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1979-12-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING DECEMBER 3, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: Council were present: Bill Binford John Dodd Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Attorney John Boyle City Secretary J. W. Wade Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of December 3, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION J. W. Wade gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES -NOVEMBER 19, 1979 After consideration, a motion by Councilman Haggerty, a second by Quevreaux, all voting "aye", approved the minutes of the meeting of November 19, 1979 with the following sentence added to the next to the last paragraph of Page 46 under Agenda Item No. C.9: 'Councilmen Quevreaux and Dodd spoke in favor of 90 days instead of 180 days as requested.' AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Binford presented a five year service award to Troy Richards of the Street Department and a thirty year service award to Fire Chief R. L. Yager. AGENDA ITEM B.2-PRESENTATION OF BOARD APPLICATIONS TO'CITY COUNCIL. Mayor Bin ord explained that this item is placed on the agenda or- each meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. No one appeared before the Council on this item. AGENDA ITEM NO. C.1-HEAR PRESENTATION ON CABLE TV BY WARNER CABLE CORPORATION. Mr. Addison Bradford, an attorney in Dallas, was present representing Warner Cable T.V.. Mr. Bradford introduced Vice President of Warner Cable Paul Alden, Mike Korodie and Lee Jackson. Vol. 32, Page 52. Mr. Paul Alden through audio visual displays presented the various services available for cable television by Warner. Mr. Alden explained the Cube System and the Security System offered. Mr. Mike Korodi demonstrated the Security System through a security terminal display. Mr. Lee Jackson reviewed a comparison report Warner had prepared of the five franchise applications received by the city. Mr. Jackson reviewed price proposals for various services available by Warner. The City Council members held discussions with the representatives from Warner Cable concerning the Cube System, the Security System, various costs of various services, regulation of rates and of possible provision for review periods of the systems performance. The Council thanked the the representatives of Warner Cable for their informative presentation. AGENDA ITEM NO. C.2-DISCUSS CABLE TELEVISION. After a brief discussion, the Council set the date of December 10, 1979 at 5:00 P.M. for a study session to discuss cable television. AGENDA ITEM C.3-CONSIDER REQUEST FOR SITE PLAN APPROVAL OF THE PROPERTY LOCATED AT 1331 BEE STREET. Mayor Binford gave the following information from a memo to the Council from the Administration: Mr. Rayner Barrera owns the property at 13315 Bee Street. The property is within the PD-5 (c) Zoning District. Mr. Barrera would like to construct an 8' chain link fence around the property. Mr. Barrera must obtain site plan approval before a permit can be issued for construction of the fence. The Planning and Zoning Commission recommended that the site plan be approved with the condition that the proposed fence along Bee Street be setback a distance equal to the smallest building set- back in existence of the buildings located immediately adjacent to the subject property and that allowance of this setback will not establish the building setback line along Bee Street for any new building that is proposed for the property. There was discussion that the building along the south property line is setback 21 feet 2 inches from the street. The building along the north property line is set back 24 feet 5 inches from the street curb. This means to be in accordance with the Planning and Zoning Commission's recommendation, the fence is to be setback 21 feet 2 inches from the curb line along Bee Street. Vol. 32, Page 53. After consideration, a motion by Councilman Quevreaux, a second by Councilman Weidinger, all voting "aye", approved the site plan to construct an 8 foot chain link fence around the property of 13315 Bee Street owned by Mr. Barrera conditioned that the fence be set- back 21 feet 2 inches along Bee Street and that allowance of this setback will not establish the building setback line along Bee Street for any new building that is proposed for the property. AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED BETWEEN DENTON ROAD AND ROSSFORD ROAD AND SOUTH ON PIKE STREET. Mayor Bin or gave the following information from a memo to the Council from the Administration: Mr. Domingo Ruez owns the pro- perty between Denton and Rossford Roads south of Pike Street and north of Verbick Street. The property is located in PD-5(C) Zoning District. Existing improvements on the property consists of 2 residential homes. Mr. Ruez would like to construct a 6' chain link fence around the property. Due to the PD Zoning District, site plan approval must be obtained before fence permits may be issued. The Planning and Zoning Commission recommended that the site plan be approved with the condition that the fence be setback 30 feet from Rossford, Pike and Denton Roads, and that additional setback be provided at the intersection of Pike Road and Denton Road for future widening and extension of Pike Road. After consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved the site plan to construct a 6 foot chain link fence around the property between Denton and Rossford Roads south of Pike Street and north of Verbick Street owned by Mr. Domingo Ruez, conditioned that the fence be setback 30 feet from Rossford, Pike and Denton Roads, and that additional setback be provided at the intersection of Pike Road and Denton Road for future widening and extension of Pike Road. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR REPLAT APPROVAL OF D L SWANSON ADDITION. Mayor Bin ord gave the following information from a memo to the Council from the Administration: The D. L. Swanson Addition is a tract of land located on the south side of Valley View Lane approximately 250 feet west of Tom Field Road and is in an Office Zoning District. The property is being replatted in order to create an office building site. The plat has been reviewed by the City Engineering Division and it complies with the City's requirements for replat approval. The Planning and Zoning Commission recommended that the replat be approved. After consideration, a motion by Councilman Haggerty, a second by Councilman Quevreaux, all voting "aye", approved the replat sub- mitted for the D. L. Swanson Addition,asrecommended by the Planning and Zoning Commission. Vol. 32, Page 54. AGENDA ITEM C.6-CONSIDER REQUEST FOR REPLAT APPROVAL OF A & S DISTRIBUTION CENTER ADDITION. Mayor Binford gave the following information from a memo to the Council from the Administration: The A & S Distribution Center Addition is a tract of land located on Valley Branch Lane in an L-I Zoning District. The property is being platted in order to dedicate a required fire lane easement. The plat has been reviewed by the City Engineering Division and it complies with the City's requirements for replat approval. The Planning and Zoning Commission recommended that the replat be approved. After consideration, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", approved the replat sub- mitted for the A & S Distribution Center Addition, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR REPLAT APPROVAL OF BLOCK G OF METROPOLITAN BUSINESS PARK SECTION 5. ayor Bin gave the following information from a memo to the Council from the Administration: Block G df Metropolitan Business Park Section 5 is a tract of land located on Midway Road and is being replatted to dedicate a fire lane easement. The property is located in an L-1 Zoning District. The replat has been reviewed by the City Engineering Division and complies with the City's requirements for replat approval. The Planning and Zoning Commission recommended that the replat be approved. After consideration, a motion by Councilman Quevreaux, a second by Councilman Weidinger, all voting "aye", approved the replat of Block G of Metropolitan Business Park Section 5, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR REPLAT APPROVAL OF GOLDSTEIN ADDITION. Mayor Bin or gave the following information from a memo to the Council fromthe Administration: The Goldstein Addition is a tract of land located on Gardenbrook Drive in an L-I Zoning District. The property is being platted in order to create a building site. The plat has been reviewed by the City Engineering Division and complies with the City's requirements for replat approval. The Planning and Zoning Commission recommended that the replat be approved. After consideration, a motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", approved the replat of the Goldstein Addition as submitted and as recommended by the Planning and Zoning Commission. Vol, 32, Page 55. AGENDA ITEM NO. D.1-CONSIDER ADOPTING POLICY FOR NON-RESIDENTS USING GYM AT RECREATION CENTER. Mayor Binford explained that the Park and Recreation Board recommended that a policy be adopted by the City for non-residents using gymnasims at the Recreation Center. Non-residents, especially during winter months, are using the gyms to play basketball. Checking drivers licenses shows that many evenings 95% of the players ` are non-residents, with many standing in the lobbies to play. The non-resident policy recommended by the Park and Recreation Board is as follows: Any person using the gymnasiums or activity rooms for free play must be a resident of the City of Farmers Branch. Identification for all persons sixteen and older wishing to use the recreation center are required to show proof of residency. Only a drivers license will be allowed as proof of residency, and/or other documentation issued by the Park and Recreation Department, which will be a card similar to the weight key card. If a person can prove residency outside of a 50 mile radius, and is accompanied by a Farmers Branch resident, the person would be allowed to use the center for free play. Mayor Binford stated that the proposed policy will allow a person with residency outside of a 50 mile radius and accompanied by a Farmers Branch resident to use the recreation center. This policy will not affect league play or persons under the age of sixteen years. The cities of Richardson, Carrollton, Irving and Arlington have non resident polices. A discussion was held among the members of the City Council relating to a possible non resident charge to use the center; of allowing a person (regardless of where he resides) accompanied with a Farmers Branch resident to usethe center for free play, on a one to one ratio; and of receiving a copy of the City of Carrollton's policy. A motion by Councilman Dodd, a second by Councilman Ouevreaux, all voting "aye", adopted the policy recommended by the Park and Recreation Board for non-residents using the recreation center with the amend- ment that a non-resident person accompanied with a Farmers Branch resident will be allowed to use the center for free play. The Council instructed the City Administration to consider a fee schedule for non-resident persons using the center and to obtain information from the City of Carrollton on their policy. AGENDA ITEM NO. D.2-CONSIDER RATES FOR 1980 SWU,1MIING Mayor Bin or gave the following information from a memo to the Council from the Administration: Total loss for the 1979 swimming pool season was $16,290. Estimated loss with current rates for 1980 would be $28,000. Rates need to be increased to minimize the losses for the 1980 swimming pool season. Vol. 32, Page 56. The Park and Recreation Board recommended the swimming pool rates be increased for the 1980 swimming pool season as follows: General Admission $ .75 Season Tags 12.00 Baby Pool .25 After some discussion, Councilman Ouevreaux made a motion to adopt the swimming pool rates for the 1980 season as recommended by the Park and Recreation Board of the amount of $.75 for General Ad!Assion, $12.00 for Season Tags, and $.25 for Baby Pool. Councilman Haggerty seconded the motion. The motion carried 4 to 1 with Councilmen Ouevreaux, Haggerty, Dodd and Weidinger voting "aye", and Councilman Johnson voting "nay". Councilman Johnson opposed because of increasing the fee for- use of city facilities when in October the ad valorem tax rate was reduced. AGENDA ITEM NO. D.3-CONSIDER RESOLUTION NO. 79-027 ENDORSING THE CONCEPT OF EXTENDING THE DALLAS NORTH TOLLROAD NORTHWARD FROM L. B. J. FREEWAY. This item was placed on the agenda at the request of Councilman Haggerty. Mayor Binford and Councilman Haggerty informed the Council of attending a meeting with area city representatives with representa- tives from the City of Dallas concerning the North Dallas street plan area bound by L. B. J., Highway 544, Coit Road and Marsh Lane. One of the concepts proposed is the extension of the Dallas North Tollroad north, The extension is proposed to be a four lane toll road with two lane service roads on either side. The proposed service roads would give access to the businesses along the tollroad by underpasses and overpasses. Areas cities have been asked to endorse this concept. Resolution No. 69-027 has been prepared for consideration that endorses the concept of extending the Dallas North Tollway north- ward. There was discussion among the members of the Council relating to plans forthe tollway being extended eventually to Highway 121; the affect of the tollroad on property owners along the street in Farmers Branch, and since this is in the early stages of the plans, there will be time for further consideration on the final plans. Councilman Haggerty made a motion to adopt Resolution No. 79-027 that endorses the concept of extending the Dallas North Tollroad northward from L. B. J. Freeway. Councilman Weidinger seconded the motion. The motion carried 4 to 1 with Councilmen Haggerty, Weidinger, Ouevreaux and Johnson voting "aye", and Councilman Dodd voting "nay" Vol. 32, Page 57. AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1282, AMENDING ORDI- NANCE NO. 115 RELATING TO TAPPING FEES. Mayor Binford gave the following information from a memo to the Council from the Administration: At the present time there is no set fee for installing a 1" meter, coupling, and meter box on an existing tap. The city now has two new areas with over 220 exising taps installed by developers. Over 80%, approximately 175, of the new property owners are requesting that 1" meters be installed on their taps. Without a set fee for this particular installation, each request is figured individually, at cost, by the Public Utilities Department. The cost is then forwarded to the Building Inspection Department who quotes the cost to the customer. This is time consuming for both departments and causes delay in the installation of the meter for the customer. The average cost of the 1" meter installation is $150.00. Ordinance No. 1282 being presented for consideration amends Ordinance No. 1156 by adding a set fee of $150.00 for the cost of installing a 1" meter, coupling, and meter box on an existing tap. The Administration recommended the adoption of Ordinance No. 1282. After consideration, a motion by Councilman Johnson, a second by Councilman Ouevreaux, all voting "aye", adopted the following captioned Ordinance No. 1282: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NO. 1156, SECTION 2, BY RESETTING TAPPING FEES; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.5-CONSIDER ORDINANCE NO. 1281 ADOPTING THE 1976 EDITION OF THE FOOD AND DRUG ADMINISTRATION S FOOD SERVICE SANITATION ORDINANCE" WITH AMENDMENTS THERETO AS THE FARMERS BRANCH FOOD CODE, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Mayor Binford gave the following information from a memo to the Council fromthe Administration: The current ordinance regulating food service establishments within the City of Farmers Branch was adopted in 1963. This proposed ordinance will repeal the 1963 ordinance and provide a new ordinance with needed changes in cooking temperature requirements, reheating temperature requirements, dishwashing requirements, wiping cloth requirements, use and storage requirements for toxic materials, etc. The changes provided by this ordinance will strengthen the City's regulations for protecting public health without costing owners of food service establishments a large expenditure of money. The Texas Department of Health has already adopted the 1976 Edition of the Food and Drug Administration's "Food Service Sanitation Ordinance" as Texas Regulations. By adopting Ordinance No. 1281 the Farmers Branch Food Code will be made consistent with Texas Law. After consideration, a motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1281: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING THE 1976 EDITION OF THE FOOD AND DRUG ADMINISTRATION'S "FOOD SERVICE SANITATION ORDIN- ANCE " WITH AMENDMENTS THERETO AS THE FARMERS BRANCH FOOD CODE; AMENDING SECTIONS 1-101, 1-102(I)(M)(r)(t) Vol. 32, Page 58. (z), 1-104, 8-101 THROUGH 8-302, 10-102, AND 10-601 OF THE 1976 EDITION OF THE FOOD AND DRUG ADMINISTRA- TION'S "FOOD SERVICE SANITATION ORDINANCE"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (AGENDA ITEM NO. D.6-CONSIDER AUTHORIZING THE CITY r4ANAGER TO SIGN A CONTRACT WITH THE FARMERS BRANCH-CARROLLTON FLOOD CONTROL DISTRICT FOR ASSESSING AND COLLECTING TAXES. Mayor Binford gave the following information from a memo to the Council from the Administration: The city has been contacted by Mr. Dub Thompson, a member of the Farmers Branch-Carrollton Flood Control District, with regards to the City of Farmers Branch assessing and collecting taxes for the district. Mr. Thompson was advised by the City that this service could be provided at or near the cost of the city subject to City Council's approval. A contract has been prepared that will recover all of the additional expenses required in assessing and collecting taxes for the District and will provide for recovery of the conversion expense during the two year life of the contract. The contract does not extend beyond December 31, 1981, as the Central Appraisal District will assess property after that date. A new contract can be considered for billing and collecting in 1982 should it be the desire of the Council and District. The Administration recommended that the City Manager be authorized to sign the contract with the Farmers Branch-Carrollton Flood Control District. After some discussion, a motion by Councilman Weidinger, a second by Councilman Johnson, all voting "aye", authorized the City Manager to sign a contract with the Farmers Branch-Carrollton Flood Control District providing that the City is agreeable to assess and collect ad valorem property taxes Pori the' ,District. AGENDA ITEM NO. D.7-DISCUSS COOKS CREEK SANITARY SEWER BIDS, Mayor in or called on City Manager Paul West to report on this item, Mr. West reported that the City Staff after receiving permj,s,s,on from the City Council to advertise for bids for the reconstruction of the Cooks Creek sanitary sewer, designed plans for the reconstruc- tion. Several contractors were contacted and asked to submit a bid for the work. No bids were received. The contractors indicated that the project was a high risk job with many disadvantages. The contrac- tors didn't feel they could bid a price the city could afford with- out the risk of going broke. Mr. West stated that the Administration recommended this consideration be brought back to the Council at the next meeting. This will give time to explore further alternatives. One Alternative would be to bid by force account using city personnel under a contract management concept where subcontractors, equipment and operators would be hired. Another alternative discussed would be to enter into some type of cost plus contract with a contractor. Vol. 32, Page 59. After some discussion of the emergency in the project, a motion-by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", declared an emergency and waived the bid formalities for competitive bidding for the reconstruction of the Cooks Creek sewer project; and that the original contractors who were asked to bid, be contacted and inquire on what basis would they submit a cost plus bid in a contract. Councilman Dodd seconded the motion. The motion carried unanimously. After some discussion of a possible construction management contract concept, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", instructed the City Manager to request the City Attorney to prepare the appropriate resolution, if the need is still in existence, authorizing the City Administration to commence the Cooks Creek sanitary sewer repair on a construction management concept, and, authorizing the taking, of informal bids from sub- contractors in order to accomplish this needed repair as quickly as possible. Further that the City Attorney present the resolution to the Council at the Special called Council meeting of December 10, 1979. AGENDA ITEM NO. D.8-CONSIDER AWARDING THE BID FOR TWO VEHICLES FOR THE POLICE DEPARTMENT. Mayor Bin or gave the ollowing information from a memo to the Council from the Administration: Bids for two 1980 motor vehicles for Police Department use were opened at 10:00 A.M. on Monday, November 26, 1979. Low bidder meeting all specifications was Graff Chevrolet in Grand Prairie, Texas. The bid was one 1980 Malibu in the amount of $6,025.59, and one 1980 Impala in the amount of $6,636.30, for a total of $12,661.89. After some discussion, Councilman Haggerty made a motion to award the bid for two 1980 motor vehicles for the Police Department in the amount of $12,661.89 to Graff Chevrolet in Grand Prairie, Texas, the low bidder meeting the specification. Councilman Weidinger seconded the motion. The motion carried 4 to 1 with Councilmen Haggerty, Weidinger, Johnson and Dodd voting "aye", and Councilman Quevreaux voting nay'. AGENDA ITEM NO. D.9-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CONCRETE. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", authorized the advertisement for bids for 3000 psi concrete for the Street Division. AGENDA ITEM NO. D.10-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR MISCELLANEOUS TRAFFIC SIGN MATERIALS. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", authorized the advertisement for miscellaneous traffic sign materials for the Street Division. Vol. 32, Page 60. AGENDA ITEM NO. D.11-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THREE MOWERS FOR THE PARK DIVISION. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for three 60" mowers for the Park Division. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. OTHER COMMENTS. Mr. Bill Linn, 3060 Valley View Lane, with Cablesystems of Farmers Branch was present and introduced other Cablesystems representatives. They were: Dr. Bill Norris, Daryl Snadon, Glen Sayles and Bill Harris. Mr. Linn offered their services to the Council, if needed, in studying cable television. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An Executive Session was held at this point in the meeting. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. motion by Counci man odd, a second by Councilman Weidinger, all voting "aye", reappointed Kay Overcash and Floyd Brown to serve another two year term on the Farmers Branch Hospital Authority Board of Directors. The term is to expire December 1, 1981. AGENDA ITEM NO. E.3-NO NECESSARY ACTION NEEDED ON PENDING AND CONTEMPLATED LITIGATION. AGENDA ITEM NO. E.4-NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 79-028 that declares necessity of obtaining an approximate 30' strip of land for roadway right- of-way to the sanitary landfill in Denton County; authorizes the offer of $250.00 for the strip of land owned by the Barfknecht family; and authorizes condemnation procedures if the offer is refused. AGENDA ITEM NO. FA-ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of December 3, 1979 at 10:30 P.M.. Mayor Bill Binford Vol. 32, Page 61. City Secretary