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1995-10-23 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 23, 1995 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Nancy Hardie Councilmembers Ron Pyle Bill Moses Bob Phelps Nancy Hardie Member of the City Council absent was: Councilmember Calla Davis 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 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 Vol. 70, Page 61 Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of October 23, 1995 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 CONSIDER ACCEPTING FOURTH QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The Historical Preservation and Restoration Board has approved several donations to be added to the inventory. Ms. Laverne Gilbert, Chairwoman of the Historical Preservation and Restoration Board presented to the Council the following items donated for the Historical Park: An assortment of turn-of-the-century stereoptic slides similar to more recent View Master slides, from Mrs. Marge Hansen, Farmers Branch. An April 5, 1956 edition of the Farmers Branch Times, from Mrs. Dorothy Murphy, Carrollton. A 1916 and 1939 copy of the Farmers Branch phone book, from Mr. John Stambaugh, Dallas. The Director of the Parks and Recreation Department recommends accepting the fourth quarter donations to the Historical Park. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", accepted the donations to the Historical Park as presented by Mrs. Gilbert. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Danny Bobo of the Utility Division of Public Works. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Vol. 70, Page 62 A.5 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 B.1 - B.3. 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 Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 9, 1995. B.2 ADOPTED RESOLUTION NO. 95-130 APPROVING THE AMENDMENTS TO THE PROJECT MANAGEMENT AGREEMENT OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.3 ADOPTED RESOLUTION NO. 95-129 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ORCHESTRA FOR A POPS CONCERT, SATURDAY, JUNE 8, 1996 AT 8:00 P.M. IN AN AMOUNT NOT TO EXCEED $27,000. 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 CITY POINTE NORTHWEST J.V. TO CHANGE THE ZONING CLASSIFICATION OF THREE (3) TRACTS OF LAND TOTALING APPROXIMATELY 46.7 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. Vol. 70, Page 63 At this time Mayor Blair asked Michael Spicer, Director of Planning, for a summation on items C.2, C.3, C.4, and C.S. Mr. Spicer stated Items C.2 and C.3 deal with changing the zoning classification of several related properties, Item CA deals with amendment of the Master Thoroughfare Plan as it relates to these properties, and Item C.5 is a proposed amendment of the Developer's Contract associated with one of the properties. Relative to Items C.2 and C.3, Mr. Spicer provided a brief description of where the properties are located and the land area included in the proposed zoning changes. Mr. Spicer stated the fundamental consideration of the proposed zoning for all properties concerned is the transformation from high-density, hi-rise office zoning to a district which substantially reduces density in a campus-type mixed use environment. Mr. Spicer stated that the smaller of the two proposed zoning changes, in terms of land area to be rezoned, is the Planned Development No. 61 district or PD-61. Mr. Spicer stated that PD-61 allows only office development whereas the proposed amendment would also allow some light industrial uses and reduce the permitted floor to area ratio (FAR) from 4:1 to 1:1. Mr. Spicer stated that the existing zoning on the larger area proposed to be rezoned, approximately 147 acres of Planned Development No. 50 or PD-50, currently allows limited industrial uses, hi-rise office, and also residential uses, subject to approval of a Specific Use Permit. Mr. Spicer stated the proposed zoning for PD-50 would broaden the range of industrial uses permitted and reduce the FAR from 4:1 to 1:1. Mr. Spicer stated the proposed zoning for both districts will require that outdoor storage and vehicle maneuvering areas, including parking lots, be screened from view by a combination of berms and trees. Mr. Spicer also stated that only wall-mounted or monument-type signs would be permitted under the proposed zoning. Mr. Spicer further pointed out that the development process for both districts will be streamlined, resulting in fewer site plans being routed through the Planning and Zoning Commission and City Council for approval. Mr. Spicer stated that all thoroughfares required by the Master Thoroughfare Plan would have to be complete and operational prior to the issuance of a Certificate of Occupancy in PD-61 under the proposed zoning. Mr. Spicer stated the proposed zoning for PD-50 requires that thoroughfares be developed in four phases to ensure that adequate streets are constructed in conjunction with development as it occurs. Vol. 70, Page 64 Relative to Item C.4, Mr. Spicer stated the proposed changes in zoning will reduce vehicle trips by as much as 77 percent in PD-61 and by as much as 84 percent in PD- 50 and that, consequently, amendment of the Master Thoroughfare Plan was warranted. Mr. Spicer displayed maps depicting the current Master Thoroughfare Plan and what the Master Thoroughfare Plan would look like should the proposed amendments be adopted. Mr. Spicer then briefly described which streets were to be eliminated and which would be reconfigured under the proposed Master Thoroughfare Plan amendments. Relative to Item C.S, Mr. Spicer stated that the proposed amendment of the Developer's Contract for the properties included in PD-61, in sum, would eliminate all capital improvements, including roadway improvements, that would no longer be needed should the proposed zoning for PD-61 be adopted. Mr. Spicer stated the reduction in potential development density in PD-61 was the primary determinant in consideration of the Developer's Contract amendment. Mayor Blair presented the following information for consideration. Consideration of this item was continued from the City Council's October 9, 1995 meeting. The 46.7 acres owned by City Pointe Northwest J.V. comprise the whole of PD-61. PD-61 is generally bounded by Farmers Branch Creek to the north, Stemmons Freeway to the east, the City of Dallas to the south, and railroad right-of-way owned by the City of Dallas (formerly the C. R. I. & P. railroad) to the west. PD-61 currently allows high-rise office development, hotels and motels, financial institutions, and limited retail and service uses. All property within PD-61 is undeveloped. The applicant is requesting zoning that is designed to both encourage development of a high quality industrial park and serve well to accommodate office and commercial development. Essentially, the proposed zoning represents a transition from high density, hi-rise office development to a substantially less dense campus-type mixed- use environment. Key aspects of the proposed zoning and development standards include: adding light industrial as an allowable use; reducing the maximum development density from a 4:1 F.A.R. to 1:1, thereby reducing potential traffic generated by as much as 77 percent; upgrading landscaping requirements; and streamlining the development process. The Planning and Zoning Commission, by unanimous vote, recommends that the PD- 61 zoning standards be amended by allowing the uses and standards as requested by City Pointe Northwest J.V. L Vol. 70, Page 65 Mayor Blair opened the public hearing. Mr. Kirk Williams, representing the applicant, came forward. Mr. Williams stated he and staff have worked for six months on this project. Mr. Williams stated he would answer any questions the City Council may have. Mr. Williams stated he respectfully requests City Council approval of this request. Mr. Jonathan Vincent, representing Travellers, stated they are looking forward to this development. Mr. Vincent stated the City staff kept Travellers very well informed. There being no other discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. Mayor Blair stated it is very unusual to down zone a piece of property. Mayor Blair stated in this day and time high density zoning is not desired. Mayor Blair stated this was at the request of the applicant and not the City. There being no further discussion, a motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2234 amending the development standards of the PD-61 zoning district as requested by City Pointe Northwest J.V. 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 AMENDING THE USE AND DEVELOPMENT STANDARDS OF THE PLANNED DEVELOPMENT NO. 61 ZONING DISTRICT (PD-61) COMPRISED OF THREE ADJOINING TRACTS OF LAND COMPRISING APPROXIMATELY 46.7 ACRES IN AREA, GENERALLY LOCATED WITHIN THE NORTHWEST QUADRANT OF THE IH 35E AND IH 635 INTERCHANGE, ABUTTING THE CITY OF DALLAS; REPEALING ORDINANCE NO. 1638; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF CITY POINTE NORTHWEST J.V. TO CHANGE THE ZONING CLASSIFICATION OF TWO TRACTS OF LAND TOTALING 147.7 ACRES IN AREA, ONE TRACT GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF LUNA ROAD AND VALLEY VIEW LANE, AND THE SECOND TRACT GENERALLY LOCATED ON THE NORTH SIDE OF THE LBJ WESTBOUND FRONTAGE ROAD, EAST OF LUNA ROAD, FROM PD-50 TO PD-72, ALLOWING OFFICE, Vol. 70, Page 66 COMMERCIAL, AND LIGHT INDUSTRIAL USES AND ESTABLISH DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Consideration of this item was continued from the City Council's October 9, 1995 meeting. PD-50 includes approximately 376 acres of undeveloped land generally bounded by Valley View Lane to the north, Luna Road to the west, LBJ Freeway to the south, and railroad right-of-way owned by the City of Dallas (formerly the C.R.I. & P. railroad) to the east. PD-50 allows offices, high technology warehousing and assembly, hotels and motels, financial institutions, limited retail and service uses, and residential uses subject to approval of an SUP. The applicant, City Pointe Northwest J.V., owns 147.7 acres or approximately 40 percent of the land area comprising the PD-50 district, and is seeking a change in zoning strictly for its properties. The proposed zoning is designed to both encourage development of a high quality industrial park and serve well to accommodate office and commercial development. Essentially, the proposed zoning represents a transition from high density, hi-rise office development to a substantially less dense campus-type mixed use environment. Key aspects of the proposed zoning and development standards include: deleting residential uses; allowing a broader range of light industrial and commercial uses; reducing the maximum development density from a 4:1 F.A.R. to 1:1, yielding a reduction in potential traffic generated by as much as 84 percent; upgrading landscaping requirements; and streamlining the development process. The Planning and Zoning Commission, by unanimous vote, recommends that Centreplace-Second Installment be rezoned from its current zoning of PD-50 to PD-72 with the proposed development standards. Mayor Blair opened the public hearing. Mr. Kirk Williams, representing City Pointe, requests this item be approved by the City Council. There being no other discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair stated all right-of-way now in place will continue to be in place. Mayor Vol. 70, Page 67 Blair explained the City is not giving any right-of-way up at this time. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2235 changing the zoning on 147.8 acres known as Centreplace-Second Installment from PD-50 to PD-72 with associated standards. 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 AMENDING THE ZONING DISTRICT CLASSIFICATION OF TWO TRACTS OF LAND, ONE GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF LUNA ROAD AND VALLEY VIEW LANE, APPROXIMATELY 1,145 FEET EAST OF LUNA ROAD, AND THE SECOND TRACT GENERALLY LOCATED ON THE NORTH SIDE OF THE LBJ FREEWAY WESTBOUND FRONTAGE ROAD, APPROXIMATELY 1,200 FEET EAST OF LUNA ROAD, FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT NUMBER 50 (PD-50) TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 72 (PD-72) ALLOWING LIGHT INDUSTRIAL, COMMERCIAL, AND OFFICE USES WITH REVISED PERFORMANCE AND DEVELOPMENT STANDARDS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF CITY POINTE NORTHWEST JOINT VENTURE TO AMEND THE CITY WIDE MASTER THOROUGHFARE PLAN ORDINANCE BY DELETING THE PROPOSED EXTENSION OF VALLEY BRANCH LANE, DELETING MARKETPLACE DRIVE, CENTREPLACE DRIVE, AND LAKESIDE DRIVE, AND REVISING LAKEWAY BOULEVARD, FROM LUNA ROAD TO PARKWAY BOULEVARD, FROM A SIX LANE DIVIDED THOROUGHFARE TO A FOUR LANE UNDIVIDED THOROUGHFARE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. City Pointe Northwest Joint Venture has requested that the City's Thoroughfare Plan be amended by deleting the proposed extension of Valley Branch Lane, deleting Marketplace Drive, Centreplace Drive, and Lake Drive, and revising Lakeway Boulevard, from Luna Road to Parkway Boulevard, from a six- lane divided thoroughfare to a four- lane undivided thoroughfare. Vol. 70, Page 68 City Pointe Northwest Joint Venture has based the request on proposed rezoning of their property in the northwest quadrant of IH635 at IH35E. The current zoning provides for office development with a 4:1 floor area ratio. If the rezoning is approved by City Council in another item on this Council Agenda, then the development would be limited to a 1:1 floor area ratio. Staff has reviewed the applicant's traffic assessment which supports the proposed Thoroughfare Plan amendments. Staff has also reviewed the 1984 traffic assessment that was submitted by Centre Development. The analysis by City Staff of the traffic assessments has concluded that Parkway Boulevard should remain a six-lane divided roadway and that Lakeway Boulevard be changed from a six-lane divided to four-lane undivided. The analysis by City staff has also concluded that minor streets intended for local access should be determined through the plating and site-planning processes and not included on the thoroughfare plan. If Ordinance No. 2227 is adopted, the City-wide Master Thoroughfare Plan will remain in effect except for the amendments described by Ordinance No. 2227. The Traffic Engineer and the City Engineer recommend the adoption of Ordinance No. 2227 amending Ordinance No. 2031 by deleting the proposed extension of Valley Branch Lane, deleting Marketplace Drive, Centreplace Drive, and Lakeside Drive, and revising Lakeway Boulevard from Luna Road to Parkway Boulevard from a six- lane divided thoroughfare to a four-lane undivided thoroughfare. Mayor Blair opened the public hearing. Mr. Kirk Williams, representing the applicant, explained they are in agreement with the recommendation before you, relocating streets, no street will be abandoned, right- of-way will remain at 100 feet. Mr. Williams respectfully requested City Council approval. Mr. Jonathan Vincent, of Travellers, stated they are also in agreement with the recommendations. Mr. William Axeline, 12828 Valley Branch, owner of Stanley Mechanics and National Hand Tools, explained he is in support of this item. There being no other discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", closed the public hearing. Vol. 70, Page 69 There being no further discussion, a motion by Mayor Pro Tern Hardie, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2227 amending Ordinance No. 2031 by deleting the proposed extension of Valley Branch Lane, deleting Marketplace Drive, Centreplace Drive, and Lakeside Drive, and revising Lakeway Boulevard from Luna Road to Parkway Boulevard from a six lane divided thoroughfare to a four lane undivided thoroughfare. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 2031 BY DELETING THE PROPOSED EXTENSION OF VALLEY BRANCH LANE, DELETING MARKETPLACE DRIVE, CENTREPLACE DRIVE, AND LAKESIDE DRIVE, AND REVISING LAKEWAY BOULEVARD, FROM LUNA ROAD TO PARKWAY BOULEVARD, FROM A SIX LANE DIVIDED THOROUGHFARE TO A FOUR LANE UNDIVIDED THOROUGHFARE, AND PROVIDING A SEVERABILITY CLAUSE. C.5 CONSIDER ADOPTION RESOLUTION NO. 95-119 APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPER'S CONTRACT WITH CITY POINTE NORTHWEST JOINT VENTURE FOR CITY POINTE NORTHWEST AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In July 1986, the street rights-of-way and easements within the City Pointe Northwest Development were platted and a Developer's Contract was approved. The Developer's Contract provided for the developer to construct on-site and off-site street, water, sanitary sewer, and drainage improvements as prerequisites for phased development of City Pointe Northwest. In addition to the zoning change and the amendment to the Thoroughfare Plan considered prior to this item, City Pointe Northwest Joint Venture is requesting Amendment No. 1 and Restatement of the Developer's Contract to change the on-site and off-site street, water, sanitary sewer and drainage improvements required for development of the property. The Amendment deletes the requirements to construct off-site improvements and provides for the construction of all on-site street improvements before development can occur. The City Engineer recommends the adoption of Resolution No. 95-119 approving an amendment and restatement of the Developer's Contract with City Point Northwest joint venture for City Pointe Northwest. Vol. 70, Page 70 Mr. Kirk Williams, representing the applicant, stated they are in agreement with amendment of the developers contract. Mr. Williams stated the amendment to the developers contract is consistent with the zoning just passed. City Manager Richard Escalante explained one more action is necessary for conclusion of this project. Mr. Escalante stated this is for the eastern portion of the project. Mr. Escalante explained one portion for the project was not ready for the center portion. Mr. Randy Winski, the applicant, stated he has been waiting for this project and has seen a lot of change in Farmers Branch and all for the better. Mr. Winski stated City staff was very professional and would like to thank all members of the staff. Mr. Winski stated he has been in this type business for twenty-seven years and this was the best experience he has had for a rezoning request. There being no further discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 95-119 approving an amendment and restatement of the Developer's Contract with City Pointe Northwest Joint Venture for City Pointe Northwest. C.6 PUBLIC HEARING: CONSIDER THE REQUEST OF D&G SPECIALTIES, INC., TO GRANT A SPECIFIC USE PERMIT TO ALLOW A CAR WASH TO BE LOCATED AT 13211 STEMMONS FREEWAY (MOBIL SERVICE STATION) AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 ZONING DISTRICT WHICH ALLOWS LIGHT INDUSTRIAL USES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Mobil gasoline service station, 13211 Stemmons Freeway, is located at the northwest corner of Valley View Lane and Stemmons Freeway. The Mobil service station, has been located and operating on this site since December of 1969. Mobil proposes to add a car wash, approximately 623 square feet in area, to the north side of the existing 1,977 square foot building. The proposed car wash facility will be comprised of a brick exterior compatible with the existing gasoline service station building. Approximately 8 percent of the site is to be landscaped; 5 percent is required. At present, approximately 1 percent of the site is landscaped. Car wash use is permitted with a specific use permit in PD-25. Vol. 70, Page 71 The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit and associated site plan as submitted. Mayor Blair opened the public hearing. Daryl Gibson, of D & G Specialties, Inc., wanted to thank the City and requests approval of this specific use permit. There being no other discussion, a motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", closed the public hearing. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 2228 granting a specific use permit for a car wash 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 CAR WASH WITHIN PLANNED DEVELOPMENT NO. 25 (PD-25) ZONING DISTRICT AND LOCATED AT 13211 STEMMONS FREEWAY, THE NORTHWEST CORNER OF VALLEY VIEW LANE AND STEMMONS FREEWAY; 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. C.7 PUBLIC HEARING: CONSIDER THE REQUEST OF GU MING SU TO GRANT A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES AT 13000 JOSEY LANE, SUITE 101, (SEAFOOD KING CHINESE RESTAURANT), LOCATED APPROXIMATELY 350 FEET SOUTH OF VALLEY VIEW LANE ON THE EAST SIDE OF JOSEY LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 ZONING DISTRICT WHICH ALLOWS LOCAL RETAIL-1 USES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Seafood King Chinese Restaurant is located approximately 350 feet south of Valley View Lane on the east side of Josey Lane and is within the PD-7 zoning district which allows Local Retail-1 uses. The 4,328 square foot restaurant has been operating at this location since June of 1995. The restaurant would like to sell alcoholic beverages with their meals. Vol. 70, Page 72 A restaurant without an outside sales window is permitted by right within PD-7 zoning district which allows Local Retail-1 uses. Alcohol sales in restaurants are permitted in the PD-7 zoning district subject to approval of a specific use permit and compliance with Ordinance Number 1986 which regulates alcohol sales throughout the City and Ordinance Number 2062 which specifically regulates alcohol sales in the central area of Farmers Branch. Requirements include: 1) alcoholic beverages shall only be served table side, from the kitchen or from other normal food service areas; 2) no more than 20 percent of the restaurant's total gross sales can be attributed to alcohol sales; 3) bars are prohibited; 4) a minimum area of 2,000 gross square feet; 5) no exterior signage advertising alcohol sales; and 6) no drive-in or drive-thru services are permitted. The Seafood King Chinese Restaurant proposes to serve beer and wine only. However, the specific use permit does not restrict the type of alcohol served; the type of alcohol served is regulated by the permit issued by the State. The specific use permit, if granted, will allow the sale of all types of alcoholic beverages within the restaurant that have been approved by the State. The submitted application and existing restaurant comply with all the requirements set forth in Ordinance Number 1986 and Number 2062 necessary for the specific use permit to be considered. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit to allow the sale of alcoholic beverages within the Seafood King Chinese Restaurant be approved as submitted. Mayor Blair opened the public hearing. Mr. David James, 2909 Eric, asked if this is the first restaurant in the area to request to serve alcohol. Mayor Blair explained the Sizzler and Nuevo Leon were both approved to serve alcohol and the City has had no problem with either location. Mr. Gu Ming Su, owner of restaurant, came forward and stated he hoped to be able to serve beer and wine at his location. There being no other discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Councilman Phelps stated he had nothing against Mr. Su, however he cannot support this request. Vol. 70, Page 73 There being no further discussion, a motion by Mayor Blair, a second by Councilman Pyle, with Hardie, Pyle, Moses voting "aye", and Councilman Phelps voting "nay", adopted the following captioned Ordinance Number 2229 granting a specific use permit to allow the sale of alcoholic beverages within the Seafood King Chinese Restaurant 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 THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE SEAFOOD KING CHINESE RESTAURANT LOCATED AT 13000 JOSEY LANE, SUITE 101, LOCATED APPROXIMATELY 350 FEET SOUTH OF VALLEY VIEW LANE ON THE EAST SIDE OF JOSEY LANE, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. C.8 PUBLIC HEARING: CONSIDER THE REQUEST OF METROCREST TIRE AND Mayor Blair gave the following information for consideration. Metrocrest Tire and Auto is located in Suite 7 of the multi-tenant building at 2435 Squire Place. The building is within the General Business Subdistrict of Planned Development District Number 70 (PD-70). AUTO TO AMEND THEIR EXISTING SPECIFIC USE PERMIT TO INCREASE THE AREA OF THE EXISTING "GENERAL ENGINE REPAIR" BUSINESS, BY APPROXIMATELY 4,829 SQUARE FEET, LOCATED AT 2435 SQUIRE PLACE, SUITE 7, THE NORTHWEST CORNER OF BEE STREET AND SQUIRE PLACE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Metrocrest Tire and Auto obtained a specific use permit for their vehicle repair business on August 21, 1989. They would like to expand their business into the adjoining Suite 8. The expansion will increase their occupied building area from 4,829 square feet to a total of 9,658 square feet. Metrocrest Tire and Auto is requesting that their specific use permit be amended to allow their business to expand. Q Vol. 70, Page 74 As may be permitted under Ordinance Number 2111 which established the zoning for the proposed location, the applicant is also requesting three special exceptions to the landscaping regulations: (1) omit the landscaping requirements along Squire Place, such as, no additional trees or shrubs be installed; (2) a decrease in size of shrubs from five gallon to one gallon for the required shrubs placed along Bee Street; and (3) delay the installation of landscaping for 180 days. "Motor vehicle repair or parts installation" (general engine repair) is a permitted use within the General Business Subdistrict of Planned Development Number 70 (PD-70) with a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the existing specific use permit for a general engine repair facility be amended to allow an increase of approximately 4,829 square feet in area, with the three requested special exceptions, subject to the following conditions: All repair activities shall take place exclusively within the building. 2. All vehicles awaiting repair shall be stored within the five (5) designated spaces behind the building. 3. Vehicles stored outside the structure during hours in which the facility is not open to the public shall be stored within the five (5) designated spaces behind the building. 4. That all vehicles located outside the building, at any time, shall possess both a valid license plate tag and State inspection sticker. 5. That no tire sales or vehicle repair activities shall extend beyond 9:00 p.m. 6. That the facility shall not produce emissions which will adversely affect adjacent tenants or properties. 7. All proposed landscaping be installed within 180 days. 8. An irrigation plan be submitted subject to Staff approval prior to a Certificate of Occupancy being issued for Suite 8. Mayor Blair opened the public hearing. Mr. Paul Wyatt, owner of Metrocrest Tire and Auto, came forward and explained he was not clear on requirement two. Mr. Wyatt explained storing vehicles in the rear of the property will be a major problem because of the number of vehicles they repair. Vol. 70, Page 75 Mr. Tom Scales, Director of Community Services, stated it was the intent of requirement number two that any cars kept for a long period of time be parked in the rear of the property. Mr. Scales stated this requirement could probably be deleted and requirement number three would cover this. Mayor Blair does not think this would work. Mayor Blair stated he does not see a problem with the area the business is located in. Mayor Blair stated any car left at the business 48 hours or longer could be parked in the rear of the property. City Manager Richard Escalante reminded the City Council that the specific use permit runs with the land and this action could allow vehicles that are damaged to be stored in front of the building. Mr. Escalante stated this location is adjacent to residential property. Mr. Escalante explained if the business is sold this may be a problem. Mr. Escalante explained the ordinance states when not open to the public the vehicles shall be stored in the five spaces behind the building. Councilman Phelps stated if he understand this meant during business hours customers can park anywhere but when the business is closed cars will be stored behind the building. Mayor Blair explained Mr. Wyatt does not want to store vehicles outside overnight. Mr. Paul Wyatt explained we try not to because of vandalism. Mr. Escalante asked if Mr. Wyatt stores vehicles outside. Mr. Wyatt stated they do on some occasions but try to keep the vehicles inside the building. Mr. Wyatt stated with the screening they are installing along Bee Street, vehicles cannot be seen. Councilman Moses stated item four requiring a valid inspection sticker and license plates may not work either. Councilman Moses stated he has cars that cannot obtain a valid inspection sticker or license plates until they are repaired. Mr. Escalante stated junk vehicles will be permitted under this ordinance. Mr. Escalante stated this will be the first establishment not required to store the vehicles behind the building or to be screened. Mayor Blair stated 3(b) should read "Vehicles stored outside the structure during hours in which the facility is not open to the public shall be limited to the five parking spaces not including those spaces along Bee Street. Vol. 70, Page 76 Mayor Pro Tern Hardie explained the City Council has required other businesses to comply with these conditions and the City has worked very hard to keep this area in high standards. Mayor Blair asked if auto body repair is excluded in this request. Mr. Tom Scales stated this was correct, auto body repair is not included in the request. Mayor Blair stated Mr. Wyatt will only perform general auto repair and no auto body repair will be done at this location. Mr. Tom Scales asked Mr. Wyatt if he has had a problem with leaving cars outside. Mr. Paul Wyatt stated he has had problems with vandalism when cars are left outside. Mr. Tom Scales stated he thought was that doubling the size of building would cure not having vehicles stored outside. There being no other discussion, a motion by Councilman Moses, a second by Mayor Pro Tern Hardie, all voting "aye", closed the public hearing. There being no further discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance Number 2230 as amended by the City Council amend the existing specific use permit for a general engine repair facility at 2435 Squire Place, Suite 7 and allow an increase of approximately 4,829 square feet in area, with the special exceptions, and 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; BY AMENDING A SPECIFIC USE PERMIT FOR "GENERAL ENGINE REPAIRS" ON THE PROPERTY LOCATED AT 2435 SQUARE PLACE, SUITE 7, AND WITHIN THE GENERAL BUSINESS SUBDISTRICT OF THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRICT, GRANTING EXCEPTIONS, TO ALLOW THE "GENERAL ENGINE REPAIRS" USE AND AN INCREASE OF APPROXIMATELY 4,829 SQUARE FEET IN AREA; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. Vol. 70, Page 77 C.9 PUBLIC HEARING: CONSIDER THE REQUEST OF SID HOLLINGSWORTH ON BEHALF OF KWIK INDUSTRIES, INC., TO GRANT A SPECIFIC USE PERMIT FOR A TUNE-UP SHOP AT 13303 JOSEY LANE LOCATED APPROXIMATELY 430 FEET NORTH OF VALLEY VIEW LANE ON THE WEST SIDE OF JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Planning and Zoning Commission considered Kwik Industries request on October 16, 1995. The Planning and Zoning Commission made no recommendation, but continued consideration of the request until October 30, 1995 to allow the applicant time to consider reorienting the building on the property so that the bay doors face north and south rather than facing Josey Lane and to submit a revised site plan. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on a proposed zoning amendment. The Commission has not made a recommendation, therefore, no action may be taken by the City Council at this time. City Staff recommends consideration of this request be continued until the November 6, 1995, City Council meeting. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", continued consideration of the request of Kwik Industries for a specific use permit for a tune-up shop until the November 6, 1995 City Council meeting. C.10 PUBLIC HEARING: CONSIDER THE REQUEST OF RICHARD PARKER TO GRANT A SPECIFIC USE PERMIT FOR A RECREATIONAL VEHICLE REPAIR FACILITY AT 1825 ROYAL LANE, TO BE LOCATED AT THE NORTHWEST CORNER OF FERRELL DRIVE AND ROYAL LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At the request of the applicant, the Planning and Zoning Commission continued the public hearing until its October 30, 1995 meeting, to allow the applicant additional time to resolve neighboring property owners concerns. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council at this time. [1 Vol. 70, Page 78 City Staff recommends consideration of this request be continued until the November 6, 1995 City Council meeting. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", continued consideration of the request until the November 6, 1995 City Council meeting. C.11 PUBLIC HEARING: CONSIDER THE REQUEST OF MASTERPLAN TO AMEND ARTICLE 8-103, 8-700, 11-102, OF THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO PERMITTING "MOUNTED ANTENNAS" USE IN ALL ZONING DISTRICTS AND ESTABLISH APPROPRIATE ZONING REGULATIONS INCLUDING, BUT NOT LIMITED TO DEFINING THE USE AND ESTABLISHING HEIGHT REQUIREMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At the request of City Staff, the Planning and Zoning Commission continued the public hearing until its October 30, 1995 meeting. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council at this time. Masterplan, on behalf of PrimeCo, L.P., a personal communication system (PCS) company, is proposing to add "mounted antenna of 15 feet or less" to the Comprehensive Zoning Ordinance Schedule of uses and permit this use by right in all zoning districts of the City. Staff is currently reviewing information submitted by the applicant and reviewing information from other cities regarding mounted antennas on exiting utility towers. Staff recommends consideration of the request be continued until the November 6, 1995 City Council meeting. City Manager Richard Escalante stated the applicant has requested that this item be postponed until November 20, 1995. A motion by Mayor Pro Tern Hardie, a second by Councilman Moses, all voting "aye", continued consideration of the request until the November 20, 1995 City Council meeting. Vol. 70, Page 79 C.12 PUBLIC HEARING: CONSIDER AMENDING ARTICLE 18-103 OF THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO REQUIRING ANY DEVELOPED LOT OR TRACT LYING IMMEDIATELY ADJACENT TO A TRACT OR LOT ZONED FOR SINGLE-FAMILY OR TWO-FAMILY AND NOT SEPARATED FROM SUCH SINGLE-FAMILY OR TWO-FAMILY ZONED TRACT OR LOT BY A SOLID STRUCTURAL MASONRY WALL OF AT LEAST SIX (6) FEET IN HEIGHT TO CONSTRUCT SUCH A WALL BY JANUARY 1, 1999 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At the request of City Staff, the Planning and Zoning Commission tabled this item at its October 16, 1995 meeting. A public hearing was called to consider a Zoning Ordinance amendment to require existing multi-family properties to have a six foot solid masonry wall separating them from adjacent single-family and two-family residential zoning districts by January 1, 1999. During meetings between the Staff and apartment owners and the Apartment Association of Greater Dallas, issues, questions and concerns were raised regarding the proposed amendment. The Planning and Zoning Commission tabled this item to allow additional time for further review of the issues raised. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council at this time. Staff recommends that this item be tabled. This item will be readvertised when a specific recommendation is formulated for presentation to the Planning and Zoning Commission and the City Council. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", tabled consideration of the request. C.13 CONSIDER A REQUEST OF GOODWILL INDUSTRIES OF DALLAS, INC., FOR APPROVAL OF A TEMPORARY USE OF CIVIC OR PHILANTHROPIC NATURE TO ALLOW AN ATTENDED DONATION CENTER TO BE PLACED ON THE SOUTH SIDE OF THE VALLEY VIEW SHOPPING CENTER BUILDING AT 13000 JOSEY LANE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Goodwill Industries has operated an attended donation center on the Albertson property at Valley View Lane and Josey Lane since 1986. The center has recently been removed Vol. 70, Page 80 because of construction taking place on the Albertson facility and because the time allowed by the resolution approving the temporary use had expired. Goodwill Industries wants to locate an attended donation center on the Valley View Village Shopping Center property which adjoins to the Albertson property on the south. The attended donation center is proposed to be located south of the Colortyme store, between the shopping center building and the screening wall that separates the shopping center property from a single family residential area. Temporary uses of a civic or philanthropic nature may be located in any zoning district.of the City when authorized by a resolution of the City Council. Proposed Resolution No. 95-134 has been prepared approving the location of the attended donation center in the location requested for a one year period. Staff recommends the request be denied. Mr. Rod Ginther, President of Goodwill, came forward and explained this location is a very critical to the organization. Mr. Ginther stated approximately 7800 people donated to this center each year. Mr. Ginther stated these centers provide employment and training to disabled people. Mr. Ginther stated people can recycle their materials by donating items. Mr. Ginther assured the City Council that Goodwill will be sensitive to the neighbors if the request is approved. Mr. David James, 2909 Eric, stated he lives directly south of location. Mr. James stated he has nothing against a center in the area. Mr. James thanked the staff for letting the neighbors know of this request. Mr. James stated a number of his neighbors faxed in their opposition against this location. Mayor Blair explained he was on the City Council in 1986 when this center was first approved for the Albertson's location. Mayor Blair stated no one is against Goodwill but believes that, on a temporary basis, this is not a good location. Mayor Blair explained if the City Council denies this request perhaps Goodwill will work with staff to find a suitable location. There being no further discussion, a motion by Mayor Blair, a second by Mayor Pro Tem Hardie, all voting "aye", denied the request. C.14 CONSIDER REQUEST BY HAROLD POLLMAN FOR FINAL PLAT APPROVAL OF THE CHAPEL GLEN ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The subject property is a 10.86 acre tract located on the west side of Webb Chapel Road between Veronica Road and Maybrook Drive. The property is zoned Planned Development Vol. 70, Page 81 Zoning District 69 and is being platted to accommodate forty-nine single family residential lots. The final plat is consistent with the site plan as approved by the City Council, at it's June 7, 1993 meeting and complies with all City requirements for final plat approval. A Developer's Contract for Chapel Glen Addition is another item on this Agenda. The Planning and Zoning Commission recommends, by unanimous vote, the approval of the final plat for Chapel Glen Addition. Mr. Jeff Miles, with Jones and Boyd Engineers, came forward and stated he was here to answer any questions. Mayor Blair asked if construction was going to happen this time. Mr. Miles stated the contractors are ready to start the project. Mr. Pollman stated he had a warm feeling when returning to Farmers Branch. Mr. Pollman stated he constructed eight out of every ten homes in Farmers Branch in the mid 1950's, 1960's and 1970. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", approved the final plat for Chapel Glen Addition. C.15 CONSIDER ADOPTING RESOLUTION NO. 95-131 APPROVING A DEVELOPER'S CONTRACT FOR CHAPEL GLEN ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The developer of Chapel Glen Addition, the Ryland Group, Inc., has received site plan and preliminary plat approval for forty-nine single-family residential lots at the northwest corner of Webb Chapel and Maybrook. A Developer's Contract is also required to insure that the developer installs the streets, utilities, and storm sewer improvements required for the development. Approval of the Final Plat for Chapel Glen Addition is another item on this Agenda. The City Engineer Recommends adoption of Resolution No. 95-131 approving the Developer's Contract for Chapel Glen Addition and authorizing the City Manager to execute the contract on behalf of the City. Vol. 70, Page 82 There being no discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 95-131 approving the Developer's Contract for Chapel Glen Addition. C.16 CONSIDER AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 1995- 1996 BUDGET AND TAKE THE APPROPRIATE ACTION. A. BROOKHAVEN COLLEGE B. CHAMBER SYMPHONY OF THE METROCREST C. DALLAS/FT.WORTH REGIONAL FILM COMMISSION D. METROCREST CHAMBER OF COMMERCE E. METROCREST SOCIAL SERVICE CENTER F. NORTHWEST FAMILY OUTREACH G. SENIOR ADULT SERVICES Mayor Blair presented the following information for consideration. Agreements have been prepared for the organizations that are funded in the 1995-96 budget. Generally the agreements are similar to the agreements authorized last year with financial reporting requirements on a quarterly basis where appropriate and submission of a fiscal year financial statement prepared by a certified public accountant. Brookhaven College financial requirements are an exception as their funds are subject to Dallas Community College District's audit procedures. The Staff recommends the agreements be approved. Councilman Moses stated he could not support the Chamber Symphony of the Metrocrest request. Councilman Moses stated the City of Farmers Branch provides more money to the Chamber Symphony than any other area city. Mayor Blair suggested the City Council vote separately on the Chamber Symphony of the Metrocrest item. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye" authorized the City Manager to execute agreements with the following organizations: a. Brookhaven College b. Dallas/Ft. Worth Regional Film Commission c. Metrocrest Chamber of Commerce d. Metrocrest Social Service Center e. Northwest Family Outreach f. Senior Adult Services Councilman Moses stated he would be in favor of some funding for the Chamber Symphony but not the amount requested. Vol. 70, Page 83 Mayor Blair stated he was surprised to see the difference in funding as compared with Addison and Carrollton. Mayor Pro Tem Hardie stated under Article 2 of the contract it states there are three concerts to be held in Farmers Branch with two other sites not yet scheduled. Mayor Pro Tem Hardie stated the City might request the Chamber Symphony to hold these concerts in Farmers Branch. Councilman Pyle stated he would be in favor of denying this request tonight and ask the Chamber Symphony to come back. Mayor Blair suggested this item be tabled. Mayor Pro Tem Hardie asked that the Chamber Symphony be made aware of the City Council's concern and suggests the extra concerts be held in our city. There being no further discussion, a motion by Mayor Pro Tem Hardie, a second by Councilman Phelps, all voting "aye", tabled this item until staff can meet with the Chamber Symphony. D.1 CONSIDER ADOPTING RESOLUTION NO. 95-132 AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH POINT COMMUNICATIONS, INC. AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Point Communications, Inc. has been under contract for the past year to place all ads and creative art work to implement the tourism marketing plan. The fee for the 1995-96 year is $43,900 for the full 12 months plus 15 % commission for media placed above the advertising budget of $292,669. Point placed $275,000 of advertising during the last budget year for a fee of $40,833. This contract is funded from the hotel/motel tax fund. The staff recommends the approval of Resolution No. 95-132 authorizing a Letter of Agreement with Point Communications, Inc. Mayor Blair asked if the area hotels were in agreement with this contract. City Manager Richard Escalante stated the area hotels were in agreement with a contract with Point Communications, Inc. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 95-132 authorizing execution of a Letter of Agreement. Vol. 70, Page 84 D.2 CONSIDER ADOPTING RESOLUTION #95-133 REJECTING BIDS FOR CONSTRUCTION OF A NEW BATHHOUSE FOR THE DON SHOWMAN POOL AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The Don Showman Pool bathhouse project is budgeted for $250,000 in the 1995-96 Non-Bond CIP fund. Construction of the new bathhouse was planned to begin in the fall of 1995 and be completed in the spring of 1996. Twenty-five contractors were sent bid request packets, and the project was advertised in the Dallas Mornin News and The Metrocrest News. Five contractors obtained plans and specifications. Two bids, both meeting specifications, were received and opened on October 16, 1995. The low bid submitted by Maxson Company was $381,926 which is $131,926 over budget. The other bid received, from Iowa Bridge & Culvert, was for $540,000. Staff recommends all bids be rejected. Re-bidding the project and awarding in November would result in a delayed opening of the pool for the 1996 season, which begins May, 25, 1996. Staff recommends re-bidding the project at the end of the summer of 1996. The Parks and Recreation Director recommends adopting Resolution #95-133 rejecting bids for construction of a new bathhouse for the Don Showman Swimming Pool. Mayor Blair stated construction is good at this time and most contractors consider this is a small project. Mayor Blair stated this project will be put off until next year. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 95-133 rejecting bids for construction of a new bathhouse for the Don Showman Swimming Pool. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated the TML Conference is this week in Dallas. D.4 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION BEGAN AT 6:55 P.M. AND CONCLUDED AT 7:28 P.M. MAYOR BLAIR Vol. 70, Page 85 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 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 OF MUNICIPAL COURT JUDGES. Councilman Phelps reported to the City Council of the status of Municipal Court Judges appointments and compensation. 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. Assistant City Manager John Burke presented a status report to the City Council relating to the possible land acquisition at 2784 Valwood Parkway and 13399 Dennis Lane. E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS BENNIE LILES VS. CITY OF FARMERS BRANCH. City Attorneys John Boyle and Stan Lowry presented an update report to the City Council on litigation of Bennie Liles VS the City of Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for necessary action on the appointment of the Municipal Court Judges. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 95-125 appointing and authorizing compensation for the Municipal Court Judges. L Vol. 70, Page 86 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported Assistant City Manager John Burke presented a status report and will continue investigation of possible land acquisition of the properties located at 2784 Valwood Parkway and 13399 Dennis Lane. No action was necessary on this item. EA CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that City Attorney John Boyle presented a status report of the litigation of Bennie Liles VS. City of Farmers Branch and will bring this matter back to the City Council at a later date. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of October 23, 1995, at 9:42 P.M. Mayor City Secretary C Vol. 70, Page 87