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1995-08-07 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 7, 1995 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Dave Blair Nancy Hardie Bob Phelps Calla Davis Ron Pyle The following member of the City Council was absent: Councilman Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 69, Page 80 Mayor Blair called the City Council Meeting of August 7, 1995 to order at 7:49 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Pyle gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair announced that a bronze statue was placed in the library in memory of Leonard Abbey for his dedication to the Library. Mayor Blair also stated Mr. Leonard Abbey's sister told him of the 75th anniversary celebration for the right to vote for women. Mayor Blair stated the celebration will be held in Old City Park on August 26, 1995 starting at 4:30 p.m. A.2 RECOGNITION OF CERTIFICATE TO THE CITY OF FARMERS BRANCH FROM THE UNITED STATES DEPARTMENT OF ENERGY. Mayor Blair read a certificate presented to the City of Farmers Branch by the United States Department of Energy. Mayor Blair stated the City of Farmers Branch has been the leader with alternate fuel vehicles to help provide cleaner air and the Department of Energy has recognized Farmers Branch for their efforts. A.3 PRESENTATION OF NEW LIBRARY CARDS TO THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL. Ms. Carol Frierott, Chairman of the Farmers Branch Manske Library Board, presented the Mayor and members of the City Council with new library cards that may be used with the new stand-alone automated library system which became available to the public on Tuesday, August 1. Mayor Blair thanked the Library Board and the Friends of the Library for all the work they do for the Manske Library. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Lane Henderson of the Fire Department. A.5 PRESENTATION OF BOARD APPLICATIONS. Mayor Blair stated he had contacted Mr. Stack because of the vacancy on the Zoning Board of Adjustment Alternate Place 2 position and Mr. Stack had indicated on his application he would like to serve on the Planning and Zoning Commission or the Vol. 69, Page 81 Zoning Board of Adjustment. Mr. David Stack, 2530 Leta Mae, came forward and stated he was a civil engineer and would be interested in serving on the Zoning Board of Adjustment. A.6 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. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. 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 C.9 and D.6 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 JULY 10, 1995. B.2 ADOPTED RESOLUTION NO. 95-093 ACCEPTING A WARRANTY DEED CONVEYING LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MARSH LANE AND BROOKHAVEN CLUB DRIVE TO THE CITY OF FARMERS BRANCH BY ED SNIDER, ROBERT NELSON, AND KEN GARRETT DBA QUEST CONSTRUCTION COMPANY. B.3 ADOPTED RESOLUTION NO. 95-094 ACCEPTING A WARRANTY DEED CONVEYING LAND LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MARSH LANE AND BROOKHAVEN CLUB DRIVE TO THE CITY OF FARMERS BRANCH BY PHAETON CAPITAL GROUP, INC.. Vol. 69, Page 82 B.4 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2197 FOR ABANDONMENT OF A UTILITY EASEMENT WITHIN LOTS 11, 12, AND 17, BLOCK E, CRESTBROOK ESTATES NO. 2. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR ABANDONMENT OF ITS INTERESTS AN UTILITY EASEMENTS WITHIN LOTS 11, 12 AND 17, BLOCK E, CRESTBROOK ESTATES NO. 2; AND DECLARING AN EMERGENCY. B.5 APPROVED REQUEST BY SHELL OIL COMPANY FOR FINAL PLAT APPROVAL OF SHELL STATION ADDITION, A 0.717 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF WEBB CHAPEL ROAD AND IH635. B.6 APPROVED THE REQUEST BY TEMPLO CRISTO REY FOR FINAL PLAT APPROVAL OF THE TEMPLO CRISTO REY ADDITION, A 1.376 ACRE TRACT LOCATED ON THE NORTH SIDE OF VALWOOD PARKWAY APPROXIMATELY 300 FEET WEST OF DENNIS LANE. B.7 AUTHORIZED THE CITY MANAGER TO ENTER INTO A HEALTH SERVICES AGREEMENT WITH DALLAS COUNTY FOR THE FISCAL YEAR 1995-96 AT A COST NOT TO EXCEED $7,083.00 BY ADOPTING RESOLUTION NO. 95-092. C.9 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2196 FOR THE ABANDONMENT OF EASEMENTS WITHIN VALLEY VIEW PLACE - SECTION II. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR ABANDONMENT OF ITS INTERESTS IN SEWER, UTILITY, AND DRAINAGE, EASEMENTS AND STREET RIGHT-OF-WAY LOCATED WITHIN VALLEY VIEW PLACE - SECTION II; AND DECLARING AN EMERGENCY. D.6 ADOPTED RESOLUTION 95-102 AMENDING THE CITY'S INVESTMENT POLICY. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. i Vol. 69, Page 83 AT THIS TIME MAYOR BLAIR MOVED ITEM C.5 AS THE NEXT AGENDA ITEM BECAUSE SEVERAL PEOPLE IN THE AUDIENCE WERE IN ATTENDANCE FOR THE ITEM. C.5 PUBLIC HEARING: CONSIDER THE REQUEST OF VANESSA LEWIS TO GRANT A SPECIFIC USE PERMIT TO ALLOW AN ADULT BOOKSTORE AND MODELING STUDIO (I.E., SEXUALLY ORIENTED BUSINESS) AT 4601 LANGLAND, SUITE 104, LOCATED AT THE NORTHWEST CORNER OF LANGLAND ROAD AND INWOOD ROAD, AND WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mayor Blair stated the HRC Group has terminated the lease agreement with the applicant and the applicant does not have permission to proceed with the specific use permit to operate this business. Mayor Blair stated the City Attorney has ruled this terminates the case and the City Council does not need to open the public hearing. A motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", terminated this request. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TEXAS AUTO TOPS TO GRANT A SPECIFIC USE PERMIT-INTERIM USE TO BEGIN AUGUST 8, 1995 AND EXPIRE ON DECEMBER 8, 2002, TO ALLOW A VEHICLE PARTS INSTALLATION FACILITY AT 13840 DENTON DRIVE, LOCATED APPROXIMATELY 285 FEET SOUTH OF DISTRIBUTION WAY ON THE EAST SIDE OF DENTON DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Texas Auto Tops installs pre-made fiberglass tops, electric and manual sunroofs and a variety of accessories, principally for new car dealerships in the Dallas/Fort Worth area. The business is currently located at 3116 Gardenbrook Drive in Farmers Branch. The applicant intends to move the business to 13840 Denton Drive within the Old Farmers Branch Special District. The proposed site is a 2 acre parcel located approximately 285 feet south of Distribution Way on the east side of Denton Drive and the M.K.& T. railroad right- of-way. A one-story, concrete tilt-wall building, 24,956 square feet in area, occupies the site. Vol. 69, Page 84 Proposed improvements to the property include the addition of 33 paved parking spaces on the rear of the lot and an evergreen hedge row to screen the parking area from nearby single family residential properties. As may be permitted under the PD-70 zoning standards, the applicant is also requesting exceptions to waive required landscaping and irrigation within the proposed parking area. Texas Auto Tops has applied for a Specific Use Permit-Interim Use which would allow the vehicle parts installation facility to operate from August 8, 1995 until December 8, 2002. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit-Interim Use to allow vehicle parts installation from August 8, 1995 until December 8, 2002 be approved, including the requested exceptions, subject to the following conditions: All vehicle parts installation shall take place exclusively within the building. 2. Any vehicles kept on-site during hours in which the facility is not open to the public shall be stored indoors. 3. Outdoor storage of vehicle parts is prohibited. 4. The proposed screening hedge shall be comprised of Fraser's Photinias, having a minimum container size of 5 gallons, spaced 3 feet on center and planted prior to the issuance of a Certificate of Occupancy. 5. An irrigation system for the photinia hedge shall be approved by Staff and installed prior to issuance of the Certificate of Occupancy. 6. A sand trap discharging to the sanitary sewer, or an alternative system which does not permit discharge to the storm sewer, that fully complies with City ordinance and code requirements, shall be installed subject to Staff approval. Mayor Blair opened the public hearing. Mr. Larry Cramer, owner of Texas Auto Tops, came forward and asked for approval of the specific use permit. Mr. Cramer stated he is now located on Gardenbrook Drive and would like to relocate because he needs additional parking spaces. There being no further discussion, a motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", closed the public hearing. Vol. 69, Page 85 Mayor Blair asked Mr. Cramer if he agreed with the six conditions recommended by the Planning and Zoning Commission. Mr. Cramer stated he agrees with the conditions recommended by the Planning and Zoning Commission. There being no further discussion, a motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2192 granting a Specific Use Permit-Interim Use for a vehicle parts installation facility at 13840 Denton Drive 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-INTERIM USE (TO EXPIRE ON DECEMBER 8, 2002) TO ALLOW VEHICLE PARTS INSTALLATION FACILITY AT 13840 DENTON DRIVE, WITHIN THE GENERAL BUSINESS SUBDISTRICT OF THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF BHUPENDRA V. PATEL, TO GRANT A SPECIFIC USE PERMIT FOR A MOTEL AT 13313 STEMMONS FREEWAY, LOCATED APPROXIMATELY 464 FEET NORTH OF VALLEY VIEW LANE ON THE WEST SIDE OF STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed site is a 1.5 acre vacant tract located approximately 464 feet north of Valley View Lane. The Best Western Motel abuts the site to the north and the LaQuinta motel abuts the site to the south. Mr. Patel proposes to erect a two-story, 74 unit Days Inn motel having a two-tone brick (beige and brown) exterior. The entire facility will be 33,576 square feet in area. Primary access to all rooms will be through a central lobby leading to interior corridors. However, customers will be issued a key card which allows them access through the exit doors. Access to the property will be provided off Stemmons Freeway frontage road and limited large truck traffic will be accommodated on site. Vol. 69, Page 86 A swimming pool with a gazebo is the only amenity proposed. Approximately 15 percent of the site is to be landscaped; 5 percent is required. Motels are permitted with a specific use permit in PD-25. The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit as submitted. Mayor Blair opened the public hearing. Mr. Charles Reibenstein, of 1231 Greenway Drive in Irving came forward. Mr. Reibenstein showed slides of computer generated pictures of the proposed motel including the swimming pool area and gazebo. Mr. Reibenstein explained there will be 74 units and that occupants will use a key card system to enter and exit the building. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", closed the public hearing. Councilwoman Davis stated the marketing report for the first and second quarter shows a decline in occupancy for the smaller hotels and asked why. Councilwoman Davis explained she did not believe this is the best and highest use of this land and what would the owner do with an abandoned motel. Mr. Peter Maggorie, 3004 Canyon Creek Drive, Richardson, Texas, real estate broker, came forward and stated he prepared the report dated June 28, 1995. Mr. Maggorie stated after that report, he received questions from City staff and then submitted a supplemental report to staff answering those eight questions. Mr. Maggorie stated the first report did not address occupancies because as stated in the first report occupancies are not a true indication of demand or value unless actual rooms occupied for that same period of time are used. Mr. Maggorie also explained in the supplemental report the information that was referred to on the occupancy side was based on information received from the City of Farmers Branch. Mr. Maggorie explained the occupancy rates alone should not reflect and are not an indicator of demand, economic or value and are merely a guide. Mrs. Norma Nichols, Director of Economic Development, came forward and explained that her department prepares a quarterly hotel occupancy reports and the information referenced by Mr. Maggorie was provided by the Economic Development Department. The occupancy information was provided through September of 1994. Mrs. Nichols explained the Economic Development Department has noted in the last nine months that the limited service hotels continue to show a reduction in occupancy by two percent. Mrs. Nichols explained full service hotels are usually least affected by new competition and limited service hotels are generally impacted by the Vol. 69, Page 87 competition. Mrs. Nichols stated the limited service hotels in Addison, and also the hotels on 135 may at some point cause an over saturation. Mayor Blair asked the applicant why build with that scenario in mind. Mr. Maggorie stated when he prepared the market study it included the activity north of Lewisville, east in Addison, and south in Dallas and was for the sole purpose of demonstrating the one question that was asked on the City letter. Mr. Maggorie stated in the first report on the market analysis side he mentioned the significance of security type motels today. Mr. Maggorie explained the older motels do not have the security features of the proposed motel. Mr. Maggorie stated if the customer cannot get the security in Farmers Branch they will go to Lewisville, Addison or Dallas. Mr. Maggorie stated the City of Farmers Branch should not be concerned with an overabundance of hotels at this time. Mayor Blair stated the City Council is concerned that any motel in Farmers Branch is a high quality facility that will bring in quality customers. Mayor Blair stated in the future Farmers Branch will be very strict on the standards of hotels operating in Farmers Branch and will make sure all are properly maintained. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Phelps, with Councilmembers Hardie, Pyle, and Phelps voting "aye", and Councilwoman Davis voting "nay, to adopt the following captioned Ordinance No. 2194 granting a Specific Use Permit for a motel at 13313 Stemmons Freeway as recommended by the Planning and Zoning Commission. The motion carried by a 3 to 1 vote. 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 MOTEL WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT AT 13313 STEMMONS FREEWAY, PROVIDING A SEVERABILITY CLAUSE; 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. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF SAM PACK TO GRANT A SPECIFIC USE PERMIT FOR A VEHICLE REPAIR FACILITY AT 13675 STEMMONS FREEWAY, LOCATED AT THE SOUTHWEST CORNER OF VALMAR WAY AND STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 69, Page 88 Mayor Blair presented the following information for consideration. The subject property is a 4.6 acre tract located at the southwest corner of Valmar Way and Stemmons Freeway. The property is developed with a concrete tilt-wall building 70,452 square feet in area. Sam Pack's Lee Jarmon Ford proposes to relocate current offices, auto paint and body repair, and a parts facility from Stemmons Freeway in Carrollton to 13675 Stemmons Freeway in Farmers Branch. Mr. Pack also wants to be able to offer general vehicle repair service at this location in the future. Improvements proposed to be added to the site include a 6 foot tall wood screening fence along Valmar Way and a 6 foot chain link fence with screening slats enclosing approximately 64 parking spaces generally along the west property line. The applicant is scheduled to appear before the Zoning Board of Adjustment on August 22, 1995 to request the 6 foot tall wood fence be permitted within the required front yard along Valmar Way. Office, auto paint and body repair and parts warehousing are uses permitted by right within PD-25. A specific use permit is required to allow the full range of auto repair uses in PD-25. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit be approved with the following conditions: 1. No automotive repair of any kind shall take place outdoors. 2. Any vehicle kept on-site during hours in which the facility is not open to the public shall be stored within the screened fence parking area or within the building. 3. Should the Zoning Board of Adjustment not permit the proposed location of the fence along Valmar Way, a new site plan showing an alternate location which fully complies with zoning must be submitted, subject to Staff approval, prior to issuance of a Certificate of Occupancy. Mayor Blair opened the public hearing. Mr. Roger Crawford, 8741 Vista View, Dallas, representing the estate of Jesse Sally Compton, owner of the building at 13625 Stemmons. Mr. Crawford stated this property is the building just south of the proposed application. Mr. Crawford stated they are very concerned with the overall appearance of businesses in the area. Mr. Crawford stated his client's building is occupied by Hilti. Mr. Crawford stated his client is very concerned that vehicles will not be visible from Stemmons. Mr. Vol. 69, Page 89 Crawford felt his client would not have any opposition if concerns such as long term repair and maintenance of fence will occur over time. Mr. Crawford asked if the City of Farmers Branch had ordinances to help maintain fences. Mr. Sam Pack, 5330 Harbour Town in Dallas and owner of Lee Jarmon came forward. Mr. Pack stated they are willing to comply with the conditions discussed. There being no other discussion, a motion by Councilman Pyle, a second by Mayor Pro Tem Hardie, all voting "aye", closed the public hearing. Mr. Pack stated he has the same concern on the fence and it will be maintained. Mr. Pack stated he respects what the City is trying to do and will continue to be a good corporate citizen. Mr. Tom Scales, Director of Community Services, stated there are two ways to see that the fence is maintained. The first is the property maintenance code, and the second would be that the fence is a requirement of the site plan. The site plan requires the fence be maintained and cannot be amended without approval. Mr. Pack stated he has no intentions to not protect the area. Mayor Blair stated this is a good piece of property and feels Lee Jarmon will be a great addition to Farmers Branch. Mayor Blair stated he talked with Councilman Moses last night and Councilman Moses wished to extend his support of this facility. Councilman Phelps asked the applicant if he agreed with the conditions recommended by the Planning and Zoning Commission. Mr. Pack stated he agreed with the conditions recommended. Councilwoman Davis asked if a fence will be located in front of the building by Stemmons. Mayor Blair stated there would not be a fence located in the front but would run across the back and along Valmar which is north of the building. City Manager Richard Escalante stated there will be a wood fence and a chain link fence with slats. Mr. Escalante asked Mr. Spicer to show the location of the proposed fence on the property. Mr. Spicer presented an overhead picture of the site plan and pointed out where the fences will be located on the property. Mr. Spicer stated the chain link fence would be located in the rear of the property. Vol. 69, Page 90 Mayor Blair asked if there would be parking next to the Hilti building. Mr. Spicer stated there would not be parking next to the Hilti location. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2193 granting a specific use permit 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 GRANT A SPECIFIC USE PERMIT FOR A VEHICLE REPAIR FACILITY AT 13675 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT, PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.5 MOVED AFTER ITEM C.1. C.6 PUBLIC HEARING: CONSIDER THE REQUEST OF CITY POINTE NORTHWEST J.V. TO CHANGE THE ZONING CLASSIFICATION OF THREE (3) TRACTS OF LAND TOTALING APPROXIMATELY 46.3 ACRES IN AREA GENERALLY LOCATED WITHIN THE NORTHWEST QUADRANT AT THE STEMMONS FREEWAY AND LBJ FREEWAY INTERCHANGE ABUTTING THE CITY OF DALLAS, FROM PD-61 TO A PLANNED DEVELOPMENT DISTRICT ALLOWING OFFICE AND LIGHT INDUSTRIAL USES AND ESTABLISH DEVELOPMENT STANDARDS, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Staff is still working with the applicant to resolve traffic impact analysis issues and refine development standards regulations. The Comprehensive Zoning Ordinance requires that the City Council receive a recommendation from the Planning and Zoning Commission before action can be taken on a proposed zoning change. The Commission has not issued a recommendation, therefore, no action may be taken by the City Council at this time. Staff recommends consideration of this request be continued until the September 11, 1995, City Council meeting. Vol. 69, Page 91 A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", continued consideration of this request until the September 11, 1995, City Council meeting. C.7 CONSIDER THE REQUEST BY THE STANLEY WORKS AND LOUIS R. WINSKI INVESTMENTS, INC. FOR FINAL PLAT APPROVAL OF VALLEY VIEW PLACE - SECTION II AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Stanley Works and Louis R. Winski Investments are platting property located along Valley Branch Lane at Valley Branch Circle, south to Westside Parkway. The property is being platted to accommodate future expansion plans for The Stanley Works by establishing new lot lines. Rezoning of The Stanley Works tract from planned development office to planned development light industrial and deletion of the extension of Valley Branch Circle from the Thoroughfare Plan were approved by the City Council on July 10, 1995. Other related items on this City Council Agenda are the abandonment of easements and right-of-way, and partial release of covenants of the City Point Northwest Developer's Contract. Planning and Zoning Commission recommends, by unanimous vote, the approval of the final plat for Valley View Place-Section II. Mr. Kirk Williams, representing the applicant, stated he is requesting City Council approval of this plat and is in agreement with staff recommendations. There being no further discussion, a motion by Councilman Pyle, a second by Mayor Pro Tem Hardie, all voting "aye", approved the final plat for Valley View Place- Section II. C.8 CONSIDER ADOPTING RESOLUTION NO. 95-099 APPROVING A PARTIAL RELEASE OF COVENANTS TO THE DEVELOPER'S CONTRACT WITH CITY POINTE NORTHWEST JOINT VENTURE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City entered into a Developer's Contract with City Pointe Northwest Joint Venture on July 21, 1986 for the development of City Point Northwest Addition. The contract required the construction of the extension of Valley Branch Circle, the platting of the property, and the construction of off-site improvements as development occurred. Vol. 69, Page 92 A portion of the City Pointe Northwest Addition is being purchased by The Stanley Works for expansion of their existing facilities on Valley Branch Lane. The Stanley Works and City Pointe Northwest Joint Venture, represented by Louis R. Winski Investments, have requested the property being purchased by The Stanley Works be released in its entirety from the covenants and provisions of the Developer's Contract. The platting of the property and the construction of off-side improvements remain a requirement for development of the remainder of the City Pointe Northwest Addition. The construction of the extension of Valley Branch Circle will not be required. The City Attorney and the City Engineer recommend adoption of Resolution 95-099 approving a Partial Release of Covenants to the Developer's Contract with City Pointe Northwest Joint Venture for City Pointe Northwest Addition. Mr. Kirk Williams, representing the applicant, stated they are in agreement with staff recommendation and is requesting approval of this item. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 95-099 approving a Partial Release of Covenants to the Developer's Contract with City Pointe Northwest Joint Venture for City Pointe Northwest Addition. C.9 CONSENT. D.l CONSIDER A MOTION TO MAINTAIN A $.44 CENT PROPERTY TAX RATE, SCHEDULE A PUBLIC HEARING ON SEPTEMBER 11, 1995 AND SCHEDULE ADOPTION OF THE TAX RATE ON SEPTEMBER 25, 1995 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City Council discussed the 1995-96 proposed budget in a workshop on August 3, 1995. The proposed budget contains a recommendation to maintain the ad valorem tax rate at 44 cents per $100 assessed value. A 44 cent tax rate would effectively provide additional revenues to the City because property values have increased for 1995-96. The City Council is currently reviewing a proposed budget which provides for the use of these additional revenues. Under the State Property Tax Code, maintaining a 44 cent tax rate would require that the City Council first pass a motion to propose a tax rate and set a public hearing date. This public hearing has been scheduled to take place at the City Council meeting on September 11, 1995 at City Hall. Staff recommends that the City Council adopt a motion to maintain a 44 cent ad valorem tax rate for 1995-96, set a public hearing on September 11, 1995 at the City of Farmers Branch City Hall, and schedule adoption of the tax rate on September 25, Vol. 69, Page 93 1995. Councilman Phelps thanked the City Manager and staff for allowing the City to keep a $.44 cent tax rate. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", approved maintaining a $.44 cent property tax rate, schedule a public hearing on September 11, 1995, and schedule adoption of the tax rate on September 25, 1995. D.2 CONSIDER RESOLUTION NO. 95-101 CONCERNING DART'S SYSTEM AND FINANCIAL PLAN AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained a member cities Mayors' Committee has worked over four months on a resolution that could go before the DART board to improve the service plan and the financial plan for DART over the next six years starting in the year 1997. Mayor Blair stated in 1996 the City of Farmers Branch could consider a withdrawal election from DART. Mayor Blair replied this resolution provides a good plan and would bring service to Farmers Branch much faster than what is presently being proposed and would also support a demonstration rail project on the MKT railroad which would go through Farmers Branch to Carrollton. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 95-101 and moved to forward this resolution to the DART Board for their consideration and the metroplex Mayors' Committee. D.3 CONSIDER ADOPTING RESOLUTION NO. 95-084 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRINKLEY SARGENT ARCHITECTS FOR BASIC SERVICES IN AN AMOUNT NOT TO EXCEED $394,998 RELATIVE TO THE DESIGN AND CONSTRUCTION OF THE FARMERS BRANCH JUSTICE CENTER, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In January 1995, Brinkley Sargent Architects presented the master plan for the Farmers Branch Justice Center, including the police department, court and jail facilities. The master plan was presented to Farmers Branch residents at the neighborhood meetings in February and March. Following the neighborhood meetings, staff began contract negotiations with Brinkley Sargent Architects for architectural services for the Justice Center. Brinkley Sargent has agreed to a base fee of $394,998 for basic architectural services. Additional services covered under this contract include interior design, civil engineering, preliminary and final plat preparation, cost estimator, site platting, and coordination of landscape services. The lump sum cost for additional services and Vol. 69, Page 94 coordination fees is $46,600.00. An estimated $10,000 will be expended for reimbursables. The total estimated contract amount is $451,598.00. The proposed 1995-96 Capital Improvements Program fund currently designates $5,250,000 for design and construction of the Justice Center. The Assistant City Manager recommends adoption of Resolution No. 95-084 authorizing the City Manager to execute a professional services agreement with Brinkley Sargent Architects for architectural services relating to the design development and construction oversight of the Farmers Branch Justice Center. Councilwoman Davis explained to the citizens that this project did not go out to bid because this is such a specialized field. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 95-084 authorizing the City Manager to execute a professional services agreement with Brinkley Sargent Architects for architectural services relating to the design development and construction oversight of the police, court and jail facility. D.4 CONSIDER ADOPTING RESOLUTION NO. 95-095 AWARDING THE BID FOR THE DREDGING OF MALLON PARK LAKE TO PAULA CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The dredging of Mallon Park Lake is included in the 1994-95 Capital Improvement Budget with an approved funding of $100,000. Four contractors submitted bids on Monday, July 24, 1995. All bids met specifications. Paula Construction, Inc. submitted the lowest bid of $91,800, with a contract time of 60 calendar days. Paula Construction, Inc. has provided adequate qualifications and references for similar work. The City Engineer recommends awarding the bid for the dredging of Mallon Park Lake to Paula Construction, Inc. in an amount of $91,800. Ms. Gail Gatcomb asked where the boundaries will be where the dredging will take place. Mayor Blair stated dredging would be from Mallon Park dam to west of the bridge and then to the east which is all park property. Ms. Gatcomb asked if it would extend into the lake. Vol. 69, Page 95 Mayor Blair stated it would not extend into the lake because that is all private property. Mr. Nick Korba asked how deep the contractor would dredge the lake. Mr. Murawski stated they dredge approximately eight feet. There being no further discussion, a motion by Mayor Pro Tern Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 95-095 awarding the bid for the dredging of Mallon Park Lake to Paula Construction, Inc. in an amount of $91,800. D.5 CONSIDER ADOPTING RESOLUTION NO. 95-098 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT RELATIVE TO CONTRACTING FOR SERVICES FROM THE SCHOOL DISTRICT'S FAMILY SERVICES DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City has received a letter from the School District asking that the City continue funding a share of the District's Family Services Department for the 1995-1996 school year. The City's portion of the funding would provide for one Parent Educator and one Assistant Community Liaison. The job descriptions for the two positions would be the same as they were for the positions funded by the City during the 1994-1995 school year. The intent of this agreement is to provide support and services for at- risk students and their parents in overcoming language, cultural, social, and financial barriers that may impede school and citizenship success. The intent of this agreement is that the positions funded would primarily serve Farmers Branch students and their families. The contract will be in effect from August 7, 1995 to July 31, 1996. Staff recommends adoption of Resolution No. 95-098 authorizing the City Manager to execute an interlocal agreement between the City of Farmers Branch and the Carrollton-Farmers Branch Independent School District relative to contracting for services from the School District's Family Services Department. Mayor Blair stated that this program was discussed in the budget work session and would cost approximately $68,000 for the program. Mayor Blair stated the School District could no longer funds this project because a state grant was not renewed. Mayor Blair stated the City of Farmers Branch only agreed to fund this program for one year. Vol. 69, Page 96 A motion by Mayor Blair, a second by Councilman Phelps, all voting "aye", tabled this item until the second City Council meeting on September 25, 1995 so as to permit discussion with the School Board at a joint meeting with the School Board and City Council in September. D.6 CONSENT. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Davis stated she attended the Sister City Conference in Indianapolis from July 25th through July 29th. Councilwoman Davis explained the group attended between seven to ten sessions in the five days. Councilwoman Davis explained the conference was excellent. Councilwoman Davis stated next year's conference will be in Boston and the conference strongly suggested the Sister City Delegation and Councilmembers attend. Mayor Blair stated he traveled to Austin on July 25th through July 28th for the Association of Councilpersons and Mayors Conference. Mayor Blair stated this was a very good meeting and was well attended. Mayor Blair stated this conference provided a great opportunity to meet with mayors and councilmembers to discuss regional issues, and transportation issues including air transportation. D.8 CITIZEN PARTICIPATION. Mr. Marty Giehrl, 3404 Bevann Drive, explained he was here to call attention to a void in the planning of City parks. Mr. Giehrl stated he adopted Mustang Trails in the Adopt-A-Park program. Mr. Gierhl stated Mustang Trails was the first to be adopted under this program and has now become orphaned. Mr. Gierhl feels the City needs a site plan for Mustang Trails for two reasons. The first reason is the City should become pro active with the erosion problems in Farmers Branch Creek as it comes into Mustang Trails Park. The second reason is the need for a plan to improve the appearance in the utility of that small tract of land. Mr. Gierhl felt this was the only City park that had not been given the finishing touch. Mr. Gierhl would like the City to create a complete plan for Mustang Trails Park. Mayor Blair explained during City Council budget hearings there was discussion concerning erosion control in several parks and pathways in these parks. Mayor Blair asked Mr. Murawski to come forward and comment. Mr. Jerry Murawski, City Engineer, explained the city put in an interim solution which functioned very well for a while, and that the staff will be looking to solve the erosion problem in the creek at Mustang Trails. Mr. Murawski stated the gabions installed at the east end are a permanent solution. Vol. 69, Page 97 Mayor Blair asked what the schedule was to start the planning of these improvements. City Manager Mr. Richard Escalante stated one of the components of the 2010 Plan is a park master plan. Mr. Escalante stated the staff will be evaluating each of the park facilities to determine what additional improvements and any other uses for those parks in the future. Mr. Mark Pavageaux, Director of Public Works, stated maintenance on that particular section of the City has already been purchased such as large boulders that will be placed around the timbers. Mr. Pavageaux explained this should be completed in the next three weeks. Mayor Blair asked if the staff had discussed this with the Parks and Recreation Board. Mr. Jeff Fuller, Director of Parks and Recreation, explained that Mr. Gierhl took this request to the Park Board last year and the Park Board took no action based on the fact that staff is underway with the master plan and staff is evaluating all the parks at this time. Mayor Blair explained the resolution passed earlier concerning DART includes monies to be returned to the City to be used exclusively for pathways in the City. Ms. Gail Gatcomb, 2638 Farmers Branch Lane, came forward and stated she was informed that tonight she would be given a report on the creek erosion and nothing was done. Ms. Gatcomb stated no one called her to inform her there would be no information presented tonight. Ms. Gatcomb explained City property could be the main cause of erosion on private property and feels the City has an obligation to stop the damage. Ms. Gatcomb also asked about the wall that was to be constructed at Ford Road Park which was discussed in Study Session. Mr. Murawski, City Engineer, stated that the wall that was discussed in Study Session was to be constructed wholly on City property to protect City property and that there would be no effect on property upstream or downstream of the wall. Councilwoman Davis stated she thought the work would not be performed on private property. Mr. Jerry Murawski stated that was correct, no work would be performed on private property. Mr. Mark Pavageaux, Director of Public Works, stated on the 27th of July a truck load of debris was removed. Mr. Pavageaux stated after inspection no leakage of the sewer line was found. Mr. Pavageaux stated the current plan is to place the cap the continuous length of the pipe where repairs were made several years ago. Vol. 69, Page 98 Mr. Nick Korba, 13210 Shahan, stated the bridge on Valley View that crosses Farmers Branch Creek has a bad erosion problem. Mr. Korba also stated at Webb Chapel and Valley View Lane, the left turn signals are inoperative. Mr. Dave Davis, Traffic Engineer, explained the east bound left turn lane detectors have been replaced. Mr. Davis stated the conduit is crushed under the road and a boring company will have to put in new conduit and should be completed within one to two months. Mr. Korba stated at Longmeade and Golfing Green Drive the City and contractor tore up the sidewalk and curb and did not replace the curb with a handicapped curb. Mr. Murawski, explained the sidewalk contractor was working privately and was not contracted to work on this sidewalk at Golfing Green Drive. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE ON THE AGENDA FOR 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 DISCUSSED IN THE EXECUTIVE SESSION TO CONSIDER ANY NECESSARY ACTION. 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. DISCUSSION BEGAN AT 10:37 P.M. 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 ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS SELECTION OF A 50TH ANNIVERSARY CELEBRATION COMMITTEE. 4. DISCUSS APPOINTMENT FOR RED CROSS LIAISON TO DALLAS COUNTY AMERICAN RED CROSS CHAPTER. Mayor Blair and members of the City Council discussed appointments to the various boards listed above. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE LAND ACQUISITION AT 2784 VALWOOD PARKWAY. 2. DISCUSS POSSIBLE LAND ACQUISITION AT 13399 DENNIS LANE. Vol. 69, Page 99 John Burke, Assistant City Manager presented a status report of possible land acquisition involving the property at 2784 Valwood Parkway and 13399 Dennis Lane. E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POSSIBLE LITIGATION WITH SYSCO FOODS AT 14330 GILLIS ROAD. 2. DISCUSS PENDING LITIGATION OF PRISCILLA INNES VS. CITY OF FARMERS BRANCH. The City Staff and the City Attorney presented a status report of the agreement between the City of Farmers Branch and Sysco Foods. 2. DISCUSSION OF LITIGATION OF PRISCILLA INNES VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented a status report concerning the pending litigation of Priscilla Innes VS. City of Farmers Branch. [1 THE COUNCIL RECONVENED INTO GENERAL SESSION AT 10:45 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that discussions were held by the City Council to consider the various boards listed on the agenda and will be considered at the next meeting. Mayor Blair stated that names had been submitted to him for a 50th Anniversary Celebration Committee and the consideration of the appointment of the committee will be at the September 11, 1995 meeting. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", appointed Fire Chief Kyle King or his representative to be the city's liaison to the American Red Cross. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that Assistant City Manager John Burke presented a status report on the possible land acquisition at 2784 Valwood Parkway and 13399 Dennis Lane and will continue negotiations. Vol. 69, Page 100 E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that City Attorney John Boyle presented a status report relating to Sysco Foods at 14330 Gillis Road. F.1 ADJOURNMENT. Mayor Blair moved to adjourn the City Council meeting of August 7, 1995 at 10:49 P.M. f I'aL. ayor 7 ity' Secretary 1 Vol. 69, Page 101