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1976-01-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING January 19, 1976 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: John Dodd Bill McClung Bill Binford Member of the City Council absent was: Councilman Ken Quevreaux The Council recognized and excused the absence of Councilman Quevreaux. The absence was due to Councilman Quevreaux being out of town on business. 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 January 19, 1976 to order at 7:30 P.M. AGENDA ITEM NO. 1. -INVOCATION J. W. Wade gave the Invocation. DECLARING AN EMERGENCY AND PLACED ITEMS ON AGENDA After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", declared an emergency and placed the following items on the agenda for consideration: Item No. 5, a. Discuss A Request for Change in Median Opening Item No. 6, a. Consider Resolution Concerning Unemployment Com- pensation Extension. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - January 5, 1976 After some consideration, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", approved the minutes of the City Council meeting of January 5, 1976 with the following addition made to page 14 under Agenda Item 14 to the last paragraph: "Councilman Dodd voted against the motion because the low bid was not accepted. " AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a 5 year service award to Dean Youngblood of the Building Inspection Division for employment with the city. Vol. 25, Page 17. AGENDA ITEM NO. 4. -PUBLIC HEARING CONTINUED: TO 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: OA KBROOK-ON-BROOK- HAVEN, PHASE 1-B, PHASE 1-C, AND PHASE III AS PLATTED AND RECORDED WITH THE COUNTY OF DALLAS AND CONTAINING 77.041 ACRES OF LAND MORE OR LESS. Mayor Grimmer reopened the public hearing for the consideration as stated in the above captioned. Mayor Grimmer gave the following information from a memo to the City Council: Mr. Louis Nichols, attorney for the Hemisphere Corporation, the developers of the Oakbrook-on-Brookhaven development has requested 'a 90 day continuance of the Public Hearing. Mr. Nichols has stated that the Hemisphere Corporation has met with the Oakbrook Homeowners Association, and the City Administration has prepared a rough alternate site plan. The 90 day continuation is needed to more carefully study the preparation of the final alternate plan. The Planning and Zoning Commission has continued the Public Hearing for the rezoning of Oakbrook-on-Brookhaven for a 90 day period, until April 12, 1976. The Planning and Zoning Commission recommends the Public Hearing be continued until April 19, 1976 for the City Council. Mayor Grimmer asked if there was anyone present to represent the Hemisphere Corporation. No one was present. Mayor Grimmer asked if there was anyone present to speak for or against this consideration. The following spoke: Mr. Bob Linker. 14435 Valley Hi, reviewed the status of the past months action of continuance of the zoning hearing of the Oakbrook-on-Brookhaven development. Mr. Linker requested the City Council to consider a 30 or 60 day continuance instead of the suggested 90 days. After some discussion, Councilman McClung made a motion to continue the public hearing for 60 days. Councilman Dodd seconded the motion. After some discussion concerning the wording of the motion, Councilman Dodd withdrew his second to the motion and Councilman McClung withdrew his motion. Councilman Linn made a motion to request the Planning and Zoning Commission to reconsider the request of the Hemisphere Corporation but to continue the public hearing in approximately 60 days and set the date of March 8, 1976 for the public hearing before the Planning and Zoning Commission; and set the date of March 15, 1976 for the City Council consideration. Councilman Dodd seconded the motion and all voted "aye". Vol. 25, Page 18. AGENDA ITEM NO. 5. -PUBLIC HEARING: TO CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW MORE THAN TWO DRIVEWAYS TO BE PERMITTED FOR THE PROPERTY LOCATED AT 2270 VALLEY VIEW LANE. REQUESTED BY SEARS ROEBUCK AND COMPANY. Mayor Grimmer opened the public hearing to consider the request as described in the above caption. Mr. Earnest Randall, Vice President of Vantage Company and owners of the property at 2270 Valley View Lane and the building that is under construction, stated that Sears, Roebuck and Company has leased the property for 10 years with a 20 year option for a service center. The service center will house a parts warehouse and appliance repair center. Mr. Randall requested a specific use permit be approved to allow three entrances to the property. They pro- pose one entry off Valley View Lane and two off Valley Branch Lane. Mr. Randall stated that Sears needed the additional driveway for their business. The service center will service equipment purchased from the stores in the North quadrant of Dallas County. Section 9-502, paragraph (1) of the City Zoning Ordinance states that in the LI zoning district only two drive approaches not exceeding 40 feet in width may be located in the front ,yard. Additional driveways may be obtained with a Specific Use Permit. Mayor Grimmer asked if there was anyone present to speak in favor or in opposition of the request. No one spoke. A motion by Councilman Linn, a second by Councilman McClung, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman McClung, a second by Councilman Dodd, all voting "aye01, granted the request for a Specific Use Permit by adopting the following captioned Ordinance No. 1090: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY GRANTING TO SEARS, ROEBUCK AND COMPANY A SPECIFIC USE PERMIT FOR THE INSTALLATION OF A THIRD DRIVE- WAY IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; SAID DRIVEWAY TO BE INSTALLED ON THEIR PROPERTY LOCATED AT 2270 VALLEY VIEW LANE ON A 1. 8506 A CR E TRACT OF LAND; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLAR S FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. " Vol. 25, Page 19. AGENDA ITEM NO. 5, a. -DISCUSS A REQUEST FOR CHANGE IN MEDIAN OPENING. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: A furniture store is planned on Dallas Parkway at the location of the old Trinity Concrete Products Company plant. An additional opening in the median is desired by the owners for access to this property. The proposed opening is not in compliance with the existing policy. Similar request have been denied in the past. A reasonable alternative plan to provide access to this property has been prepared by the Administration. Consideration of the proposed request should take in to count the effect to traffic on Spring Valley Road and the additional requests which can be anticipated if this request is granted. Mr. Lee Housley, President of HousleY Brothers from Oklahoma City introduced Floyd Simon, a registered engineer; Earnest Randall of Advantage Corportion; and, Bob Medaris of Hank Dickerson Company, Realtor. Mr. Housley distributed to the Council members a printed out- line of his presentation and a location sketch of requested median opening, Mr. Housley proposes to construct a large retail furniture store on Spring Valley Road and requests a median cut for access to their property. Mr. HousleY stated that based on a letter from the City of Farmers Branch dated September 19, 1974 stating that a median opening would be provided, Housley Brothers have spent monies for engineering, architectural and administrative work, plus processing a permanent loan for the planning of construction for the furniture store. Mr. Housley told of the need for the median opening. Mr. Housley stated the median cut as outlined oft their plans was a condition of their land contract. He said they had this letter of median cut approved before they signed the land contract; and further, had the median cut outlined in the contract. Mr. HousleY discussed reasons for not using entry as now suggested by the City Engineering Division. After some discussion, a motion by Councilman McClung, a second by Councilman Dodd, all voting "aye", granted the request of a median opening as requested by HousleY Brothers. Vol 25, Page 20. AGENDA ITEM NO. 6. -CONSIDER RESOLUTION SETTING POLICY ON FURNISHING PROTECTION FROM LIABILITY OF PUBLIC OFFICIALS AND CITY EMPLOYEES. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: A recent trend in civil liability suits against public officials, such as City Council members, City Managers and City employees, have increased and monetary judgments awarded in such instances have also increased. In order to better protect the City and its public officials and employees, Resolution No. 76-002 authorizes the Adminis- tration to seek public official and city employee liability insurance as well as explore other available legal defense avenues against such suits and monetary awards. After some consideration, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", adopted Resolution No. 76-002. AGENDA ITEM NO. 6, a. -CONSIDER, RESOLUTION CONCERNING UN- EMPLOYMENT COMPENSATION EXTENSION. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: From information received from the National League of Cities, the House Ways and Means Committee has intro- duced House Resolution #10210. This bill would revise the current unemploy- ment compensation law and provide a mandate to extend the unemployment coverage to all state and local employees. The Congress of Cities has adopted a policy calling for the exclusion of local employees from any federal law mandating payments for unemployment compensation. The Senate has yet to take any action on the question of unemployment compensation, but is expected to begin consideration of such a proposal in late January or early February. The City Administration recommends the Resolution No. 76-004 be adopted which opposes including local employees under any federal law mandating the payment of unemployment compensation. After some consideration, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", adopted Resolution No. 76-004. AGENDA ITEM NO. 7. -CONSIDER AWARDING BID FOR PAINTING ELEVATED TANKS. - - City Manager Paul West gave the following information: Two bids were received for painting the elevated tanks. The low proposal meeting the specifications for the painting is from Neumann Company in the amount of $49, 800.00. The proposal from Water Tank Service Company included the cost for repair in the lump price for painting the interior of the tank. The listed $86, 000.00 for painting services may be reduced by $20, 000.00 if repairs are to be paid for as provided in the specifications. The bid received from Neumann Company had a notation on the proposal form stating that the bidder proposed to paint the riser pipe with a material not meeting the requirements of the Vol. 25, Page 21. specifications. The Company was contacted by telephone for a clarification of this and requested to furnish prices for performing the work in compliance with the specifications. A verbal quotation of $49, 800. 00 for painting items and to perform the work in accordance with the specifications was given. This verbal quotation on January 2, 1976 was followed by a Mailgram. It is the recommendation of the City Administration that the low bid meeting the specifications, submitted by Neumann Company, be accepted with repair work at the unit prices shown on the bid tabulation form. Mr. Bob Linker, 14435 Valley Hi, stated he would like to see the name Farmers Branch and the logo on the tanks so to be seen from all sides. Only the logo will be put on the tanks. which was specified in the specifications. After some discussion, a motion by Councilman Dodd, a second by Council- man Binford, all voting "aye", awarded the bid for painting the elevated tanks to low bidder, Neumann Company, in the amount of $49, 800. 00, with repair work at the unit prices as shown on the bid tabulation form. AGENDA ITEM NO. 8. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR VEHICLES. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Permission is requested to advertise for bids on seven 1976 vehicles for the Police Department and 2 vehicles for the Building Inspection Division. All 9 units are replacing existing vehicles and are budgeted in the 1975-76 Budget. After some discussion, a motion by Councilman Binford, a second by Council- man Linn, all voting "aye", authorized the advertisement for bids for the 9 vehicles as requested by the City Administration. AGENDA ITEM NO. 9. - CITY MANAGER REPORTS. City Manager Paul West gave a report on the various happenings and projects of the various departments of the city. AGENDA ITEM NO. 10. -CONSIDER ORDINANCE NO. 1089 APPOINTING ADDITIONAL MEMBER TO BOARD OF DIRECTORS OF THE FARMERS BRANCH HOSPITAL AUTHORITY. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: This is the same item that was considered at the last Council meeting. At that time the City Council requested that the Hospital Board communicate to the City Council what the wishes of the Hospital Board were. The Board has responded by letter requesting the City Council Vol. 25, Page 22. to appoint Dr. Graham Bolton to the Hospital Board. Mr. Ray Flaherty, 13220 Challaburton, member of the Board of the Farmers Branch Hospital Authority, personally recommended and stated it was the recommendation of the Board that Dr. Graham. Bolton be appointed to the Board. Mr. Steve Jordan, 14432 Valley Hi, Chairman of the Board of Directors of the Farmers Branch Hos.pital Authority, respectfully submitted Dr. Graham Bolton to be appointed to the Board. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", placed the discussion of Agenda Item No. 11 in the Executive Session; and after discussion in Executive Session, the City Council will return in Open Session for the desired action. 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 8252-17, Section 2 of the open meeting law provided that such item as Personnel Matters may be discussed in closed session. AGENDA ITEM NO. 11. -EXECUTIVE SESSION. Discuss Personnel Matters The appointment of Dr. Graham Bolton to the Board of Directors of the Farmers Branch Hospital Authority was discussed. A status report of Brookhaven PD-10 lawsuit was given by City Attorney D oug'•McCallon. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. A motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1089 appointing Dr. Graham Bolton to the Board of Directors of the Farmers Branch Hospital A uthority; AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING ORDINANCE NO. 1088, SECTION 1, APPOINTING AN ADDITIONAL DIRECTOR TO THE BOARD OF DIRECTORS AND DECLARING AN EMERGENCY. Vol. 25, Page 23. AGENDA ITEM NO. 12. -ADJOURNMENT. A motion by Councilman Dodd, a second by "aye", adjourned the City Council meeting Mayor George G. Grimmer ZLZZ~~~ City Secretary J. W. Wade Councilman Binford, all voting of January 19, 1976 at 9:28 P. M. . Vol. 25, Page 24.