City of Farmers
Branch
City Council
Regular Meeting Agenda
City Hall Plaza
13000 William
Dodson Parkway
Farmers Branch,
Texas
Monday, February
2, 2004
7:30 P.M.
The following members of the City
Council were present:
Mayor
Bob
Phelps
Mayor Pro Tem
Paul Walden
Deputy Mayor Pro Tem
Bill
Moses
Councilmembers
Charlie Bird
Junie Smith
Ben Robinson
The following members of
Administration were present:
City Manager
Linda Groomer
City Secretary
Cindee Peters
Assistant to the City Manager
Margaret Somereve
Assistant to the City Manager
John Roach
Director of Economic Development
Norma Nichols
City Attorney
John Boyle
Fire Chief
Kyle King
Police Chief
Jimmy Fawcett
Acting Library Director
Kate Lyon
City Engineer
Jerry Murawski
Director of Communications
Tom
Bryson
Director of Public Works
Mark Pavageaux
Director of Community Services
Michael Spicer
Director of Equipment Services
Don Moore
Director of Parks and Recreation
Jeff Fuller
Recording Secretary
Suzanne Reynolds
Mayor Phelps called the City Council meeting of February 2, 2004 to order at 7:31 p.m. The meeting was televised.
A.1 INVOCATION
AND PLEDGE OF ALLEGIANCE.
Councilman Bird gave the invocation and Councilman Robinson led the pledge of allegiance.
A.2
PRESENTATION OF AWARDS FROM THE TEXAS TURFGRASS ASSOCIATION FOR ORAN GOOD
2 TO BE HONORED AS BASEBALL FIELD OF THE YEAR AND FROM THE SPORTS TURF MANAGERS
ASSOCIATION FOR ORAN GOOD 5 TO BE HONORED AS NATIONAL SOFTBALL FIELD OF THE
YEAR.
Mayor Phelps presented the
following information. In the
months of December 2003 and January 2004, the Parks and Recreation Department
received state and national recognition from two separate turf maintenance
organizations. Oran Good 2 was
honored as Baseball Field of the Year by the Texas Turfgrass Association, and
Oran Good 5 was honored as the Softball Field of the Year by the National Sports
Turf Managers Association.
Rick Parker with the Texas
Turfgrass Association presented the “Baseball Field of the Year Award” to
the City’s Parks and Recreation staff Jeff Fuller, Parks and Recreation
Director, Russell Coe, Pam Smith, and Charles Cancellare.
Kathy Cassmeyer, Past President of
the North Texas Chapter of the Sports Turf Managers Association, also presented
the “National Softball Field of the Year Award” to the grounds crew in
recognition of turf and facility excellence at Oran Good 5.
A.3 REPORT
ON STUDY SESSION ITEMS.
Mayor Phelps
and the City Council gave a brief summary of the items discussed in Study
Session prior to the regular meeting.
A.4 PRESENTATION
OF BOARD APPLICATIONS.
There were no board applications
presented.
B.0
CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION.
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 Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” adopted the Consent Agenda as submitted.
B.1
APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 19, 2004.
B.2
ADOPTED RESOLUTION NO. 2004 -014 AUTHORIZING THE CITY MANAGER TO SIGN A
STREET LIGHT AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY.
C.1 CITIZEN
PARTICIPATION.
John Wells, 13521 Heartside Place,
expressed his concerns about the Dallas County Justice of the Peace office at
2774 Valwood Parkway moving out of Farmers Branch and the Dallas County office
at the corner of Valley View Lane and I-35 moving into the 2774 Valwood Parkway
location.
Mayor Phelps stated he would get
with Mr. Wells after the meeting.
C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY ANGELO J. VACCARO ON BEHALF OF MICHAEL GREGORY FOR A SPECIFIC USE PERMIT-INTERIM USE TO ALLOW OUTDOOR STORAGE OF PIPE AND OTHER PLUMBING SUPPLIES FOR A PERIOD OF NOT LESS THAN 2 YEARS, EXTENDING FROM FEBRUARY 1, 2004 TO FEBRUARY 1, 2006, LOCATED AT 1641 KEENAN BRIDGE ROAD WITHIN PLANNED DEVELOPMENT NUMBER 77; CONSIDER ORDINANCE 2757, AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The
subject site is improved with a 1,664 square foot brick office building, a 4,800
square foot metal warehouse building, and a telecommunication antenna tower.
The existing buildings and a masonry wall partially screen the outside
storage of pipes and plumbing supplies from Keenan Bridge Road. Since 1990 the site has been awarded five interim specific
use permits for outside storage and general repair. The current interim specific use permit expires on February
1, 2004.
The applicant’s filed request
and staff’s recommendation for the Specific Use Permit-Interim Use are for 2
years. At the Planning and Zoning
Commission hearing, the applicant requested the time period be extended to 7
years.
The Planning and Zoning Commission by a vote of 5 to 2 recommended
approval of the requested Specific Use Permit-Interim Use and associated site
plan to extend for a period of 4 years, with the following condition:
1.
The Specific Use Permit-Interim Use shall expire on February 1, 2008.
Mayor Phelps opened the public hearing.
A motion by Councilman Bird, seconded by Councilman Robinson, all voting
“aye,” closed the public hearing.
Councilman Robinson stated he felt the 4 years proposed for the specific
use permit interim use was too long and asked why the City does not stay with 2
years.
Kaizer Rangwala, Director of Planning, reviewed the history and use of
the specific use permit submitted. Mr.
Rangwala stated staff’s recommendation was for 2 years.
The Planning and Zoning Commission recommends 4 years.
Councilman Bird stated Council is not denying the applicant and he agrees
with Councilman Robinson and recommends 2 years.
Councilman Bird inquired what would happen if something came up during
the next 4 years. City Manager
Linda Groomer replied that the applicant would still have his permit and the
City could initiate a review of the permit; however, surrounding development
would have to take the remaining timeframe on the permit into consideration as
to how it might impact them.
There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting “aye,” adopted the following captioned Ordinance Number 2757 approving the Specific Use Permit-Interim Use for outdoor storage for a period of 2 years, expiring on February 1, 2006.
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 for a period of TWO (2) years, expiring February 1, 2008
to allow outdoor storage of pipe and other plumbing supplies ON An approximately
1.6 ACRE TRACT OF LAND SPECIFICALLY DESCRIBED AS lot 1, block 1 of THE GREGORY
ADDITION AND MORE COMMONLY KNOWN AS 1641 KEENAN BRIDGE ROAD within the Planned
Development No. Seventy-Seven (PD-77) 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.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-020 IN SUPPORT OF A REGIONAL APPROACH TO AIR QUALITY IMPROVEMENT AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The North
Texas Council of Governments has requested that its member cities consider
adopting a resolution supporting measures intended to help the region attain its
air quality goals. The North Texas
Region, including Dallas, Tarrant, Denton and Collin Counties, is currently in
violation of the federal, one-hour standard for air quality.
The region will also be required to meet a new proposed 8-hour ozone
standard that will be finalized by the EPA by April 2004.
This new standard will require a new State Implementation Plan containing
additional ozone reduction strategies designed to meet the new health based
standard.
It is believed that the best way
to meet the standards and improve air quality is to set achievable goals,
provide cost effective solutions, and implement those measures as soon as
practicable to improve air quality. The
State has created the Texas Emissions Reduction Program to provide funding to
reduce pollution from on-road and off-road diesel equipment over the next four
years. Farmers Branch could utilize
funds from the State program to recover a substantial portion of the cost of
retrofitting and/or replacing diesel equipment for the purpose of reducing
pollution caused by diesel engines.
The proposed resolution, if
adopted, will establish a goal of continuing the City’s efforts to reduce
electricity consumption, and also states that the City will attempt to reduce
emissions from diesel-fueled vehicles in both public and private fleets.
The proposed resolution supports the application of more energy
efficiency measures in the design of public and private buildings and
facilities. The resolution includes
a listing of more detailed measures that the City can use as a guidance document
in evaluating decisions that could affect air quality.
Traffic Engineer Dave Davis,
Equipment Services Director Don Moore and Assistant to the City Manager Margaret
Somereve, gave a presentation on the following:
Air Quality Report from the Metroplex Mayors Association Meeting of
January 13, 2004, Reducing Electricity Consumption, and Air Quality and
Emissions Reduction History.
Mayor Phelps stated this is a
process that will take several years to accomplish.
There being no further discussion,
a motion by Mayor Phelps, seconded by Councilman Robinson, all voting “aye,”
adopted Resolution No. 2004-020 in support of a regional approach to air quality
improvement.
D.2 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND APPOINTMENT OF CHAIRPERSON FOR THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION.
A motion by Mayor Pro Tem Walden,
seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” reappointed
Rebecca Crawford to the Historical Preservation and Restoration Board.
A motion by Mayor Pro Tem Walden,
seconded by Deputy Mayor Pro Tem Moses, appointed Debra Marshall to serve as
Chair of the School-Community Relations Committee.
D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.
City Manager Linda Groomer stated
that on Thursday, January 29th she traveled to Austin to attend the
Texas Municipal Clerks Certification Program to be present when City Secretary
Cindee Peters received her re-certification certificate.
Ms. Linda stated Richard Escalante, Vice Chancellor at the University of
North Texas, gave the keynote address at the award ceremony.
D.4
PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.
Mayor Pro Tem Walden stated he and
Councilwoman Smith attended the Planning and Zoning Commission meeting on
January 26th “DFW Economic Trends” presented by Dr. Weinstein.
He stated the program was well worth the time for him and Councilwoman
Smith.
Ms. Groomer stated Dr.
Weinstein’s presentation is available on tape and if anyone is interested in
viewing the tape to contact Cindee Peters, City Secretary.
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 6:24 P.M. AND THEN CONCLUDED AT 7:17 P.M.
TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT
SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED
LITIGATION MAY BE DISCUSSED IN CLOSED SESSION.
E.1
DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072.
Discuss the acquisition of property at 13402 Dennis Lane,
Farmers Branch, Texas.
Mayor Phelps explained that Staff was present to discuss
this item with the City Council.
E.2
DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE
SECTION 551.071.
Discuss pending or contemplated litigation related to the
environmental cleanup of the former St. Stephens dry cleaners property located
at 2788 Valwood Parkway.
Discuss pending or contemplated litigation related to the
environmental cleanup efforts of Wellmark International, located at 12200 Denton
Drive in Dallas.
Mayor Phelps stated Staff was present to discuss these
items with the City Council.
F.1
CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Phelps explained that Staff updated City Council on
items in Executive Session and no action was necessary.
F.2
ADJOURNMENT.
A motion by Mayor Pro Tem Walden,
a second by Councilwoman Smith, all voting “aye”, adjourned the City Council
meeting of February 2, 2004 at 8:25 p.m.
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