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1993-01-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 4, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers Jeff Binford Calla Davis Ron Pyle Bill Moses The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Fire Chief Kyle King Acting Director of Finance Debbie Champion Director of Parks & Recreation Jeff Fuller Director of Personnel Judy Conley Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of January 4, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 63, Page 79 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ADOPTING RESOLUTION 93-005 SUPPORTING THE "CAMPAIGN FOR NEW PRIORITIES" SPONSORED BY THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS. Mayor Blair explained the Carrollton-Farmers Branch Independent School District had approved a similar resolution. Mayor Blair felt that Farmers Branch has made a commitment to quality education. Mayor Blair read the resolution and stated he would like the Farmers Branch City Council to support this resolution. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution 93-005 supporting the "Campaign for New Priorities" sponsored by the American Association of School Administrators. A.3 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.7. 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 Phelps, a second by Councilman Moses, all voting "aye", added items D.1, D.3, D.4, D.5, D.6, D.10 and D.11 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF DECEMBER 21, 1992. B.2 ADOPTED RESOLUTION NO. 92-184 AWARDING A BID FOR CONTRACT MAINTENANCE OF THE COOKS CREEK DRAINAGE EASEMENT AND MOTOROLA PROPERTY AT 3320 BELTLINE, TO LMS LANDSCAPE, INC., FOR $7,500. Vol. 63, Page 80 B.3 ADOPTED RESOLUTION NO. 92-185 ACCEPTING AN EASEMENT DONATED BY TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE ACCESS TO A 1.234 ACRE ELEVATED WATER STORAGE FACILITY SITE LOCATED ON GILLIS ROAD. B.4 APPROVED A FILL PERMIT FOR CONSTRUCTION OF EROSION CONTROL IMPROVEMENTS ON FARMERS BRANCH CREEK ALONG VALLEY VIEW LANE. B.5 APPROVED A FILL PERMIT FOR CONSTRUCTION OF A CONCRETE RETAINING WALL ALONG FARMERS BRANCH CREEK LOCATED IN THE HISTORICAL PARK PROPERTY. B.6 ADOPTED RESOLUTION NO. 92-150 APPROVING A DEVELOPER'S CONTRACT WITH RECREATIONAL EQUIPMENT, INC.. B.7 ADOPTED RESOLUTION NO. 92-186 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LAWRENCE A. CATES & ASSOCIATES, INC. FOR PROVIDING DESIGN AND ENGINEERING SERVICES FOR RECONSTRUCTION OF AMBER LANE AND OXFORDSHIRE LANE. D.1 ADOPTED RESOLUTION NO. 93-003 REQUESTING DART FUNDING FOR IMMEDIATE ACTION HOV LANE PROJECTS. D.3 ADOPTED THE FOLLOWING ORDINANCE NO. 2012 AMENDING THE 1991 UNIFORM BUILDING CODE AND ADOPTING THE 1991 UNIFORM BUILDING CODE AS THE BUILDING CODE OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 1991 EDITION OF THE UNIFORM BUILDING CODE AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS AS THE BUILDING CODE FOR THE CITY OF FARMERS BRANCH; AMENDING SECTIONS 204, 205, 301, 302, 303, 304, 305, 308, 503, 601, 901, 1210, ADDING CHAPTER 16, AMENDING SECTIONS 1807, 3206, TABLE 32-A, SECTIONS 3305, 3801, AND 3802, DELETING ALL APPENDICES EXCEPT CHAPTERS 31, 32, AND 70; REPEALING ORDINANCES NUMBERS 1442, 1525, 1631, 1680, AND 1738; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. Vol. 63, Page 81 DA ADOPTED THE FOLLOWING ORDINANCE NO. 2013 AMENDING THE 1991 UNIFORM FIRE CODE AND ADOPTING THE 1991 UNIFORM FIRE CODE AS THE FIRE CODE OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADOPTING THE PROVISIONS OF THE UNIFORM FIRE CODE, 1991 EDITION, AS THE FIRE CODE FOR THE CITY OF FARMERS BRANCH; AMENDING SECTIONS 2.303, 4.108, 10.204(a), 10.504(a), 10.507(b), 13.202, 14.104(c)4, 77.107(a) AND (b), 78.103(a), 78.202, Table 79.202-A, Sections 79.204, 79.501, 79.601, 79.809(b), 80.301(b)(6), TABLE 81.105-A, APPENDICES I-A(6)(b), I-B(6)(a)(4), III-A(1), III- B(1), III-C(1)(a), IV-B(2) OF THE UNIFORM FIRE CODE; REPEALING ORDINANCES NUMBERS 1441 AND 1563; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.5 ADOPTED THE FOLLOWING ORDINANCE NO. 2014 AMENDING ORDINANCE NO. 1670 REVISING THE MINIMUM TOP OF CURB ELEVATION FOR STREETS IN THE VALWOOD IMPROVEMENT AUTHORITY AND ADOPTING THE CORRIDOR DEVELOPMENT CERTIFICATE PROGRAM FOR DEVELOPMENT ALONG THE ELM FORK OF THE TRINITY RIVER. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NO. 1670 REVISING THE MINIMUM TOP OF CURB FOR STREETS IN THE VALWOOD IMPROVEMENT AUTHORITY AND ADOPTING THE CORRIDOR DEVELOPMENT CERTIFICATE PROGRAM FOR DEVELOPMENT ALONG THE ELM FORK OF THE TRINITY RIVER. D.6 ADOPTED RESOLUTION NO. 92-164 AUTHORIZING PAYMENT FOR ADDITIONAL SIGNALIZATION AT THE UNION PACIFIC RAILROAD CROSSING AND VALWOOD PARKWAY. D.10 ADOPTED RESOLUTION NO. 92-174 AWARDING A BID TO WICKHAM SUPPLY, INC. FOR AN ANNUAL SUPPLY OF IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT IN THE AMOUNT OF $33,788.70. Vol. 63, Page 82 D.11 ADOPTED RESOLUTION NO. 92-175 AWARDING BIDS FOR AN ANNUAL SUPPLY OF CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT IN THE AMOUNT OF $60,622.79. C.1 CITY MANAGER REPORTS. Mayor Blair read the City Manager reports for Mr. Escalante who was not feeling well. An informative report was given on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TACO BELL CORPORATION TO GRANT A SPECIFIC USE PERMIT (SUP) FOR A NON-DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD, APPROXIMATELY 350 FEET WEST OF MIDWAY ROAD, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 (PD-68) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Planning and Zoning Commission considered Taco Bell's request on December 28, 1992. The Planning and Zoning Commission made no recommendation, but continued the public hearing until its January 11, 1993 meeting to allow the applicant sufficient time to submit additional information pertinent to the request. The Comprehensive Zoning Ordinance requires that the City Council receive a recommendation from the Planning and Zoning Commission before action is 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. Staff recommends the public hearing be continued to the January 18, 1993, City Council meeting. A motion by Mayor Pro Tem Phelps, a second by Councilman Binford, all voting "aye", continued the public hearing to January 18, 1993. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF WENDY'S TO GRANT A SPECIFIC USE PERMIT (SUP) FOR A NON-DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD, APPROXIMATELY 210 FEET WEST OF MIDWAY ROAD, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 (PD-68) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Planning and Zoning Commission considered Wendy's request on December 28, 1992. The Planning and Zoning Commission made no recommendation, but continued the public hearing until its Vol. 63, Page 83 January 11, 1993 meeting to allow the applicant sufficient time to submit additional information pertinent to the request. The Comprehensive Zoning Ordinance requires that the City Council receive a recommendation from the Planning and Zoning Commission before action is taken on a proposed public hearing. The Commission has not made a recommendation, therefore, no action may be taken by the City Council at this time. Staff recommends the public hearing be continued to the January 18, 1993, City Council meeting. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", continued the public hearing until January 18, 1993. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF WAYNE CLEMENTS MANAGEMENT COMPANY, ON BEHALF OF VALLEY VIEW VILLAGE, LTD., TO AMEND THE PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT TO ALLOW RETAIL SALES OF USED MERCHANDISE AT THE SOUTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The PD-7 zoning district allows those uses which are permitted in the Local Retail District-1 (LR-1) zoning district, the City's most restrictive retail zoning district. Presently, the Comprehensive Zoning Ordinance permits the sale of used merchandise exclusively in Commercial (C), Light Industrial (LI), and Heavy Industrial (HI) zoning districts. The applicant intends to lease space to a "second hand store" within the Valley View Village Shopping Center located at 13000 Josey Lane. PD-8, which allows the same uses as PD-7 and abuts PD-7 to the west, was amended in 1989 to allow "thrift stores". However, "thrift store" was defined to expressly prohibit stores that purchase used goods and resells them. Amending PD-7 to allow second hand stores is not consistent with the Comprehensive Plan's explicit objective of promoting the improvement of the economic vitality and appearance of the existing retail centers at Josey Lane and Valley View Lane. The Planning and Zoning Commission, by a 6 to 1 vote, recommends the request to amend PD-7 to allow the sale of used merchandise be denied. Mayor Blair opened the public hearing and stated several people had requested to speak on this agenda item. Vol. 63, Page 84 Mr. Robert Dillard, attorney for Wayne Clements and the tenant, came forward. Mr. Dillard stated there were many misconceptions regarding thrift stores. Mr. Dillard stated several misconceptions had been answered during the Planning and Zoning Commission meeting. Mr. Dillard stated the applicant is only seeking rezoning for Suite 108 and not the entire center. Mr. Dillard stated the lease would prohibit any other space from being used as a thrift store. Mr. Dillard explained this would bring the needed cash flow in to renovate the shopping center. Mr. Dillard explained the tenant would sell items at retail just like any other retail store. Mr. Dillard asked Mr. Webster to show pictures of his current locations in Balch Springs, Rockwall and Dallas. Mr. Dillard explained the pictures show that merchandise is individually priced, sized, and then separated into mens, womens and childrens apparel. Mr. Dillard stated that no new items would be sold in the thrift store. Mr. Dillard stated all items are donated in the name of the Hope Foundation. Mr. Dillard felt this use would add traffic and activity to the center. Mr. Dillard stated items were brought in once a day by truck and loaded in the back room for pricing. Mr. W. G. Webster, owner of the thrift store, came forward. Mr. Webster stated people with Cadillacs to Fords have shopped in his store. Mr. Webster stated this type operation helped families who could not afford to shop in department stores. Mr. Webster stated his operation brings in 1,000 garments a day to a location. Mr. Webster stated that because of the volume he retains a large dumpster which is picked up 6 days a week. Mr. Richard Mauldin, Executive Director of the Hope Foundation, came forward to explain the foundation and how the donation process works. Mr. Mauldin stated the Hope Foundation provides support to family violence victims, homeless people and youths that run away. Mr. Mauldin stated the foundation board approved Mr. Webster's business after an investigation was conducted of his business. Mr. Mauldin stated donations are solicited in the name of the Hope Foundation and then turned over to Mr. Webster. Mr. Mauldin stated a percentage is given back to the Hope Foundation. Mr. Florentino Gonzales, 2915 Eric Lane, stated the neighborhood was nice and quite and felt this type operation would disrupt this type environment. Mr. Gonzales also stated the thrift store would be at his back door and was against the request for rezoning. Mr. Chris Everly, 2427 Fruitland, stated he was in favor of the thrift store opening. Mr. Everly stated he shops at these type stores which helps him buy clothes for his family. Ms. Hilda Ball, 2961 Lavita, stated she was very much in favor of the thrift store. Ms. Ball explained with the economy as it was, all people need this type store. Ms. Ball stated this would be an asset for all of us and the community. Mrs. Sophie Rotundo presented a petition from her neighbors who were against the proposed rezoning. Mrs. Rotundo felt this type operation was not the image Farmers Vol. 63, Page 85 Branch wanted to create. Mrs. Rotundo stated this was a major intersection of the City and people entering Farmers Branch would not want to see a thrift store. Mrs. Rotundo wanted to be able to shop at Albertsons at night and not have to worry about people who may be shopping at the thrift store. Mrs. Rotundo explained that Prestonwood Mall, the Galleria and Valley View Mall were just down the freeway. Mrs. Rotundo opposed to the request. Ms. Jackie Steen, 2919 Eric, stated she was opposed to this type operation. Ms. Steen explained the Goodwill store was in the same center and the Salvation Army had a store across the street. Ms. Steen stated with these stores already in Farmers Branch another was not needed. Ms. Steen felt this shopping center would not be vacant if the owners had kept up the property. Mr. Jesse Clark, 2943 Eric, stated he had moved here 1 1/2 years ago. Mr. Clark felt the tenants had problems with the management. Mr. Clark stated he had talked to several former tenants and they had stated that roof leaks were not corrected, pot holes in the parking lot were not patched and the property had not been upgraded. Mr. Clark suggested it was up to the community for standards to be set. Mr. Clark stated he was opposed to the request. Mr. Billy Thompson, 2930 Eric, stated his wife and he were strongly opposed to the rezoning request. Mr. Thompson explained the owners of the shopping center did not live in Farmers Branch and therefore did not care about Farmers Branch. Mr. Thompson felt if the ordinance was changed it would open the area for a flea market haven. Mrs. Judy Byrd, 2980 Eric, stated she was opposed to the request. Ms. Olga Webster, 2957 Eric, stated she was opposed to the request. Mr. Dillard stated neighbors from the area had also presented a petition to the City approving the thrift store. Mr. Dillard stated there were restrictions in the lease that would prohibit flea markets. Mr. Dillard stated the tenants have a clean and well organized operation. Mr. Dillard explained that certain second hand stores were very trashy but Mr. Webster's operation was not that type business. Mr. Dillard stated the hours of operation were from 9 a. m. until 8 p.m. which would prohibit people at the thrift store location late at night. Mr. Dillard stated if an antique store is allowed then this type store should be allowed. Mr. Dillard stated the tenant had a five year lease and perhaps the City Council could put a restriction, such as to restrict it to this particularly tenant. Mr. Dillard explained for the owners to repair the property, tenants had to be leasing the property. Mr. Dillard stated the space met all City Codes and if there was a problem the owners would correct it. Mr. Earnest Beckham, 2935 Eric, stated traffic from this operation would create a Vol. 63, Page 86 tremendous problem. Mr. Beckham was strictly opposed to the rezoning. Ms. Terry Hooper, 2953 Lavita, stated she was a single mother and had bought a house because she shopped at these type stores for her and her child. Ms. Hooper explained that residents in the neighborhood had garage sales which caused several people to pull up in front of houses. Ms. Hooper felt this type operation would be a great asset to the area. Mr. Eshleman, a retail consultant, stated the location was a commercial corner designed for traffic. Mr. Eshleman explained he had just helped Mr. Webster's partner set up a location at Marsh and Walnut Hill and urged members of the Council to check out this location and felt the Council's fears would then be put aside. Mr. Eshleman helped locate this center because it was designed right and set up to be viable because of Albertsons and the hardware store in the area. Mr. Eshleman stated that Cloth World had wanted to vacate the property for two years. Mr. Bill Clover, partner of Mr. Webster, explained he had worked for thrift stores when they were located in back alleys. Mr. Clover stated he himself would be opposed to that type operation. Mr. Clover explained he has left his son and daughter at their stores and has no fear for their safety. Mr. Clover invited the Council to give their operation a good look and then make up their minds. Mr. Jeff Rotundo stated he has seen the center at Marsh and Walnut Hill. Mr. Rotundo stated this center has not been refurbished either. Mr. Rotundo stated he does not understand why the owners of the center had not updated the building when tenants had been in the spaces. Mrs. Teresa Thompson, 2930 Eric, explained Cloth World had moved because they found a much nicer shopping center on Forest Lane. Mrs. Thompson stated Cloth World left because the owners would not update the center. Ms. Dorothy Olszewski, 2976 Maydelle, stated the income from the previous tenants should have been used to refurbish the center. Ms. Olszewski felt if the thrift store was allowed to come in, the center would not be maintained. Mr. Harry Gear, of Wayne Clements Management Company, stated that real estate has been in a downturn for five years. Mr. Gear stated his company had to resort to a lawsuit against a former tenant in order to recover some of the money when a tenant broke the lease. Mr. Gear stated tenants can now move to another location for one-half the rent they currently pay. Mr. Gear explained the lease agreement with Cloth World stated the tenant would maintain their air conditioning unit. Mr. Gear stated that Cloth World had a leak in their unit which Wayne Clements Management Company repaired some of the problem. Mr. Gear stated they informed Cloth World what repairs were still needed but Cloth World never made the corrections. Mr. Gear stated that a minimum Vol. 63, Page 87 of 65 % occupancy must be maintained in order to refurbish a center. Ms. Dorothy Olszewski asked Mr. Gear what commitment his company would make to refurbish this center if the thrift store were allowed to operate. Mr. Gear stated ADA requirements which included three ramps would be installed this spring. Mr. Don Luce, 13320 Veronica., asked what type tenants the thrift store might attract. Mr. Luce asked if this operation would attract better tenants or would it have a reverse affect. Mr. Chris Everly, 2427 Fruitland, stated this operation could bring employment to some Farmers Branch residents. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", closed the public hearing. Mayor Blair stated in the process of changing the basic PD-7 zoning district, it would allow any thrift store to open up. Mayor Blair felt that restrictions may have been put into leases but tenants can break these leases. Mayor Blair explained that when the Planning and Zoning Commission recommends denial, only under exceptional circumstances would the Council vote to overturn such a recommendation. Mayor Blair explained the four corners of Valley View Lane and 7osey Lane are the heart of Farmers Branch. Mayor Blair explained the City has been trying to improve this area because it is the heart of Farmers Branch. Mayor Blair stated he would like to see the area upgraded in order to draw quality tenants. Councilman Pyle asked Mr. Gear what improvements would be made to the center. Mr. Gear stated the parking lot is striped each year, some improvements have been made to the store front and ADA improvements are scheduled this spring. Councilman Pyle asked if the ADA requirements were not already required whether there were tenants occupying space or if they were vacant. Mr. Gear stated this was correct, the law did require ADA improvements. Councilman Pyle stated he was not in favor of this request. Councilman Pyle felt a lot more repairs should be completed. Councilman Pyle stated he was surprised to hear residents complain about traffic because this area was built to handle traffic. Councilman Pyle felt this was not the best use for the property. Mayor Pro Tem Phelps asked where the clothing and other items come from and does Vol. 63, Page 88 the charity receive a percentage. Mr. Webster stated items were solicited in the name of Hope Foundation and then picked up and brought into the store for pricing and would eventually be sold. Mayor Blair asked if Mr. Webster had an exclusive contract with the Hope Foundation. Mr. Webster stated the Farmers Branch store had an exclusive contract with the Hope Foundation. Mayor Pro Tem Phelps stated in a memo from City staff, Mr. Webster's business would bring in approximately $600,000 the first year and $200,000 the third year. Mayor Pro Tem Phelps asked why the profit goes down the third year and what the profit is for the second year. Mr. Webster stated this was a mistake and did not know how these figures were reported. Mr. Webster stated his current businesses bring in $900,000 a year. Mr. Webster also did not know how the entire PD-7 zoning district was requested to be rezoned when he only requested space #108 be rezoned. Mr. Michael Spicer, Director of Planning, stated the entire area was specified on the application. Mr. Spicer stated the City Council has the option to only rezone lease space #108. Mr. Gear stated the application was filled out over the telephone by his secretary with the assistance of Mr. Spicer. Mayor Blair explained to Mr. Gear that he may want to withdraw this request and take it back to the Planning and Zoning Commission for consideration as a more limited request. Mr. Gear stated he understood that the City Council could approve only lease space #108 and not the entire district if it so desired. Mayor Blair explained the Planning and Zoning Commission would not have recommended denial if they did not want it denied as submitted. Mr. Spicer stated this issue did come up about rezoning only lease space #108 but the Commissioners ultimately decided not to recommend that be done. Councilman Moses asked what type of merchandise does the thrift store receive. Mr. Webster stated they accept clothing, household items such as dishes, toasters, irons, and coffeemakers but do not handle furniture. Vol. 63, Page 89 Councilman Moses asked Mr. Webster if he would consider another location in Farmers Branch. Mr. Webster stated he had considered another location but no other locations were available. Mr. Webster stated he was not told of the restriction and had got the lease space ready and then proceeded to get his certificate of occupancy and was then told about the restriction. Mr. Webster stated he would rather not continue his request because of the 15,000 items of winter clothing in the store. Mr. Webster stated a continuance would cause a delay in the sale of these items. Mayor Blair asked Mr. Webster who lead him to believe that a thrift store could be operated at that location. Mr. Webster stated his agent had contacted the City and asked if a thrift store could be located in Farmers Branch. Mr. Webster stated a specific address was not given to the City when asking the question. Councilwoman Davis explained she was in real estate and did not understand how Mr. Webster had moved items into the lease space. Councilwoman Davis stated the City is very explicit about getting a certificate of occupancy before anyone can move into a building. Councilwoman Davis stated she could understand how Mr. Webster may have thought this use would be allowed with the Goodwill Store in the same center. Councilwoman Davis encouraged Mr. Webster to withdraw this request because there were enough people here tonight against this request. Councilwoman Davis stated she could not vote in favor of this request. Mayor Blair made a motion to deny the request to amend the Planned Development Number 7 (PD-7) Zoning District to allow retail sales of used merchandise at the southeast corner of 7osey Lane and Valley, Mayor Pro Tem Phelps seconded the motion. The motion carried 4 to 1, with Councilmembers Pyle, Moses, Phelps and Davis voting "aye", and Councilman Binford voting "nay". D.1 CONSENT D.2 CONSIDER ORDINANCE NO. 2020 PROHIBITING PARKING ON WESTBOUND VALLEY VIEW LANE FOR 150 FEET EAST OF WEBB CHAPEL ROAD AND FROM MOUNT CASTLE DRIVE TO CHALLABURTON DRIVE AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The City Council discussed parking on westbound Valley View Lane at Webb Chapel Road on October 19, 1992 and on December 21, 1992. City staff was directed to prepare a more detailed examination of one possible alternative for addressing the safety and congestion problems posed by parking in the 3100 block of Valley View Lane. The alternative which City Vol. 63, Page 90 staff was directed to study is the reservation of the outside lane for parking. The proposed parking lane ends approximately 150 feet east of the Webb Chapel Road intersection to allow some westbound vehicles to use this third through lane. For this 150 foot distance adjacent to two residences, parking would be prohibited. An ordinance to prohibit parking at this location and from Mount Castle Drive to Challaburton Drive has been prepared. The cost of materials for this alternative is estimated to be $2,000 due to the signing and extensive pavement markings needed to implement the lane closure. It is anticipated that Public Works Department operating funds would be used for this project. City staff has recommended the prohibition of parking along westbound Valley View Lane from Webb Chapel Road to Mount Castle Drive. If the City Council desires to better accommodate residential parking, City staff recommends the previously proposed alternatives be reconsidered or that each resident's needs be individually evaluated to determine a suitable and effective solution. City staff recommends that the City Council not adopt Ordinance No. 2020. Mayor Blair stated this item had been discussed in previous Study Session meetings and was an item on the last agenda. Mayor Blair stated a man at the last City Council meeting had no problem with prohibiting parking in front of his house and felt his next door neighbor would also have no objection. Mayor Blair stated this was not the case because the neighbor did object. Mayor Blair stated the City Council had several other actions they could take. Mayor Blair felt the best solution would be to prohibit parking from 4:30 p.m. to 6:30 p.m. on weekdays. Mayor Blair explained a discussion was held in Study Session to also move the sidewalks to the curb and to double wide the driveway entrances. Mr. Dave Davis, Traffic Engineer, stated that by moving the sidewalks to the curb this would allow an additional 2 1/4 to 3 3/4 feet of extra parking. Mayor Blair stated this would allow some residents to park two cars in their driveway. Mayor Blair felt this was a reasonable compromise and would also assist the City and the traffic movement at that intersection. Mr. Joe Lopez, 3155 Valley View, came forward and stated he would like the City Council to install signs warning drivers of parked cars before prohibiting parking altogether. Mr. Lopez would like the City Council to consider the least burden on the 13 residents. Councilman Binford stated City staff had prepared Ordinance No. 2020 and would like to change Section 1 and Section 2 to read as follows: Vol. 63, Page 91 Section 1. Vehicle parking is hereby prohibited along westbound Valley View Lane from the intersection of Webb Chapel Road to Mount Castle Drive during the hours of 4:30 p.m. to 6:30 p.m. weekdays, Monday through Friday excluding Holidays. Section 2. The Public Works Department shall install and maintain appropriate signs prohibiting unlawful parking and also warning of potential parked cars during time of lawful parking. Councilman Binford made a motion to adopt Ordinance 2020 with the above corrections, Mayor Pro Tem Phelps seconded the motion. Councilwoman Davis asked if the maker of the motion would amend the motion to include moving the sidewalks and double wide the driveways. City Manager Richard Escalante stated the sidewalks and double wide driveways should probably be a second motion because this is to adopt an ordinance. Councilman Pyle asked if this motion were approved with the recommendation, what would the status of this motion be. Councilman Pyle asked if it would become law. Mayor Blair stated Council would have to take action on this motion which is to prohibit parking from 4:30 p.m. to 6:30 p.m. on weekdays and signage and then if the City Council so desires they can make another motion to move the sidewalks and extend curb cut extensions. Mayor Blair stated this motion would stand on its own. Councilman Pyle stated he would not vote for this motion unless we can move the sidewalk and driveways. City Manager Richard Escalante asked Councilman Pyle if his concern was about the timing of the ordinance going into effect. Councilman Pyle stated that was not his concern but that he could not vote for the motion unless the moving of the sidewalks and the widening of the driveways were included in the motion. Mayor Blair stated the motions could be done in the opposition direction with approval of the sidewalks and driveways first. Mayor Blair stated he had a second to the motion and called for a vote. Councilmembers The motion carried 4 to 1 to adopt the following captioned Ordinance No. 2020, with Councilmembers Binford, Davis, Phelps and Moses voting "aye" and Councilman Pyle voting "nay". Vol. 63, Page 92 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING PARKING ON WESTBOUND VALLEY VIEW LANE FOR 150 EAST OF WEBB CHAPEL ROAD AND FROM MOUNT CASTLE DRIVE TO CHALLABURTON DRIVE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE. A motion by Councilwoman Davis to add that the sidewalks be moved to the curb and double wide the driveways and meet all ADA requirements. Councilman Pyle seconded the motion. Councilman Binford stated this was brought up in study session. Councilman Binford explained that the City should take one step at a time before the City spends an estimated $30,000 that may not be needed. Mayor Blair stated he had a second to the motion and called for a vote. Councilmembers The motion carried 3 to 2 with Councilmembers Davis, Moses and Pyle voting "aye" and Councilmembers Phelps and Binford voting "nay". Mayor Blair made a motion that these two motions be handled consecutively. Councilman Moses seconded the motion. Councilman Binford stated that Section 6 of Ordinance 2020 states the ordinance goes into effect immediately. City Attorney John Boyle stated the ordinance will go into effect immediately. Mr. Boyle stated the penal sanctions don't go into effect until publication of the caption and then a 10 day period before it is law. Mr. Boyle stated there is a requirement in the ordinance that signing goes up so the City would have no ability to issue tickets. Mr. Boyle stated the Mayor's motion was appropriate. Mayor Blair called for a vote on his motion. All Councilmembers voted "aye". Councilman Pyle asked that the warning signs be installed immediately. Mayor Blair stated the signs restricting parking would make the ordinance go into effect immediately. Councilman Pyle stated he was only indicating the signs that warn of potential parked cars. Mr. Boyle stated those signs could go up immediately. D.3 CONSENT Vol. 63, Page 93 DA CONSENT D.5 CONSENT D.6 CONSENT D.7 CONSIDER ADOPTING RESOLUTION NO. 92-176 AWARDING A BID FOR COOKS CREEK DRAINAGE BASIN SEWER REPAIRS FOR THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. ADS, Inc. has performed an inflow and infiltration study on the Cooks Creek drainage basin. The study identified sewer mains that need to be replaced. These mains have deteriorated primarily because of shifting soil conditions and old age. The proposed project will require replacement of approximately 2,500 linear feet of sanitary sewer mains. The Public Works Department opened bids for the replacement of the sewer mains and Cullum Pipe Systems, Inc. submitted the low bid of $146,900.00. Cullum Pipe Systems, Inc., is rehabilitating sewer mains in Grapevine and Arlington. Both Cities have praised the work being done by Cullum Pipe Systems, Inc. Funds totaling $231,100.00 are available for sanitary sewer line repairs in the Cooks Creek Drainage Basin. The Director of Public Works recommends adopting Resolution No. 92-176 awarding a bid for sanitary sewer line repairs within the Cooks Creek Drainage Basin to Cullum Pipe Systems, Inc. for a total price not to exceed $146,900.00, and authorizing the City Manager to execute the contract on behalf of the City. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 92-176 awarding a bid for sanitary sewer line repairs within the Cooks Creek Drainage Basin to Cullum Pipe Systems, Inc. for a total price not to exceed $146,900.00, and authorizing the City Manager to execute the contract on behalf of the city. D.8 CONSIDER ADOPTING RESOLUTION NO. 93-002 AWARDING THE BID FOR RENOVATION OF THE DON SHOWMAN SWIMMING POOL TO DRS CONTRACTORS, INC. IN THE AMOUNT OF $380,230 AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Thirteen general contractors secured plans and specifications for renovation of the Don Showman Swimming Pool. Four bids were received and opened on December 18, 1992. All bids Vol. 63, Page 94 met specifications. The low bidder is DRS Contractors, Inc. submitting a bid of $380,230. Major components of this project include replacing the supply and return lines between the pool and the filter system, replacing the deck, installing a stainless steel continuous gutter system, installation of a PVC liner, installation of three water features, and various other equipment. The total budgeted for this project was $422,000. Design costs in the amount of $33,370 leave a total of $388,630 available. The total of the low bid including Alternate 1, to provide for the possible need of mudjacking under the diving wells; Alternate 2, to provide and install eight stainless steel ladders; Alternate 3, to provide and install four lifeguard chairs; and Alternate 4, to construct concrete steps near the large water feature, is $380,230. The Director of the Parks and Recreation Department recommends adopting Resolution 93-002 awarding the bid for the renovation of the Don Showman Swimming Pool to DRS Contractors, Inc. in the amount of $380,230. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution 93-002 awarding the bid for the renovation of the Don Showman Swimming Pool to DRS Contractors, Inc. in the amount of $380,230. D.9 CONSIDER ADOPTING RESOLUTION NO. 92-181 AWARDING THE BID FOR THE CONSTRUCTION OF SQUIRE PARK IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Squire Park Improvements include new playground equipment and fall zones, a half-court basketball court, removal of the existing tennis court, construction of an all purpose open plan area, a 16' x 20' picnic pavilion, and security lighting. There is $98,301.30 available in the Non-Bond Capital Improvement Program for this project. Eight bids were received, all of which met specifications. The low bid was received from Pittman Construction, Inc. in the amount of $86,969.25 which includes both add alternates which are specified in the bid. Pittman Construction, Inc. has provided acceptable references for this type of work. The City Engineer recommends adopting Resolution No. 92-181 awarding the bid for the construction of Squire Park Improvements to Pittman Construction, Inc. for a total amount not to exceed $86,969.25. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 92-181 awarding the bid for the construction of Squire Park Vol. 63, Page 95 Improvements to Pittman Construction, Inc. for a total amount not to exceed $86,969.25. D.10 CONSENT D.11 CONSENT D.12 CONSIDER ADOPTING RESOLUTION NO. 93-001 AWARDING A BID FOR A THREE DECK RIDING MOWER FOR THE PARKS AND RECREATION DEPARTMENT TO WEFF INDUSTRIES IN THE AMOUNT OF $46,828.00. Mayor Blair gave the following information for consideration. Bid requests for a three deck riding mower for the Parks and Recreation Department were sent to five vendors and one vendor picked up a bid packet. Five bids were received, all meeting specifications, and one was not returned. There is $47,500.00 budgeted for the purchase of a three deck mower in the 1992-93 budget. The low bid meeting specifications is from Weff Industries in the total amount of $46,828.00. This is a replacement piece of equipment. It can cut up to 15 feet in one pass and will primarily be used on athletic fields and Class A parks. The Director of the Parks and Recreation Department recommends adopting Resolution No. 93-001 awarding the bid for a three deck riding mower for the Parks and Recreation Department to Weff Industries in the amount of $46,828.00. A motion by Mayor Blair, a second by Councilman Binford, all voting "aye", adopted Resolution No. 93-001 awarding the bid for a three deck riding mower for the Parks and Recreation Department to Weff Industries in the amount of $46,828.00. D.13 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no Council travel reports or requests. D.14 CITIZEN PARTICIPATION. No one wished to speak. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:01 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:21 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. Vol. 63, Page 96 THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. (2g) 1. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD. 3. DISCUSS APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT CORPORATION BOARD. Discussion was held in the Study Session relating to the appointments to the Zoning Board of Adjustments and Building Code Board of Appeals, the Historical Preservation and Restoration Board, and the Industrial Development Corporation Board. E.2 ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the appointments to the various boards would be considered at the next meeting. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of January 4, 1993, at 9:35 P.M. Q~~q- - Mayor City Secretary Vol. 63, Page 97