUSS POTENTIAL LITIGATION RELATED TO THE WALKER PROJECT, INC. Volume 77, page 106 2. DISCUSS PENDING LITIGATION RELATIVE TO THE TONJA TAYLOR VS. CITY OF FARMERS BRANCH ET. AL. CASE. Mayor Phelps and members of the City Council discussed potential and pending litigation. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointments to the Planning and Zoning Commission would be postponed until the May 4, 1998 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Mayor Pro Tern Davis, a second by Councilman Gtubbs, all voting "aye", reappointed Diane Graifemberg, Gloria Aguilar, Olivia Nichols and Lorraine Blair for a term to expire on May 1, 2000 and to move Lorraine Blair from Alternate Place 1 to Place 3 on the Library Board. Ms. Carol Frierott did not want to be reappointed. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on possible land acquisition and no action was necessary. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on pending and contemplated litigation and no action was necessary. ANNOUNCEMENT. Councilman Berry Grubbs announced the citizens of Farmers Branch would have a chance to add their input on DART's Northwest Corridor Major Investment Study on May 26, 1998 at 7:00 p.m. at City Hall. F.1 ADJOURNMENT. A motion by Councilman Robbs, a second by Councilman Grubbs, all voting "aye", adjourned the City Council meeting of April 20, 1998, at 10:10 p.m.. Volume 77, page 107 Mayor r City Secretary 1 Volume 77, page 108