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1980-11-03 CC MinutesCITY OF FAMRERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING NOVEMBER 3, 1980 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 Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of November 3, 1980 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the minutes of the City Council meeting of October 27, 1980 as submitted. MAYOR BINFORD ANNOUNCED THAT AGENDA ITEM NO. D.2 IS REMOVED FROM THE AGENDA. EMERGENCY ITEM DECLARED. A motion by Councilman Johnson and a second by Councilman Quevreaux, delcared an emergency and placed on the agenda as Agenda Item No. C.8-Consider Adopting Resolution Opposing Proposition No. 3. The motion carried 4 to. 1 with Councilmen Quevreaux, Johnson, Dodd and Weidinger voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Binford presented 5-year service awards to Frank Ha,y of the Utilities Department, Dennis Hoover of the Building Department and Charles Rhodes of the Street Division for their employment with the City. MAYOR BINFORD EPXRESSED APPRECIATION TO CITY MANAGER PAUL M. WEST FOR ALL THE WORK OF EMPLOYEES INVOLVED IN THE ACTIVITIES FOR THE SISTER CITY-BASSETLAW, ENGLAND VISITORS. Vol. 34, Page 1 AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS. Mayor Binford explained that this item is placed on the agenda of each meeting to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. Mr. Phillip Hettich, 2942 Maydell Street, presented an appli- cation expressing the desire to serve on the Farmers Branch Industrial Development Corporation Board, the Farmers Branch Hospital Authority Board of Directors or the Planning and Zoning Commission, in that order. AGENDA ITEM NO. B.3-PRESENTATION OF DONATION OF BOOKS TO THE LIBRARY. This item was placed on the agenda at the request of Mr. Harold Rummel of 14530 Cyprus Point. Mayor Binford asked Mr. Rummel to come forward and address the Council. Mr. Rummel stated that on behalf of the American Association of Retired Persons, Farmers Branch Chapter No. 2282, and the senior citizens of the community, he wished to convey thanks to the Council for their performance relating to the needs of the elderly persons of the community and present the library with (3) books. 1 book - "You and Your Aging Parent" 2 books - "Dallas County Nursing Home Directory" Mayor Binford expressed the thanks of the Council and said the books would be placed in the library for use by the citizens of Farmers Branch. AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER REQUEST TO DELETE SPECIFIC USE PERMIT NO. 13 THAT WAS GRANTED TO STRAW HAT PIZZA PALACE FOR A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW. REQUESTED FOR THE PROPERTY LOCATED AT 13000 JOSEY LANE #113. Mayor Binford gave the following information from an Administration memo. Vallinvest N.V., the owner of the Valley View Village Shopping Center, is requesting the zoning ordinance be amended to delete Specific Use Permit No. 13 from the property located at 13000 Josey Lane, Suite 113. The Valley View Village Shopping Center is within a PD-7 (_LR-11 Zoning District. A Specific Use Permit had been previously issued to allow a restaurant use on the property. The restaurant has closed and the shopping center owner has leased the space to an automobile parts business. (Dick's Auto Parts is expanding their business into this space.) The Planning and Zoning Commission recommends that the Specific Use Permit be deleted. Mayor Binford asked if there was anyone in attendance who wished to speak in favor of or against the request. No one spoke. Vol. 34, Page 2 A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. A motion by Councilman Quevreaux, a second by Councilman Weidinger, all voting "aye", approved the request of deleting Specific Use Permit No. 13 by adopting Ordinance No. 1329 captioned: 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 RESCIND SPECIFIC USE PERMIT NO. 13 THAT WAS ISSUED FOR A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW WITHIN A PD-7 (LR-1) ZONING DISTRICT AT 13000 JOSEY LANE, NO. 113; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF ROYAL LANE BETWEEN MATHIS STREET AND FERRELL DRIVE IN THE PD-22(LI) ZONING DISTRICT. Mayor Binford gave the following information from an Administratioi memo. A site plan has been prepared for a 5-building complex to be located on the north side of Royal Lane between Mathis Street and Ferrell Drive. The property is located in the PD-22 (LI) Zoning District and site plan approval is required before building permits are issued. The buildings will be used for office, office/warehouse, and office/showroom. The Planning and Zoning Commission recommends that the site plan be approved. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the site plan for the property located on the north side of Royal Lane between Mathis Street and Ferrell Drive in the PD-22 (LI) Zoning District. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF LOT , BLOCK 1 DISTRIBUTION CENTER. Mayor Binford gave the following information from an Administratioi memo. This property is located on Distribution Way just east of Denton Drive. The development is located in a Light Industrial (LI) Zoning District. The property is being platted in order to create a building site for an office/warehouse facility. The Engineering Division has reviewed the final plat and it complies with the City's requirements for final, plat approval. The Planning and Zoning Commission recommends that the final plat be approved. After some consideration, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the final plat of Lot 1, Block 1 Distribution Center. Vol. 34, Page 3 AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR TEMPORARY CIVIC AND PHILANTHROPIC USE FOR BOY SCOUT TROOP #713. Mayor Binford gave the following information from an Administratiol memo. Boy Scout Troop No. 713 is seeking permission to sell Christmas trees on the parking lot of Mary Immaculate Church located at 14032 Dennis Lane. The trees would be sold only on December 5, 6 & 7 and December 12, 13 & 14, 1980. The Church is within a Residential Zoning District. Christmas tree sales may be allowed as a civic and philanthropic use in a Residential Zoning District by resolution of the City Council. The Admini- stration recommends that the request be approved. Mayor Binford asked if there was a representative of the Boy Scout Troop who would like to come forward and address the Council. Mr. Doug Deno, Scout Master, residing at 3450 Rock Martin Drive, and Boy Scout Mark Russell, residing at 14081 Rawhide Parkway, address the Council and presented the request. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the request for temporary civic and philanthropic use for Boy Scout Troop No. 713 and adopted Resolution No. 80-023. AGENDA ITEM NO. C.5-DISCUSS STREET SYSTEM IN THE VICINITY OF FARMERS BRANCH OFFICE PARK. This item was placed on the agenda at the request of the Hartford Fire Insurance Company and the Trammell Crow Company. Mayor Binford asked if there were, representatives of these two companies in attendance who would come forward and address the Council. Councilman Haggerty asked to clarify a point. He stated it was not the desire of the Council to indicate they wanted to end Inwood Road with a cul-de-sac but to gather alternatives from the developers in the area. Mr. Dick Hamilton, Hartford Insurance Company of Hartford, Connecticut, came forward to address the Council. Mr. Hamilton stated that Hartford's impression was that the Council had wanted a cul-de-sac. Hartford is very aware. of the traffic problems in the Inwood Road, Dallas North Tollway and LBJ area and they had engaged the services of Urban Systems Consultants to study the situation. Mr. Hamilton said they were here tonight to formally ask the Council to reject the cul-de-sac solution and to work with them and the City of Dallas in finding an alternate solution that would be acceptable to all. Mr. Hamilton introduced Mr. Sayed Omar, the traffic engineer engaged by Hartford. Vol. 34, Page 4 Mr. Omar showed the Council slides of traffic at the inter- sections of Dallas Parkway and Inwood, Alpha and Inwood, Alpha and Dallas Parkway and Welch Road. He discussed the other options of travel if Inwood Road was closed at the Parkway. Mr. Omar brought up the option of a signal at Inwood Road and Dallas Parkway. Councilman Haggerty questioned the advisability of installing another signal light 500 feet north of LBJ when there was a signal light so close. Mr. Omar discussed the number of vehicles using these roads at the A.M. and P.M. peak periods. Councilman Johnson asked Mr. Omar where these figures came from and he said they were the projected figures from the traffic study combined with the number of employees that would be working out of the various businesses in the area, also from the future construction that would be progressing in the area such as the 3rd tower of the Farmers Branch Office Park and the Murchison Tract. At this time, Mr. Omar asked Mr. John DeShazo to answer questions from the Council regarding the Tollway construction. Mr. DeShazo, an engineer working for the North Dallas Chamber of Commerce, stated that the plan at this time was for the Tollway to overpass LBJ starting from north of Harvest Hill and ending north of Alpha Road. The construction was to begin sometime in the summer of 1981 and, hopefully, be open to traffic by January lst, 1985, however, this was speculation because all the design elements had not been resolved. Mr. Jack Giffen, a partner with Trammel Crow, Inc., answered questions from the Council pertaining to the construction plans of the 3rd tower in this area. He said that construction would commence the latter part of 1981 and be ready for occupancy in 1982. He also said that installing a signal would help address traffic from the Galleria. Mr. Danny Beck of Finger Furniture Rentals, 13595 Inwood Road, questioned the Council about notification of property owners in the area when something of this nature was going to be discussed and he was told that there was a public notice at the Police facility and the City Hall and it was also published in the local newspaper. He was told that individual notification by registered mail was not necessary unless the subject involved a zoning change, which this was not. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", directed the City Staff to work with the property owners, the developers in this area and the City of Dallas to develop an acceptable street intersection design that includes plans for the widening of Inwood Road and the extension of the Tollroad and that this motion does not rescind any previous action by the Council on the closing of Inwood Road. vol. 34, Rage 5 Mr. Ray Tucker, operator of Speedometer Service, Inc. on Spring Valley and Inwood Road, came forward to address the Council. Mr. Tucker asked if consideration could be made to straightening Inwood at the intersection with the Parkway so that southbound traffic entering the Parkway would not have to block two lanes. Mrs. Sally Sharpe of Step Savers, Inc. address the Council and said if the City would be interviewing the property owners in the area as to their concerns regarding the closing of Inwood Road, to please stop by their company. Mr. Kevin White of Wadsworth Properties addressed the Council and said that Wadsworth Properties wanted to go on record in opposition of closing Inwood Road. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR CONTRIBUTION FROM THE CITY FOR THEATRICAL PROGRAM. This item was placed on the agenda at the request of Dr. Deon Holt of Brookhaven Community College. Mayor Binford requested that Dr. Holt come forward and address the Council. Dr. Holt presented a proposal for the City to participate with the Brookhaven College Performing Arts Series 1981-82 in the amount of $12,500.00 from funds from the Hotel Occupancy Tax. After some discussion, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", approved the participation of the City in the amount of $12,500.00 for the Brookhaven College Performing Arts Series 1981-82. Councilman Dodd expressed the thought that something of this nature should be brought up at budget time and, also that the College should act in the spirit of cooperation with representatives who wished to bring in community type theatricals. Dr. Holt stated that the College would participate with a community type theater on a sporadic basis, however, the curriculum of the college must flow on a routine basis and this did not permit a permanent community type theater to operate from there. AGENDA ITEM NO. C.7-PUBLIC HEARING CONTINUED: CONSIDER AMENDING THE ZONING ORDINANCE TO DESIGNATE THE PROPERTY DESCRIBED AS 1 & 3 OF ABSTRACT NO. 1156; TRACTS 97 & 98 OF ABSTRACT NO. 733; AND PART OF LOT 34 BLOCK C OF THE LONGMIRE ADDITION AS HISTORICAL LANDMARK SITES. This item is a continuation of the hearing begun on August 18th, 1980. Vol. 34, Page 6 Mayor Binford stated that a contract has been received from the owners of the Wilson property for review and the City Attorney recommends that the item be continued for one month until the second Council meeting in December. After some discussion among the Council, a motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", con- tinued considering amending the zoning ordinance to designate the property described as 1 & 3 of Abstract No. 1156; Tracts 97 & 98 of Abstract No. 733; and part of Lot 34 Block C of the Longmire Addition as historical landmark sites until the meeting of December 15, 1980. AGENDA ITEM NO. C.8-CONSIDER ADOPTING A RESOLUTION OPPOSING PROPOSITION NO. 3. This item was placed on the agenda at the request of Mayor Pro Tem Dodd. Mayor Binford asked Councilman Dodd to explain this item. Councilman Dodd explained that at the Texas Municipal League Region 13 meeting November 6th, the guest speakers, one of which was the City Attorney John Boyle, pointed out that the passage of Proposition No. 3 would preclude the Texas Legis- lature in 1981 from having total ability and legal flexibility to repeal or substantially amend Senate Bill 621. There was discussion among the Council and it was the general concensus that a stand must be taken for future reference. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved adopting Resolution No. 80-024 opposing Proposition No. 3. AGENDA ITEM NO. D.1-CONSIDER AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF ADDISON, TEXAS, FOR CONSTRUCTION ON INWOOD ROAD. Mayor Binford gave the following information from an Administration memo. As authorized by the City Council at its meeting of October 20, 1980, the City Staff has prepared an agreement for the City of Addison to construct improvements on Inwood Road, within the City of Farmers Branch, at no cost to the City of Farmers Branch. It is recommended by the Administration that the proposed construction work on Inwood Road at the common city limit line be approved and that the City Manager be authorized to enter into this agreement to allow this construction work. After some di by Councilman with the City with a 4 to 1 and Weidinger scussion, a motion by Councilman Haggerty, a second Weidinger, authorized the execution of an agreement of Addison, Texas, for construction on Inwood Road vote with Councilmen Quevreaux, Johnson, Haggerty voting "aye", and Councilman Dodd voting "nay". Vol. 34, Page 7 AGENDA ITEM NO. D.2-CONSIDER AUTHORIZATION TO ADVERTISE FOR SALE OF LAND. This item was placed on the agenda at the request of a developer, however, he later requested that it be removed from the agenda. AGENDA ITEM NO. D.3-CONSIDER AWARDING THE BID FOR FENCING AT THE CAMELOT SANITARY LANDFILL. After reviewing the five bids received, a motion by Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", awarded the bid for fencing at the Camelot Sanitary Landfill to Allied Fence Company in the amount of $11,350.00. AGENDA ITEM NO. D.4-CONSIDER AWARDING THE BID FOR THE INSTALLATION OF TRUCK SCALES AT THE CAMELOT LANDFILL. After reviewing the two bids received, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", awarded the bid for the installation of truck scales at the Camelot Landfill to Cardinal Scales Manufacturing Company in the amount of $10,850.0-0 and authorized them to repair or replace any parts on the scales. AGENDA ITEM NO. D.5-CONSIDER AWARDING THE BID FOR THE PURCHASE OF ATTENDANT'S BUILDING FOR CAMELOT LANDFILL. After reviewing the three bids received, a motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", awarded the bid for the purchase of an attendant's building for the Camelot Landfill to Marko Building Manufacturer, Inc., in the amount of $5,117.00 based on the faster delivery time of 17 days. AGENDA ITEM NO. D.6-CONSIDER AWARDING THE BID FOR LIMESTONE SCREENINGS FOR THE WATER MAIN REPLACEMENT PROGRAM. After reviewing the four bids received, a motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", awarded the bid for Limestone screenings for the water main replacement program to Gifford Hill and accepting both the FOB Gifford Hill price of $2.50 per ton and the FOB Farmers Branch price of $6.77 per ton. AGENDA ITEM NO. D.7-CONSIDER AWARDING THE BID FOR RADIO EQUIPMENT. After reviewing the two bids received, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", awarded the bid for radio equipment to Motorola Corporation, in the amount of $24,280.00. AGENDA ITEM NO. D.8-CONSIDER AWARDING THE BID FOR VEHICLES FOR VARIOUS DEPARTMENTS. After some discussion on the specs on some of the vehicles and reviewing the six bids received, a motion by Councilman Johnson, a second by Councilman Dodd, was made to award the bids for vehicles for various departments as follows: Vol. 34, Page 8 A. 1 3/4 Ton Cargo Van to Preston Chrysler for $7,933.35 B. 1 1/2 Ton Pick-Up Truck to Lee Jarmon Ford for $7,245.93 C. 1 1/2 Ton Pick-Up Truck to Doran Chevrolet for $6,835.00 D. 4 Midsize 4-door Sedans to Doran Chevrolet for $27,893.76 E. 3 2 Ton Trucks to Doran Chevrolet for $43,007.00 F. 1 Cab & Chassis to Doran Chevrolet for $14,998.00 G. 1 Hoist Assembly from U.E.C. Equipment for $37,313.56 Councilman Quevreaux amended the motion and deleted Item C and this was accepted by Councilmen Johnson and Dodd. The motion passed with all voting "aye". There was some discussion among the Council regarding the lower bid for Item C was submitted by Carter Chevrolet. A motion by Councilman Quevreaux, a second by Councilman Johnson, was to award the bid for Item C to Carter Chevrolet in the amount of $6,812.00 for 1 1/2 Ton Pick-Up Truck. The motion failed 3 to 2 with Councilmen Quevreaux and Johnson voting "aye" and Councilmen Dodd, Haggerty and Weidinger voting "nay". A motion by Councilman Haggerty, a second by Councilman Dodd, awarded the bid for Item C, a 1 1/2 Ton Pick-Up Truck to Doran Chevrolet in the amount of $6,835.00. The motion carried 3 to 2 with Councilmen Dodd,.Haggerty and Weidinger voting "aye" and Councilmen Johnson and Quevreaux voting "nay". AGENDA ITEM NO. D.9-CONSIDER AWARDING THE BID FOR A WORD PROCESSING UNIT. After reviewing the five bids received, a motion by Councilman Haggerty, a second by Councilman Weidinger, awarded the bid for a work processing unit to CPT Corporation in the amount of $16,665.65. The motion carried 4 to 1 with Councilmen Haggerty, Weidinger, Dodd and Johnson voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. D.10-CONSIDER AWARDING THE BID FOR A MEMORY TYPEWRITER. After reviewing the two bids received, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye awarded the bid for a memory typewriter to IBM Corporation in the amount of $4,500.00 with delivery in four weeks. AGENDA ITEM NO. D.11-CONSIDER AWARDING THE BID FOR REROOFING MUNICIPAL BUILDINGS. After reviewing the two bids that were received, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", awarded the bid for work to be done on the Police Building, Fire Administration Building and Fire Station No. 1 to American Tektronics in the amount of $49,808.00 and the bid for the work to be done to the Service Center to Weather- ford Roofing Company in the amount of $15,176.00, for a combined total of $64,984.00. Vol. 34, Page 9 OTHER COMMENTS. Mrs. Carol Dingman, 3605 Tanglewood Circle, commented to the Council on the Water Main Replacement Program. 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 SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An executive session was held at this time. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2 & E.3- NO ACTION NECESSARY. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", authorized the City Administration to prepare resolutions for the needed right-of-way on Valley View Lane for the following: Tract 1 - the south west corner of Valley View Lane and Marsh in the amount of $32,500.00; Tract 2 - the south side of Valley View Lane across from the Centre Plaza Hotel in the amount of $10,600.00; and, authorized condemnation procedures if the owners do not accept the offer. ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adjourned the City Council meeting of November 3, 1980 at 9:50 P.M. 16 Mayor ,J Cit Secretary Vol. 34, Page 10