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1993-05-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 17, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Calla Davis Councilmembers Ron Pyle Bill Moses Bob Phelps Nancy Hardie 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 Director of Planning Michael Spicer Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of May 17, 1993 to order at 7:30 P.M.. The meeting was televised. MAYOR'S ANNOUNCEMENT Vol. 64, Page 81 C Mayor Blair apologized for the delay in the meeting due to a reception City Council members attended for visitors from Markum, Canada. Mayor Blair stated the City of Farmers Branch and Markum, Canada have an economic alliance agreement. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF LETTER OF APPRECIATION FROM THE STATE ORGANIZATIONAL CHAIR, TEXAS AGAINST ROBIN HOOD TAXES. Mayor Blair stated Jan Woody, the State Organizational Chairperson for Texans Against Robin Hood Taxes could not be present tonight. A.3 CONSIDER ACCEPTING DONATION TO THE HISTORICAL PARK FROM THE FARMERS BRANCH WOMAN'S CLUB AND TAKE APPROPRIATE ACTION. Mayor Blair stated the Farmers Branch Woman's Club held a style show to raise funds for their annual donations. Mayor Blair stated this year the Woman's Club elected to donate $3,000 to the Historical Park for furnishings for the Victorian House. Mayor Blair stated the Director of the Parks and Recreation Department recommends accepting the donation to the Historical Park from the Farmers Branch Woman's Club. Mayor Blair introduced Mrs. Virginia Maddox, Parliamentarian and Mrs. Nancy Strickland, Chairwoman for the style show. Mrs. Maddox introduced members of the Farmers Branch Woman's Club. Mrs. Maddox presented the check to Mayor Blair. Mrs. Laverne Gilbert, Vice Chairperson of the Historical Preservation and Restoration Board accepted the check from Mayor Blair. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", accepted the donation from the Farmers Branch Woman's Club. A.4 CONSIDER PROCLAIMING MAY 16 THROUGH MAY 22 AS NATIONAL TRANSPORTATION WEEK. Mayor Blair read portions of a letter received from Member Traffic Clubs International. Mayor Blair then read the proclamation and proclaimed May 16 through May 22 as "National Transportation Week". A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Harlene Turland of the Vol. 64, Page 82 Police Department. Mayor Blair presented a ten year employee service award to Paul Lunsford of the Public Works Department. Mayor Blair presented a five year employee service award to Mike McCord of the Parks and Recreation Department. Mayor Blair presented a five year employee service award to Steven Gibson of the Police Department. Mayor Blair presented a five year employee service award to David Murry of the Parks Department. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. 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 Davis, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF APRIL 19, 1993. B.2 APPROVED THE MINUTES OF THE CITY COUNCIL MEETING OF MAY 3, 1993. B.3 ADOPTED RESOLUTION NO. 93-083 AWARDING THE BID FOR RESURFACING OF TWO TENNIS COURTS AND ONE BASKETBALL COURT IN AN AMOUNT OF $5,000. B.4 ADOPTED RESOLUTION NO. 93-085 AWARDING A BID FOR THE PURCHASE OF A SELF-CONTAINED COMPACTOR UNIT TO INDUSTRIAL DISPOSAL SUPPLY IN THE AMOUNT OF $9,174.00. B.5 ADOPTED RESOLUTION NO. 93-081 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DALLAS COUNTY UTILITY AND RECLAMATION DISTRICT TO SELL MATERIAL SALVAGED FROM THE PEPSI GAMES FLOATING STAGE. Vol. 64, Page 83 B.6 CONSIDER RESOLUTION NO. 93-088 AWARDING THE BID FOR REPLACEMENT OF TRAFFIC SIGNAL DETECTOR LOOPS AT VARIOUS LOCATIONS TO DURABLE SPECIALTIES, INC. IN THE AMOUNT OF $13,680.00. C.1 ELECT DEPUTY MAYOR PRO TEM. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye" elected Councilman Ron Pyle Deputy Mayor Pro Tem. C.2 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the departments of the City. C.3 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT NUMBER 8 (PD- 8) ZONING DISTRICT RELATIVE TO THE REGULATION OF "THRIFT STORE" WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The PD-8 zoning district allows Local Retail-1 (LR-1) uses and is located at the southwest corner of Josey Lane and Valley View Lane. In December of 1989, PD-8 was amended to allow "thrift stores" by right and to establish a definition of what constituted a thrift store within the PD-8 district. In recent months, primarily due to a proposed amendment to allow thrift stores in the neighboring PD-7 zoning district, the Planning and Zoning Commission concluded that greater regulatory control of thrift stores in the PD-8 district is desirable. A public hearing has been called to consider placing greater restrictions on the operation of thrift stores within the PD-8 Zoning District. The Planning and Zoning Commission, by unanimous vote, recommends the PD-8 zoning district be amended to allow only "non-profit thrift stores" with a Specific Use Permit (SUP), restrict the number of such stores to one (1) within the zoning district, limit the size of the store to a maximum of 11,500 square feet in area, allow the continued operation of the existing Salvation Army Thrift Store located at 12895 Josey Lane, Suite #245 and define "Non-Profit Thrift Store" as "a private corporation formed and operating pursuant to the Texas Non-Profit Corporation Act which is engaged primarily in the sale of donated goods or merchandise and which is authorized as a tax exempt organization under Section 501 (C) (3) of the Internal Revenue Code". Mayor Blair opened the public hearing. Mr. Olden Wagner, owner of Savers Thrift, stated he is interested in opening a business Vol. 64, Page 84 in Farmers Branch. Mr. Wagner stated this amendment to the ordinance would make this area exclusionary and favors only the Salvation Army and Goodwill. Mr. Wagner felt this ordinance would be discriminatory. Mr. Wagner also explained this would damage other charities who are involved. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", closed the public hearing. Mayor Pro Tem Davis asked if under this proposed amendment Salvation Army wanted to expand their current operation. Mr. Michael Spicer, Director of Planning, stated this ordinance would preclude this from occurring. Mayor Pro Tem Davis stated this may be too exclusive by not allowing stores to grow. Mr. Spicer stated staff's directions were to allow those that exist to continue and restrict any additional businesses. Mr. Spicer stated City Council could modify this ordinance to allow expansion to occur. Mayor Pro Tem Davis stated this was over regulating businesses. Mayor Pro Tem. Davis stated if a business did well, they could not expand their business. Mayor Pro Tem Davis asked if the section on size in this ordinance could be eliminated and still require existing business to conform. Mr. Spicer stated it could be removed but if a business left their successor could have the same opportunity to expand as well. Mayor Pro Tem Davis felt this was very prohibitive without a representative here from the Salvation Army or Goodwill on the next agenda item. Mr. Spicer stated staff had discussed the proposed ordinance with the Salvation Army and Goodwill and they understand the ramifications. Mayor Pro Tem Davis asked if staff specifically asked if they wanted to expand. Mr. Spicer stated the Salvation Army did expand a few months ago. Mayor Pro Tem Davis stated she had a problem with limiting expansion if a businesses needed to grow and then move out of Farmers Branch. City Manager Richard Escalante stated this provision does not apply solely to the Salvation Army. Mr. Escalante explained when a thrift store applied across the street, a question was raised on how large or what percentage of the shopping center could be Vol. 64, Page 85 devoted to this type use without having an adverse impact on other uses. Mr. Escalante stated if no limitation is provided a thrift store could take up the entire shopping center. Mayor Pro Tem Davis stated the Salvation Army just expanded and if they want to expand later they would not be able to under this proposed ordinance and may move out of Farmers Branch. Mayor Pro Tem Davis asked why not put a limit that a non-profit business could not expand more than 10% to 12% of the entire area. Mayor Blair stated this issue came about when a visit to Irving revealed nothing but thrift stores in an entire section of the City. Mayor Blair stated the City Council discussed having a more restrictive limitation. Mayor Blair stated these were the instructions the City Council issued to the Planning and Zoning Commission. Mayor Pro Tem Davis felt there should be some provision in the ordinance to allow a business to come back before the City and ask for an expansion. Mayor Blair stated that anyone has that right to ask for a change in the ordinance. Mayor Blair stated he saw nothing wrong with asking for a change. Mayor Pro Tem Davis stated this was over regulation and felt a business should not have to ask for an amendment to an ordinance just because they wanted to expand. Mr. Escalante stated the City Council set a standard and staff will apply that standard. Mr. Escalante explained if City Council felt 11,500 square feet would not work another number should be inserted. Mr. Boyle stated the principle is if the City is going to incorporate a Specific Use Permit as part of the PD all Specific Use Permits incorporate a specific delineated boundary. Mr. Boyle explained that in order to amend that, it is necessary to come in and request an amendment. Mr. Boyle stated all Council is only doing here is recognizing the Salvation Army as a legal existing and valid use so they do not have to come in and ask for a Specific Use Permit. Councilman Phelps stated he felt Staff did what Council told them to do. Councilman Phelps stated he would like to here comments on the gentlemen's statement that this ordinance is discriminatory. Mr. Boyle stated he had reviewed the ordinance and to some extent all zoning has a level of discrimination but it is available to everyone. Mr. Boyle stated Council is putting within the PD a limitation on the amount or percentage what total could be developed for this particular use which is no different than deciding the density of residential and a multi-family area. Mr. Boyle stated only if Council were setting it aside for the Salvation Army would you have a discriminatory ordinance. Mr. Boyle stated the framework of this ordinance is available to anyone. Vol. 64, Page 86 A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye adopted the following captioned Ordinance No. 2049 amending the PD-8 zoning district 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 INDICATE "NON-PROFIT THRIFT STORE" AS AN ALLOWED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT AND BY ESTABLISHING THE MAXIMUM AREA WHICH MAY BE DEVOTED TO SUCH USE; ALLOWING FOR THE CONTINUED OPERATION OF THE LEGAL AND EXISTING SALVATION ARMY THRIFT STORE; REPEALING ORDINANCE NUMBER 1860; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO PERMITTING "NON-PROFIT THRIFT STORE" AS AN ALLOWED USE IN THE PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT AND ESTABLISHING ASSOCIATED REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On January 4, 1993 the Council directed the Planning and Zoning Commission to initiate the process to amend PD-7 in a manner that would enable the existing Goodwill Store to continue to operate and to establish standards for the district that protect values within the district and the adjacent neighborhood. Proposed Ordinance Number 2030 has been prepared which would amend the PD-7 district to allow a "non-profit thrift store" with a Specific Use Permit, restrict the number of such stores to one (1) within the zoning district, and limit the maximum area of the store to five thousand five hundred (5,500) square feet. The proposed ordinance defines "non-profit thrift store" as "a private corporation formed and operating pursuant to the Texas Non-Profit Corporation Act which is engaged primarily in the sale of donated goods or merchandise and which is authorized as a tax exempt organization under Section 501 (c)(3) of the Internal Revenue Code". The Planning and Zoning Commission, by unanimous vote, recommends adoption of proposed Ordinance Number 2030, which amends PD-7 to allow a "Non-Profit Thrift Store" with a Specific Use Permit, defines the use, and limits the number and area of the use as stated above. Vol. 64, Page 87 Mayor Blair opened the public hearing. Mr. Olden Wagner stated as you read the ordinance the City restricts the district to one and that being Goodwill Industries. Mr. Wagner stated there are over 700 active charities and many have affiliations with thrift stores. Mr. Wagner stated that another item that merges with this PD is the sale of used merchandise. Mr. Wagner stated that most people don't recognize but there are currently sales of used merchandise at each one of the corners of this intersection that are not in compliance with the zoning ordinance as it is written. Mr. Wagner stated there is a fine of $2,000 for the sale of used merchandise and just today there was the sale of used merchandise at the intersection and in other areas of Farmers Branch. Mr. Wagner felt the ordinance is not upheld, fines are not enforced, and the sale of used merchandise is condoned. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair asked if Mr. Wagner could give the Council an example of someone selling used merchandise. Mr. Wagner stated that Goodyear Tire Store sells used tires, Cox Video sells used videos, there is a store that sells and rents prom dresses, tuxedos and formal wear, there was a baseball card shop that sold used baseball cards and an automobile parts store that sells new and used parts. Mr. Wagner stated that all along 7osey Lane there are stores that sell used coins, stamps, and jewelry. Mr. Boyle stated that incidental or miscellaneous sale of used items do not constitute a principal use and would not constitute a violation of the zoning ordinance. Mr. Boyle stated zoning issues deal with the principal use of the business. Mr. Escalante explained these two ordinances only cover a very small part of the commercial area of the City. Mr. Escalante stated if this type use is not permitted in other areas of the City, the applicant has the right to request an amendment. Mayor Pro Tem Davis stated that a bookstore located in the shopping center next to Turners Hardware, sells many used books. Mayor Pro Tem Davis stated they may sale some new books also. Mr. Wagner stated he had forgotten to mention the bookstore. Mr. Wagner stated a business such as Half Price Books and Records would not qualify under this ordinance to come into Farmers Branch. Councilwoman Hardie stated Council was only looking at "non-profit" organizations rather than for profit businesses. Councilwoman Hardie asked if this would come into play by separating non-profit from profit businesses. Vol. 64, Page 88 Mr. Boyle stated the principal uses currently allowed do not allow for a principal use of used merchandise. Mr. Boyle stated the Council is only giving these two stores a category to make them legal uses in the two PD districts. Mayor Pro Tem Davis asked how the bookstore received their certificate of occupancy. Mr. Tom Scales stated he did not know at this time but would research the certificate of occupancy for the bookstore. Mayor Pro Tem. Davis stated she would have a problem with this ordinance if the bookstore were not allowed to remain. Mr. Boyle stated the City Council is to consider tonight only whether to allow the sale of used merchandise. Mr. Boyle stated there has not been any authorization to sale used merchandise. Mr. Boyle stated this ordinance would not make it more stringent. Mr. Escalante explained this ordinance has nothing to do with "for profit" businesses such as the bookstore. Mr. Boyle stated the Council would be expanding the use and not limiting uses. Mr. Boyle stated the ordinance does not make anything illegal tonight. Mayor Pro Tem Davis stated Council has pushed the Economic Development Department for retail in shopping centers and felt this was opening a can of worms. Mr. Tom Scales stated that not all uses are listed in the Zoning Ordinance. Mr. Scales stated that often City staff makes a decision on what is retail and what is not. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2030 Ordinance Number 2030, which amends PD-7 to allow a "Non-Profit Thrift Store" with a Specific Use Permit, defines the use, and limits the number and area of the use as stated above. 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 INDICATE "NON-PROFIT THRIFT STORE" AS AN ALLOWED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT AND BY ESTABLISHING THE MAXIMUM AREA WHICH MAY BE DEVOTED TO SUCH USE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF, AND DECLARING AN EFFECTIVE DATE. Vol. 64, Page 89 C.5 PUBLIC HEARING: CONSIDER GRANTING A SPECIFIC USE PERMIT (SUP) FOR A "NON-PROFIT THRIFT STORE" (THE EXISTING GOODWILL STORE) LOCATED AT 13000 JOSEY LANE, SUITE 106-A, OF THE VALLEY VIEW VILLAGE SHOPPING CENTER AND WITHIN PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The existing Goodwill Store is a non-profit thrift store located at 13000 Josey Lane, Suite 106-A. In order that the store may be brought into full compliance with the Comprehensive Zoning Ordinance, an SUP must be granted. The Goodwill Store complies with all provisions set forth in Ordinance Number 2030 which limits such stores to a maximum size of 5,500 square feet and establishes a definition of a non-profit thrift store. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be granted. Mayor Blair opened the public hearing. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2054 granting a Specific Use Permit for a "Non-Profit Thrift Store" at 13000 Josey Lane, Suite 106-A. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A NON-PROFIT THRIFT STORE LOCATED AT 13000 JOSEY LANE, SUITE 106-A OF THE VALLEY VIEW VILLAGE SHOPPING CENTER AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY CLAUSE; 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.6 PUBLIC HEARING: CONSIDER REQUEST BY ROBERT A. MULLEN FOR A SPECIFIC USE PERMIT FOR AN "AUTOMOTIVE GENERAL REPAIR FACILITY" AT 13700 GAMMA ROAD WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Mr. Mullen owns and Vol. 64, Page 90 operates a specialized Audi and Volkswagen automobile repair business presently located on Joe Field Road in Dallas. He intends to move the business to an existing 12,000 square foot masonry building located at 13700 Gamma Road. The site is a 0.7 acre parcel located in a Light Industrial zoning district. No changes to the building's exterior or the grounds are proposed. Existing development in the vicinity of the proposed site includes a mix of office, showroom, warehouse, and light manufacturing uses. All neighboring properties are also zoned Light Industrial (LI). LI zoning allows a variety of automobile related uses by-right including paint and body shops, brake and alignment, muffler shops and tire retreading and recapping. However, an SUP is required for general automotive repairs. The Planning and Zoning Commission, by unanimous vote, recommends the SUP be approved with the following conditions: 1. All aspects of the business shall fully comply with the performance standards set forth in the Comprehensive Zoning Ordinance relative to noise, odorous matter, toxic and noxious matter and glare for the LI zoning district. 2. Signage, in addition to name plate and directional signs as regulated by the Comprehensive Zoning Ordinance, shall be limited to one (1) on-premise sign not to exceed two hundred (200) square feet in area. 3. No automotive repair shall take place outdoors. 4. Outdoor storage of vehicles shall be prohibited anywhere on site. Mayor Blair opened the public hearing. Mr. Mullen explained he owns and operates an automotive repair business in Dallas. Mr. Mullen stated he would like to buy a building located in Farmers Branch to move his business. Mr. Mullen stated he had been in the automotive repair business for 25 years and had been located in the same location for 20 years. Mr. Mullen stated there would be no body work to automobiles, no tires installed on cars, no one would be buying automotive parts from old cars and put on customers cars. Mr. Mullen stated any vehicles left overnight would be stored in the building. Mr. Mullen stated he has between six and ten customers per day. Mr. Mullen stated he would have no banners or balloons advertising his business. Mr. Mullen explained he does no advertising to promote his company. Mr. Mullen stated he would stock two different type batteries on the location which will equip most vehicles he repairs. Mr. Bob Darrouzet of the Robert Lynn Company stated originally two property owners Vol. 64, Page 91 had opposed this request but he now had their approval. Mrs. Dawn Mullen stated she was in charge of the administrative duties for their business. Mrs. Mullen stated their business was a clean operation. Mr. James Johnson stated he owns property near the applicant. Mr. Johnson stated he was an investor and felt this operation was not appropriate for the area. Mr. Johnson stated he had experience with automotive repair shops because he had leased his building and within 60 days he had informed the automotive repair tenant to move out. Mr. Johnson stated he was opposed to the request. Mr. Spicer stated staff had an update on the mailed notices. Mr. Spicer stated that 29% of the land area and owners had returned the mailed notices opposing the applicant. Mr. Spicer stated it would take four votes by the City Council to grant the Specific Use Permit. Mr. Darrouzet stated a vacated building was a much more detriment to the area than an operation of this type. Mr. Darrouzet explained Mr. Mullen was purchasing the property and City Council would be dealing with an owner and not just a tenant. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. Mayor Blair stated this type business has been requested in the past. Mayor Blair stated he had received no complaints from these type businesses in Farmers Branch. Mayor Blair asked if the City had received complaints on these type businesses. Mr. Tom Scales stated the City had received no complaints from owners in the area. Mr. Phelps stated that Mr. Johnson had mentioned a body shop operation. Mr. Phelps stated he understood there would be no body shop involved. Mr. Spicer stated no body shop would be located in the building. Councilman Pyle asked Mr. Mullen if he were aware of the PID assessment in the area. Mr. Mullen stated he was aware of the PID assessment and had not objection to the PID. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2051 granting a Specific Use Permit for an automotive general repair facility at 13700 Gamma Road with the conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, Vol. 64, Page 92 AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE GENERAL REPAIR FACILITY IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT AT 13700 GAMMA ROAD; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.7 PUBLIC HEARING: CONSIDER AMENDING PLANNED DEVELOPMENT NUMBER 30 (PD-30) ZONING DISTRICT TO ALLOW "USED CAR SALES LOT" WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The PD-30 zoning district is generally bounded by the City limits to the north, Stemmons Freeway to the west, Denton Drive to the east and Valley View Lane to the south. Presently, PD-30 allows a broad range of uses including Light Industrial, Office, and Retail, but does not list "Used Car Sales Lot" as an allowable use. The Planning and Zoning Commission initiated the zoning process to consider amending the PD-30 zoning district to allow "Used Car Sales Lot" within the zoning district. PD-30 is within the Old Farmers Branch Area currently being studied by a special task force charged by the City Council to develop a recommendation for a plan, including zoning, to help revitalize the area. That recommendation is not complete and has yet to be forwarded either to the Planning and Zoning Commission or City Council for consideration. The Planning and Zoning Commission, by a 6 to 1 vote, recommends that PD-30 be amended to allow "used car sales lot" within the zoning district with a Specific Use Permit. Staff recommends that consideration of amendment of PD-30 be postponed until after the task force issues its recommendation(s) (estimated at 60 days). However, should the Council desire at this time to amend the district, Staff recommends, in addition to a specific use permit being required, that associated standards be established which would serve to enhance the appearance of used car lots and help ensure compatibility with neighboring properties. Such standards should include landscaping, screening, prohibiting used car sales directly along Stemmons Freeway, Valley View Lane, and Valwood Parkway. 0 Mayor Blair opened the public hearing. Vol. 64, Page 93 Mr. Spicer stated there were two options the City Council could consider. Mr. Spicer stated the first option is to allow used vehicles sales only within a certain distance from the highway with a Specific Use Permit. Mr. Spicer stated the second option is to prohibit used vehicle sales in the PD-30 zoning district with certain standards such as screening and landscaping. A motion by Councilman Pyle, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. Mayor Blair made a motion to send this back to the Planning and Zoning Commission to study more specific standards. The motion died for a lack of a second. Mayor Pro Tem Davis stated the concern with implementing standards were because of the gateway into Farmers Branch. Mayor Pro Tem Davis stated that along Denton Drive standards maybe hard to set because the lots are too shallow. Mayor Blair stated that Denton Drive is going to be rebuilt. Mayor Blair stated the plans have been submitted to Engineering. Mr. Spicer stated his understanding was the reconstruction of Denton Drive would be within the next 18 to 20 months. Mayor Pro Tem Davis explained there would be a hardship on businesses with the reconstruction of Denton Drive. Mayor Pro Tem Davis stated she had no problem with Valley View, Valwood Parkway and Stemmons having more restrictions than along Denton. Mayor Pro Tem Davis felt Farmers Branch should offer some place where small businesses can go in without something so fancy and expensive. Mayor Blair stated he would just like to see some standards set. Mayor Blair stated there were no standards set at all. Mayor Blair felt the City should pay attention and set some type of standards. Mayor Pro Tem Davis stated she understood the City is trying to upgrade the area, but some point in time there are businesses who cannot afford to upgrade. Mayor Pro Tem stated minimum standards would be more appropriate. Councilwoman Hardie stated she had served on the task force and understood they were very near to bringing this report to Council and would agree with staff's recommendation to table this consideration until Council has had an opportunity to hear this report. Councilwoman Hardie also explained the transportation sub-committee would have a information on Denton Road reconstruction. Councilwoman Hardie stated there are mixed uses in this area which allows different levels of uses. Mayor Pro Tem Davis asked if the task force would also be submitting a proposed Vol. 64, Page 94 ordinance. Mr. Spicer stated the task force was to implement recommendations of the City Council which evolved from the RTKL study. Mr. Spicer stated the task force would submit a combination of things including a proposed ordinance and recommendation. A motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", recommended a 60 day delay on this item until a report could be submitted by the task force. Councilman Phelps asked for an amendment to this motion to allow 90 days for the report to be submitted. A motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", recommended a 90 day delay on this item until a report could be submitted by the task force. C.8 CONSIDER ADOPTING RESOLUTION NO. 93-056 AUTHORIZING ADDITIONAL AUDITING FEES IN THE AMOUNT OF $6,105 TO ARTHUR ANDERSEN AND COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. This item was presented at the April 5, 1993, City Council meeting and was tabled for further discussion. Resolution No. 92-096 authorized the City Manager to sign an engagement letter with Arthur Andersen and Company to conduct audit services through fiscal year 1996. That agreement provided for an audit services fee of $21,500 and hourly rates to be charged if an increase in the scope of services occurred. According to Arthur Andersen, the resignation of the Finance Director expanded the scope of services. An additional fee of $6,105 has been requested. Arthur Andersen has previously advised the City of this increase and has noted that their actual expense overrun exceeded $6,105. Staff recommends adopting Resolution No. 93-056 authorizing additional auditing fees to Arthur Andersen and Company in the amount of $6,105. Mayor Blair stated that Arthur Andersen had informed the City Manager in December of 1992 it would be necessary to charge an additional $5,000. Mayor Blair stated this item was tabled to allow the City Manager to question Arthur Andersen on the additional expenditures over $5000. A motion by Mayor Blair, a second by Councilman Phelps, all voting "aye", authorized the City Manager to negotiate with Arthur Andersen on the overage in the amount of $1105. Vol. 64, Page 95 C~ D.1 CONSIDER ORDINANCE NO. 2052 APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF FARMERS BRANCH, TEXAS, AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On January 22, 1993, Texas Utilities Company (TU Electric) filed for a 15.3% rate increase with the Texas Utilities Commission and the City of Farmers Branch. On February 15, 1993 the City Council passed Resolution Number 93-025 which suspended TU Electric's rate increase for 90 days from February 26, 1993 and called a Public Hearing to discuss the proposed rate increase on March 15, 1993. The Public Hearing was held. The City Council authorized the city to spend an amount not to exceed $2,400 to be combined with funds from other cities served by TU Electric to study the proposed rate increase. TU Electric has requested an additional $760 million in revenue. The Cities' rate consultants indicate that the request should be approximately $278 million prior to prudence, fuel and other adjustments that should lower the amount. The rate proposal will be heard before the Public Utilities Commission in the near future. Ordinance Number 2052 will retain electric rates at their present level pending the Public Utility Commission's findings. The Assistant City Manager recommends adopting Ordinance Number 2052 that denies TU Electric's proposed rate increase. A motion by Councilman Pyle, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance Number 2052 that denies TU Electric's proposed rate increase. AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES. D.2 CONSIDER ADOPTING RESOLUTION NO. 93-086 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN VARIOUS STREETS TO PAVEMENT SPECIALISTS, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Public Works Department is involved in a long-range pavement maintenance program. One goal of the program is to seal joints and cracks in 26 lane miles of streets each year. 26.2 lane miles were sealed last year at a cost of $94,910.00 To continue the program in 1992-1993, bid requests were mailed to eight vendors. Two bids were received and opened on May 7, 1993. Both bids met specifications. The Vol. 64, Page 96 lowest bid meeting specifications was submitted by Pavement Specialists, Inc., in the amount of $108,516.00. Funds in the amount of $95,000.00 are available in the 1992-1993 Public Works operating budget specifically to finance the project. Since the lowest bid for 28 lane miles of sealing exceeds the budgeted amount, staff recommends that the City exercise its option to award the bid on a lesser number of streets and bring the contract within the 26 lane mile goal and within $3,961.00 of budget. Additional funds are available in the Street Division operating budget to allow a bid award which will seal 26.4 lane miles at a cost of $98,961.00. The Director of Public Works recommends adopting Resolution No. 93-086 awarding the bid for cleaning and sealing of joints and cracks in various streets to Pavement Specialists, Inc., in the amount of $98,961.00. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 93-086 awarding the bid for cleaning and sealing of joints and cracks in various streets to Pavement Specialists, Inc., in the amount of $98,961.00. D.3 CONSIDER ADOPTING RESOLUTION NO. 93-082 AWARDING THE BID FOR DREDGING THE WINN PARK LAKE TO M.A. VINSON CONSTRUCTION CO., INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Eleven requests for bids were mailed to contractors, four bids were received and opened on April 5, 1993. The low bidder was M.A. Vinson Construction Co., Inc. submitting a bid of $99,950 with contract time of 45 calendar days. M.A. Vinson Construction Co., Inc. has provided adequate qualifications and references for similar work. This project will include removal and disposal of the accumulated sediments from the Winn Park Lake. There is $75,000 available in the 1992-93 Non-Bond Capital Improvement Fund. The additional $24,950 is available in the Non-Bond Fund Contingencies. The increase in costs is due to the amount of sediment found in the lake and lack of interested parties to purchase the material from the contractors. The City Engineer recommends awarding the bid for dredging Winn Park Lake to M.A. Vinson Construction Co., Inc. in the amount of $99,950. A motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted Resolution 93-082 awarding the bid for dredging Winn Park Lake to M.A. Vinson Construction Co., Inc. in the amount of $99,950. Vol. 64, Page 97 Councilman Pyle asked staff how often the lake should be dredged. Assistant City Manager John Burke stated this was the second time the lake had been dredged. Mr. Burke stated the City has a program to have the lakes dredged every six years. Mayor Blair stated that prior to the channelization of the creek erosion ended up in the creek and the channelization should help the problem considerably. Mayor Pro Tem Davis asked if the erosion in Mallon Park was from dams which released the silt into the lakes. Mr. Burke stated he did not know if this was a major contributor but stated another factor to consider was the heavy rains. Mr. Burke stated the City had lots of rain this past year. Mr. Escalante stated as long as there are lakes the City constructs, the City can expect the lakes will need to be dredged every five or six years. Mr. Escalante stated weather does have an effect on the lakes. DA CONSIDER ADOPTING RESOLUTION NO. 93-084 AWARDING BIDS FOR THE ANNUAL SUPPLY OF CONCRETE CONSTRUCTION MATERIALS TO LOFLAND COMPANY, TEXAS CONTRACTORS SUPPLY, AND BARNSCO AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Bid requests for the purchase of concrete construction materials were sent to eleven vendors. Four bids were received and opened and all items bid met specifications. Seven vendors declined to bid for various reasons. The bid is based on estimated quantities since needs for each item fluctuate each year. The total of the low bid estimates is $15,169.40. Lofland Company submitted the lowest bids for items 8 and 20 for an estimated amount of $284.40. Texas Contractors Supply submitted the lowest bids for items 13 thru 17, 21, and 23 thru 28 for an estimated amount of $7,775.55. Barnsco submitted the lowest bids for items 1 thru 7, 9 thru 12, 18, 19, and 22 for an estimated amount of $7,109.45. Funds in the amount of $30,055.50 are available in the 1992-1993 Public Works budget for this purchase. The total award will not exceed $20,000.00. The Department of Public Works recommends adopting Resolution No. 93-084 awarding bids for the annual supply of concrete construction materials to the low bidder for each item. The low bids are from Lofland Company for an estimated amount of $284.40, Vol. 64, Page 98 Texas Contractors Supply for an estimated amount of $7,775.55, and Barnsco for an estimated amount of $7,109.45. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-084 awarding bids for the annual supply of concrete construction materials to the low bidder for each item. The low bids are from Lofland Company for an estimated amount of $284.40, Texas Contractors Supply for an estimated amount of $7,775.55, and Barnsco for an estimated amount of $7,109.45. D.5 CONSIDER ADOPTING RESOLUTION NO. 93-089 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DALLAS COUNTY TAX ASSESSOR-COLLECTOR TO PROVIDE TAX COLLECTION SERVICES FOR THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. City staff has been pursuing negotiations with Dallas County for the provision of consolidated property tax collection services and to appoint the Dallas County Tax Assessor- Collector as the City's Tax Assessor-Collector beginning with the 1993-94 fiscal year. The County will provide property tax collection services for $1.00 per tax account. There are approximately 13,000 tax accounts in Farmers Branch, therefore, the estimated annual cost will be $13,000. Additionally, there will be a one-time charge of $6,500. As the City began pursuing this agreement, reductions in staff were made. In 1990-91, the Tax Division expenditures were $229,000. The 1992-93 budget was reduced to $114,800. If this agreement is approved the 1993-94 budget will be less than $100,000. Additional savings will be realized through the elimination of a need to purchase new tax software. Staff recommends adopting Resolution No. 93-089 authorizing the City Manager to execute an interlocal agreement with the Dallas County Tax Assessor-Collector to provide consolidated tax collection services for the City. The annual savings by contracting collections to the County is estimated to be $90,300 in 1993-94 and $76,800 each year thereafter. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 93-089 authorizing the City Manager to execute an interlocal agreement with the Dallas County Tax Assessor-Collector to provide consolidated tax collection services for the City. D.6 CONSIDER ADOPTING RESOLUTION NO. 93-090 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT WITH RAUSCHER Vol. 64, Page 99 PIERCE REFSNES FOR FINANCIAL ADVISORY SERVICES RELATED TO THE ISSUING OF REVENUE BONDS FOR IMPROVEMENTS WITHIN THE PUBLIC IMPROVEMENT DISTRICT (P.I.D.) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. City staff has requested proposals for financial advisory services related to the issuing of revenue bonds for improvements within the Public Improvement District. Proposals were requested from Rauscher Pierce Refsnes, Inc., a Dallas based firm, and George K. Baum & Company, a Denver based company. Both companies employ advisors previously associated with Kirchner Moore, who served as the City's previous P.I.D. financial advisor. The corporate entity of Kirchner Moore no longer exists having been purchased by George K. Baum & Company. City staff has evaluated the proposing firms on their ability to provide a high level of service, experience with Public Improvement District financing and reasonableness of cost. Based upon these criteria, City staff recommends Rauscher Pierce Refsnes, Inc., as financial advisor for the issuing of revenue bonds for improvements within the P.I.D. A motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted Resolution 93-190 which approves Rauscher Pierce Refsnes, Inc., as financial advisor for the issuing of revenue bonds for improvements within the P.I.D. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no reports or requests. D.8 CITIZEN PARTICIPATION. Councilman Moses stated he did not cast a vote on agenda item C.7 because he is renting an office in that area. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. 2. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. 3. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 4. DISCUSS APPOINTMENT TO THE FARMERS BRANCH HOUSING FINANCE CORPORATION BOARD OF DIRECTORS. 1. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. Vol. 64, Page 100 Place 7 on the Board is vacant. This position is an appointee of the Farmers Branch City Council. The term of Place 7 will expire in December, 1994. 2. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. The term of Place 1 and Place 2 expires May, 1993. Place 1 is served by Roy Patton. Place 2 is vacant. The positions will serve a three (3) year term. 3. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. The term of Place 1 served by Leonard Abbey, Place 2 served by Donna Milton, and Place 6 served by Clyde James will expire May, 1993. The positions will serve a two (2) year term. 4. DISCUSS APPOINTMENT TO THE FARMERS BRANCH HOUSING FINANCE CORPORATION BOARD OF DIRECTORS. At the last City Council meeting, Roger Harper was appointed to serve the unexpired term of Place 2, vacated by Jack Colbert, on the Farmers Branch Industrial Development Corporation Board of Directors. The Board members of the Farmers Branch Development Corporation serve as the members of the Farmers Branch Housing Finance Corporation Board. All terms of the Housing Finance Corporation Board and the Industrial Development Corporation Board are to expire October, 1994. E.lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS PENDING AND CONTEMPLATED LITIGATION RELATIVE TO CITY OF FARMERS BRANCH VS. JONG PARK (LONDON PLACE APARTMENTS). City Attorney John Boyle will present a status report on this litigation. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", adjourned the City Council meeting of May 17, 1993, at 9:48 P.M. Vol. 64, Page 101 r1 L~ 4 Ck- ~ Mayor ty Secretary Vol. 64, Page 102