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1995-05-22 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 22, 1995 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Nancy Hardie Bill Moses Bob Phelps Calla Davis Ron Pyle The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of May 22, 1995 to order at 7:30 P.M.. The meeting was televised. Vol. 69, Page 17 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF INVITATION TO THE CITY COUNCIL AND CITIZENS TO ATTEND THE FOLKLORE FESTIVAL ON JUNE 3 & 4, 1995. Mayor Blair recognized John Land, President of the Farmers Branch Chamber of Commerce. Mr. John Land officially invited the City Council and citizens to attend the Folklore Festival on June 3rd and 4th. Mr. Land stated at the Folklore Festival this year they have added the International Center from Brookhaven. Mr. Land introduced Ms. Beverly Hind of Brookhaven College. Ms. Beverly Hind, Director of the International Center at Brookhaven College, stated over 100 countries are represented at Brookhaven College with 65 languages. Ms. Hind gave a brief agenda for the Folklore Festival involving the International students. Mayor Blair also encouraged all citizens to attend the Dallas Symphony Orchestra performance that will be held Saturday evening, June 3rd. A.3 PRESENTATION OF 1995 MAYOR'S SCHOLARSHIP AWARDS BY THE TOWN NORTH NATIONAL BANK. Mayor Blair stated Bob Butler, Senior Vice-President of the Town North National Bank wishes to present to the City Council the 1995 recipients of the Mayor's scholarship award. Mr. Butler thanked the City of Farmers Branch in support of the Mayor's Scholarship Award. Mr. Butler recognized Mr. John Burke, Assistant City Manager who had been involved in the selection of awards to R. L. Turner High School students to present the two students receiving the Mayor's scholarships. Mr. Burke introduced Iris Saldana with her parents, and Amelda Alvarado and her parents. Mr. Burke stated both girls are very deserving of this scholarship. A.4 COMMENTS OF APPRECIATION FROM JOAN HOLLAND, 3470 GOLFING GREEN DRIVE. Mayor Blair recognized Ms. Joan Holland of 3470 Golfing Green Drive. Ms. Holland wished to thank the City of Farmers Branch for participating in the Senior Post Prom Party. Ms. Holland thanked the many members of the Farmers Branch Recreation staff for the tremendous help they provided. Vol. 69, Page 18 A.5 PRESENTATION OF 150TH ANNIVERSARY CELEBRATION PLANS FOR THE WEBB CHAPEL METHODIST CHURCH BY REV. JOE SHAFER. Mayor Blair introduced the Reverend Joe D. Shafer, Pastor of the Webb Chapel United Methodist Church. Reverend Shafer invited City Council members to attend a very special 10:50 a. m. worship service on June 4th to celebrate the 150th anniversary of the Church. Reverend Shafer explained the Church will provide food and later will bury a time capsule which is to be opened on the 200th Anniversary of the Church. A.6 CONSIDER ACCEPTING DONATION TO THE HISTORICAL PARK FROM FARMERS BRANCH CIVIC LEAGUE, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair stated the Farmers Branch Civic League, Inc. hosts an Annual Ball for the purpose of raising funds to be distributed as grants. Historically a portion of the grants are issued to High School students for educational scholarships, and the remaining portions are issued to various organizations. This year the Civic League elected to grant $12,500 to the Historical Park to furnish the dining room in the Queen Anne Victorian Cottage. The Civic League has been generous to the Historical Park in the past, with donations in 1990 to help establish and furnish the Log Culture Area in the park. The Director of the Parks and Recreation Department recommends accepting the donation to the Historical Park from the Farmers Branch Civic League, Inc. Ms. Helen Bridgeforth, representing the Civic League, presented a check in the amount of $12,500.00 to Mrs. Laverne Gilbert, Chairwoman of the Historical Preservation and Restoration Board to furnish the dining room in the Queen Anne Victorian Cottage. There being no further discussion, a motion by Councilwoman Davis, a second by Mayor Pro Tem Hardie, all voting "aye", accepted the donation in the amount of $12,500.00 to the Historical Park from the Farmers Branch Civic League, Inc. A.7 CONSIDER ACCEPTING SECOND QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Historical Preservation and Restoration Board has approved several donations to be added to the inventory. Laverne Gilbert, Chairwoman of the Historical Preservation and Restoration Board, presented the following for Council's approval. Vol. 69, Page 19 An extensive assortment of 1860-1900 textiles and clothing, from Mr. & Mrs. Donald Curtis Owen, Dallas. A 1979 Historical Landmark Preservation committee file, from Mrs. Alice Ellett, Farmers Branch. Several turn-of-the-century railroad tracks and ties, from Harry Nichols, Dallas. An 1865 edition of Peterson Fashion Magazine, from Mr. & Mrs. Bruce Blatt, Farmers Branch. The Director of the Parks and Recreation Department recommends accepting the second quarter donations to the Historical Park. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", accepted donations to the Historical Park as listed by Mrs. Gilbert. A.8 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Robin Edwards of the Parks and Recreation Department. Mayor Blair presented a ten year employee service award to Jeff Harting of the Parks and Recreation Department. Mayor Blair presented a ten year employee service award to Beena Jacob of the Engineering Department. Mayor Blair presented a ten year employee service award to Eric Curtis of the Public Works Department. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.10 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. Vol. 69, Page 20 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.8. 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 Hardie, a second by Councilman Pyle, all voting "aye", added items D.1 and D.2 to the consent agenda. A motion by Mayor Pro Tem Hardie, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 8, 1995. B.2 AUTHORIZED THE CITY MANAGER TO EXECUTE RELEASE OF LIABILITY FORMS WITH: THE DOUBLETREE HOTEL PARK WEST, HWCC DEVELOPMENT, TRT DEVELOPMENT, PARK WEST- FAIRVIEW ASSOCIATES, PARK WEST C-1 ASSOCIATES AND PRENTISS PROPERTIES LIMITED, INC. FOR USE OF THEIR PROPERTY FOR THE 4TH OF JULY SPECTACULAR EVENT TO BE HELD ON SUNDAY, JULY 2, 1995. B.3 ADOPTED RESOLUTION NO. 95-060 REPLACING RESOLUTION NO. 90-074 GOVERNING THE SENIOR ADVISORY COUNCIL. B.4 ADOPTED RESOLUTION NO. 95-067 RECOMMENDING TIMELY APPROVAL AND FUNDING OF THE NATIONAL HIGHWAY SYSTEM BY THE U.S. CONGRESS. B.5 ADOPTED RESOLUTION NO. 95-068 SUPPORTING REMOVAL OF TRANSPORTATION TRUST FUNDS FROM THE FEDERAL BUDGET. B.6 ADOPTED RESOLUTION NO. 95-070 AUTHORIZING CHANGE ORDER NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT WITH JAMES CRAWFORD FOR THE INTERIOR RESTORATION OF THE QUEEN ANNE VICTORIAN COTTAGE IN AN AMOUNT NOT TO EXCEED $4,825.70. B.7 ADOPTED RESOLUTION NO. 95-072 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH Vol. 69, Page 21 SCIENCES, INC. FOR CONTINUATION OF ENVIRONMENTAL SERVICES AT FIRE STATION NO. 1 IN AN AMOUNT NOT TO EXCEED $4,444. B.8 ADOPTED RESOLUTION NO. 95-065 AWARDING THE BID FOR CONTAINER REPAIR TO DFW CONTAINERS SERVICES, PLANO, TEXAS, IN AN AMOUNT NOT TO EXCEED $21,450.00. D.1 ADOPTED RESOLUTION NO. 95-066 AUTHORIZING THE SUBMISSION OF A HOUSING REHABILITATION APPLICATION TO DALLAS COUNTY FOR THE 1995 FUNDING CYCLE OF THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. D.2 ADOPTED RESOLUTION NO. 95-064 AWARDING A BID TO TRI-PRO SERVICES, INC. FOR ABATEMENT OF ASBESTOS IN THE MOTOROLA BUILDING IN AN AMOUNT NOT TO EXCEED $19,487.00. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PARAGON GROUP PROPERTY SERVICES, INC., ON BEHALF OF FREEMONT FUNDING A DELAWARE CORPORATION TO GRANT A SPECIFIC USE PERMIT FOR A PAPER SORTING AND BAILING FACILITY FOR PAPER RECYCLING TO BE LOCATED ON THE WEST SIDE OF SENLAC DR. APPROXIMATELY 1,350 FEET SOUTH OF VALWOOD PARKWAY, AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A specific use permit is required for a paper sorting and bailing facility for paper recycling within the PD-22 zoning district. Paragon Group wants to build an approximate 126,000 square foot in area office, warehouse and distribution facility on Senlac Drive. The proposed site is a 6.41 acre vacant tract which abuts the north side of the Mary Kay distribution facility located at 13835 Senlac Drive. The building will accommodate two tenants. Balcones Recycling intends to occupy 96,400 square feet of the proposed facility for their paper sorting and bailing operation. The remaining 30,400 square feet does not have a specific tenant, but will be leased for office/warehouse use. The proposed building will be constructed of white and light gray tilt-up concrete panels. Approximately 6 percent of the site will be landscaped. Vol. 69, Page 22 The Planning and Zoning Commission, by a 5 to 1 vote, recommends the Specific Use Permit and associated site plan be approved with the following conditions: 1. No outside paper collection bins permitted on the property. 2. The general public shall not be allowed to drop off paper products at the facility. 3. All sorting and bailing of paper to take place specifically within the building. 4. No outside storage is permitted. 5. Parking of delivery trucks on Senlac Drive is prohibited. 6. Six (6) foot tall red tip photinias shall be planted along the north and south property lines providing a continuous screening hedge. 7. Evergreen trees, of a type approved by City Staff, ten (10) foot tall, spaced 15 feet on center, be planted along the north and south property lines augmenting the photinia screening hedge. Mayor Blair opened the public hearing. Mr. Hardy McCullough, Architect for the applicant, 12221 Merrit Dr., Suite 210 came forward. Mr. McCullough gave a brief presentation on the project and showed a site plan of the proposed development. Mr. McCullough stated the applicant has no problem with the conditions recommended by the Planning and Zoning Commission. Mr. McCullough showed elevations of the building and the panels to be used on the building. Mr. McCullough stated this business will be self-contained. Mr. Charlie Byrd, of Farmers Branch, stated he was very much in favor of this request. Mr. Byrd stated he knew the owners of Balcones who live in Farmers Branch. Mr. Byrd stated this is a wonderful business and would be a great opportunity for school children to visit this type of business. There being no other discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance Number 2178 approving the Specific Use Permit 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 PAPER SORTING AND BAILING FACILITY FOR PAPER RECYCLING ON A 6.41 ACRE TRACT OF LAND LOCATED ON THE WEST SIDE OF SENLAC DRIVE, APPROXIMATELY 1,350 FEET SOUTH OF VALWOOD PARKWAY, Vol. 69, Page 23 AND WITHIN THE PLANNED DEVELOPMENT NUMBER TWENTY TWO ZONING DISTRICT (PD-22); 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.3 PUBLIC HEARING: CONSIDER THE REQUEST BY NEXTEL OF TEXAS TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW THE ERECTION OF A TELECOMMUNICATIONS TOWER, ONE HUNDRED AND SIXTY FIVE (165) FEET IN HEIGHT AND AN EQUIPMENT BUILDING TWO HUNDRED (200) SQUARE FEET IN AREA TO BE LOCATED AT THE SOUTHWEST CORNER OF THE DALLAS CHRISTIAN COLLEGE CAMPUS AT 2700 CHRISTIAN PARKWAY IN THE RESIDENTIAL-4 (R-4) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie stated she had a conflict of interest with this item and has filed the proper form with the City Secretary. Mayor Pro Tem Hardie left the Council Chambers. Mayor Blair opened the public hearing by presenting the following information for consideration. Nextel of Texas wants to erect a telecommunications tower at 2700 Christian Parkway on the Dallas Christian College Campus located approximately three hundred and seventy (370) feet east of Ford Road. Nextel of Texas intends to lease 2500 square feet of the College property, near its southwest corner, where the proposed tower and equipment building would be placed. A prefabricated building, 200 square feet in area, housing telecommunications equipment will be located at the base of the tower. The building will be 10 feet tall and comprised of exposed aggregate concrete walls. An 8 foot tall wood screening fence will be placed around the perimeter of the proposed lease space. The tower is 151 feet tall and comprised of a galvanized metal pole capped with a triangular-shaped metal platform with whip antennas. The platform measures 12 feet along each of its three sides and approximately 4 feet, 4 inches in height. The whip antennas attached to the platform extend an additional 9 feet 6 inches in height. Maximum height of the total structure will not exceed 165 feet. A recommendation is required from the Planning and Zoning Commission before the City Council takes action on any amendment, supplement, or change to the Zoning Ordinance. The Planning and Zoning Commission conducted a public hearing to consider this item on May 15, 1995. The Commission continued consideration of the request until Vol. 69, Page 24 May 30, 1995 to allow additional time to address the concerns expressed by property owners within the area. The Staff recommends the City Council continue the public hearing until June 5, 1995. There being no discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", continued the public hearing until the City Council's next regular meeting, June 5, 1995. Mayor Pro Tem Hardie returned to the Council Chambers. C.4 CONSIDER THE REQUEST OF KEN MITCHELL, ON BEHALF OF MAIN STREET CONCEPTS, LTD., COMPANY, FOR CONCEPTUAL SITE PLAN APPROVAL FOR A RETAIL CENTER, BANK FACILITY, GASOLINE SERVICE STATION, AND A RESTAURANT AT THE SOUTHWEST CORNER OF BELTLINE ROAD AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Main Street Concepts is requesting conceptual site plan approval for the 5.414 acre tract located at the southwest corner of Beltline Road and Marsh Lane. The Concept Plan includes three phases of development. Phase 1 includes a fully automated gasoline service station and a 3,786 square foot non drive-in restaurant with an outside sales window. Phase 2 will include a drive thru bank, approximately 4,000 square feet in area, and Phase 3 will include a strip retail facility, approximately 29,250 square feet in area. Specific use permits for the proposed uses within Phase 1, including a detailed site plan, are being requested subsequent to this request. There is no schedule for development of Phase 2 and Phase 3 at this time. Prior to any future development for Phase 2 or Phase 3 a detailed site plan must be approved by the City Council. The Planning and Zoning Commission, by unanimous vote, recommends the concept plan be approved as submitted. Mr. Ken Mitchell, representing the applicant, stated he was present to answer questions of the City Council. Councilwoman Davis asked if there would be attendants- at the gas station. Vol. 69, Page 25 Mr. Mitchell stated there would be no attendants at the gas station. Mr. Mitchell stated customers pay at the pumps with credit cards or inserting cash ($5, $10 or $20) in a machine. Councilwoman Davis asked how the property would be maintained. Mr. Mitchell stated someone from the food court would be responsible for the gasoline service area. There being no further discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 95-058 approving a concept plan for a retail center, bank facility, gasoline service station, and a restaurant at the southwest corner of Beltline Road and Marsh Lane as submitted. C.5 PUBLIC HEARING: CONSIDER THE REQUEST OF KEN MITCHELL, ON BEHALF OF MAIN STREET CONCEPTS, LTD., COMPANY, TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH AN OUTSIDE SALES WINDOW TO BE LOCATED 3650 BELTLINE ROAD WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Main Street Concepts wants to operate a food court, on a 0.93 acre tract of land at the southwest corner of Marsh Lane and Beltline Road. The Food Court concept will house food vendors within a 3,786 square foot building. Three tenants are currently planned with seating for 78 customers and a drive-thru window located at the southeast corner of the building. The Food Court will be operated in conjunction with a gasoline service station. A site plan has been submitted showing the building location, ingress and egress, signage, and landscaping. Approximately 19% of the site will be landscaped. Two pole signs are proposed advertising the food court and service station. Both signs are 120 square feet in area and 28 feet tall. One will be located along Belt Line Road and one along Marsh Lane. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved as submitted. Mayor Blair opened the public hearing. Mr. Mitchell stated they are working with several different food companies to open in the food court and hope to finalize the negotiations soon. r' Vol. 69, Page 26 There being no other discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Councilman Pyle asked where is the closest type of operation of this type located. Mr. Mitchell stated at the northwest corner of Trinity Mills and the Tollway is a similar operation and another at Oaklawn and Lemmon. There being no further discussion, a motion by Mayor Pro Tern Hardie, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2179 granting a Specific Use Permit for a non drive-in restaurant with an outside sales window 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; BY GRANTING A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW LOCATED AT THE SOUTHWEST CORNER OF MARSH LANE AND BELTLINE ROAD AND COMMONLY KNOWN AS 3650 BELTLINE ROAD AND BEING LOCATED IN THE PLANNED DEVELOPMENT NUMBER 23 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; 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. C.6 PUBLIC HEARING: CONSIDER THE REQUEST OF KEN MITCHELL, ON BEHALF OF MAIN STREET CONCEPTS, LTD., COMPANY, TO GRANT A SPECIFIC USE PERMIT FOR A FULLY AUTOMATED GASOLINE SERVICE STATION AT 3650 BELTLINE ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Main Street Concepts wants to construct a Chevron gasoline service station on the 0.93 acre tract located at the southwest corner of Beltline Road and Marsh Lane. The service station will be comprised of four (4) single pump islands and a canopy. It will be fully automated, requiring no on-site personnel. The applicant is also requesting subsequent approval for an SUP to permit a food court at this same location. A manager within the food court will be responsible for the entire site during the food court's operating hours. Vol. 69, Page 27 A site plan has been submitted showing the building location, ingress and egress, signage, and landscaping. Approximately 19% of the site will be landscaped. Two pole signs are proposed advertising the food court and service station. Both signs are 120 square feet in area and 28 feet tall. One will be located along Belt Line road and one along Marsh Lane. The Planning Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved as submitted. Mayor Blair opened the public hearing. Mr. Mitchell stated he was present to answer questions of the City Council. There being no other discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Councilman Phelps asked what the hours of operation would be for these businesses. Mr. Mitchell stated they will probably serve breakfast starting from 5:00 a.m. to 6:00 a.m. and closing time would be between 11:00 p.m. and midnight. Mr. Mitchell explained there is emergency transmitting devices if any problems arise with the equipment at the gas station. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2180 granting approval of the Specific Use Permit for a fully automated gasoline service station 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; BY GRANTING A SPECIFIC USE PERMIT FOR A FULLY AUTOMATED GASOLINE SERVICE STATION LOCATED AT THE SOUTHWEST CORNER OF MARSH LANE AND BELTLINE ROAD AND MORE COMMONLY KNOWN AS 3650 BELTLINE ROAD AN BEING LOCATED WITHIN PLANNED DEVELOPMENT NO. 23 (PD-23); PROVIDING A SAVINGS CLAUSE; 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. Mayor Blair asked when construction would start. Vol. 69, Page 28 Mr. Mitchell stated within 45 days construction should begin and be completed within 90 days after that. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 95-069 AWARDING A BID TO SUN COMMERCIAL ROOFS, INC. FOR RE-ROOFING OF THE MOTOROLA BUILDING, FIRE STATION NO. 2, AND WICKER STREET PUMP STATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for re-roofing of the Motorola Building, Fire Station No. 2, and Wicker Street Pump Station were sent to 13 vendors, and six vendors picked up bid packets. Eight bids were received; one did not meet specifications. The low bid meeting specifications for the re-roofing projects was Sun Commercial Roofs, Inc. in the amount of $103,500. There is $120,000 budgeted in the 1994-95 Non-Bond Capital Improvement Fund for the re-roofing of the Motorola Building and Fire Station No. 2, and $10,000 in the Public Works Department 1994-95 operating budget for Wicker Street Pump Station, for a total of $130,000 for the three projects. The Director of the Parks and Recreation Department recommends adopting Resolution No. 95-069 awarding the bid to Sun Commercial Roofs, Inc. for re- roofing of the Motorola Building, Fire Station No. 2, and Wicker Street Pump Station in the amount of $103,500. There being no discussion, a motion by Councilwoman Davis, a second by Mayor Pro Tem Hardie, all voting "aye", adopted resolution No. 95-069 awarding the bid to Sun Commercial Roofs, Inc. for re-roofing of the Motorola Building, Fire Station No. 2, and Wicker Street Pump Station in the amount of $103,500. D.4 CONSIDER RESOLUTION NO. 95-071 AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH ATEC ASSOCIATES, INC EXTENDING PROFESSIONAL SERVICES FOR CONSTRUCTION OVER- SIGHT OF THE SANITARY SEWER REPLACEMENT AND REMEDIATION OF CONTAMINATED AREAS IN THE CITY'S RIGHT-OF-WAY AND TAKE APPROPRIATE ACTION. Vol. 69, Page 29 Mayor Blair presented the following information for consideration. Gasoline leaking from an underground fuel tank on property owned by Sysco Food Service of Dallas, Inc., 14330 Gillis Road, has migrated into Gillis Road right-of-way. Gasoline and gasoline vapors were detected in the City's sanitary sewer and in the soil surrounding the sanitary sewer line. In order to remove the potentially hazardous situation, the City Council approved an agreement on March 20, 1995 that authorized Sysco to remediate the contamination including replacement of the sanitary sewer line. Sysco's contractor has begun the remediation including replacement of the sanitary sewer line. On March 20, 1995, the City Council also authorized the execution of a professional services agreement with an environmental engineering firm to provide construction oversight services on the work being performed by Sysco's contractor within City right-of-way. The agreement was executed with ATEC Associates, Inc., to provide professional services, on an hourly rate basis, in an amount not to exceed $28,900. The contract amount was based on a construction schedule of four weeks. The work started April 6, 1995. Sysco's contractor is taking substantially more time than expected to perform the remediation work including replacement of the sanitary sewer line. It is conceivable that the remediation work will not be completed until late June or early July. An amendment to City's agreement with ATEC is needed so that ATEC can continue to oversee the work being performed by Sysco's contractor. The amendment increases the not to exceed fee from $28,900 to $75,900 and extends the professional services through July 10, 1995. The City will pursue reimbursement from Sysco for all expenses that the City is incurring from the contamination. The City staff recommends adoption of Resolution No. 95-071 executing an amendment to the agreement with ATEC Associates, Inc. extending professional services on behalf of the City of Farmers Branch for construction oversight of the sanitary sewer replacement and remediation of contaminated areas located in the City's right-of-way in an amount not to exceed $75,900. There being no discussion, a motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 95-071 executing an amendment to the agreement with ATEC Associates, Inc. extending professional services on behalf of the City of Farmers Branch for construction oversight of the sanitary sewer replacement and remediation of contaminated areas located in the City's right-of-way in an amount not to exceed $75,900. D.5 CONSIDER ADOPTING RESOLUTION NO. 95-073 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES, INC. FOR CONTINUATION OF ENVIRONMENTAL SERVICES AT THE SENLAC SERVICE CENTER IN AN AMOUNT NOT TO EXCEED $34,017 AND TAKE APPROPRIATE ACTION. Vol. 69, Page 30 Mayor Blair presented the following information for consideration. A subsurface remediation plan was prepared by Applied Earth Sciences, Inc. to reduce groundwater and soil contamination associated with leaking underground storage tanks at the Senlac Service Center. Remediation activities must continue until state regulated clean-up levels are reached. The services of an environmental consultant are necessary to operate and maintain the subsurface remediation system and monitor, sample and report on the systems progress. The environmental consulting firm of Applied Earth Sciences, Inc. has submitted a proposal to continue environmental services for one year. The cost for environmental services is based on time and materials in an amount not to exceed $34,017. Funds are available within the 1994-95 Non-Bond Capital Improvement Program budget. These expenses are eligible for reimbursement under the Texas Petroleum Storage Tank Remediation Fund, however actual reimbursement will likely be delayed for several years. The City Staff recommends Resolution No. 95-073 be adopted authorizing the City Manager to enter into an agreement with Applied Earth Sciences, Inc. for continuation of environmental services at the Senlac Service Center in an amount not to exceed $34,017. There being no discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 95-073 authorizing the City Manager to enter into an agreement with Applied Earth Sciences, Inc. for continuation of environmental services at the Senlac Service Center in an amount not to exceed $34,017. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", approved travel to the International Sister City Conference in Indianapolis from July 25-29th for any member of the City Council and the Sister City Coordinator. D.7 CITIZEN PARTICIPATION. No one came forward. 0 Vol. 69, Page 31 MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE E.la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO ALTERNATE POSITION TO THE PLANNING AND ZONING COMMISSION. 2. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. DISCUSSION ON THE ITEMS BEGAN AT 6:40 P.M. AND CONCLUDED AT 6:54 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WERE RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE, CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN EXECUTIVE SESSION. Mayor Blair and members of the City Council discussed appointments to the Planning and Zoning Commission, and, the Zoning Board of Adjustment and Building Code Board of Appeals. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE LAND ACQUISITION OF A TRACT OF LAND LOCATED AT 3678 BROOKHAVEN CLUB DRIVE. Assistant City Manager John Burke presented a status report of the negotiations for the necessary right-of-way needed at 3678 Brookhaven Club Drive. A motion by Councilwoman Davis, a second by Mayor Pro Tem Hardie, all voting "aye", to complete the land acquisition at 3678 Brookhaven Club Drive. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for action on discussion in the Executive Session. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", appointed Charles Bird to serve Place 5 on the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire December 1, 1996. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for action on discussion in the Executive Session. Vol. 69, Page 32 A motion by Councilwoman Davis, a second by Mayor Pro Tern Hardie, all voting "aye", authorized the City staff to complete the land acquisition at 3678 Brookhaven Club Drive. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of May 22, 1995, at 9:01 P.M. Mayor City S a~ City Secretary 1 n L Vol. 69, Page 33