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1993-01-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 18, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers The following members of the City Council were absent: Dave Blair Bob Phelps Calla Davis Bill Moses Councilmembers Jeff Binford Ron Pyle 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 Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Personnel Judy Conley Fire Chief Kyle King Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Mayor Blair called the City Council Meeting of January 18, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 63, Page 98 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE CAPTAIN G. P. "JERRY" SMITH OF THE POLICE DEPARTMENT. Mayor Blair requested Jerry Smith and his wife Joan to come forward. Mayor Blair presented the following information. Gerald Smith, known as "Jerry", began his employment with the Police Department on May 14, 1960. When Jerry came to the City, there were only ten patrol officers and Farmers Branch had a very small population. On October 1, 1965, he was promoted to Patrol Sergeant. In 1967 he was the recipient of the "Most Outstanding Officer of the Year" award presented by the Jaycees. In 1969 Jerry was promoted to the rank of Lieutenant, and on May 1, 1988, he was promoted to Captain in charge of the Patrol Division. Jerry has also worked as Division Head of the Criminal Investigation Division and worked many hours with the Neighborhood Crime Watch program. He holds an Advanced Certificate with the Texas Commission on Law Enforcement Officer Standards and Education. Captain Smith has earned a reputation as a dedicated employee for the past 32-1/2 years. His personnel file contains many letters of commendation from both citizens and fellow officers. Jerry and his wife, Joan, reside in Farmers Branch, They have one son and daughter and three grandsons. Mayor Blair presented a plaque to Jerry Smith for his dedicated service to the city. A.3 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE LIEUTENANT DONALD MARDER OF THE POLICE DEPARTMENT. Mayor Blair requested Don Marder and his wife, Betty to come forward. Mayor Blair presented the following information: Don Marder began his employment with the Police Department on June 15, 1966, as a Patrolman. He was promoted to Sergeant in 1969 and to Lieutenant in September 1974, the rank he now holds as supervisor of one of the Patrol shifts. He has 10 years previous experience as a Dallas Police Reserve Officer. Lieutenant Marder attended the Southwestern Law Enforcement Institute School of Supervision and holds an Advanced Certificate with the Texas Commission on Law Enforcement Officer Standards and Education. Don has proven to be a dedicated employee for the City. He has the distinction of Vol. 63, Page 99 completing 19 years of service with the City without taking any sick time. After his retirement, he plans to do a lot of travelling in his 37 foot motor home with his wife Betty, and their two dogs. Don has two children and four grandchildren. Mayor Blair presented a plaque to Don Marder for his dedicated service to the city. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Pam Dyer of the Personnel Department, and a five year employee service award to Cindi Williams of the Personnel Department. A.5 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $4000 BY HOME INTERIORS & GIFTS, INC. TO THE POLICE AND FIRE DEPARTMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The Executive Committee of Home Interiors and Gifts, Inc. elected to make a contribution of $2000 to the Farmers Branch Police Department and $2000 to the Farmers Branch Fire Department which represents their support for service to the community. The donation to the Police Department will be used to purchase materials and equipment for training purposes. The donation to the Fire Department will be used to purchase a voice communication system for Fire Engine No. 1. The Chief of Police and the Fire Chief recommend accepting the donations from Home Interiors & Gifts, Inc. and that $2000 be used to purchase materials and equipment for training purposes in the Police Department and $2000 be used to purchase a voice communication system for Fire Engine No. 1. Police Chief Fawcett and Fire Chief King expressed appreciation to Home Interiors for the generous gift and explained the proposed use of the money for the departments. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", accepted the donation from Home Interiors Gifts, Inc., in the amount of $2,000.00 each for the Police and Fire Departments. The donations to be used to purchase materials and equipment for training purposes in the Police Department and for a voice communication system for the Fire Department. A.6 PRESENTATION OF BOARD APPLICATIONS. No board applications were presented. Vol. 63, Page 100 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye added D.1 and D.2 to the Consent Agenda items. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda items: B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JANUARY 4, 1993. B.2 ADOPTED RESOLUTION NO. 93-008 AUTHORIZING THE CITY POLICE DEPARTMENT TO OPERATE POLICE VEHICLES WITHOUT CITY MARKINGS. B.3 ADOPTED RESOLUTION NO. 93-010 ACCEPTING A FIVE FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION DEDICATED BY MR. AND MRS. VALDEZ FOR PROPERTY LOCATED AT 2731 STARCREST LANE. B.4 ADOPTED RESOLUTION NO. 3-004 ACCEPTING A FIVE FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION DEDICATED BY MRS. JEAN JARVIS AT PROPERTY LOCATED 2634 MARIETTA DRIVE. D.1 ADOPTED RESOLUTION NO. 93-009 AUTHORIZING THE CITY MANAGER TO EXECUTIVE A WRITTEN AGREEMENT WITH THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT RELATING TO THE EXCHANGE OF A 1990 CHEVROLET AUTOMOBILE FOR FOUR HUNDRED (400) TRAINING HOURS. D.2 ADOPTED RESOLUTION NO. 93-011 AUTHORIZING THE EMERGENCY EXPENDITURE OF FUNDS FOR EMERGENCY REPLACEMENT OF A SECTION OF SANITARY SEWER MAIN AT RAWHIDE AND WEBB CHAPEL. Vol. 63, Page 101 C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the happenings and status of various projects in the departments of the city. C.2 PUBLIC HEARING: CONSIDER REQUEST OF TACO BELL CORPORATION TO CONSIDER GRANTING A SPECIFIC USE PERMIT (SUP) FOR A NON-DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW AT THE NORTHWEST CORNER OF LB7 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 presented the following information. The Taco Bell property is a .7 acre vacant lot located near the northwest corner of Midway Road and LB7 Freeway. The proposed restaurant is approximately 2,380 square feet in area, having an outside sales window along its west side. The restaurant would seat 90 customers. All of the proposed restaurant's exterior walls will be brick and approximately 22 percent of the site is to be landscaped. The applicant also proposes to erect an on-premise sign a maximum of 50 feet in height and 300 square feet in area. A variance from the PD-68 development standards is being requested to allow a pole sign fifty (50) feet in height to be placed on the site. Variances to PD-68 development standards may be requested in conjunction with site plan approval. Currently, PD-68 allows free-standing signs at a maximum height of forty (40) feet. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit for a non-drive in restaurant with outside sales window at the northwest corner of LB7 Freeway and Midway Road approximately 350 feet west of Midway Road, be approved with the condition the pole sign not exceed 50 feet in height and 300 square feet in area. Mayor Blair opened the public hearing and recognized Mr. Mark Hannon. Mr. Hannon of Hannon Engineering, Inc., 1245 Southridge Court Hurst, Texas, representative in behalf of Taco Bell, stated he was present to help answer any question. There being no one else wishing to speak, a motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", closed the public hearing. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2018 as recommended by the Planning and Zoning Commission: Vol. 63, Page 102 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED: SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW WITHIN THE PLANNED DEVELOPMENT NUMBER 68 ZONING DISTRICT AND LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD. APPROXIMATELY 350 FEET WEST OF MIDWAY ROAD ON A .769 ACRE TRACT OF LAND, PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF PRIZM ARCHITECTURE ON BEHALF 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 presented the following information. The Wendy's property is a .8 acre vacant lot near the corner of Midway Road and LBJ Freeway. The proposed restaurant is approximately 3,500 square feet in area and has a brick exterior except for a refrigerated storage module approximately 180 square feet in area which has a metal exterior and is to be located on the north side of the restaurant. Approximately 11 percent of the site is to be landscaped. An on-premise pole sign a maximum of 50 feet in height and 300 square feet in area is also proposed. A variance from the PD-68 development standards is being requested to allow a pole sign fifty (50) feet in height to be placed on the site. A variance to PD-68 development standards may be requested in conjunction with site plan approval. Currently, PD-68 allows free-standing signs at a maximum height of forty (40) feet. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit 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 be approved subject to the following conditions: 1. That a sidewalk easement at least 5 feet in width be provided along the southeast property line to accommodate the proposed sidewalk parallel to the LBJ frontage road. 2. That the proposed storage module located on the restaurant's north side be provided with a brick exterior matching that of the restaurant itself. Vol. 63, Page 103 3. That all light standards be removed from all utility easements. 4. That the proposed pole sign not exceed 50 feet in height and 300 square feet in area. Mayor Blair opened the public hearing and recognized Mr. Paul Hollman. Mr. Paul Hoffman, 4545 Fuller Drive, Las Colinas, representing Wendy's International, stated he was present for any questions or discussions of concerns. There being no one else wishing to speak, a motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Pro Tem Phelps asked Mr. Hoffman if the conditions of the Planning and Zoning Commission were acceptable? Mr. Hoffman responded that they were. Councilwoman Davis asked the time of the opening of the two restaurants. Mr. Hannon and Mr. Hoffman stated the planned opening was in April of the two restaurants. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2017 granting a Specific Use Permit for a non-drive in restaurant at the northwest corner of LBJ Freeway and Midway Road with the conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED: SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW WITHIN THE PLANNED DEVELOPMENT NUMBER 68 ZONING DISTRICT AND LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD. APPROXIMATELY 210 FEET WEST OF MIDWAY ROAD, ON A. 858 ACRE TRACT OF LAND, PROVIDING FOR CONDITIONS OF OPERATION; PROVIDINGFOR INJUNCTIVE RELIEF; PROVIDINGFOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. CA CONSIDER THE REQUEST OF BOB EVANS FARMS, INC., FOR SITE PLAN APPROVAL OF A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 (PD-68) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The Bob Evans Farms property is a .9 acre vacant lot adjacent to the Pace Membership parking lot at the corner of Midway Vol. 63, Page 104 Road and LBJ Freeway. The applicant proposes to erect an Owens Family Style restaurant, approximately 6,100 square feet in area, with seating available for 157 customers. No drive-thru service will be provided. Variances from the standards are being requested to allow a pole sign fifty (50) feet in height to be placed on the site and location of the restaurant dumpster enclosure within the required front yard setback along the LBJ service road. Variances to PD-68 development standards may be requested in conjunction with site plan approval. Currently, PD-68 allows free-standing signs at a maximum of forty (40) feet in height and allows no building structures in the front yard setback. The Planning and Zoning Commission, by unanimous vote, recommends the proposed site plan be approved with the following conditions. 1. That a sidewalk easement at least 5 feet wide be provided along the entire length of the site's south property line. 2. That the applicant expand the proposed automatic irrigation system to include the landscaped areas within public rights-of-way along the LBJ frontage road and Midway Road. 3. That should a hose bib be installed within the dumpster enclosure, a sanitary sewer drain designed to prohibit the entry of storm water shall be installed subject to City Staff approval. 4. That all pavement be concrete. 5. That a sanitary sewer easement, at least 15 feet wide, be provided generally parallel to the north property line to accommodate the proposed sewer line extension serving the subject property and its neighbors to the west. 6. That the light standard located near the northwest corner of the property be removed from the sanitary sewer easement. 7. The proposed pole sign not exceed 50 feet in height and 300 square feet in area. 8. That the proposed dumpster be permitted within the required front yard having a minimum setback of 12 feet. Mayor Blair recognized Mr. Christopher Holgate. Mr. Holgate, Regional Real Estate Manager for Bob Evans Farms, Inc., 3776 South High, Columbus, Ohio, stated he was present to answer any questions or concerns of the City Council. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No.93-006 approving the site plan for a non-drive-in restaurant without outside sales window at the northwest corner of LBJ Freeway and Midway Road with the eight (8) listed above conditions recommended by the Planning and Zoning Commission. D.1 CONSENT ITEM. Vol. 63, Page 105 D.2 CONSENT ITEM. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. The following requests were presented. City Manager Richard Escalante requested permission to travel to Austin if necessary to attend meetings with the Texas Air Control Board relating to the emissions permit amendment application submitted by Arrow Industries; and, to travel to west Texas to interview a potential Finance Director. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", granted Mr. Escalante's request to travel to Austin to meetings with the Texas Air Control Board, if needed; and, to travel to west Texas to interview a potential Finance Director. Mayor Blair presented a report of his visit to Mexico relating to getting involved in a Sister City Program with a possible city in Mexico. The two cities visited were Selaya and Guadalupe. Mayor Blair stated he did not think it would be in the best interest of the city to twin with Selaya. Selaya is an agriculture community with 85 % of the town growing and canning vegetables. Mayor Blair stated they met with the Mayor, City Council representatives, Chamber of Commerce members, and members of the Board of Trade of the City of Guadalupe. Guadalupe is a town of about 30 miles and with approximately 740,000 population. They toured and visited several industrial parks similar to facilities here in Farmers Branch. A very interesting point was that they hire youngsters after they finish the 6th grade to work with computers in their businesses who do a very good job. Mayor Blair stated that he mentioned to the Mayor, Council representatives and Chamber of Commerce officials of the possibility of forming an economic alliance with the City of Guadalupe like the one Farmers Branch has already with Markham, Canada, and they were very excited about this possibility. Approximately ten (10) representatives would like to come to Farmers Branch on March 12 and discuss this possible alliance. Mayor Blair expressed that the city should continue further investigation to find a sister city in Mexico and suggested perhaps the Guadalajara area. Mayor Blair requested that he be authorized to discuss this possibility with the Metrocrest Chamber Board of Directors, and authorized to extend an invitation to the representatives to come here March 12. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting Vol. 63, Page 106 "aye", authorized Mayor Blair to discuss with the Metrocrest Chamber of Commerce Board of Directors the possibilities of creating an economic alliance with the City of Guadalupe, Mexico; and, authorized the Mayor to extend an invitation to the representatives to come to Farmers Branch on March 12, 1993; and requested the City Staff look at plans, such as special activities that may be needed for the March 12, 1993 visit. DA CITIZEN PARTICIPATION. No one spoke. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:00 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:05 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2(g) 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. 2(G) 1. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS 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 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tern Phelps, a second by Councilwoman Davis, all voting "aye", reappointed Bill Morgan-Place 2, William Hinckley-Place 4, Allan Livingston- Place 5, and, Charles Bird-Alternate Place 2 to the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire December 1, 1994. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", reappointed Dean Nichols-Place 1, Laverne Gilbert-Place 2, and Jerry Wilcox-Place 7 Vol. 63, Page 107 to the Farmers Branch Historical Preservation and Restoration Board for a term to expire January 1, 1995. Mayor Blair stated that Jack Colbert on the Farmers Branch Industrial Development Board had not given a definite response as to serving another term. Mr. Colbert's position Place 2 will be considered at a later date. A motion by Councilman Moses, a second by Councilman Davis, all voting "aye", reappointed Mel Bailey-Place 1, Bill Binford-Place 3, Betty Thompson-Place 4, and, Ken Quevreaux-Place 5 to the Farmers Branch Industrial Development Corporation Board for a term to expire October 1, 1994. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of January 18, 1993 at 8:30 p.m.. Mayor r City Secretary Vol. 63, Page 108