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1975-12-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING December 15, 1975 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: John Dodd Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M, West City Secretary J. W. Wade City Attorney Doug McCallon Director of Staff Services Glenn. Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of December 15, 1975 to order at 7:39 P. M. . AGENDA ITEM NO. 1. -INVOCATION J. W. Wade gave the invocation. DECLARING AN EMERGENCY AND PLACING ITEM ON AGENDA After some discussion, a motion by Councilman Quevreaux, a second by Council- man Linn, all voting "aye", declared an emergency and placed on the agenda as Item No. 7. a. - Consider Tabling Agenda Item. No. 8. -Consider Amended Subdividers Contract and Acceptance of Easements from Brookhaven Medical Center; AND Agenda Item No. 9. - Consider Establishing a Hospital Authority and "Appointing Members to the Board. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - November 17, 1975 After some consideration, a motion by Councilman Binford, a second by Council- man McClung, all voting "aye", approved the minutes of the City Council meeting of November 17, 1975 as submitted. MAYOR PRO TEM LINN PRESENTED A PLAQUE OF APPRECIATION TO RAYOR GRIMMER ON THE BEHALF OF THE GREATER DALLAS COUNTY LEAGUE OF MUNICIPALITIES FOR HAVING SERVED THIS PAST YEAR -AS PRESIDENT FOR THE LEAGUE. Vol. 25, Page 1. AGENDA ITEM NO. 3. -PUBLIC HEARING: TO CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO OPERATE A PRIVATE CLUB IN AN LR-2 ZONING DISTRICT. PROPERTY LOCATED AT 224 VALWOOD VILLAGE SHOPPING CENTER. REQUESTED BY VALWOOD BOWLING LANES. Mayor Grimmer opened the public hearing to consider a request for a specific use permit to operate a private club in the Valwood Bowling Lanes. There were no representatives present to present the request for Valwood Bowling Lanes. Mayor Grimmer asked if there was anyone present wishing to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone present wishing to speak in opposition of the request. 'There were approximately 8 hands raised in opposition of the request. The following spoke: Rev. Cecil Adrian, pastor of Valwood Church of the Nazarene, opposed the request because he opposes having alcholic beverages available in any place in Farmers Branch. Mayor Grimmer stated that a petition had been submitted from the Bowling Baptist League at Valwood Lanes opposing the request. The Planning and Zoning Commission recommended the request be denied. A motion by Councilman. Dodd, a second by Councilman Quevreaux, all voting "aye closed the public hearing. After some discussion, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", denied the request for a specific use permit to operate a private club requested by Valwood Bowling Lanes. AGENDA ITEM NO. 4. -PUBLIC HEARING: TO CONSIDER REQUEST OF RED LOBSTER INNS OF AMERICA FOR A SPECIFIC USE PERMIT TO OPERATE A PRIVATE CLUB IN A PD-16, (S-15), LR-2 ZONING DISTRICT. PROPERTY LOCATED AT 2833 L. B. J. FREEWAY, FARMERS BRANCH, TEXAS. Mayor Grimmer stated that the City had a request from Red Lobster Inns of America to withdraw their request for a specific use permit to operate a private club at 2833 L. B. J. Freeway. Mr. Jerry Prager, 3710 Republic Bank Tower, attorneys for Red Lobster Inns of America,, Inc., stated that Red Lobster Inn at 2833 L. B. J. Freeway would like to withdraw their request for a specific use permit to operate a private club at this time, A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", granted the request of Red Lobster Inns of America, Inc, to withdraw their request for a specific use permit. Vol. 25, Page 2. AGENDA ITEM NO. 5. - DISCUSS RAT ERADICATION PROGRAM. City Manager Paul West stated that the City Staff working with Mr. Jan Loven, State Rodent Control Specialist for the Dallas County area, and taking some suggestions from Mrs. Carolyn Paris, have put together a program on Rodent Eradication. A slide presentation was presented on recommendations for a City Rodent Control Program. A copy of the recommendations is attached to this page. After a brief discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting °faye", approved the recommendations as a City Rodent Control Program. AGENDA ITEM NO. 6. -PUBLIC HEARING: CONSIDER WHETHER THE ZONING SHOULD BE CHANGED FROM PD-12 AND PD-13 (MF-2) TO PLANNED DEVELOPMENT ZONING DISTRICT WITH USES ALLOWED AS SHOWN ON APPROVED SITE PLAN, OR ANY OTHER DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE OR HEIGHT ON THE FOLLOWING TRACT: OAKBROOK-ON-BROOKHAVEN, PHASE 1-B, PHASE 1-C, AND PHASE III AS PLATTED AND RECORDED WITH THE COUN 17Y OF DALLAS AND CONTAINING 77.041 ACRES OF LAND MORE OR LESS. Mayor Grimmer opened the public hearing to consider the request as stated in the above caption Mayor Grimmer stated that Mr. Eugene Spector, a representative of the Oak- brook-On-Brookhaven Homeowners Association and Mr. Louis Nichols, attorney for the Hemisphere Corporation developers of the Oakbrook-On-Brookhaven development, have requested a 30-day continuance of the Public Hearing to allow study of the proposed site plan and to prepare alternate proposals. The Planning and Zoning Commission has continued the Public Hearing for the rezoning of Oakbrook-On-Brookhaven to the first meeting in January. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting °faye", continued the public hearing on the rezoning of Oakbrook-On-Brookhaven until January 19, 1975. AGENDA ITEM NO. 7. -HEAR PROGRAM ON THE POLICE DEPARTMENT. A program was shown in the way of a movie presentation that had been prepared by members of the Police Department. It is an informative program on the activities and services of the Police Department which will be available for presentation to various civic organizations upon their request. AGENDA ITEM NO. 7, a. -CONSIDER TABLING AGENDA ITEM NO. 8. - CONSIDER AMENDED SUBDIVIDERS CONTRACT AND ACCEPTANCE OF EASEMENTS FROM BROOKHAVEN MEDICAL CENTER; AND AGENDA ITEM NO. 9. =CONSIDER ESTABLISHING A HOSPITAL AUTHORITY AND APPOINTING MEMBERS TO THE BOARD. Councilman Quevreaux made a motion to table Item No. 8 and No. 9 because he feels that more time is needed to study the considerations. After some discussion, the motion died for the lack of a second. Vol. 25, Page 3. Jim FcO- RMcRs i3Rc7^ IC34 j RECOMMENDATIONS FOR CITY RODENT CONTROL PROGRAM 1. Public Property Survey Invite Urban Rodent Control Specialist, to inspect City owned property and to make written recommendations for control of rats on City property. 2. Special inspection - Upon the request of any citizen, the City may inspect the inside of citizen°s home for rats. If evidence of rat infestation is found inside the home, City inspector shall offer information and alternatives available for rodent eradication. *NOTE: Wile in the home, City Inspector may use rat pamphlet in suggesting possible places where rats entered home and in providing citizen information about rats. 3. Ten Minute educational slide program - may be presented, upon request, to Civic and business clubs, PTA's, and other organi-- zationsF and to block meetings in citizen's homes. 4. Inspection of dangerous or substandard buildings.- prior to demolitions If rat infestation is suspected, eradication of rats should be required by ordinance before building is demolished. 5. Rodent control information - published in City 6. Request additional training _ of City employees Control from Urban Rodent Control Agency. Newsletter-. in Rodent 7. Stricter enforcement - of existing ordinances (weeds, inoperable vehicles, building materials, etc.) 8. Organizational clean-up - with Control during spring clean-up newspapers, etc. special emphasis given to Rodent campaign. Advertisement in 9. Rodent Control pamphlet distribution - Distribution at public buildings, Chamber of Commerce; hand deliver to residents (Welcome Wagon). 10. Housing Inspection - During Certificate of Occupancy inspection - for compliance to substandard housing ordinance and smoke detector requirement, inspect home for signs of rodent infestation, and offer suggestions for rodent control. (Approximately eighty inspections monthly.) 11. Business consultations upon request. The proposed program includes most points suggested by Mr. Jan -1- Loven and Mrs. Carolyn Paris. It does not include those items which are directed toward mass public education, such as. 1. Public School Awareness Programs 2. Massive Bait and direction distributions 3. Town Hall type meetings 4. Enlisting youth groups to conduct surveys -2- AGENDA ITEM NO. 8. -CONSIDER AMENDED SUBDIVIDERS CONTRACT AND ACCEPTANCE OF EASEMENTS FROM BROOKHAVEN MEDICAL CENTER. City Manager Paul West stated that the Developers Contract being considered, if adopted and executed by the City, would go into effect when and if a Hospital A.uthority is formed and the Hospital Authority acquires the tract of land. Mr. West explained that the purpose of this Developers Contract is to guarantee the performance of all those items which a developer is required to do - pay for the installation of water, sewer, paving and drainage facilities. Mayor Grimmer explained that the City has a present developers contract with the Brookhaven Medical Center and the new contract being presented is to make those items binding if the Hospital Authority is established. The present owners of Brookhaven would still be required to live up to this present contract on areas other than. the hospital site. After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", approved and authorized the execution of the Developers Contract that has been submitted. AGENDA ITEM NO. 9. -CONSIDER ESTABLISHING A HOSPITAL AUTHORITY AND APPOINTING MEMBERS TO THE BOARD. Mr, Jim Maser, Vice Chairman of the Board of Directors of Brookhaven Medical Center presented a proposal for the need of establishing a Farmers Branch Hospital Authority by the adoption of an ordinance. He explained that this is the only involvement that the City has and the only control would be to appoint the original members of the Board of Directors that will operate and oversee the Authority, and every two years select at least three of the seven Board members. The total control and responsibility of the operation of the Authority resides in the Board of Directors. The job of the City Council is to decide whether the creation of the Authority is good or bad for the Citizens of Farmers Branch. The City would in no way incurr any expense in the creation or the operation of the Authority. It is a self-sustaining enity and raises money by revenue bonds with no obligation to the City. The Hospital Authority has no power whatsoever to levy taxes. Mr. Maser told of the need for hospital expansion to up-grade and modernize the facilities at Brookhaven Medical Center. He told of the need for facilities to attract and hold quality physicians at the hospital and in the medical office building. He told of hospitals having problems getting loans for such expansions, Mr. Maser stated that the Authority can sell bonds to purchase the existing facility and finance a long-range expansion program. Mr. Maser explained that under the proposed ordinance the Medical Center, if purchased by the Hospital Authority would be removed from its present status of a privately- owned, profit oriented facility and transformed into a non profit organization under quasi-governmental administration of its seven member board of directors. Vol. 25, Page 4. Mr. Jack Bailey, President of Brookhaven Medical Center, Inc., spoke of the health care need for better physicians and facilities. Mr. Bailey stated that the Hospital Authority would be the financing vehicle to better medical facilities. The following doctors explained their individual needs for better medical facilities offered to the community: Dr. Sloan Leonard Dr. Ann Arnold Dr. Francis Bride Dr. James Key Mrs. William Mackey, President of the Brookhaven Medical Center Auxiliary, spoke of the need far expansion of facilities. There was discussion between Councilman Dodd and Mr. Maser concerning the audit and the feasibility study which is to be completed in approximately two weeks according to Mr. Maser. There was discussion between the City Council members and Mr. Maser concerning the extent of the expansion plans with regards to existing buildings, proposed buildings and the possible plans for the adjacent property. There was more discussion concerning the duties of the Hospital Board. There was discussion concerning the loss of ad valorem taxes to the City. Comments concerning the creation of a Hospital Authority were made by the following: Mr. Mick Fugifetch Mrs. Edith Romaine Mr. Bill Thomas Mrs. Carol Dingman Mr. Bob McCausland and Mr. Larry Drury, CPA's, and Mr. Peter Tart, Bond Counsel, were recognized by Mr. Maser. After a lengthy discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", adopted the following captioned Ordinance No. 1087: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, DECLARING A NEED FOR A HOSPITAL AUTHORITY, CREATING A HOSPITAL AUTHORITY UNDER AND BY VIRTUE OF THE POWERS CONFERRED UPON SAID CITY BY THE HOSPITAL AUTHORITY ACT; DESIGNATING THE NAME BY WHICH SAID AUTHORITY SHALL BE KNOWN; DEFINING THE BOUNDARIES THEREOF, ENACTING PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. Vol. 25, Page 5. A. motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", placed the discussion of appointments of the Hospital Board of Directors in the Executive Session, and appointments be made after reconvening into General Session after the Executive Session. AGENDA ITEM NO. 10. - CONSIDER REQUEST TO WAIVE PERMIT FEES FOR BROOKHAVEN JUNIOR COLLEGE. Mayor Grimmer gave the following information: The Dallas County Community College District is requesting that the permit fees for plumbing, mechanical, electrical and building construction on Brookhaven Junior College project be waived. Mr. George Robinson, Construction Engineer for the Brookhaven Junior College project, stated they request the fees to be waived because this would be another way of putting dollars into the College. He told of the fees being waived by other cities. There was discussion of the cost that would be involved in inspections of the project by the City. After more discussion, Councilman McClung made a motion to deny the request. Councilman Binford seconded the motion. The motion carried 3 to 2 with Councilmen McClung, Binford and Quevreaux voting "aye", and with Councilmen Linn and Dodd voting "nay". AGENDA ITEM NO. 11. -CONSIDER PAYMENT OF ADDITIONAL DUES TO THE AMERICAN ASSOCIATION OF SMALL CITIES. Mayor Grimmer gave the following information: On October 6, 1975 the Council authorized membership in the American Association of Small Cities. At that time the dues were 1/2~ per capita population. The City paid $137.46. In November the Association adopted a. Constitution that provides that annual dues will be 1. 5 cents per capita, based on the most recent census. The City has received a statement from the Association for additional dues for 1976 in the amount of $274, 92. Total dues amount to $412.38. After some discussion, a motion by Councilman Dodd, and a second by Council- man Linn, authorized the payment of additional dues in the amount of $274. 92 to the American Association of Small Cities. - AGENDA ITEM NO. 12. -CONSIDER THE PURCHASE OF SIGNAL EQUIPMENT. City Manager Paul West gave the following informations This item was tabled at the lat Council meeting. Since that time, we have discovered other minor informalities in the proposals submitted by bidders on this equipment. The bids can legally be awarded if these formalities are waived by the City Council. The City has also received updated information concerning the performance of the controllers proposed by the low bidder. This information has become available since the meeting of Nov. 17, 1975. These additional facts and information are resulting in a change in our recommendation for the purchase of this equipment. Vol. 25, Page 6. The City Administration recommended that the informalities in the sub- mission of proposals be waived by the City Council, and that various items of equipment be purchased from the low bidder. Signal Engineering - controllers $41,192.40; Automatic Signal - wire and cable $3,178. 61; Valmont Industries - poles $8, 362` 00; and Eagle Signal - pedestrian push button and signals $10, 646. 00. Total recommended amount is $63, 379. 01. After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", waived formalities as discussed and awarded the bid for controllers to Signal Engineering in the amount of $41,192.40; for wire and cable to Automatic Signal in the amount of $3,178. 61; for poles to Valmont Industries in the amount of $8, 362.00; and for pedestrian push button and signals to Eagle Signal in the amount of $10, 646. 00. AGENDA. ITEM NO. 13. -CONSIDER THE PURCHASE OF FENCING MATERIALS. City Manager Paul West gave the following information: Four bids were received on December 11, 1975 for fencing material to be installed at various athletic facilities, the sanitary landfill and the service center. This fencing material is the major portion of the requirements for fencing on all capital improvement projects included in this year°s budget. Only those minor items required by individual site conditions remain to be purchased as each project is constructed. The low bidder is Cox Fence Company with a bid of $40,187. 73 on all items, as specified. After some discussion, a motion by Councilman Binford, a second by Council- man Quevreaux, all voting "aye", awarded the bid in the amount of $40,187. 73 to Cox Fence Company for fencing materials. AGENDA ITEM NO. 14. -CITY MANAGER REPORTS. City Manager Paul West gave a report of the various projects and happenings in the various departments within the city. A slide presentation was given on Tennis Courts and on the Halloween Spoon House activity. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. THE MEETING WILL BE OPENED BACK INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such items as Personnel Matters and Pending and Contem- plated Litigation may be discussed in closed session. AGENDA ITEM NO. 15. - EXECUTIVE SESSION a. Discuss Personnel Matters City Manager Paul West discussed with the Council circumstances of a letter received by the City Council from an ex-employee. Mr. West discussed pornography literature that has been found in a store in Farmers Branch. Vol. 25, Page 7. A.ppointments to the Farmers Branch Hospital Authority Board of Directors were discussed. b. Discuss Pending and Contemplated Litigation. City Attorney Doug McCallon gave an up-to-date status report on the Brookhaven PD-10 lawsuit. Mr. McCallon reported that the city won the suit of the Adler-Moore case. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. b. Discuss Personnel Matters - Appointments to Hospital Board A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", appointed Steve Jordan to serve Place 1 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. A. motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", appointed Gordan Carpenter to serve Place 2 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. A motion by Councilman McClung, a second by Councilman Binford, all voting "aye", appointed Ray Flaherty to serve Place 3 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. A. motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", appointed Bill Phipps to serve Place 4 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appoint- ment. A. motion by Councilman Quevreaux, a second by Councilman McClung, all voting 01aye", appointed Bill Bosworth to serve Place 5 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", appointed Kaye Overcash to serve Place 6 on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. A motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", appointed O. J. Bejcek to serve Place ? on the Farmers Branch Hospital Authority Board of Directors, conditioned upon the acceptance of the appointment. Vol. 25, Page 8. A motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted Ordinance No. 1088 naming the persons (7) previously appointed as the Board of Directors for the Farmers Branch Hospital Authority and setting their term of office for two (2)years. AGENDA ITEM NO. 16. ADJOURNMENT Upon a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of December 15, 1975 at 11:35 P. M.. Ma, o Geor e Grimmer City retary J. W. Wade Vol. 25, Page 9.