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1990-01-22 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 22, 1990 COUNCIL CHAMBER CITY HALL PLAZA 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Jeff Binford Bob Phelps Calla Davis Bill Moses Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services Director of Planning City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Michael Spicer Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Donna Huerta Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of January 22, 1990 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR BLAIR WELCOMED ALL IN ATTENDANCE TO THE FIRST CITY COUNCIL MEETING IN THE NEW CITY HALL. MAYOR BLAIR RECOGNIZED THE FOLLOWING DIGNITARIES: Former Mayors of the City of Farmers Branch George Grimmer Bill Binford Vol. 57, Page 99 John Dodd Former Councilmembers of the City of Farmers Branch Bill Linn Fred Johnson Ken Quevreaux Bill Glancy Ray Flaherty Pat Haggerty Nancy Hardie MAYOR BLAIR ALSO RECOGNIZED THE FAMILIES OF THE PRESENT COUNCIL WHO WERE IN ATTENDANCE. A.2 CONSIDER ADOPTION OF RESOLUTION NO. 90-017 AUTHORIZING THE CITY MANAGER TO ACCEPT DONATION OF A 1915 STRUCTURE TO BE USED AS THE MULTIPURPOSE BUILDING IN THE HISTORICAL PARK. Mayor Blair presented the following information for consideration. The Historical and Restoration Board is recommending approval of donation of a 1915 structure owned by Mr. & Mrs. Dennis Thomas of Garland, Texas. Currently the structure is located near Ladonia, Texas. The structure is to be used as the Multipurpose Building in the Historical Park. The structure will be used as a Multipurpose Building to house the public restrooms as well as the electrical distribution system for the Historical Park. The budgeted amount for this project is $97,900. On June 20, 1989 the Historical Preservation and Restoration Board voted to recommend approving acquisition of the structure and the Architect concurs. The City Manager will accept the donation of the 1915 structure within 5 days after the execution of a construction manager's contract. The Historical Preservation and Restoration Board and Staff recommend adoption of Resolution No. 90-017. A motion by Mayor Pro Tem Binford, a second by Councilman Moses, all voting "aye", adopted Resolution No. 90-017 authorizing the City Manager to accept donation of 1915 structure to be used as the Multipurpose Building in the Historical Park. A.3 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a five year employee service award to Steve Carpenter, Assistant City Manager. Vol. 57, Page-100 Mayor Blair presented a five year employee service award to George Romo of the Sanitation Division. Mayor Blair presented a five year employee service award to Texx Stewart of the Parks and Recreation Department. A.4 PRESENTATION OF BOARD APPLICATIONS There were no applications presented. B.1 - B.7 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 he consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Phelps, all the Consent A motion by all voting items. Mayor Pro Tem Binford, a second by Councilman voting "aye", added C.10, C.11, C.13 and D.4 to Agenda. Councilman Moses, a second by Councilman Pyle, "aye", approved the following Consent Agenda B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JANUARY 8, 1990. B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ASSORTED FENCING MATERIAL FOR THE PARKS AND RECREATION DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT. B.3 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR UNIFORMS FOR THE FIRE DEPARTMENT. B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR VALWOOD PARKWAY PHASE I MEDIAN BEAUTIFICATION. B.5 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR A SECURITY SYSTEM FOR CITY HALL. B.6 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR TELEMETRY AND AUTOMATION OF THE CITY'S WATER DISTRIBUTION SYSTEM. B.7 APPROVED SITE PLAN REQUEST OF PRENTISS PROPERTIES FOR AN OBSERVATION PLAZA AT THE DOUBLETREE HOTEL SITE LOCATED AT 1590 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 60 ZONING DISTRICT. Vol. 57, Page 101 1 C.10 APPROVED SITE PLAN REQUEST OF TODD MEIER TO AMEND AN APPROVED SITE PLAN FOR AN AUTOMOBILE DEALERSHIP WITHIN THE PLANNED DEVELOPMENT NO. 40 ZONING DISTRICT AT 4545 LBJ FREEWAY. C.11 ADOPTED RESOLUTION NO. 90-020 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO RODGER MEIER HOLDINGS' DEVELOPERS' CONTRACT FOR THE TRACT LOCATED AT WELCH ROAD AND LBJ FREEWAY TO PERMIT ONE OR MORE PORTIONS OF THE RODGER MEIER TRACT TO BE DEVELOPED SEPARATELY IN THE EVENT THAT OWNERSHIP IS SEPARATED OR DIVIDED WHILE THE DEVELOPERS' CONTRACT REMAINS IN FORCE AND EFFECT. C.13 ADOPTED RESOLUTION NO. 90-011 AUTHORIZING A RELEASE OF COVENANTS OF A DEVELOPER'S CONTRACT WITH BROOKHAVEN MEDICAL CENTER, INC., R. D. MEDICAL CORPORATION AND BROOKHAVEN MEDICAL PLAZA, INC. FOR BROOKHAVEN MEDICAL PLAZA AND AMENDING PLATS. D.4 ADOPTED RESOLUTION NO. 90-019 RATIFYING THE CUSTODIAL SERVICES CONTRACT WITH TECH-CLEAN, INC. FOR CITY FACILITIES FOR 1989-90. PER A CITIZEN'S REQUEST FROM THE AUDIENCE, MAYOR BLAIR PRESENTED THE FOLLOWING INFORMATION CONCERNING CONSENT AGENDA ITEM C.13. Mr. Thomas Allen Martin III, attorney with Smith & Underwood, representing the Metrocrest Hospital Authority, has formally requested a Release of Covenants be granted for their Developer's Contract. This Developer's contract was entered into on December 15, 1975 between the City and Brookhaven Medical Center, Inc., R. D. Medical Corporation, and Brookhaven Medical Plaza, Inc. The contract obligated the Authority to construct specific public infrastructure improvements such as streets, water lines, storm sewers and sanitary sewers. The Developer's Contract was amended two times, in 1977 and 1981. All of the required public improvements of the contract and subsequent addendums have been completed. The attached Release of Covenants releases the Contract, Addendums and Mechanic's Lien in their entirety. THERE BEING NO FURTHER QUESTIONS, THE NEXT ITEM ON THE AGENDA. C.1 CITY MANAGER REPORTS. MAYOR BLAIR PROCEEDED WITH Vol. 57, Page 102 City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER A REQUEST BY FINA OIL AND CHEMICAL CO. TO AMEND THE COMPREHENSIVE ZONING ORDINANCE SUCH THAT GASOLINE SERVICE STATION IS ADDED TO THE USE CHART IN LOCAL RETAIL-2 (LR-2) ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Fina Oil and Chemical Co. requests an amendment to the allowed uses in Local Retail-2 zoning districts by the addition of gasoline service station to the list of uses permitted in Local Retail-2 zoning districts. Currently, the comprehensive Zoning Ordinance allows gasoline service stations only in Commercial (C); Light Industrial (LI); Heavy Industrial (HI); and specified Planned Development (PD) zoning districts. Gasoline service stations require a specific use permit in all of the above zoning districts. Planning and zoning commission, by unanimous vote, recommends that the Comprehensive Ordinance be amended by the addition of gasoline service station as an allowed use requiring a specific use permit in Local Retail-2 zoning districts. Mayor Blair opened the public hearing and recognized Robert Lindly, representative of Fina Oil and Chemical Co. Mr. Lindly stated he was in agreement with the Planning and Zoning Commission's recommendation and was available for any further questions of Council. There being no one else wishing to speak, a motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", closed the public hearing. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", adopted the following captioned Ordinance No. 1864 approving the addition of gasoline service station as an allowed use requiring a specific use permit in Local Retail-2 zoning districts as recommended by the Planning and Zoning Commission. 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 AN ALLOWABLE USE WITHIN LOCAL RETAIL-2 (LR-2) ZONING DISTRICTS; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Vol. 57, Page 103 C.3 PUBLIC HEARING: CONSIDER REQUEST OF A.W. MCGINNAS FOR A SPECIFIC USE PERMIT FOR AN APPROXIMATELY SIXTY-EIGHT (68) SQUARE FOOT GENERAL BUSINESS SIGN WITHIN AN OFFICE ZONING DISTRICT AT 2877 LBJ FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A. W. McGinnas is requesting approval of a specific use permit in order to erect an approximately sixty-eight (68) square foot general business sign containing the company logos of "Quik Print" and "Hearing Aid Express" on the eastern exposure of the building located at 2877 LBJ Freeway. In accordance with Section 14-101 (d) of the Comprehensive Zoning Ordinance, a specific use permit is required for a general business sign in an office zoning district. The proposed sign complies with the 200 square foot maximum size, 50 foot maximum height limitation and is greater than 100 feet from a residential zoning district. The Planning and Zoning commission, recommends the specific use permit for sign at 2877 LBJ Freeway be approved as Mayor Blair opened the public hearing, wishing to speak, a motion by Councilm; by Mayor Pro Tem Binford, all voting public hearing. by unanimous vote, a general business submitted. There being no one an Phelps, a second "aye", closed the A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 1865 approving the specific use permit for a general business sign at 2877 LBJ Freeway as recommended by the Commission. 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 GENERAL BUSINESS SIGN IN AN OFFICE ZONING DISTRICT; BEING LOT 1 IN BLOCK 1 OF THE JACK GAY SUBDIVISION AND DESIGNATED AS 2877 LBJ FREEWAY; 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 EMERGENCY. C.4 PUBLIC HEARING: CONSIDER REQUEST OF DAVID L. BAKER TO AMEND THE PLANNED DEVELOPMENT NO. 4 (PD-4) ZONING DISTRICT LOCATED AT THE SOUTHEAST CORNER OF JOSEY LANE AND FYKE ROAD TO ALLOW INDOOR COMMERCIAL AMUSEMENT WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 57, Paqe 104 Mayor Blair presented the following information for consideration. The Planned Development No. 4 zoning district allows Local Retail-1 and Multi-Family-2 uses, neither of these use categories permit indoor commercial amusements. David L. Baker proposes to operate an indoor family amusement park which is oriented toward children between the ages of 2 and 10 years old in the abandoned Tom Thumb store located at 14524 Josey Lane #216 if the zoning amendment is approved. The Planning and Zoning Commission, by a 6-1 vote, recommends the Planned Development No. 4 zoning district be amended to allow indoor commercial amusement by specific use permit. Mayor Blair opened the public hearing and recognized David L. Baker, who explained the operations of the proposed "Clown Around". Mayor Blair recognized Lorraine Henderson, 2435 Havenhurst, who supported having the indoor amusement park in the area. Mayor Blair recognized Jerry Voth, 2743 Rollingdale, who stated he was concerned that this might open up to other kinds of indoor amusement that could create problems. Mayor Blair recognized Mrs. Phil Sizer, 14127 Tanglewood, who asked what type of food and drink would be served. Mr. Baker responded that it would be similar to an indoor theater; hot dogs, cokes, popcorn, pizza, cotton candy, ice cream. There being no one else wishing to speak, a motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", closed the public hearing. Discussion followed concerning adequate adult supervision and hours of operation. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned ordinance No. 1862 to amend the Planned Development no. 4 zoning district to allow indoor commercial amusement within the zoning district by specific use permit as recommended by the Commission. 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 "INDOOR COMMERCIAL AMUSEMENT" AS AN ALLOWABLE USE REQUIRING A SPECIFIC USE PERMIT WITHIN THE PLANNED DEVELOPMENT NO. 4(PD-4) ZONING DISTRICT; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING Vol. 57, Page 105 FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER REQUEST OF DAVID L. BAKER FOR A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT FACILITY AT 14524 JOSEY LANE #216 AND WITHIN THE PLANNED DEVELOPMENT NO. 4 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Due to time constraints, David L. Baker has made an application for a specific use permit for an indoor commercial amusement facility assuming that if the proposed amendment to the Planned Development No. 4 zoning district is approved, it will require a specific use permit. Mr. Baker proposes to operate an indoor family amusement park in the abandoned Tom Thumb store at 14524 Josey Lane #216. The amusement park will be oriented toward children between the ages of 2 and 10 years old. A parking variance and a sign variance were granted by the Zoning Board of Adjustment and the Building Code Board of Appeals, respectively, on January 9, 1990. The Planning and Zoning Commission by a 4 to 3 vote, recommends the specific use permit be approved with the following conditions: 1. That approval of the specific use permit for an indoor commercial amusement facility be limited exclusively to a family indoor amusement park. 2. That no substantial alteration to the approved interior floor plan be permitted. 3. That necessary repairs be made to the parking surface prior to the issuance of a Certificate of Occupancy. 4. That the parking areas be striped in accordance with the approved site plan prior to the issuance of a Certificate of Occupancy. Mayor Blair opened the public hearing and recognized Mrv Low, 5720 Forest Lane, who is the landlord of the building. Mr. Low agreed to all of the requests of the Planning and Zoning Commission and in addition, has agreed to adding a sprinkler system, sidewalks and irrigated landscaping. Mayor Blair recognized Lorraine Henderson, 2435 Havenhurst, who stated she had past experience with Mr. Low and felt sure he would follow through on what he had stated he would do. Vol. 57, Page 106 There being no else wishing to speak, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair stated that at study session an addition to Section 2 was requested by Council as follows: "designed for and used predominantly by children under 12 years of age." Council discussion followed regarding the Council's concern for the indoor family amusement park to remain as outlined by Mr. Baker with the limited use of video games as this would help to deter the teenagers from loitering at the amusement park. Council agreed on the following addition to Section 3, Item C of the proposed Ordinance No. 1863: "and further provided that the floor area used as amusement devices or video games shall not exceed the square feet of floor area identified as games or arcade on Exhibit B." Mr. Baker agreed to work with the City Staff to get the designated square feet from Exhibit B. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", approved the two amendments to the Ordinance as stated above. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", adopted the following captioned Ordinance No. 1863 granting a specific use permit for an indoor commercial amusement facility at 14524 Josey Lane #216 with the conditions recommended by the Planning and Zoning Commission and the two amendments by the City Council. 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 AN INDOOR COMMERCIAL AMUSEMENT FACILITY IN THE PLANNED DEVELOPMENT NO. 4 (PD-4) ZONING DISTRICT AT 14524 JOSEY LANE #216; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.6 PUBLIC HEARING: CONSIDER REQUEST OF MICHAEL GREGORY FOR APPROVAL OF A SPECIFIC USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF HEAVY CONSTRUCTION EQUIPMENT LOCATED AT 1641 KEENAN BRIDGE ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 57, Page 107 Mayor Blair presented the following information for consideration. Mr. Gregory presently operates an office for his excavation business from the existing building at 1641 Keenan Bridge Road. He would like to expand use of the property in order that trucks and equipment may be stored on-site. Approximately 50,000 square feet (about 70%) of the 1.6 acre site would be used for outdoor storage purposes. The proposed storage area is located behind the existing office building and is fully enclosed with a chain link fence. The City Attorney has provided a legal opinion regarding the placement of time limitations on specific use permits as requested by the Planning and Zoning Commission. The Zoning Board of adjustment granted Mr. Gregory a variance which would allow the use of a gravel surface in lieu of pavement for the storage area. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for outside storage of heavy construction equipment be approved with the following conditions. 1. That the specific use permit be limited to 5 years in duration. 2. That the City shall notify the owner of the forthcoming expiration of the S.U.P. no less than 120 days prior to its expiration date. The City Staff recommends the request the Council desire to employ specific use constraints, Staff requests direction amendment to the Comprehensive Zoning establishes interim uses and contains provide the City maximum enforcement terminating such uses. be denied. Should permits with time to pursue an ordinance which provisions that capabilities for Mayor Blair opened the public hearing and recognized Michael Gregory, representing the property at 1641 Keenan Bridge Road. Mr. Gregory stated the improvements he had made to the business property and requested to be allowed to park heavy equipment on the property. Mayor Blair recognized Lorraine Henderson, 2435 Havenhurst, who had concerns about possible long term storage of equipment, heavy equipment deteriorating the roads, and possible pollution by oil and drainage. There being no one else wishing to speak, a motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", closed the public hearing. Vol. 57, Page 108 Mayor Blair addressed Mr. Gregory explaining the City Staff, City Attorney, and City Council do not have a problem with Mr. Gregory's operation. It is acceptable and wanted in that area. Mayor Blair stated the problem is the specific length of time and how it can be implemented. Mayor Blair recognized City Manager Richard Escalante who explained further. Mr. Escalante stated that the request for a Specific Use Permit to expire in five years involves unresolved legal issues as to the enforceablility of time limitations under the current ordinance. A more acceptable way would be to amend the Comprehensive Zoning ordinance to specifically recognize interim uses and some type of phasing out of the uses. Mr. Escalante stated this would allow the approval for Mr. Gregory's request and also protect the area for future redevelopment. Mr. Escalante said staff could be directed to. produce an ordinance to make this an interim use. The process would take approximately 60 days and Staff would file the petitions. Mr. Gregory agreed to the 60 day delay to allow amending the zoning ordinance to provide for interim land uses. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", denied the Specific Use Permit without prejudice and directed Staff to begin procedures required to amend the zoning ordinance to provide for interim land uses. C.7 PUBLIC HEARING: CONSIDER REQUEST OF MICHAEL GREGORY FOR APPROVAL OF A SPECIFIC USE PERMIT TO ALLOW GENERAL REPAIRS OF CONSTRUCTION EQUIPMENT LOCATED AT 1641 KEENAN BRIDGE ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mr. Gregory presently operates an office for his excavation business from the existing building at 1641 Keenan Bridge Road. He would like to expand use of the site in order that maintenance and repairs to trucks and equipment can be performed on-site. Mr. Gregory intends to erect a masonry, roofed structure, open to the south and west, at the far north end (rear) of the property to house repair operations. A SUP is required in PD-22 for general repair uses. The City Attorney has provided a legal opinion regarding the placement of time limitations on specific use permits as requested by the Planning and Zoning Commission. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for general repairs of construction equipment be approved with the following conditions: Vol. 57, Page 109 1. That the specific use permit be limited to 5 years in duration. 2. That the City shall notify the owner of the forthcoming expiration of the S.U.P. no less than 120 days prior to its expiration date. The City Staff recommends the request be denied. Should the Council desire to employ specific use permits with time constraints, Staff request direction to pursue an amendment to the Comprehensive Zoning ordinance which establishes interim uses and contains provisions that provide the City maximum enforcement capabilities for terminating such uses. Mayor Blair opened the public wishing to speak, a motion second by Councilmember Davis, public hearing. hearing. There being no one by Mayor Pro Tem Binford, a all voting "aye", closed the A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", denied the specific use permit without prejudice and directed the Staff to commence procedures required to amend the zoning ordinance to provide for interim land uses. C.8 CONSIDER THE RECOMMENDATION OF RTKL ASSOCIATES INC. RELATIVE TO PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE LBJ STUDY AREA AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. RTKL Associates Inc. has been retained to provide a professional third party evaluation of the City Staff proposals regarding development standards for the LBJ Study Area and to recommend any other option deemed appropriate for the area. John R. Gosling, AICP, a Principle and Vice President of RTKL Associates Inc. will make the presentation. Mr. Gosling presented the following recommendations to Council. Permit the same land uses allowed under the current zoning. (Low rise commercial district). The maximum F.A.R. of the study area should be 1:1, not including above grade parking. 1 The maximum building height should be limited to 4 stories beyond 150 linear feet of nearest residential property line, and limited to 2 stories beyond 100 linear feet of the nearest residential property line. Vol. 57, Page 110 Create a 25' wide landscape buffer along south side of existing Maybrook (and drainage easement west of Josey), densely planted with a mixture of evergreen and deciduous trees and shrubs for maximum screening and noise control. Its estimated cost of approximately $1,250,000 could be realistically supported by a benefit assessment district. The realignment of Maybrook/Villa Creek and its development as a buffer between the commercial and residential land uses is not cost effective. Its cost of approximately $6,125,000 cannot be supported by a realistic assessment in a benefit assessment district. (Funding gap of approximately $5,000,000). 71 Retain alignment of Maybrook/Villa Creek and implement intersection improvements such as turn lanes. Implement traffic diverter at RHD to prohibit "cut through" traffic trying to use west bound on ramp just east of Webb Chapel. Mayor Blair recognized James Shafer, Executive Director of RHD Medical Center, who opposed the recommendations. Mr. Shafer felt the general guidelines would hamper potential development of the RHD Campus. Mayor Blair recognized Fred Johnson, 12212 Ridgefair Place, who stated the RTKL recommendation was very encouraging and felt it was a reasonable compromise for commercial and residential homeowners. Mayor Blair clarified the maximum FAR (floor to area ratio) 1:1 as stated by RTKL was not including above ground parking. As Farmers Branch designates the FAR, it would actually be 1.3:1. Mayor Blair recognized John Dodd, 12920 Mitchwin, who agreed with the recommendation. Mayor Blair recognized City Manager Richard Escalante who reviewed the City Staff's proposal compared to the RTKL recommendation. Mayor Blair stated that RTKL was also requested to investigate the impact on the value of homes that the proposed commercial development would have. However, they could find no data available to justify such a study at this time and will continue to research for information. Mayor Pro Tem Binford requested a written summary report with exhibits to review. Vol. 57, Page 111 A motion was made by Mayor Pro Tem. Binford, a second by Mayor Blair, to postpone a decision until the next City Council meeting of February 5 to give ample time for final review of the newly presented recommendation and information. Discussion followed: Mayor Blair encouraged citizens, residential and commercial, to review and discuss the recommendation with City Staff or the Council. Councilman Phelps requested the Staff to take the recommendations and make a report as to how it applies to the Comprehensive Plan. City Manager Richard Escalante stated the Staff would begin work on how to develop into implementation some of the recommendations into the Comprehensive Plan. Councilmember Davis requested specific drawings from RTKL showing the proximity of the building locations to residences. There being no further discussion, all voted "aye", to postpone decision until the next Council meeting of February 5. C.9 PRESENT OBSERVATIONS AND REQUEST FOR DISCUSSION OF HOSPITAL PROPERTY ADJACENT TO RESIDENTIAL PROPERTIES AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item has been placed on the agenda at the request of Mr. Jorge Faz of 3216 Myra Lane. Mr. Faz made a presentation of concerns of potential health hazards he felt that are being created by the RHD incinerator. Mr. Faz stated a need for City Management, RHD, and the residents to work together towards a solution. Mayor Blair recognized Jim Shafer, Executive Director of RHD, who stated he would be glad to meet with Mr. Faz and a City representative to work on a solution. Mr. Shafer introduced Brian Atnip, Hazardous Waste Coordinator with Service Master Corporation, who inspects the RHD incinerator. Mr. Atnip stated it was in compliance withthe requirements of the State. He also said RHD is concerned with the community and is investigating other methods of waste disposal. Mayor Blair recognized Vernon Smith, 2715 Bay Meadow, who stated there was a culvert area by Boot Town where children were playing which could possibly contain infectious waste water from the hospital. He stated they were getting Vol. 57, Paqe 112 through by way of a broken down fence behind the apartment complex. He felt the City should request the apartment complex to repair the fence for the children's safety. Mayor Blair recognized Wayne Jones, 3404 Cloverdale, who requested the Council to consider legal action to force the situation be corrected as he felt it had caused upper respiratory illness in his family. Mayor Blair recognized Shane Jackson, 2834 Ermine Way, who expressed concerns regarding the safety of the RHD incinerator. Mayor Blair asked Mr. Faz if it would be acceptable for him to get together with Mr. Shafer of the RHD Hospital and Mr. Phelps, the Council's representative to the Dallas County Health Department to review this problem. Mr. Faz stated this would be a very acceptable start to the solution. C.10 Consent Item C.11 Consent Item C.12 CONSIDER ADOPTING PROPOSED ORDINANCE NO. 1868 WHICH REGULATES THE PARKING OF VEHICLES IN FRONT YARDS AND ON UNIMPROVED SURFACES IN RESIDENTIAL DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed ordinance has been developed in response to citizen concerns regarding neighborhood stability, appearance and the overall character of the city. It proposes standards which will serve to upgrade the City's residential neighborhoods yet minimize the burden placed on the average homeowner. Mayor Blair stated it is the Council's desire not to take any action on this item until the February 19 Council Meeting and after all of the neighborhood meetings have been held to obtain citizen input. Mayor Blair opposed the Mayor Blair in favor of A motion by all voting February 19 recognized Dan Dyess, 3740 Clubway Lane, who proposed ordinance. recognized Gene Secrest, 12220 Eunice, who was the proposed ordinance. Mayor Blair, a second by Mayor Pro Tem Binford, "aye", approved to continue this item on Council Meeting. C.13 Consent Item Vol. 57, Page 113 C.14 CONSIDER ADOPTING RESOLUTION NO. 90-012 ACCEPTING A DRAINAGE EASEMENT DEDICATED BY THE METROCREST HOSPITAL AUTHORITY WITH REGARD, TO KEYPORT/MORNINGSTAR DRAINAGE IMPROVEMENTS PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The construction of paving and drainage improvements to Keyport Drive and Morningstar Lane is part of the 1989-90 Drainage Bond Capital Improvement Program. The proposed improvements provide additional storm sewer inlets, laterals, and mains to reduce the existing drainage problems. The Metrocrest Hospital Authority has dedicated a 243 square floor drainage easement to facilitate connection of the proposed drainage system to an existing underground drainage system located in an easement on the Metrocrest Hospital Authority's property. The City Engineer recommends adoption of Resolution No. 90-012 authorizing acceptance of the Drainage Easement dedicated to the City by the Metrocrest Hospital Authority to accommodate the proposed drainage system. A motion by Mayor Pro Tem. Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 90-012 accepting the Drainage Easement dedicated by Metrocrest Hospital Authority. D.1 CONSIDER DRAWING OF LOT PURSUIT TO CITY CHARTER SECTION 7.01 AS AMENDED FOR PURPOSES OF IMPLEMENTING 3 YEAR COUNCIL TERMS AND TAKING APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Section 7.01 of the amended City.Charter provides for three year terms of the Mayor and members of the City Council with such three year terms to be phased-in beginning with the election in 1989 and concluding with the election in 1991. In order to accomplish the 1991 provision, one place was to be selected by lot for the 1989 election and two places to be selected for the 1990 election. At the time of selection for the one place for the 1989 election, only one place (Mayor's position) for the 1990 election was selected. It is necessary before calling the 1990 election to select by lot another place to serve a three year term. Mayor Blair held a drawing by lot which determined Place 2 will serve a 3 year term and Place 4 will serve a 2 year term. I D.2 CONSIDER ADOPTING RESOLUTION NO. EXECUTION OF A PROFESSIONAL SERVICE CRAWFORD FOR RESTORATION OF THE LOG APPROPRIATE ACTION. 90-018 AUTHORIZING CONTRACT WITH JAMES STRUCTURES AND TAKE Vol. 57, Page 114 Mayor Blair presented the following information for consideration. Restoration of the Log Structures is included in the 1989-90 CIP Budget for the Historical Park. Permission is requested to execute a Professional Services Contract with James Crawford to act as Construction Manager. Mr. Crawford has recently completed several projects for the Historical Park, and has done an excellent job. Upon completion, the log Structures will be used to interpret the history of the first settlers of Farmers Branch. The estimated Construction Manager's fee for the Log Structures is $14,186, restoration and construction costs are estimated at $127,700, with a total not to exceed $141,886. Funding for this project is approved in the 1989-90 CIP Budget in the amount of $120,800. Also included in the 1989-90 CIP Budget is a contingencies fund of $46,303. The Historical Preservation and Restoration Board and Staff recommend using $21,086 from the contingencies fund for the balance of the project. The Historical Preservation and Restoration Board and Staff recommend adopting Resolution No. 90-018 authorizing execution of a Professional Services Contract with James Crawford for restoration of the Log Structures. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 90-018 authorizing execution of a Professional Services Contract with James Crawford for restoration of the Log Structures. D.3 CONSIDER ADOPTING RESOLUTION NO. 90-010 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE YEAR ENDED SEPTEMBER 30, 1989 AS SUBMITTED BY DELOITTE & TOUCHE. Mayor Blair presented the following information for consideration. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 1989 has been completed by Deloitte & Touche and the City's financial statements were given a clean opinion. The Comprehensive Annual Financial Report and Report to Management have been submitted to Council. The City Staff recommends adopting Resolution No. 90-010 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1989. Vol. 57, Page 115 A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 90-010 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1989. D.4 Consent Item D.5 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 reported that he and Assistant City Manager Steve Carpenter had traveled to Austin for the Texas Water Commission meeting on the water rate case with the City of Dallas and he would give a report in the Executive Session. A motion by Councilman Pyle, a second by Councilmember Davis, all voting "aye", approved the travel of any interested Councilmembers to attend the National League of Cities Annual Congressional City Conference in Washington, D.C. on March 3-6, 1990. Councilman Pyle amended the motion to include approval of the City Manager's attendance, Councilmember Davis accepted the amendment, and all voted "aye", and the motion passed as amended. D.6 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 APPOINTMENTS OF A NEIGHBORHOOD CRIME WATCH COORDINATOR. A discussion was held relating to appointing a Neighborhood Crime Watch Coordinator. b. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE Vol. 57, Page 116 6252-17, SEC. 2(e) 1. DISCUSS THE WATER RATE CASE BETWEEN THE CITY OF FARMERS BRANCH AND THE CITY OF DALLAS. A discussion was held relating to the Water Rate Case. THE COUNCIL RECONVENED INTO GENERAL SESSION. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", appointed Scott Clark of 2731 Moonriver as the Neighborhood Crime Watch Coordinator. E.3 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that the City Manager gave an update report on the Water Rate Case with the City of Dallas. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of January 22, 1990 at 11:25 p.m. Mayor Dave Blair . CZ- : City Secretary Vol. 57, Page 117