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1994-02-22 CC Minutes~J u CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 22, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Deputy Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante John Burke John Boyle Ruth Ann Parish Donna Huerta Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Mike Nolan Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 65, Page 28 Mayor Blair called the City Council Meeting of February 22, 1994 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. A.2 PROCLAMATION PRESENTED PROCLAIMING MARCH 5 AND 6 AS EASTER SEAL TELETHON WEEKEND. Mayor Blair read a proclamation and proclaimed March 5th and 6th as Easter Seal Telethon Weekend and urged all citizens to support the telethon. A.3 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $2000 BY HOME INTERIORS & GIFTS, INC. TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Home Interiors & Gifts, Inc. has made a contribution of $2,000 to the Fire Department on behalf of the nearly 40,000 associates, employees, officers and directors. It represents their support and appreciation to the Fire Department for their service to the community. The donation will be used to purchase physical fitness equipment for the conditioning of personnel and to purchase equipment for PRE-fire planning. The Fire Chief recommends accepting the $2,000 donation from Home Interiors & Gifts, Inc. to be used to purchase physical fitness equipment for the conditioning of personnel and to purchase pre-fire planning equipment. Deputy Fire Chief presented Mayor Blair with the check and thanked both Home Interiors & Gifts and Dallas Semiconductor for their generous donations. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye accepted the $2,000 donation from Home Interiors & Gifts, Inc. to be used to purchase physical fitness equipment for the conditioning of personnel and to purchase pre-fire planning equipment. A.4 CONSIDER ACCEPTANCE OF DONATION OF PRE-FIRE PLANNING EQUIPMENT FROM DALLAS SEMICONDUCTOR TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Dallas Semiconductor presented the Farmers Branch Fire Department with a pre-fire planning computer software program and computer system to begin a pre-fire planning program for the department. Vol. 65, Page 29 A pre-fire planning program involves firefighters going to a building, gathering fire related information about the facility and the creation of documents that can be used if an emergency occurs. The Fire Department plans to use this donated equipment to prepare site drawings, fire protection equipment location drawings and other documents needed for an effective pre-fire planning program. The Fire Chief recommends accepting the pre-fire planning computer software equipment and computer system from Dallas Semiconductor. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye" accepted the donated pre-fire computer software equipment and computer system from Dallas Semiconductor. A.5 PRESENTATION OF BOARD APPLICATIONS. No one came forward. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Blair stated 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 established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 7, 1994. B.2 ADOPTED RESOLUTION NO. 94-018 TO ACCEPT A STREET EASEMENT FOR STREET IMPROVEMENTS DONATED BY PNS STORES, INC. (MAC FRUGAL'S) FOR THE JOSEY LANE IMPROVEMENTS PROJECT AT THE NORTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE. B.3 ADOPTED RESOLUTION NO. 94-011 AWARDING BIDS FOR ANNUAL REPLACEMENT OF SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT IN THE AMOUNT OF $18,211.98 TO THE THREE VENDORS NAMED IN THE RESOLUTION. I Vol. 65, Page 30 B.4 ADOPTED RESOLUTION NO. 94-014 AWARDING THE BID FOR THE REPLACEMENT OF PLUMBING FIXTURES IN THE JAIL FACILITY TO MAURICE REEVES & SON PLUMBING IN THE AMOUNT OF $15,681.08. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER A REQUEST BY MCDONALD'S CORPORATION TO GRANT A SPECIFIC USE PERMIT (SUP) FOR A NON-DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW, ON A 1.004 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND JOSEY LANE, AND WITHIN THE LOCAL RETAIL-1 (LR-1) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed McDonald's site is a one acre portion of the existing MacFrugals' parking lot located at the northwest corner of Josey Lane and Valley View Lane. McDonald's intends to plat the property to create a separate lot, purchase it, and erect a McDonald's fast food restaurant. The existing McDonald's restaurant at 13303 Josey Lane, approximately 220 feet north of the proposed site, is to be closed. The proposed restaurant will be approximately 3,160 square feet in area, seat 70 customers and have a drive-thru service window on its west side. The restaurant's exterior walls will be split face concrete block. A children's play structure, approximately 18 X 24 feet in area and 20 feet tall, is to be located along the restaurant's east side. Approximately 11 percent of the total site area will be landscaped. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved subject to the following conditions: 1. Permanent cross-access shall be maintained at all locations where driveways traverse abutting property lines. 2. Should City sanitation service for this property ever be contracted, the dumpster enclosure shall be reoriented or modified as necessary, subject to Staff approval, to ensure that safe and efficient sanitation service can be provided. Mayor Blair opened the public hearing. Vol. 65, Page 31 Mr. David Larson, Architect for McDonald's, was present to answer questions from the City Council. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", closed the public hearing. Mayor Pro Tem Davis stated she thought most McDonald's were constructed with brick and not split block. Mr. Larson stated McDonald's constructs their restaurants with both brick and split block. Mr. Larson stated he had submitted a sample of the split block to City staff. Mr. Scales stated they would bring in the sample for City Council to examine. Councilman Phelps asked if McDonald's was familiar with the conditions recommended by the Planning and Zoning Commission and if they had any objections to the conditions. Mr. Larson stated McDonald's was familiar with the conditions and had no objections to the conditions. Mr. Spicer, Director of Planning, presented the sample of split block for the City Council to examine. Mr. Jeff Fuller, Director of Parks and Recreation, stated his department had reviewed the landscape plans and they are compatible with landscaping planned to be installed in the area after the reconstruction of Josey Lane and Valley View Lane. Councilwoman Hardie thanked the McDonald's corporation for agreeing to increase the landscaping to 11 percent. Councilwoman Hardie stated the City of Farmers Branch has worked hard to improve this intersection for the businesses in this area. Mayor Pro Tem Davis asked what color the roof would be when constructed. Mr. Larson stated the shingles would be fiberglass and a deep gray-green color. Councilwoman Davis asked if the sketch of the play area was the exact playground that would be constructed. Mr. Larson stated the sketch was only a representation but would be very similar. Mayor Blair asked if the old building would be sold or just what would happen to the property. Mr. Larson stated it was his understanding it was under contract to a banking facility. Vol. 65, Page 32 The being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye" adopted the following captioned Ordinance No. 2109, approving the Specific Use Permit to allow a non drive-in restaurant at the northwest corner of Valley View Lane and Josey Lane with the conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW WITHIN THE LOCAL RETAIL-1 (LR-1) ZONING DISTRICT AND LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND JOSEY LANE ON A 1.004 ACRE TRACT OF LAND, PROVIDING FOR CONDITIONS OF OPERATION; 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; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Davis asked when the new restaurant might open. Mr. Larson stated it takes approximately 90 days to build the restaurant and they would first have to receive the building permit. Mr. Larson stated the new restaurant should be open by the summer of 1994. C.3 CONSIDER A REQUEST OF BLANCHE DILLON FOR A FORMAL DECISION REGARDING AN ORDINANCE THAT WOULD ESTABLISH REGULATIONS REQUIRING OWNERS OF OFFICE BUILDINGS TO PROVIDE A SMOKE FREE ENVIRONMENT WITHIN THEIR BUILDINGS UNDER CERTAIN CONDITIONS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Blanche Dillon, who leases office space at 13610 Midway Road in Farmers Branch, has requested that this item be placed on the City Council agenda. Ms. Dillon is requesting an ordinance be adopted with regulations as follows: If a tenant leases office space that has a shared air system with other tenants, and if tobacco smoke is found injurious to a tenants health with medical verification, then the landlord must provide a smoke free environment through a separate air system, or ban smoking in the building. Mayor Blair asked Ms. Dillon if she would like to address the City Council. Vol. 65, Page 33 Ms. Dillon stated she would just like to reinforce her request that a no smoking ordinance should be adopted. Mayor Blair stated City Council had discussed this subject as an item on a previous Study Session. Mayor Blair explained that at that meeting, the City Council had decided not to adopt an ordinance. Mayor Blair stated City Council had instructed City staff prepare a letter to business owners and managers requesting they voluntarily create a smoking policy for each building they own or manage. Mayor Blair read the letter to Ms. Dillon. Mayor Blair stated the subject of smoking was discussed at the Metroplex Mayor's Association meeting. Mayor Blair stated he has asked the City Manager and City staff to bring all smoking ordinances from other cities together to review. Mayor Blair stated the Metroplex Mayor's Association would like to incorporate all no smoking ordinances into one ordinance for the benefit of all cities. Mayor Blair stated the process of obtaining a comprehensive ordinance would be accomplished before Farmers Branch made a decision to adopt a no smoking ordinance. Ms. Dillon stated her doctor is ready to put her on disability because of the smoke in her building. Ms. Dillon stated she could not afford to go on disability. Ms. Dillon asked if there would be a decision tonight on a no smoking ordinance. Mayor Blair stated there would be no decision tonight. Mayor Blair asked Ms. Dillon for the name of her management company and he would personally contact them regarding the institution of a no smoking policy in her building. DA CONSIDER ADOPTING RESOLUTION NO. 94-016 AWARDING THE BID FOR CONTRACT MAINTENANCE OF THE COOKS CREEK DRAINAGE EASEMENT, MOTOROLA PROPERTY, GILLIS PROPERTY, VALLEY VIEW LANE WEST OF I-35, ROYAL LANE, AND THE HISTORICAL PARK TO HADDEN LANDSCAPING AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for contract maintenance of the Cooks Creek drainage easement, Motorola property, Gillis property, Valley View Lane west of I-35, Royal Lane, and the Historical Park were sent to eight landscape contractors. One bid packet was picked up. Three bids were returned, all meeting specifications, and six were not returned. The low bid meeting specifications was from Hadden Landscaping in the amount of $25,964. There is $29,000 budgeted for contract grounds maintenance. The Director of the Parks and Recreation Department recommends adopting Resolution No. 94-016 awarding the bid for contract maintenance to Hadden Landscaping in the amount of $25,964. Vol. 65, Page 34 There being no discussion, a motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 94-016 awarding the bid for contract maintenance to Hadden Landscaping in the amount of $25,964. D.2 CONSIDER ADOPTING RESOLUTION NO. 94-017 ACCEPTING THE BID OF $52,505.00 FOR THE SALE OF A 1986 CATERPILLAR TRACK LOADER AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for the sale of a 1986 Caterpillar track loader were sent to thirteen equipment dealers. Three dealers responded with bids and ten dealers chose not to bid. Bids were opened on February 4, 1994. The highest bid received was submitted by T-K-O Equipment Company of Irving, Texas in the amount of $52,505.00. Staff recommends adopting Resolution No. 94-017 awarding the bid for the sale of a 1986 Caterpillar track loader to T-K-0 Equipment in the amount of $52,505.00. There being no discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-017 awarding the bid for the sale of a 1986 Caterpillar track loader to T-K-O Equipment for the amount of $52,505.00. D.3 CONSIDER ADOPTING RESOLUTION NO. 94-020 AWARDING THE BID FOR INSTALLATION OF JAYCEE PARK ATHLETIC FIELD LIGHTING TO GROVES ELECTRICAL SERVICE, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Replacement of the existing lighting system at Jaycee Park is included in the 1993-94 Non-Bond Capital Improvement Project budget. Total budgeted for the project is $68,000. The project will replace the current system of incandescent lamps and wooden poles with state of the art fixtures, metal halide lamps, and concrete poles. The new system is designed to meet lighting standards as set by Little League, Inc. Bid request packets were sent to seven electrical contractors, and two additional packets were picked up. Three bids were returned, all meeting specifications. The low base bid meeting specifications was from Groves Electrical Service, Inc. in the amount of $58,447. Four alternates were included in the bid, staff recommends accepting alternate number 1, security light installation for $1,995. The total bid amount including alternate number 1, is $60,442. A consultant has been retained for this project, the consultant contract is not to exceed $7,000. The total project cost is estimated at $67,442. Vol. 65, Page 35 The Director of the Parks and Recreation Department recommends adopting Resolution No. 94-020 awarding the bid for installation of Jaycee Park Athletic Field Lighting to Groves Electrical Service, Inc. in the amount of $60,442. Councilman Phelps asked why a consultant had been retained for this project. Mr. Jeff Fuller, Director of Parks and Recreation, stated the consultant would plan and design the project and the electrical design would also be performed by the consultant. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-020 awarding the bid for installation of Jaycee Park Athletic Field Lighting for $60,442. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye approved travel to Austin for TML meetings for the City Manager and City staff in reference to any after school program issue. D.5 CITIZEN PARTICIPATION. Ms. Jan Garb, 2976 N. Sunbeck, stated she understood there would be a meeting tonight on the construction of Josey Lane in regard to residents living on Sunbeck. Mayor Blair stated the City Council heard from residents on Sunbeck in the Study Session at 4:30 this afternoon. Mayor Blair stated there was a lengthy discussion and City Council has asked City staff to obtain a detailed design of the project. Mayor Blair stated after City Council receives this design they will study the cost and difficulty of providing a left turn lane on the bridge. Ms. Garb asked if another meeting would be held after a decision had been made. Mayor Blair stated a neighborhood type meeting would be conducted with the residents on Sunbeck. MAYOR PRO TEM DAVIS WISHED HER PARENTS HAPPY 46TH ANNIVERSARY. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE 1DISCUSSION ON THE ITEMS BEGAN AT 7:01 P.M. WITH THE COUNCIL RECONVENING INTO GENERAL SESSION AT 7:17 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE Vol. 65, Page 36 SESSION, THE ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. 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. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENTS TO THE FARMERS BRANCH HISTORICAL AND PRESERVATION BOARD. 2. DISCUSS APPOINTMENT TO THE FARMERS BRANCH PARKS AND RECREATION BOARD. A discussion was held relative to appointments to alternate positions on the Farmers Branch Historical Preservation and Restoration Board, and, the Parks and Recreation Board. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS EASEMENT ACQUISITION RELATIVE TO THE RECONSTRUCTION OF JOSEY LANE AT 2904 VALLEY VIEW LANE. Mayor Blair stated that the City Staff discussed some right-of-way acquisition concerns at 2904 Valley View Lane. E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS CONTEMPLATED LITIGATION, ORDINANCE 2087 ASSESSMENT. Mayor Blair stated that City Attorney John Boyle discussed a matter with the City Council relative to Ordinance No. 2087, assessments of the eastside sewer, referencing to Luby's Cafeteria. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that appointments to the Farmers Branch Historical Preservation and Restoration Board and the Park and Recreation Board will be considered at the next meeting. C~ Vol. 65, Page 37 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for the action. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye authorized the City Staff to acquire the necessary easement needed from Mobil Oil Corporation at 2904 Valley View Lane for the Josey Lane reconstruction project in the amount of $2,331.50. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary on item discussed. F.1 ADJOURNMENT. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of February 22, 1994, at 8:21 P.M. Mayor City Secretary Vol. 65, Page 38