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1989-08-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 21, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Jeff Binford Councilmembers Bob Phelps Calla Davis Ron Pyle The following member of the City Council was absent: Councilmember Bill Moses The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John F. Burke City Attorney John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales City Engineer Jerry Murawski Economic Development Director Norma Nichols Public Ihformation Officer Donna Huerta Director of Parks & Recreation Jeff Fuller Director of Public Works Mark Pavageaux Director of Finance Doug Vanderslice Recording Secretary Brenda Anderson Mayor Blair called the City Council Meeting of August 21, 1989 to order at 7:31 p.m. The meeting was televised. A.1 INVOCATION Councilman Pyle gave the invocation. A representative group from Metrocrest Youth Organization led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING SEPTEMBER 2ND AS "METROCREST YOUTH DAY" IN FARMERS BRANCH. Mayor Blair read the proclamation and recognized Linda Keys, representing the Metrocrest Youth Organization. Mrs. Keys explained that the Board of Directors of the Area Youth Support Fund have committed to build a Teen Life Center in the Vol. 56, Page 91 Metrocrest area. The youth of Farmers Branch and the surrounding communities will greatly benefit from the Teen Life Center. Meterocrest Youth Day is being designated to raise funds for the building of the center. Mayor Blair proclaimed September 2 as "Metrocrest Youth Day" in Farmers Branch. J J A.3 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 10 year employee service award to Julie Hernandez of the Police Department. Mayor Blair presented a 5 year employee service award to Glen Cofer of the Equipment Services Department. A.4 PRESENTATION OF BOARD APPLICATIONS. Cassie Bledsoe, 3322 Gatwick Place, presented her board application desiring to serve on the Zoning Board of Adjustments, the Planning and Zoning Commission and the Park and Recreation Board. The following presented applications desiring to serve on the Library Board. Mr. Leonard Abbey, 13740 Tanglewood Drive Mrs. Janine Woody, 3210 Damascus Way B.1 - B.6 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained 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 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 being established in order to speed up discussion for those items that need more time for discussion. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", approved the deletion of item B.4 from the Consent Agenda and renumber to C.1a, and the addition of items D.4, D.5 and D.6 to the Consent Agenda. A motion by Councilman Pyle, a second by Mayor Pro Tem Binford, all voting "aye", approved the Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF AUGUST 7, 1989. Vol. 56, Page 92 B.2 AUTHORIZED THE ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR A REPLACEMENT SYSTEM FOR THE CITY'S HOST COMPUTER SYSTEM IN THE NEW CITY HALL. B.3 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF A RETAINING WALL SYSTEM FOR SLOPE FOR PROTECTION AT COOKS CREEK AND HOLLANDALE LANE AND RETAINING WALL REPAIR AT COOKS CREEK AND FYKE ROAD. B.5 ADOPTED RESOLUTION NO. 89-116 APPROVING SITE PLAN FOR A GROUND STORAGE WATER TANK TO BE LOCATED IN THE 2400 BLOCK OF WICKER AVENUE AND WITHIN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT. B.6 ADOPTED RESOLUTION NO. 89-108 APPROVING A CONTRACT WITH RONE ENGINEERS IN AN AMOUNT NOT TO EXCEED $7,481 FOR PROFESSIONAL SERVICES ASSOCIATED WITH MATERIAL TESTING FOR ORAN GOOD PARK ATHLETIC IMPROVEMENTS PHASE I. D.4 APPROVED RECEIVING PROPOSALS SUBMITTED BY QUALIFIED FINANCIAL INSTITUTIONS FOR THE CITY'S BANK DEPOSITORY CONTRACT. D.5 ADOPTED RESOLUTION NO. 89-111 APPROVING AGREEMENT WITH GRAHAM ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $14,010 FOR DESIGN SERVICES FOR THE RE-DESIGN OF THE LAKE AREA WITHIN GUSSIE FIELD WATERWORTH PARK. D.6 ADOPTED RESOLUTION NO. 89-113 AUTHORIZING AN AGREEMENT WITH JONES-FRIEBELE CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $16,000 FOR THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE VALWOOD PARKWAY/DIPLOMAT DRIVE AND SPRING VALLEY ROAD/PROTON ROAD TRAFFIC SIGNAL SYSTEMS. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of the various projects in the departments of the City. MAYOR BLAIR ANNOUNCED THAT COUNCILMAN MOSES IS OUT OF THE CITY AND UNABLE TO ATTEND THE COUNCIL MEETING TONIGHT. C.1a SITE PLAN: CONSIDER REQUEST OF J. LEE BADARACCO FOR APPROVAL OF AN AMENDMENT TO THE JOHNSON OUTPOST TOWN NORTH BRANCH YMCA SITE PLAN TO PERMIT THE RECONFIGURATION OF THE PARKING AND OUTDOOR ACTIVITY AREAS AND TAKE APPROPRIATE ACTION. Vol. 56, Page 93 Mayor Blair presented the consideration. On December 19, specific use permit to operate institution of a religious, nature by adoption of Ordinance within the ordinance included: 1. Subsequent approval of a site and egress, off-street parking located on the property. following information for 1960, the YMCA was granted a the Johnson Outpost as an educational or philanthropic No. 268. Conditions contained plan showing means of ingress and other improvements to be 2. All field lighting and activities shall be discontinued on the tract of land prior to 10:00 p.m. each night. A site plan amendment is required because the drive approaches are being improved (means of ingress and egress), the off-street parking is being expanded by eight spaces and the field lighting is being relocated. The Planning and Zoning Commission, by unanimous vote, recommends that the site plan be approved with the condition that the lighting intensity not exceed two foot candles at the bounding residential property lines. Mayor Blair recognized J. Lee Badaracco, architect, who was available for questions of Council. The Council addressed concerns of the lighting having an impact on the adjoining residential property. After discussion, Mayor Pro Tem Binford made a motion to reschedule this item to the September 5, 1989 Council Meeting to allow time for resident notification and input concerning the change in the foot candles of the lighting system and the security of the lighting system. Councilman Pyle seconded the motion and all voted "aye." C.2 PUBLIC HEARING: CONSIDER REQUEST OF METROCREST TIRE AND AUTO INC. FOR APPROVAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE REPAIR FACILITY LOCATED AT 2435 SQUIRE PLACE AND WITHIN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Metrocrest Tire and Auto proposes to operate a retail tire store and automotive repair facility within a 4,813 square foot lease space at 2435 Squire Place. The retail tire sales activity is an allowable use within the PD-33 zoning district. The general automotive repairs use (which includes the mounting of tires) requires the approval of a specific use permit in order to be located in the PD-33 District. Vol. 56, Page 94 Owners of twenty-four (24) percent of the total area within two hundred (200) feet of the subject site opposed the request. Article 24, Section 101 (e) of the zoning ordinance requires that three-fourths (3/4) of the members of the City Council must vote in favor of the request for it to become effective. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for an automotive repair facility located at 2435 Squire Place be approved with the following conditions: 1. All sales and repair activities shall take place only within the building. 2. Vehicles stored outside the structure during hours in which the facility is not open to the public shall be limited to the five parking spaces designated on the site plan. 3. The five designated spaces shall be clearly marked in a manner determined suitable by the City Building official. 4. All vehicles stored outside the building hours shall display current license plates and valid inspection sticker. Mayor Blair opened the public hearing and recognized Paul White. Mr. White, representing Metrocrest Tire and Auto, stated he was available to answer questions of Council. There being no other persons wishing to speak, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. Discussion followed concerning hours of operation due to neighborhood noise, types of work and emissions. After some consideration, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1833 approving the request with two additional provisions (1) that no sales or repair activities shall extend beyond 9:00 p.m. and (2) that the facility shall not produce emissions which will adversely affect adjacent tenants or properties. 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 "GENERAL ENGINE REPAIRS" ON PROPERTY LOCATED AT 2435 SQUIRE PLACE AND WITHIN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT; ESTABLISHING CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; Vol. 56, Page 95 PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER REQUEST OF MTR PROPERTIES FOR APPROVAL OF AN AMENDMENT TO THE EXISTING SPECIFIC USE PERMIT FOR A CAR WASH AT 3336 BELTLINE TO PERMIT THE EXPANSION OF THE CAR WASH TO INCLUDE AN AUTOMOTIVE REPAIR FACILITY ON SITE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. Ultra Car Wash is proposing to expand the present facility in order that it might also include an automotive repair facility on site. This item was originally advertised as a tune-up shop but it has been determined that the intended activities would constitute a full-service auto repair facility. The City Staff has readvertised the request and it will be placed on the September 5, 1989, Council agenda. There was no action to be taken. C.4 PUBLIC HEARING: CONSIDER REQUEST OF PRENTISS PROPERTIES FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA AT 1590 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 60 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Prentiss Properties proposes to place a satellite antenna with a diameter of fifteen (15) feet on top of the parking structure located adjacent to the Doubletree Hotel. A specific use permit is required in accordance with Ordinance No. 1750 (Antenna Regulations) because the antenna is greater than ten feet in diameter. The antenna is to be located immediately adjacent to the south side of the elevator shaft structure in order that partial screening is provided. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for a satellite antenna at 1590 LBJ Freeway be approved with the condition that the existing (temporary) satellite antenna located at the northeast corner of the parking structure be removed within 48 hours of approval by final inspection of the proposed satellite antenna. Mayor Blair opened the public hearing and recognized Tom Foley, representative of Prentiss Properties. Mr Foley stated he was available for any questions from the Council. There being no other persons wishing to speak, a motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", closed the public hearing. Vol. 56, Page 96 A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adopted the following captioned Ordinance No. 1835 approving the request: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A ROOF MOUNTED SATELLITE ANTENNA AT 1590 LBJ FREEWAY IN THE PLANNED DEVELOPMENT 60 (PD-60) ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER AMENDING THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT TO ALLOW A GASOLINE SERVICE STATION USE WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Triple A Oil Company is requesting an amendment to the Planned Development No. 30 zoning district to list "Gasoline Service Station" as an allowable use within the district. The uses currently permitted within PD-30 range from office to varied retail activities, however, the general character of the district is that of light industrial or heavy commercial. There are three existing service stations in the PD-30 district. The Comprehensive Plan indicates that the appropriate land use for this zoning district which fronts I-35 north from Valley View Lane to Valwood Parkway is General Commercial. The addition of "Gasoline Service Station" to the PD-30 use chart, while not explicitly addressed by the Comprehensive Plan, is not inconsistent with the General Commercial land use designation. The Planning and Zoning Commission, by unanimous vote, recommends that the Planned Development No. 30 zoning district be amended to permit "Gasoline Service Station" by specific use permit. Mayor Blair opened the public hearing and recognized Roy Kull. Mr. Kull, representing Triple A Oil, stated he was available to answer questions of Council. There being Mayor Pro T+ voting "aye", A motion by Binford, all Ordinance No. no other persons wishing to speak, a motion by am Binford, a second by Councilman Phelps, all closed the public hearing. Councilman Phelps, a second by Mayor Pro Tem voting "aye", adopted the following captioned 1832 amending the Planned Development No. 30: Vol. 56, 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 INDICATE GASOLINE SERVICE STATION AS A PERMITTED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.6 PUBLIC HEARING: CONSIDER AMENDING THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT TO ALLOW A DAY CARE CENTER WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Heritage Square Ltd. is requesting an amendment to the Planned Development No. 39 zoning district to add "Day Care Center" to the use chart. PD-39 permits high-density office development as well as hotels and financial institutions as principal uses. A limited number of secondary uses, which serve, primarily, the needs of the occupants of the zoning district are also permitted. Secondary uses are permitted only in the presence of office uses and are limited to 20% of the gross floor area within the district. If the zoning amendment is approved, Heritage Square intends to operate a day care center in the two story garden office located at 4825 LBJ Freeway. The Planning and Zoning Commission, by unanimous vote, recommends that the Planned Development No. 39 zoning district be amended to permit "Day Care Center" as a secondary use within the zoning district subject to site plan approval. Mayor Blair opened the public hearing and recognized Cara Fenner. Ms. Fenner, Landlord of the Heritage Square properties, stated she was available to answer questions of Council. There being no other persons wishing to speak, a motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Pyle, a second by Councilmember Davis, all voting "aye", adopted the following captioned Ordinance No. 1834 amending the Planned Development No. 39: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, Vol. 56, Page 98 SO AS TO INDICATE DAY CARE FACILITY AS A PERMITTED SECONDARY USE REQUIRING SITE PLAN APPROVAL IN THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.7 SITE PLAN: CONSIDER REQUEST OF HERITAGE SQUARE LIMITED FOR APPROVAL OF A SITE PLAN FOR AN OUTDOOR PLAY AREA AT 4825 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. State law requires that day care facilities provide appropriate outdoor play areas. Heritage Square Ltd. is proposing to locate an outdoor play area in the courtyard of the 2-story garden offices at 4825 LBJ Freeway within the Heritage Square development. The proposed play area is approximately three thousand square feet in area and is surrounded by a dense screening hedge consisting of photinias and dwarf burford holly. This hedge should provide adequate screening for the structures in the play area which range in height from 2 feet to 9 feet. The removal of the three thousand square foot area from the landscape total will leave the development with a landscape percentage of greater than thirteen percent. The Planning and Zoning Commission, by a vote of 5 to 1, recommends the site plan for an outdoor play area be approved with the condition that 20 parking spaces adjacent to the building be reserved to allow sufficient space for child drop-off. Ms. Cara Fenner, representing Heritage Square, answered questions relating to the 20 parking spaces as recommended by the Planning and Zoning Commission. Ms. Fenner responded favorably to a concern of the Council relating to providing a latch on the gate that would prohibit outside entry into the play area. After some discussion, a motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-114 approving the site plan for an outdoor play area with the condition that 20 parking spaces be reserved for child drop-off as recommended by the Planning and Zoning Commission and the condition that the latch on the outside gate be adult height and not allow access from the outside area. C.8 CONSIDER REQUEST TO DISCUSS APPOINTMENT OF COMMITTEE MEMBERS AND TAKE THE APPROPRIATE ACTION. Vol. 56, Page 99 Mayor Blair presented the following information. This item has been placed on the agenda at the request of Vernon Smith. Mr. Smith had to go out of town unexpectedly and requested the item be postponed until the next Council meeting. C.9 CONSIDER REQUEST TO DISCUSS WHAT ACTION THE FARMERS BRANCH CITY COUNCIL PLANS TO TAKE TO PROTECT OUR CITIZEN'S LIVES AND PROPERTY VALUES FROM THE ZOECON CORP. IN LIGHT OF THE RECENT WATER TEST RESULTS SHOWING CONTAMINATION AND TV REPORTS OF THE DAMAGE CAUSED BY ZOECON AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information. This item has been placed on the agenda at the request of Vernon Smith. Mr. Smith had to go out of town unexpectedly and requested the item be postponed until the next Council meeting. C.10 CONSIDER RESOLUTION NO. 89-117 ADOPTING THE RECOMMENDATION OF THE LBJ CORRIDOR DEVELOPMENT STANDARDS COMMITTEE AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Comprehensive Plan was adopted in May of 1989. Guidelines for building density (Floor Area Ratio) and building height (Slope) were not included for properties along the LBJ Freeway from Templeton Trail west to the Metro Square Development. The LBJ Corridor Development Standards Committee was appointed to formulate a recommendation establishing FAR and building slope guidelines for this area to be considered for inclusion in the Comprehensive Plan. The Committee's recommendation proposes excluding parking structures, the use structures as a buffering element between and adjacent residences, and a minimum ratio of 3:1 (3 feet building setback for height). a maximum FAR of 1:1 of 2-story parking commercial buildings ouilding height slope each 1 foot building Mayor Blair stated the recommendation of the Committee is not a zoning change. It is a recommendation to amend the Comprehensive Plan which is a guideline for the City Council and the Planning and zoning commission. Mayor Blair recognized Tom Scales, Director of Community Services. Mr. Scales presented to Council several questions that Staff had encountered concerning the Committee's recommendation and asked for guidance from the Council. Mayor Blair recognized the following to speak on this matter: Mrs. Cheryl Howerton, 3657 Morningstar Circle, stated she has Vol. 56, Page 100 been involved in trying to protect the residents since 1975 and requested no further intrusion be allowed. Mr. Jim Shafer, Executive Director of RHD Hospital, stated he was available for any questions. Mr. Charles Heath, President of Metrocrest Hospital Authority, stated the desire of the Authority to work with the residents and respond to their needs. Mr. Gene Secrest, 12220 Eunice Street, expressed his concern with traffic congestion and opposed the development of high rise buildings. Mr. John Anschutz, 3206 Damascus Way, opposed the recommendation of the Committee. Mr. Anschutz felt it would encroach on the residents. Mr. Bruce Woody, 3210 Damascus Way, opposed the recommendation of the Committee. Mr. Woody stated areas of the Comprehensive Plan that he felt conflicted with the recommendation of the Committee. Mr. Woody stated that Mr. Chris Gaisbauer, 3105 Myra Lane, requested he speak for him opposing the recommendation. Mr. Woody read a letter prepared by Mr. Gaisbauer opposing the recommendation. Mrs. Jan Woody, 3210 Damascus Way, opposed the recommendation of the Committee. Mrs. Woody supported her opposition with information from an engineer of the LBJ Freeway. Mr. Kenneth Holley, 3215 Damascus Way, expressed his concerns with the make-up of the Committee, potential traffic problems, and the lack of citizen awareness of LBJ Corridor Study. Mr. Carl Stewart, 3268 Brincrest Drive, expressed his concern with the hospital expanding and causing property devaluation, excessive noise and traffic, especially around Cabell School. He stated he was proud to live in Farmers Branch and opposed the recommendation. Mr. Darrell Berres, 3264 Brincrest, opposed He has lived here since 1962, proud of th, want to see it change. Ms. Mildred Vanderslice, 3273 Brincrest recommendation and opposes any type of high Mr. William Sheveland, 3185 Golden recommendation. Mr. Sheveland stated his problems and resident opposition. the recommendation. a area, and does not Drive, opposed the rise. Oak, opposed the concerns of traffic Vol. 56, Page 101 Mr. John Dodd, 12920 Mitchwin Road, opposed the recommendation. Mr. Max Raulins, 12408 Veronica, Chairman of the Metrocrest Hospital Authority, expressed the desire of the Authority is to bring the best health care possible to the area. He stated he did not feel the Hospital's traffic contributed to the traffic problems on Myra. Mr. Bill Boudreau, 3451 Ridgeoak Way, opposed the recommendation of the Committee. Lengthy discussion followed among the Councilmembers regarding citizen's comments and concerns. Councilman Phelps made a motion to continue this consideration until the staff has studied and looked at other buffer options for considerations. The motion died for the lack of a second. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, to table this issue to allow staff to prepare alternatives for a general buffering between the development and residential areas and bring this back for Council action the second meeting in October and during that interim period of time have the adequate number of study sessions that are needed to deal with this effectively and finally in October if at all possible. The motion carried 3 to 1, with Mayor Pro Tem Binford, Councilmembers Davis and Pyle voting "aye", and Councilman Phelps opposed. There followed a discussion among the Council concerning the FAR and the inclusion of parking structure areas in the FAR calculation. Following the discussion Councilman Phelps made a motion, seconded by Councilmember Davis, that the study that returns to the Council in October include the FAR, 1:1, and that it includes the parking garage areas. The motion carried 3 to 1, with Councilmember Phelps, Davis and Pyle voting "aye", and Mayor Pro Tem Binford opposed. D.1 CONSIDER APPOINTING A REPRESENTATIVE TO THE RED CROSS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information. The Red Cross of Dallas County has requested for a representative to be appointed to act as a liaison between the City of Farmers Branch and the Red Cross. This will enable the Red Cross to better serve the needs of the City. Local news media who were present were requested to advertise in the newspaper for a volunteer that has interest in the Red Cross to represent the city. The information will also be placed in the City newsletter the first week in September. This item will be rescheduled after advertised. Vol. 56, Page 102 D.2 CONSIDER SETTING A MEETING DATE FOR THE CITY COUNCIL TO MEET WITH THE APPOINTED ADVISORY BOARDS AND COMMISSIONS AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair stated the desire of the City Council to meet with the appointed Advisory Boards and Commissions, as a group as well as individually, to discuss general information including procedures and budget. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", approved to have a meeting with all of the Advisory Boards and Commissions on September 13, Wednesday, at an area hotel with a reception from 6:00 to 7:00 p.m. and meeting at 7:00 p.m. D.3 CONSIDER ADOPTING RESOLUTION NO. 89-118 APPROVING CHANGE ORDER NO. 5 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY AND APPROVING ADDITIONAL SERVICE FEES BY THE PROJECT ARCHITECT FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The City has requested nine changes to the New City Hall. They include revisions to offices in the City Manager's area, the Eng- ineering Department and Print Shop; deletion of some soffit light; and addition of a night drop box. Change Order No. 5 provides for these changes to the construction contract with Dal-Mac Construction Company in an amount of $6,919 deducted from the contract price. The project architect, F&S Partners, additional services on the new City Hall the City. These changes are in aforementioned items. A change order to requested for those design service f $1,893. Inc., has performed Project as directed by conjunction with the the design contract is aes in the amount of The total affect on the project is a net deduction of $5,026. The City Engineer recommends adoption of Resolution No. 89-118 to approve Change Order No. 5. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-118 approving Change Order No. 5 to a construction contract with Dal-Mac Construction Company in the deduct amount of $6,919 and approving additional design service fees by F&S Partners in the amount of $1,893 for a net deduction of $5,026 for Farmers Branch City Hall Project. Vol. 56, Page 103 D.4 Consent Item D.5 Consent Item D.6 Consent Item D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for council discussion and consideration. City Manager Richard Escalante gave a report of attending the Texas Municipal League Tax and Finance Seminar in Austin on August 15. D.8 CITIZEN PARTICIPATION. No one spoke. MAYOR BLAIR ANNOUNCES THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. 2. DISCUSS CITY MANAGER EVALUATION POLICY AND PROCEDURES. An appointment to the Library Board was discussed. A discussion was held relating to the City Manager's evaluation policy and procedures. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(F) 1. DISCUSS POSSIBLE LAND ACQUISITION. A discussion was held relating to possible land acquisition. C. DISCUSS 6252-1 1. 2. 3. 4. 5. PENDING 7 SEC. 2 DISCUSS DISCUSS DISCUSS DISCUSS DISCUSS AND CONTEMPLATED LITIGATION - ARTICLE (e) VANDERSLICE VS. CITY. NATIONAL ADVERTISING COMPANY VS. CITY. CHAPMAN AND GATCOMB VS. CITY. CLAIM OF TOMMY WEIR AGAINST CITY. WATER RATE CASE. Vol. 56, Page 104 A discussion was held relating to the above named pending and contemplated litigation. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", appointed Leonard Abbey to serve Place 1 on the Library Board for a term to expire May 1, 1991. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action deemed necessary. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action deemed necessary. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", adjourned the City Council meeting of August 21, 1989 at 12:35 a.m.. I V-~ i-- Mayor Dave Blair City Secretary Vol. 56, Page 105